Administrative Law

Define:
- It is a branch of public law which fixes the organization and determines the competence of
administrative authorities, and indicates the individual remedies for the violation of the rights.
(UST)
- The branch of public law which governs the organization, functions, and procedures of
administrative agencies of the government to which quasi-legislative powers are delegated and
quasi-judicial powers are granted, and the extent and manner to which such agencies are
subject to control by the courts.
Scope:
- The law which fixes the administrative organization and structure of the government
- The law which governs public officers, including their competence to act, rights, duties,
liabilities, election, and others.
- The law which creates administrative agencies, defines their powers and functions, prescribes
their procedures, including the adjudication or settlement by them of contested matters
involving private interests.
- The law which provides the remedies, administrative or judicial, available to those aggrieved by
administrative actions or decision.
- The law which governs judicial review of, or relief against, administrative actions or decisions.
- The rules, regulations, orders and decisions, including presidential proclamations made by
administrative authorities dealing with the interpretation and enforcement of the laws
entrusted to their administration
- The body of judicial decisions and doctrines dealing with any of the above.
Thus, administrative law embraces not only the law that governs administrative authorities, statues,
and judicial decisions that construe and apply them as well as appropriate principles of justice and
equity in particular cases, but also the law made by administrative authorities such as rules,
regulations, orders and decisions, whether of general or particular applicability.
- Meant all those public officers and organs of the government that are charged with the
amplification, application and execution of the law, but do not include, by virtue of the doctrine
of separation of powers, Congress and the regular courts.
Concerns:
1. Private rights the chief concern of administrative law is the protection of private rights, and its
subject matter is, therefore, the nature and the mode of exercise of administrative power and
the system of relief against administrative action.

2. Delegated powers and combined powers concerned with the officers and agencies exercising
delegated powers and not with the exercise of the constitutional powers of the President.
Reasons:
1. To help unclog court dockets
2. To meet the growing complexities of modern society.
3. To help in the regulation of ramified activities of a developing country.
4. To entrust to specialized agencies the task of dealing with problems as they have the
experience, expertise, and power of dispatch to provide solution thereto.
As distinguished from Constitutional Law
1. Constitutional law prescribes the general plan or framework of governmental organization,
while administrative law gives and carries out this plan in its minutest detail.
2. Constitutional law treats of the rights of the individual, while administrative law treats them
from the standpoint of the powers of the government;
3. Constitutional law prescribes limitations on the powers of the government to protect the rights
of individuals against abuse in their exercise, while administrative law indicates to individuals,
remedies for the violation of their rights.
Classification:
1. As to its source
a. The law that controls administrative authorities this group belongs the
i. Constitution,
ii. Statutes
iii. Judicial decisions
iv. Executive orders of the President
v. Administrative Orders of Administrative Superiors giving directions to
administrative subordinates
b. The law made by administrative authorities it includes both general regulations and
particular determinations. Examples are presidential proclamations issued under the
flexible-tariff clause, the rules of practice and decisions of administrative tribunals.
2. As to its purpose
a. Adjective or procedural administrative law it establishes the procedure which an
agency must or may follow in the pursuit of its legal purpose.
b. Substantive Administrative law it is derived from sources such as constitution, statutes
and judicial decisions, but its contents are different in the sense that, it establishes
primary rights and duties.
3. As to its applicability
a. General administrative law part of administrative law which is of a general nature and
common to all, or most, administrative agencies. It includes but not limited to:
i. The mandate of the Constitution that there must be due process of law;
ii. The establishment of the doctrine of exhaustion of administrative remedies;
iii. Provides for judicial review
b. Special or particular administrative law pertains to particular agencies which proceed
from the particular statute creating the individual agency. Like for example the laws
regulating immigration.
Criticisms against administrative action
1. Tendency towards arbitrariness
2. Lack of legal knowledge and aptitude in sound judicial technique
3. Susceptibility to political bias or pressure, often brought about by uncertainty of tenure
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

