ADMINISTRATIVE LAW

CHESTER MARK D. ALLAG

HANNA A. GUMIDAM
 IMPORTANT POINTS
1. Administrative Law
2. Principle of Separation of Powers
3. Executive Power of the President
4. Interpretation of Law and Its Kinds
5. The Ombudsman
6. Distinct Functions of Administrative Agency
7. Two Principal Ways in the Creation of Administrative Agency
8. President’s Power to
a) Abolish
b) Reorganize
9. Purposes of Congressional Oversight
10. Administrative Case Process
 PHILIPPINE ADMINISTRATIVE LAW
Administrative law is the part of public law establishing the framework and determining the
competence of administrative authorities (offices of the government) and provides the individual
person with remedies in case his rights are violated. It is made up of laws which organize
administrative bodies; rules, regulations and orders issued by these bodies, decisions over
controversies in their particular field of specialization; and doctrines dealing with their creating,
operation and effect of their decisions and regulations

It deals with the activities or executive or administrative agencies known and referred to as “boards’, “bureaus”,
“commissions”, “authority”, “offices” and “administration”

They can exercise quasi-legislative and quasi-judicial powers and functions and regulations not contrary to the
guideline set up by law and they can resolve the issues or the cases submitted to them

Sources:
a. The Constitution
b. Statutes
c. Court Decisions
d. The body of rules, regulations and orders issued by administrative agencies
 PRINCIPLE OF SEPARATION OF POWERS
The legislative, executive and judicial branches of the government were assigned distinct and
limited roles under the Constitution, and required to be comprised of different political actors.

Separation of powers, therefore, refers to the division of government responsibilities into distinct
branches to limit any one branch form exercising the core functions of another. The intent is to
prevent the concentration of power and provide for checks and balances.

The president has the power to veto legislation; the Senate must approve executive and judicial
nominations made by the President; the judiciary has the power to review actions of Congress or
the President; and Congress may, by supermajority, remove judges or the president from power.
 EXECUTIVE POWER OF THE PRESIDENT
THE EXECUTIVE
 Executive power is exercised by the government under the leadership of the president.
Legislative power is vested in both the government and the two-chamber congress—the
Senate (the upper chamber) and the House of Representatives (the lower chamber).
Judicial power is vested in the courts with the Supreme Court of the Philippines as the
highest judicial body.
THE PRESIDENT (EO no. 292, s. 1987)
 The executive branch is headed by the President who functions as both the head of
state and the head of government.
 The president is also the Commander-in-Chief of the Armed Forces of the Philippines.
 The president is elected by popular vote to a term of six years
 The president, then, appoints (and may dismiss) his/her cabinet members whom he/she
presides over.
 The executive seat of government is administered officially from Malacañang Palace—
also the official residence of the president—in Manila.
 The President may no longer run for re-election, unless he/she becomes president
through constitutional succession and has served for no more than four years as
president.
 INTERPRETATION OF LAW and ITS KIND
Literal Or Grammatical Interpretation
It is the general rule of interpretation that judges are not at liberty to add to or to take
from or modify the letters of the law. And they are required not to look beyond the
language of the law. This is the best mode of construction in preference to other
modes because the courts must in general take it absolutely for granted that the
legislature has said what is meant, what it has said.

Functional Or Logical Interpretation

It is that interpretation which deports from the letter of the law and seeks elsewhere
for some other and more satisfactory evidence of the true intention of the legislation.
 It is done because of
•An ambiguity (where there are two or more possible meanings)
•Inconsistency (where two different portions are opposed catch other)
•Incompleteness (where there is lacuna in the law itself).
•Where there is a logical defect in the spirit of law.
 THE OMBUDSMAN
1. Investigate and prosecute on its own or on complaint by any person, any act or omission of
any public officer or employee, office or agency, when such act or omission appears to be
illegal, unjust, improper or inefficient.  It has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage,
from any investigatory agency of Government, the investigation of such cases
2. Direct, upon complaint or at its own instance, any officer or employee of the Government, or
of any subdivision, agency or instrumentality thereof, as well as any government-owned or
controlled corporations with original charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any abuse or impropriety in the performance
of duties
3. Direct the officer concerned to take appropriate action against a public officer or employee at
fault or who neglects to perform an act or discharge a duty required by law, and recommend
his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance
therewith; or enforce its disciplinary authority as provided in Section 21 or this Act: Provided,
That the refusal by any officer without just cause to comply with an order of the Ombudsman
to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at
fault or who neglects to perform an act or discharge a duty required by law shall be ground
for disciplinary action against said officer
 THE OMBUDSMAN
4. Direct the officer concerned, in any appropriate case, and subject to such limitations as
it may provide in its rules of procedure, to furnish it with copies of documents relating to
contracts or transactions entered into by his office involving the disbursement or use of
public funds or properties, and report any irregularity to the Commission on Audit for
appropriate action

5. Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents

6. Publicize matters covered by its investigation of the matters mentioned in paragraphs

(1), (2), (3) and (4) hereof, when circumstances so warrant and with due determine what
cases may not be made public:  Provided further, That any publicity issued by the
Ombudsman shall be balanced, fair, and true

7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption
in the Government and make recommendations for their elimination and the observance
of high standards of ethics and efficiency
 THE OMBUDSMAN
8. Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to examine and have access to bank accounts and
records

9. Punish for contempt in accordance with the Rules of Court and under the same procedure
and with the same penalties provided therein 

10. Delegate to the Deputies, or its investigators or representatives such authority or duty as
shall ensure the effective exercise of performance of the powers, functions, and duties herein
or hereinafter provided

11. Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained
wealth amassed after February 25, 1986 and the prosecution of the parties involved therein

12. Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law
 DISTINCT FUNCTIONS OF ADMINISTRATIVE AGENCY

1. Executive function – Administrative agencies enforce law and regulations

 ADMINISTRATIVE they pass, that means the agency investigates complaints and identifies conduct
AGENCY that it deems in violation of regulations. Enforcement is partially handled through
administrative courts that address the dispute and render a decision.
agencies which exercises
some significant form or 2. Quasi - legislative function – the admin agency develops and
combination of executive, issue regulations that have the impact of laws. The rules may be internal,
legislative and judicial procedural, interpretative or legislative. Legislative rules generally have the force
powers; all agencies are of law and add to statutory laws. They outline how individuals should comply with
public offices regulations and failure to comply is illegal and maybe enforced through agency
procedure or civil or criminal law.

3. Quasi – judicial function – administrative agencies often create

tribunals to sdjudicate disputes. The congress may direct that certain types of
disputes undergo an administrative process before a party has a standing to bring
an action to a state court challenging the agency’s action

***proceeding conducted by an administrative or executive official that is similar

to a court proceeding e.g. a hearing; a judicial act performed by an official who is
neither a judge or not acting in his/her capacity as judge
 PRINCIPAL WAYS IN THE CREATION OF AN
ADMINISTRATIVE AGENCY

REORGANIZATION OF ADMINISTRATIVE AGENCIES

Reorganization – process of restructuring the bureaucracy’s
organizational and functional set-up, to make it more viable in terms of the
economy, efficiency, effectiveness and make it more responsive to the
needs of its public clientele as authorized by law.
–used by the legislature to reorganize or abolish offices, which it may
do so by law directly or indirectly by authorizing an executive department or
agency to reorganize the office.
 PRINCIPAL WAYS IN THE CREATION OF AN
ADMINISTRATIVE AGENCY

Basis of the President’s Power to Reorganize

The exercise of the power of reorganization or abolition of offices must be made
in good faith, otherwise the same may be declared invalid.
 Evidence of bad faith (RA 6656):
1) Where there is a significant increase in the number of positions in the new staffing pattern of the
department or agency concerned;
2) Where an office is abolished and another performing substantially the same functions us created;
3) Where incumbents were replaced by those less qualified in terms of status of appointment, performance
and merit;
4) Where there is a classification of offices in the department or agency concerned and the reclassified
offices perform substantially the same functions as the original offices; and
5) Where the removal violates the order of separation.
 PRINCIPAL WAYS IN THE CREATION OF AN
ADMINISTRATIVE AGENCY
CREATION AND ABOLITION OF AGENCIES
Public office – right, authority and duty, created by law, by which, for a given period either
fixed by law or enduring at the pleasure of the appointing power, an individual is invested with
some portion of the sovereign functions of government, to be exercised by that individual for
the benefit of the public

The creation of public offices is primarily a legislative function.

In so far as the legislative power in this respect is not restricted by constitutional
provisions, it is supreme, and the legislature may decide for itself what offices are suitable,
necessary, or convenient.
 
All offices created by the legislature are wholly within the power of that body, and it may
prescribe the mode of filling the office and the powers and duties of the office holders, and, if
it sees fit, abolish the office.
 CONGRESSIONAL OVERSIGHT

Purposes

Oversight, as an outgrowth of this principle, ideally serves a number of overlapping

objectives and purposes:

 improve the efficiency, economy, and effectiveness of governmental operations;

 evaluate programs and performance;
 detect and prevent poor administration, waste, abuse, arbitrary and capricious
behavior, or illegal and unconstitutional conduct;
 protect civil liberties and constitutional rights;
 inform the general public and ensure that executive policies reflect the public interest;
 gather information to develop new legislative proposals or to amend existing statutes;
 ensure administrative compliance with legislative intent; and
 prevent executive encroachment on legislative authority and prerogatives.

