Administration law: text and cases by atty.

Hector Deleon
INTRODUCTION

|Behttina kim M. Barrios|2013|

g. Body of judicial decisions and doctrines dealing with any of the above Administrative authorities - all those public officers and organs of the government that are charged with the amplification, application and execution of law.

Concept of administrative law It belongs to the field of public law (which includes constitutional law, criminal law and international law. It is the entire system of law which the machinery of the state works and by which the state performs all government acts. Thus it embraces all the laws that regulate or control the administrative organization and operations of the government including the legislative and judicial branches. Better definition : ( dean roscoe pound) The 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.

Concerns of administrative law 1. PRIVATE RIGHTS - Chief concern: Protection of private right and its subject matter is the nature and the mode of exercise of administrative power. 2. DELEGATED POWERS AND COMBINED POWERS admin. Law if generally concerned with officer and agencies exercising delegated powers. It is concerned with the fusion of different types of governmental powers in certain public officer which are part of the executive branch

Scope of administrative law a. The law which fixes the administrative organization and structure of the government b. The law, the execution and enforcement of which is entrusted to the administrative authorities c. The law which governs the public officers including their competence, rights, duties and liabilities d. The law which creates administrative agencies, defines their powers and functions, prescribe their procedure e. The law which provides remedies, administrative or judicial by administrative decisions or actions f. Interpretation and enforcement of the laws entrusted to their administration.

Distinguished from international law

ADMINISTRATIVE LAW lays down rules which shall guide the officers of the administration in their actions as agents of the government

INTERNATIONAL LAW It cannot be regarded as binding upon the officers of any government considered in their relation to their own government except insofar as it has been adopted into admin law of the state

Administration law: text and cases by atty. Hector Deleon

|Behttina kim M. Barrios|2013|

Principal subdivision of administrative law Distinguished from constitutional law ADMINISTRATIVE LAW gives and carries out plan in its minutes detail Treats the rights in the standpoint of the powers of the government and emphasize the duties of the citizens Indicates to individuals, remedies for the violation of their rights CONSTITUTIONAL LAW Prescribes the general plan or framework of governmental organization Treats the rights of the individual 1. the law of internal administration it treats of the legal relation between the government and its administrative officers, and of legal relations that one administrative officer or organ bears to another. - it considers the legal aspect of public administration on its institutional side (pg. 7) 2. The law of external administration - it concerns with the legal relations between administrative authorities and private interests. CRIMINAL LAW Consists really of body of penal sanctions which are applied to all branches of the law, including admin law Survey of those powers and duties of administrative authorities that relate directly to private interests. Analysis of scope and limits of such powers. Account of the sanctions attached to, or the means of enforcing, official determination. an examination of the remedies against official action.

Prescribes the limitations on the powers of the government to protect the rights of individuals

Distinguished from criminal law ADMINISTRATIVE LAW Penal sanctions are used to enforce the rules of administrative law

Classification of administrative law I. AS TO ITS SOURCE. a. the law that controls administrative authorities constitution, statutes, judicial decisions, EO of the president and the AO of administrative superiors giving directions to administrative subordinates b. the law made by administrative authorities Includes presidential proclamation, rules of practice and decisions of administrative tribunals etc.

Distinguished from law of public administration ADMINISTRATIVE LAW Subject matter of admin law is public administration. The true filed of admin law is the external aspect of the public administration. PUBLIC ADMINISTRARTION Has to do with the practical management and direction of the various organs of the state and the execution of state policies by the executive officers entrusted with such functions