Administration of government distinguished from administration of justice
1. Charge with the administration of government are called administrative officers while
administration of justice are called judicial officers
2. The work done by judicial officers have to do with the determination of what is applicable law to
the facts brought before them while administrative officers must determine what is the law, and
whether they are competent to act
Administration distinguished from government
The former refers to the aggregate of those persons in whose hands the reins of the government are
entrusted by the people for the time being while the latter is the institution or aggregate institutions of
authorities which rule a society.
Administrative agency refers to any of the various units of the government, including a department,
bureau, office, instrumentality, or GOCC, or a local government or a distinct unit therein.
Administrative agency or body and court distinguished
1. The former is generally large organizations who are staffed by men who are deemed to become
something of experts in their particular field, while the latter are presided by one or more jurists
learned in the law.
2. The first performs a variety of functions, while the second has only one function that is judicial.
3. The first uses a varying degree of discretion while the second is more or less governed by fixed
rules in arriving at its decisions.


Types of administrative agencies
1. Those created to function in situations wherein the government is offering some gratuity, grant
or special privilege. PVA, GSIS, SSS, PAO
2. Those created to function in situations wherein the government is seeking to carry on certain
functions of the government. BIR, BOC, BID, LRA
3. Those created to function wherein the government is performing some business service for the
public. PPC, PNR, MWSS, NEA, NFA, NHA
4. Those set up to function wherein the government is seeking to regulate businesses affected with
public interest. IC, LTFRB, ERB, NTC, HLURB
5. Those created to function wherein the government is seeking under the police power to
regulate private businesses and individuals. SEC, GAB, MTRCB, DDB
6. Those set up to function wherein the government is seeking to adjust individual controversies
because of some strong social policy involved. NLRC, ECC, SEC, DAR

Express and Implied powers
It is fundamental rule that an administrative agency has only such powers as are expressly granted to it
by law, it is likewise the rule that it has also such powers as are necessarily implied in the exercise of its
express powers. Accordingly, where a general power is conferred or duty is enjoined by law, every
particular power necessary for the exercise of one or the performance of the other is also conferred.
An administrative agency has no inherent powers, although implied powers may sometimes be spoken
of as inherent.

Powers of Administrative Agencies classified
As to Nature
1. Investigatory power
a. Which includes the power to inspect records and premises
b. Investigate the activities of persons or entities coming under its jurisdiction
c. To secure or to require the disclosure of information of witnesses, production of documents,
It is limited only to what has been prescribed of the statute conferring such investigatory power.
It cannot exercise its power to punish a person for contempt in the absence of any statutory grant,
for such power is inherently judicial in nature.
2. Quasi-legislative or rule-making power to make rules and regulations, in practical effect to
make law.
The power of subordinate legislation conferred upon administrative agencies is permitted in
order to adapt to the increasing complexity of modern life and variety of public functions.
Hence, the specialization even in legislation has become necessary. With this authority, an
administrative body may implement broad policies laid down in a statute by filling in the
details which the Legislature may neither has time nor competence to provide.

For it to be valid:
a. The statute is complete in itself, setting forth the policy to be executed by the
agency.
b. Fixes a standard, mapping out the boundaries of the agencys authority to which it
must conform.
A valid rule or regulation duly promulgated by an administrative agency has the force and effect
of law and is binding on the agency and on all those dealing with the agency.
Limitations
a. It may not make rules and regulations which are inconsistent with the provisions of the
Constitution or a statute, particularly the statute it is administering or which created it,
or which are in derogation of, or defeat, the purpose of a statute.
b. It may not, by its rules and regulations,
i. Amend
ii. Alter
iii. Modify
iv. Supplant
v. Enlarge or expand
vi. Restrict or limit
the provisions or coverage of the statute.
c. In case of conflict between the administrative rules or regulations and the statute, the
latter prevails based in the clich that the spring cannot rise above its source.
d. The rule or regulation should be uniform in operation, reasonable, and not unfair or
discriminatory.
Rules are in the form of quasi-legislative function to make, repeal, or amend its rules.
Regulations are in the form of quasi-judicial function to interpret the rules, application of
what is the law or in the nature of an interpretative regulation only.
Rulings are said to partake somewhat of the characteristics of individual case decisions, of
interpretations, of advisory or advance opinions, and of implementation of the statutes and
the regulations themselves.

