ADMINISTRAT

IVE
LAW
APRIL V. ZABALLA-LUZON, JD, PhD
Dean, College of Arts and Sciences
Camarines Sur Polytechnic Colleges
Nabua, Camarines Sur
 Hello!
I am APRIL Z.
LUZON.
Allow me to connect
with you.
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What do you
expect from
this class?
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 “
“Half the world is composed of people
who have something to say and can't, and
the other half who have nothing to say and
keep on saying it.      
- Robert Frost

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WHAT TO EXPECT IN THIS class?
By the end of the semester, we will be able to
+ CO1: Demonstrate awareness with the current
trends and developments in Administrative Law.

+ CO2: Understand and assess the legal frameworks

that govern the processes and procedures in a
government office/organization.
+  
+ CO3: Analyze the functions of public personnel 5
WHAT TO EXPECT IN THIS class?
By the end of the semester, we will be able to
+ CO3: Analyze the functions of public personnel
management in Administrative Law.
+ CO4: Evaluate the theories and concepts used in
effective mechanism for Administrative agencies.
+  
+ CO5: Demonstrate critical reasoning,
problem-solving, technology skills, and ethical
considerations relating to public responsibility.
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WHAT TO EXPECT IN THIS class?
By the end of the semester, we will be able to
+ CO5: Demonstrate critical reasoning,
problem-solving, technology skills, and ethical
considerations relating to public responsibility.
+ CO6: Apply techniques of public Administrative
Law.
+  
+ CO7: Propose organizational strategies or
frameworks that can contribute to the development
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WHAT TO EXPECT IN THIS class?
By the end of the semester, we will be able to
 
+ CO7: Propose organizational strategies or
frameworks that can contribute to the growth and
development of public administration.

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 “The human brain is a
wonderful thing. It starts
working the moment you are
born and never stops until you
stand up to speak in public.”
– George Jessel

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CHAPTER 1: GENERAL PRINCIPLES
TOPICS IN THIS CHAPTER:
1. Introduction
2. Definition of Administrative Law
3. Background and development of administrative law
4. Sources of administrative law
5. Relationships between courts and administrative agencies

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CHAPTER 1: GENERAL PRINCIPLES
TOPICS IN THIS CHAPTER:
6. Classes of administrative bodies in the Philippines
7. Administration defined
8. Two aspects of Administration (Internal & External)
9. Distinctions (Administration and politics, Administration and law)
10. Weaknesses of administrative action

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DEFINITION OF ADMINISTRATIVE
+ ROSCOE POUND defines the term ADMINISTRATIVE
LAW
LAW as that 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
individual for the purpose of promoting the well-being of
the community, as under laws regulating public utility
corporations, bureaus affected with public interest,
professions, trades and callings, rates and prices, laws for the
protection of public health and public convenience and
advantage.

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DEFINITION OF ADMINISTRATIVE
LAW
+ GOODNOW defines ADMINISTRATIVE LAW as that
branch of public law which fixes the organization and
determines the competence of administrative authorities
and indicates to the individual remedies for the violation of his
rights.

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DEFINITION OF ADMINISTRATIVE
LAW
+ FREUND defines ADMINISTRATIVE LAW as that system
of legal principles which settles the conflicting claims of the
executive and administrative authorities on the one hand and
of the individual or private rights on the other.

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DEFINITION OF ADMINISTRATIVE
LAW
+ In its broadest sense, the term “administrative law” includes
all that portion of public law of the land concerning executive
and administrative officials.

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 DEFINITION OF ADMINISTRATIVE
+LAW
In this sense, it includes much of the law of sovereign states,
their powers and duties, the law of public officers, their
election, appointment and removal, civil service, and the
rights, duties and liabilities of officers, much of the law of
public corporations, the law relating to government services
and the distribution of bounties of government, and finally, all
of that great and growing mass of legal doctrines having to do
with the enforcement of statute law regulating private affairs.

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
1. It is a branch of public law.
2. It deals with the activities of the executive or administrative
agencies, known and referred to as “boards,” ”bureaus”,
”commission”, “authority” and “administration”.

