Professional Documents
Culture Documents
CHAPTER I
INTRODUCTION
ADMINISTRATIVE LAW
1. The entire system of laws under which the machinery of the State
works and by which the State performs all government acts
2. The law which provides the structure of government and
prescribes its procedure; the law which controls or is intended to
control the administrative operations of the government; the law of
governmental administration
3. That part of public law which fixes the organization and
determines the competence of the administrative authorities, and
indicates to the individual, remedies for the violation of his rights
4.a. That branch of modern law under which the executive
department of government acting in a quasi-legislative or quasijudicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community, as under laws
regulating public corporations, business affected with a public
interest, professions, trades and callings, rates and prices, laws for
the protection of the public health and safety and the promotion of
the public convenience and advantage
4.b. That system of legal principles to settle the conflicting claims of
executive and administrative authority on the one hand and of
individual or private rights on the other
4.c. The law concerning the powers and procedures of administrative
agencies including specially the law governing judicial review of
administrative action
5. That part of the 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
ADMINISTRATIVE AUTHORITIES
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 the separation of
powers, Congress and the regular courts.
ELEMENTS OF ADMINISTRATIVE LAW (Pound Definition)
1. Branch of Public Law
2. Executive Department
3. Quasi-Legislative & Quasi-Judicial Capacity
4. Interferes with Conduct of Individual
5. Promotion of Well-being of the community
ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW
1. RECOGNITION AS DISTINCT CATEGORY OF LAW
Under the Anglo-American system, administrative law is not one of
the traditionally recognized parts of the law. However, it is only in the
last few decades with the rapid expansion of administrative agencies
and their increased functions that a substantial body of jurisprudence
has developed in the field and general recognition has been given to
administrative law as a distinct category of law
2. MULTIPLICATION OF GOVERNMENT FUNCTIONS
Originally, the government had but few functions as there were but
few activities to regulate and control. But as modern life became
more complex, the subjects of government regulations
correspondingly increased, which, in turn caused a multiplication of
government functions, necessitating an enormous expansion of
public administration. And so the legislature had to create more and
more administrative bodies, boards or tribunals specialized in the
particular fields assigned to them and to which the legislature and
the courts were found out not to be equipped to administer properly
and efficiently
3. GROWTH AND UTILIZATION OF ADMINISTRATIVE AGENCIES
Administrative law developed as the natural accompaniment of the
growth of administrative agencies and their utilization in response to
the needs of a changing society
ADVANTAGES
DISADVANTAGES
Not restricted/governed by
technical rules and procedures
- dispose cases more
expeditiously, which then
prevents an influx of cases to
regular courts
Flexibility
Dangerous combination of
CHAPTER II
NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES
ADMINISTRATIVE AGENCY
The term used generally to describe an agency exercising some
significant combination of executive, legislative, and judicial powers.
It is a government body charged with administering and
implementing particular legislation
(1) It covers boards, commissions, divisions, bureaus, and
departments, and the somewhat less familiar designations of office
and authority
(2) The term is usually employed to denote the functionaries with
which administrative law is concerned
NATURE OF ADMINISTRATIVE AGENCIES
To a large extent, the status and character of administrative
agencies depend on the terms of the constitutional or statutory
provisions creating them and the powers, rights, duties, liabilities, or
functions conferred on them.
1. AS PUBLIC OR GOVERNMENTAL AGENCIES
While their exact status and character are thus variable, generally
they may be said to be agencies of the state or government
(A) They represent no private interests of their own
(B) They have authority to act with the sanction of the
government
(C) They form the agency take, or the function it performs is not
determinative of the question whether it is an agency,
although it may be significant with respect to other related
questions
2. AS JUDICIAL BODIES OR COURTS
Administrative agencies are not courts or part of the judicial system
in a strict sense
(A) The mere fact that a statute setting up a commission and the
rules of procedure adopted by such commission provide a
mode of procedure conforming in many respects to the
regular practice of courts, or the fact that the commission
possesses and exercises certain powers and functions
ADMINISTRATIVE ORGANIZATION
The administrative structure of the government including its political
subdivisions and the allocation of powers, functions, and duties to its
various units or agencies
A. TRADITIONAL BRANCHES
1. Congress Legislative Power
2. President Executive Power
3. Supreme Court, and in such lower courts as may be established
by law Judicial Power
CHAPTER 3
POWERS & FUNCTIONS
FUNCTION
That which one is bound to do
(e.g. regulate public transport system by LTFRB)
POWER
Means by which a function is fulfilled
(e.g. adjudicatory and rule-making powers)
SOURCES OF FUNCTIONS AND POWERS
1. Constitution Powers & Functions are defined in the constitution
(e.g. Constitutional Commissions; Art. 9)
2. Legislation left and defined by legislation
(e.g. NBI[RA157]; June 19, 1947)
3. Constitution & Legislation
(e.g. Ombudsman; Art. 9, Sec. 5 of the 1987 Constitution as well as
RA 6770, Nov. 17, 1989)
SCOPE OF POWERS
1. Administrative Officers have only such powers as are expressly
granted them by the statute and those necessarily implied in the
exercise thereof.
