Administrative

Law, Defined

Prepared by: Romalie F. Galleto, MSDeA

What is Administrative Law?
Administrative Law is “that branch of
public law which fixes the organization
of government and determines the
competence of the administrative
authorities who execute the law (Lara,
2014).

2
What is Administrative Law?
Branch of modern law under which
the executive department of the
government, acting in a quasi-
legislative or quasi-judicial capacity,
interferes with the conduct of the
individual for the purpose of
promoting the well-being of the
community.

3
What is Administrative Law?
quasi-legislative- or rule making power
quasi-judicial- or adjudicatory function

4
 Why do we have
Administrative Law?

5
“delegation of powers”

6
How do you delegate your
power if you’re a leader?

7
8
Imagine when the government
decides building of roads and
other public infrastructures, they
don’t have to do that themselves
instead they will create an agency
to carry out their goal.

9
× Administrative law is a recent
development, being a consequence of
the ever increasing complexities of
society and the proliferation of
problems of government that cannot
readily or effectively be addressed by
the public agencies or solved by other
disciplines of public law.

10
 c i fi c
a s pe y
b y d b
ote d o in te
(Pil ap p t )
o n d en
pers e presi
th

11
× As administrative agency is
focusing on a specific subject
matter, some agencies are purely
internal and advisory but most
focused on specific societal
problems like housing or trade and
industry (e.g. National Housing
Authority, DTI etc.

12
 Sources of
Administrative Law
× Constitution (ex. COMELEC)
× Statutes creating administrative bodies
(ex. POEA took over the functions
Overseas Employment Development
Board)

13
 Sources of
Administrative Law
× Court decisions interpreting the charters of
administrative bodies (ex. SUCs operates under
a special charter vested by law)
× The body of rules, regulations and orders
issued by administrative agencies (ex. LTO as
and admin body for regulations under police
power)
14
Administration
Administration is understood in two senses:

× Institution – administration as the aggregate of

individuals in whose hands the reins of
government are for the time being (e.g. Duterte
Administration)
× Function – administration as the actual running
of the government by the executive authorities
through the enforcement of laws and
implementation of policies (e.g. President as
head of the state and head of the government)
15
Kinds of Administration
× Internal Administration- encompasses the
legal side of public administration i.e.
matters concerning personnel, fiscal, and
planning activities. To simplify, each office
has an established Department Services
which shall include planning service,
financial management service,
Administrative service and whenever
necessary, the Technical and Legal Services.
16
Kinds of Administration
× External Administration- deals with problems
of governing regulations, i.e. regulation of
public interest, lawful calling or profession,
trades or industries, rates, and prices of
commodities etc.

17
× Identify a particular Administration and distinguish its
internal and external aspect and its relevance.
× Example: DNSC as a state college (SUC)
× Internal- Office of the Administrative Services,
Office of the student affairs and Teaching force.
× External- subsidized tertiary education

18