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
1. 3. These “boards”, “bureaus”, “commissions”, “authority,
“Office” and “administration” can exercise quasi-legislative
and quasi-judicial powers and functions in the sense that they
can issue rules and regulations not contrary to the guidelines
set up by law and they can resolve the issues or the cases
submitted to them.

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
4. Administrative regulations and policies enacted by
administrative bodies to interpret the law which they are entrusted
to enforce have the force of law and are entitled to great respect.
They have in their favor the presumption of legality. .(Gonzales
VS Landbank of the Philippines, GR No. 7675, March 22, 1990)

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
5. In the resolution od cases or issues presented to administrative
bodies and offices, they are not bound by the technical rules of
evidence. Strict observance of the same is not indispensable in
administrative cases. (Daduvo VS Civil Service Commission, 42
SCAD 750, 223 SCRA 747.)

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
6. An administrative decision may properly be amended or set
aside only upon clear showing that the administrative official or
tribunal has acted with grave abuse of discretion amounting to
lack or excess of jurisdiction. (Heirs of Tanjuan VS Office of the
President, et.al. GR No. 126847, December 4, 1996)

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
 There is an abuse of
discretion when the same
was performed in a
capricious or whimsical
exercise of judgement
which is equivalent to lack
of jurisdiction

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
 The abuse of discretion must be so patent and gross as to
amount to an evasion of positive duty or to a virtual refusal to
perform a duty enjoined by law, as where the power is
exercised in an arbitrary or despotic manner by reason of
passion of personal hostility.

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
7. Factual findings of administrative bodies should be accorded
not only respect but also finality if they are supported by
substantial evidence even if not overwhelming or preponderant. .
(Casa Filipino Realty Corporation VS Ofice of the President, 241
SCRA 165)

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
8. Although findings of facts of an administrative agency is
persuasive in courts and carries with it a strong presumption of
correctness, nonetheless, the interpretation and application of
laws is the court’s prerogative. (Prudential Bank VS. Gapultos,
GR No. 41835, January 19, 1990)

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
Q: When can there be a judicial review of the findings of facts of
administrative bodies?

A: When there is fraud, imposition or mistake other than errors of

judgement in estimating the value of effect of evidence; and,
When there is an error in the appreciation of pleadings and in the
appreciation of documentary evidence by the parties.

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
9. Administrative remedies should first be exhausted before
filing a petition for relief. (Walstrom VS Mapa GR No.
38387, Jan. 29, 1990)
10. On purely legal question, however, the aggrieved party need
not exhaust administrative remedies. Reason: Nothing of an
administrative nature is to be done or can be done in the
administrative forum. (Prudential Bank VS. Serrano, GR No
49293, January 19, 1990)

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ADMINISTRATIVE LAW IN ACTUAL
PRACTICE
11. If a case is such that its determination requires the expertise,
specialized skills and knowledge of the proper administrative
bodies because technical matters or intricate questions of facts are
involved, then relief must be first obtained in an administrative
proceedings before a remedy will be supplied by the courts eve
though the matter is within the proper jurisdiction of a court.
This is known as the principle of primary jurisdiction. (Industrial
Enterprise VA Court of Appeals, GR No. 88550, April 8, 1990)

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BACKGROUND AND DEVELOPMENT
OF ADMINISTRATIVE LAW

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ORIGIN OF ADMINISTRATIVE LAW
1. STATUTES
2. INCREASE OF GOVERNMENTAL
FUNCTIONS AND CONCERNS
3. NECESSITY OF GOVERNMENT CONTROL
AND REGULATIONS

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SOURCES OF ADMINISTRATIVE
LAW
+ The Constitution

(i.e., Art. IX Section 1 of the 1987 Constitution which provides

as follows: “The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, Commission on
Election, and the Commission on Audit.”)

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SOURCES OF ADMINISTRATIVE
LAW
+ The Statutes creating administrative bodies

- The Board of Energy was created by PD No. 1208 dated

October 6, 1977.
- The Workmen’s Compensation Commission was abolished on
March 31, 1976, and it was replaced by the Employees’
Compensation Commission as provided by Article 176 of the
New Labor Code of the Philippines, PD No. 442 as amended.