CASE: Makati Stock Exchange vs SEC (14 SCRA 620)
INVESTIGATORY POWERS
a. power to carry out a systematic or formal inquiry
b. on violation of laws
c. and to gather information on proposed legislation
JUDICIAL FUNCTION
a. power to adjudicate
b. upon rights and obligations of parties
JUDICIAL DISCRETION
a. power to evaluate evidence submitted to it
b. on the facts and circumstances presented
SCOPE
EXTENT
CASE
Initiation of
Investigation
(examine,
explore, inquire)
On complaint
or own
motion
Villaluz vs
Zaldivar
(15 SCRA
710)
Conduct of
Investigation
(audit, physical
investigation,
monitor)
May be held
in private
Ruiz vs
Drilon
(209 SCRA
695)
Informationgathering
CHR
NBI
Prosecution
Purposes
Public
Prosecutors
Office
Ombudsman
Aid to other
powers
SEC
Secretary
of Justice
vs Lantion
RATIO
Power of control
of President may
extend to power
to investigate,
suspend or
remove officers
and employees
who belong to the
executive
department
(presidential
appointees)
Respondent in
administrative
case is not
entitled to be
informed of the
findings &
recommendations
of investigating
committee
Due process
rights of notice
and hearing may
be invoked at
evaluation stage
of extradition
proceedings
Note: Sec. of
Justice vs Lantion
is an exemption
because of its
peculiarity
Pefianco vs
Moral
Inspection &
Examination
(routine
inspection for
enforcement of
regulations)
No search
warrant
required;
conduct
inspection
during
reasonable
hours
Camara vs
Municipal
Court
(387 US
523)
Salazar vs
Achacoso
Respondent in
administrative
case is not
entitled to be
informed of the
findings &
recommendations
of investigating
committee
There was no
emergency
demanding
immediate
access. Yet no
warrant was
obtained
No search wrrant
is required but
inspection must
be conducted
during
reasonable hours
Art. 38 of the
Labor Code
which grants the
Secretary of
Labor authority to
issue orders of
arrest, search
and seizure, is
unconstitutional
because the
Secretary is not a
judge
Probable cause
must be
determined
personally by the
Accounts,
Records,
Reports or
Statements
Attendance of
witnesses
Access to
documents of
person being
investigated
No inherent
power to:
a) require
attendance
b) put under
oath; require
to testify
(witnesses)
Catura vs
CIR
Evangelista
vs Jarencio
judge
1. Documents
required to be
produced
constitutes
evidence of most
solid character as
to whether or not
there was failure
to comply with
mandates of the
law
2. Accounts,
Records,
Reports, or
Statements may
be required to be
delivered &
deposited with
administrative
body at the
hearing
1. Subpoena is
within legal
competence of
PARGO to issue
pursuant to
EO4(5) which
empowered it to
summon
witnesses...
relevant to the
investigation
2. It is common
for statute to
confer such
powers on
Administrative
Hearing
(Procedures for
Conduct)
Contempt
Proceedings
(Failing to
appear/Refusing
to produce
document when
required)
May be held
but not
necessary
part of
investigation
Requisites:
1. Statutory
grant
2. AA is
performing
quasi-judicial
functions
OCA vs
Canque
Carmelo vs
Ramos
(Sec. 580
of RAC)
Agencies
In Administrative
Agencies,
formal/trial type
hearing is not
required
Power to punish
contempt must be
expressly granted
to Administrative
Body
*Comparative
analysis of Bedol
case and
Masangcay case
Bedol vs
COMELEC
Masangcay
vs
COMELEC
Rules of
Procedure and
Evidence
Administrative
Agencies are
given wide
latitude
Angtibay vs
CIR
When COMELEC
exercises
ministerial
function, it cannot
exercise the
power to punish
contempt
because such
power is
inherently judicial
in nature
Technical Rules
of procedure and
evidence are not
strictly applied in
administrative
proceedings
Gaoiran vs
Alcala
10