Administration law: text and cases by atty. Hector Deleon

|Behttina kim M. Barrios|2013|

origin and development of administrative law II. AS TO ITS PURPOSE a. Adjective or procedural administrative law It establishes the procedure which an agency or must or may follow in the pursuit of its legal purpose. Derived from constitution or statute b. Substantive administrative law The law establishes primary rights and duties, such as the conditions under which the broadcaster may operate or labor practices in which employers and unions must not indulge. AS TO ITS APPLICABILITY a. General administrative law It includes such provisions which interpret the mandate of the constitution that there must be 'a due process of law'; that which established the exhaustion of administrative remedies etc. b. special or particular administrative law That part of admin law that pertains to particular agencies. It proceeds from the particular statute creating individual agency and thus, has little or no application, except in connection with such agency *case Admin law is not one of the traditionally recognized parts of the law, such for example criminal law, the common law r equity. Only with the rapid expansion of the administrative agencies and their increased functions that a substantial body of jurisprudence has develop in the field and general recognition has been given As modern life became complex, the subjects of government regulation correspondingly increased, which in turn cause the multiplication of government function, necessitating an enormous expansion of public administration And so the legislature has tom create more administrative agencies, bodies or board specialized in the particular field assigned to them and to which the legislature and the court were found not to be equipped to administer properly and efficiently. Admin law has developed in response to the need for broad social or governmental control over complex conditions and activities which in their detail cannot be dealt with directly in an effective manner by legislature or the judiciary. The issues with which it deals ought to be decided by experts, and not by a judge, at least not in first instance, or until the facts have been sifted and arranged. Administrative agencies: with their extensive investigation, rulemaking , and adjudicating powers, these administrative agencies represent a provocative fusion of different powers of the government . They are vested with power to promulgate rules and regulations to better carry out some legislative policies, and to decide on controversies within the scope of their activities.

III.

Administration law: text and cases by atty. Hector Deleon

Advantages of administrative process Administrative process - includes the whole of the series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in particular situations. Administrative adjudication insures greater uniformity impersonality of actions Congress resorted to administrative process as an alternative to executive action not only in the matter of benefits ( social security, patents etc0 but also in the field of tax administration, labor relation and others The desire for more effective and preventives remedies has been a factor in the creation of many administrative agencies. Limitations of congress as to time, specialized knowledge, lack of staff for securing expert information, the complexity of problem etc. if congress failed to delegate powers, it might lose itself I details to the detriment of its indispensable functions. The admin agencies have the time and facilities to become more continuously informed and they can be given unified responsibility for effectuating the broad policies laid down by congress.

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Accommodate the administrative process to the traditional judicial system - To accommodate private rights and the public interest in the powers reposed in administrative agencies - To reconcile in the field of administrative action, democratic safeguards and standards of fair play with the conduct of government. AIM OF THE COURT - To maintain the constitution by seeing that powers are not unlawfully vested in administrative agencies but without abdicating their judicial responsibility - Not to usurp or unwarrantedly limit the powers and functions lawfully vested in them, or interfere with the proper exercise of their valid powers

Administration of government distinguished from administration of justice ADMINISTRATIVE OFFICERS - charged with the administration of government JUDICIAL OFFICERS- charged with administration of justice

Relation between administrative agencies and courts They must be considered as collaborative instrumentalities of justice. - Courts may entertain action brought before them, but call to their aid the appropriate administrative agency on questions within its administrative competence. ROLE OF COURT

ADMINISTRATION OF GOVERNMENT Not necessarily, or even often, the result of any controversy and is not merely dependent on the solution of the question "what is law" but made also as a result of consideration of expediency.

ADMINISTRATION OF JUSTICE Work done consists in the decisions of controversies between individuals and the government officers, as to the applicability in the cases in questions of a particular rule of law

Administration law: text and cases by atty. Hector Deleon

|Behttina kim M. Barrios|2013|

Administration as a separate power 1) AS A FUNCTION ADMINISTRATION is the execution, in non-judicial matters, of the law or will of the state as expressed by the competent authority. It is the activity of the executive officers of the government. Legislation consists in laying down laws or rules for the future. Administration therefore, had to do with the carrying of laws into effect . 2) AS AN ORGANIZATION ADMINISTRATION- it is popularly the most important administrative authorities. It is that group or aggregate of persons in whose hands the rein of government are for the time being. It is the entire administrative organization extending from the chief executive down to its humble subordinates.

Administration as an organization distinguished from government GOVERNMENT it is the institution or aggregate of institution by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a civilized state. Government is that aggregate of authorities which rule a society

ADMINISTRATION refers to that aggregate of those persons in whose hands the rein of government are entrusted by the people for the time being.

Administration law: text and cases by atty. Hector Deleon

|Behttina kim M. Barrios|2013|