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SOURCES OF ADMINISTRATIVE
LAW
+ Court Decisions

- Jurisprudence laid down by the Supreme Court containing

interpretations involving the principle of primary jurisdiction;
exhaustion of administrative remedies, due process in
administrative proceedings, etc.

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SOURCES OF ADMINISTRATIVE
LAW
+ The Body of rules, regulations and orders issued by
administrative agencies

- Rules, regulations, circulars issued by the different

administrative agencies of the government
- Decisions and orders of administrative bodies in cases
submitted to them (i.e., decisions of the National Labor Relations
Commission on complaints filed by employees against their
employers)

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RELATIONSHIP BETWEEN COURTS
AND ADMINISTRATIVE AGENCIES

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CLASSES OF ADMINISTRATIVE
BODIES IN THE PHILIPPINES
+ Administrative Bodies for + Administrative bodies for
regulation under Police regulation of public
Power utilities
Ex. Commission on Immigration and
Ex. National Telecommunications
Deportation, Securities and Exchange
Commission, Board of Energy, Land
Commission, Professional Regulations
Transportation Office, Board of Marine
Commission
Inquiry, Civil Aeronautics Board

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CLASSES OF ADMINISTRATIVE
BODIES IN THE PHILIPPINES
+ Administrative Bodies to + Administrative bodies that
carry on governmental adjudicates and decides
functions industrial controversies
Ex. Bureau of Internal Revenue, Bureau of
Ex. National Labor Relations Commission,
Customs, Civil Service Commission,
Philippine Overseas Employment
Bureau of Lands, Land Registration
Adjudication Office
Authority

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CLASSES OF ADMINISTRATIVE
BODIES IN THE PHILIPPINES
+ Administrative Bodies
making the government a
private party
Ex. Commission on Audit, Social Security
System
+ Administrative bodies that
grant privileges
Ex. Philippine Veterans Affairs Office,
Board of Pardons and Parole, Bureau of
Lands, Land Transportation and
Franchising Regulatory Board
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CLASSES OF ADMINISTRATIVE
BODIES IN THE PHILIPPINES
+ Administrative Bodies that
assist Local Government
Units
Ex. Metro Manila Development Authority,
Partido Development Authority

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ADMINISTRATION DEFINED
+ Administration is to be + Administration, as it is
found in all the presently understood,
manifestation of executive refers to the aggregate of
action. those persons in whose
hands the reigns of
government are for the
time being.

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TWO ASPECTS OF
ADMINISTRATION
+ INTERNAL ADMINISTRATION. This includes the
legal structure or organization of public administration
and the legal aspects of each institutional activity (i.e.,
personnel, material, physical and planning activities

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TWO ASPECTS OF
ADMINISTRATION
+ EXTERNAL ADMINISTRATION. This is
concerned with the problems of administrative
regulations or the exercise of power for carrying out the
ends for which such powers were delegated.

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ADMINISTRATION AND POLITICS
+ ADMINISTRATION has + POLITICS has something
something to do with the to do with policies or
execution of the policies of expressions of the state’s
the state. Execution is will.
entrusted to the body of
officers, called
administrative officers.

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ADMINISTRATION AND LAW
+ ADMINISTRATION + LAW operates by redress
achieves public security by or punishment rather than
preventive measures. by prevention.

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 ADMINISTRATION AS AN
ORGANIZATION AND + ADMINISTRATION AS
+ GOVERNMENT
ADMINISTRATION AS GOVERNMENT As an
ORGANIZATION refers element of the state, “that
to that group or aggregate institution or aggregate of
of persons in whose hands, institution by which an
the reigns of the independent society makes and
government are for the carries out those rules
time being. necessary to enable man to live
in a social state

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WEAKNESSES OF ADMINISTRATIVE
ACTION
1. Tendency toward arbitrariness.
2. Lack of legal knowledge and attitude in sound judicial technique.
3. Susceptibility to political bias or pressure.
4. A disregard for the safeguards that insure a full and fair hearing.
5. Absence of standard rules of procedure suitable to the activities of
each agency;
6. A dangerous combination of legislative, executive and judicial
functions.

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ASSIGNMENT:

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Thanks!
Any questions?
You can find me at:
+ @username
+ user@mail.me

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