Kinds of Rule-Making
Rule Making Power
a. Supplementary or detailed legislation or rule-making by reason of particular
delegation of authority
b. Interpretative legislation or rule making by the construction and interpretation
of a statute being administered.
c. Contingent legislation or determination, under delegated power, whether a
statute shall go into effect.

Ordinance power of the President:
a. Executive Orders acts providing for rules of a general or permanent character
b. Administrative Orders acts which relate to particular aspects of governmental
operations
c. Proclamations fixing a date or declaring a status or condition of public moment or
interest
d. Memorandum Orders acts on matters of administrative detail or of subordinate or
temporary interest which concern only a particular officer
e. Memorandum Circulars matters relating to internal administration
f. General or special orders commands in his capacity as commander in chief of the
AFP
Requisites for validity of administrative rules and regulations
1. Must have been issued on the authority of law
2. Not contrary to law and the Constitution
3. Must be promulgated in accordance with the prescribed procedure
Principles of Administrative Construction
1. It is the intention with which the rule or regulation was adopted which is controlling. In
ascertaining the true meaning of an administrative rule or regulation, the purpose may be
considered or by expressio unios est exclusio alterius.
2. A construction that will, if possible, sustain its validity, because of the presumption that the
Congress had primarily considered the statutes involved.
3. Administrative regulation which provides punishment should be strictly construed, but not
be construed so strictly as to defeat the obvious intention with which it was adopted.
4. Where the rule is clear and unambiguous, it does not admit of judicial interpretation.

Formal requirements on the promulgation of rules and regulations.
The Administrative Code of 1987 contains the following provisions:
Sec. 3. Filing
1. Every agency shall filed with the University of the Philippines Law Center three (3) certified
copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which
are not filed within three (3) months from that date shall not thereafter be subject to any
sanction against any party or persons.
Section 4. Effectiviy In addition to other rule-making requirements provided by law not
inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing
as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent
danger to public health, safety and welfare, the existence of which must be expressed in a
statement accompanying the rule.
Section 8. Judicial Notice- The court shall take judicial notice of the certified copy of each rule duly
filed or as published in the bulletin or the codified rules.
Requirements of notice and hearing or publication
1. Where rules do not apply to named or specified parties Where a function which is legislative in
nature, rather than a judicial function, is delegated to an administrative agency, the legislature
need not require a notice or hearing as a prerequisite to the act of the administrative agency,
since the legislature could itself have performed that act without notice or hearing. Particularly,
rules of general application, or procedural in nature, or are no more than administrative
interpretations.
2. Where rules apply to named or specified partie rules and/or rates apply exclusively to a
particular party and are predicated upon a finding of fact, and the agency performs a function
partaking of a quasi-judicial character the valid exercise of which demands a previous notice and
hearing to satisfy the requirement of due process.
3. Where requirements prescribed by law. notices of proposed rules must be given when
required by law
4. Where rules have the force and effect of a law- when the issuances are of general
applicability, publication in the Official Gazette or in a newspaper of general circulation in the
Philippines is necessary as a requirement of due process.
If the purpose is to enforce or implement existing laws pursuant to a valid delegation,
publication is necessary. And the publication must be in full or no publication at all since its
purpose is to inform the public of the contents thereof.
5. Where regulations merely interpretative and those internal in nature regulating only the
personnel of the administrative agency and not the public, need not be published.


3. Quasi-judicial or adjudicatory powers