POINTERS TO REVIEW:
PART I: Please memorize and familiarize yourself
Scope of Administration Law
1. Law that fixes administrative organization and structure.
2. Law that which the execution and enforcement is entrusted to administrative authorities.
3. Law that governs public officers
4. Law that creates administrative agencies, define their powers and functions
5. Law that provides remedies, administrative or judicial to those aggrieved by
administrative actions or decisions
6. Rules, regulations, orders and decisions made by administrative administrative authorities
7. Body of judicial decisions and doctrines dealing with administrative agencies
Types of Delegation of Function of Authority
1. Delegation of internal management
2. Delegation of authority to dispose routine matters
3. Delegation of authority to dispose of matters informally; or to initiate formal proceedings
4. Delegation of authority to conduct and function in formal proceedings
Types of Administrative Agencies and Example (G-C-P-R)
1. Those created to function in situations wherein the government is offering some gratuity,
grant or special privilege.
a. Example:
i. GSIS
ii. SSS
2. Those set up to function in situation wherein the government is seeking to carry in
certain functions of the government
a. Example:
i. BIR
ii. BOC
iii. LRA
3. Those set up to function in situations wherein the government is performing some
business service for the public
a. Example:
i. Philippine Postal Corporation
ii. Philippine National Railways
iii. National Food Authority
4. Those set up to function in situations wherein the government is seeking to regulate
business affected with public interest.
a. Example:
i. LTFRB
ii. Housing and Land Use Regulatory Board.
Types of Administrative Organization
1. Traditional Organization
a. Executive Branch
b. Legislative Branch
c. Judicial Brach
2. Special Bodies or Agencies – the independent Constitutional Commission created by
Constitution
a. CSC
b. COMELEC
c. COA
Classification Powers of Administrative Agency as to Nature
1. Investigatory Power – power to inquire in an administrative body, power to inspect
the records and premises, and power to investigate activities of persons or entities.
(Example, the BIR has the power to investigate entities who are not following the law
under the Tax Code or not following the regulations issued by BIR)
2. Rule-Making Power or Quasi-Legislative – the power to make implementing or
interpretative rules or regulations
3. Adjudicatory Power or Quasi-Judicial – the power and functions that which involve
the decision or determination of administrative agencies of the rights, duties, and
obligations of specific individuals.
Requisites of Validity of Administrative Rules and Regulations
1. It must be issued on the authority of law
2. Must not be contrary to law and Constitution
3. Promulgated in accordance with the prescribed procedure
Please study the following on your own:
➢ Distinguishment of Discretionary Power from Ministerial Power
➢ Non-delegation of Power
➢ Delegata Potestas Non Potest Delegari
➢ Examples of Departments and their mandates
PART II.
How to properly answer a situational essay type of exam. Note that it must be brief and concise.
Remember this: ABC Method
A - Answer
B - Basis
C - Conclusion
Example:
QUESTION:
The Mayor of Manila issued an Executive Order creating a committee to “investigate the
anomalies involving the license inspectors and other personnel of the License Inspection
Division of the Office of the City Treasurer and of the License and Permits Division of the
Office of the Mayor.” He named C as a Chairman of the said committee.
In line with the said Executive Order, the Committee issued a subpoena to D, a private citizen
working as bookkeeper, requiring him to attend before it on June 3, 8, and 15 in connection with
the administrative case against E. However, D refused to appear.
Now, the Committee want to declare D in contempt on the ground of impeding, obstruction, or
degradation of the administrative proceedings.
Does the refusal of D impede, obstructs, or degrades the administrative proceedings?
ANSWER with ABC Method:
No, the refusal of D did not impede, obstruct, or degrade the administrative proceedings. In the
given question, the power of the Mayor to issue an Executive Order is a quasi-legislative power
and the power to issue subpoena, in case it is given, is part of the investigatory power which are
delegated by the Legislative Department to the Mayor. (This is the ANSWER)
Pursuance to the doctrine of Delegata Potestas Non Potest Delegari, the power that which
already delegated cannot be further delegated. (This is the BASIS)
Therefore, the Committee has no power to issue the subpoena because it is opposed to the
doctrine of Delegata Potestas Non Potest Delegari. The subpoena that the committee issued has
no authority, therefore it is void. Because it is void, the refusal of the D is only proper and did
not impede, obstruct, or degrade the administrative proceedings. (This is the CONCLUSION)
GOOD LUCK!