In sum, oversight is a way for Congress to check on, and check, the executive director
 THE ADMINISTRATIVE CASE PROCESS

An administrative complaint may be filed for Acts or Omissions based on the following:
1. Contrary to law or regulations
2. Unreasonable, unfair, oppressive or discriminatory
3. Inconsistent with the general course of an agency’s functions though in accordance with the law
4. Based on mistake of law or an arbitrary ascertainment of facts
5. In the exercise of discretionary powers but for an improper purpose
6. Otherwise irregular, immoral or devoid of justification
7. Due to delay or refusal to comply with the referral or directive of the Ombudsman or any of his
deputies against the officer or employee to whom it was addressed.

Commencement of Administrative proceedings may be commenced against a subordinate officer or

employee by the Secretary or head of office of equivalent rank, or head of local government, or
chiefs of agencies, or regional directors, or upon sworn, written complaint by any other person. –
Sec. 48 (1), Chapter 6, Subtitle A, Title I, Book V of EO 292 (Administrative Code of 1987)
 THE ADMINISTRATIVE CASE PROCESS

How the Administrative Case is Initiated?

Administrative case may be initiated by a written complaint under oath accompanied by a affidavits of
witnesses and other evidence in support of the charge. It shall be accompanied by a certificate of non-forum
shopping duly subscribed and sworn to by the complainant or his counsel. An administrative proceeding may also
be ordered by the ombudsman or the respective deputy ombudsman on his initiative or on the basis of a
complaint originally filed as a criminal action or grievance complain or request for assistance.

EVALUATION

The complaint shall be evaluated to determine whether the same may be

1. Dismissed outright for any of the grounds stated under Sec.20 of RA 6770
2. Treated as a grievance/request for assistance which may be referred to the Public Assistance Bureau
3. Referred to other disciplinary authorities for taking administrative proceedings
4. Referred to the appropriate office/agency or official for the conduct of further fact-finding investigation
5. Docketed as an administrative case for the purpose of administrative adjudication by the Office of the
Ombudsman
 THE ADMINISTRATIVE CASE PROCESS
How is Administrative Adjudication Conducted?

1. if the complaint is docketed as an administrative case, the respondent shall be furnished with a copy of the affidavits and other evidence
submitted by the complainant, and shall be ordered to file his counter-affidavits ad other evidence in support of his defense, within ten (10) days
from receipt thereof, together with proof of service of the same on the complainant who may file his reply-affidavit within ten (10) days from
receipt of the counter-affidavit of the respondent.
2. if the hearing officer finds no sufficient cause to warrant further proceedings on the basis of the affidavits and other evidence submitted by the
parties, the complaint may be dismissed.
3. The conduct of formal proceedings by the Office of the Ombudsman in administrative cases shall be non-litigious in nature. Subject to the
requirements of due process in administrative cases, the technicalities of law, procedure and evidence shall not strictly apply thereto. The
Hearing Officer may avail himself of all reasonable means to ascertain speedily the facts of the case. He shall take full control of the
proceedings, with proper regard to the right of the parties to due process, and shall limit the presentation of evidence to matters relevant to the
issue(s) before him and necessary for a just and speedy disposition of the case.
4. In the conduct of formal administrative investigation, the Hearing Officer shall set the case for continuous trial. The parties shall be notified at
least ten (10) days before the date of the initial hearing. Failure of any or both of the parties to appear at the scheduled hearing(s) is not
necessarily a cause for the dismissal of the complaint.
5. Only witnesses whose affidavits have been submitted by the parties and served on the adverse party prior to the issuance of the Order
directing the conduct of a formal investigation may be allowed to testify at the hearing. The affidavit of any witness shall constitute his direct
testimony, subject to cross-examination, re-direct examination and re-cross examination.
6. The parties shall be allowed the assistance of counsel and the right to the production of evidence thru the compulsory process of subpoena and
subpoena duces tecum;
7. PLEADINGS prohibited under these Rules:
1. Motion to dismiss, although any ground justifying the dismissal of the case may be discussed in the counter-affidavit/pleadings of the party;
2. Motion for bill of particulars
3. Dilatory motions including, but not limited to, motions for extension of time, for postponement, second motions for reconsideration
and/or re-investigation
 REFERENCES

1. Lecture notes on PA 218 Administrative Law, Mr. Nestor Gayagoy

2. https://aiametrillo.blogspot.com/2013/07/administrative-agencies.html
3. https://www.liquisearch.com/congressional_oversight/purposes
4. https://www.slideshare.net/joitonio/Philippine-administrative-system-pas
5. https://legaldictionary.net/administrative-law/
6. https://philcritic.blogspot.com/2011/10/administrative-law-general-principles.html