CONSTITUTIONAL LAW REVIEW

A. GENERAL PRINCIPLES
Administrative law
Is that branch of modern law under which the executive department
of government, acting in a quasi-legislative or quasi-judicial capacity,
interferes with the conduct of an individual for the purpose of
promoting the well-being of the community, as under laws regulating
public interest, professions, trades and callings, rates and prices, laws
for the protection of public health and safety, and the promotion of
public convenience. (Dean Roscoe Pound)
Scope of Administrative Law
1. Fixes the administrative operation and structure of the government;
2. Executes or enforces that which is entrusted to administrative
authorities;
3. Governs public officers;
4. Creates administrative officers;
5. Provides the remedies to those aggrieved by these agencies;
6. Governs judicial review;
7. Includes rules, regulation, orders and decisions made by administrative
authorities
8. Includes the body of judicial/doctrines on any of the above
Kinds of Administrative Law
1. Statutes setting up administrative authorities;
2. Body of doctrines and decisions dealing with the creation, operation,
and effect of determinations and regulations of such administrative
authorities;
3. Rules, regulations, or orders of such administrative authorities in
pursuance of the purposes, for which administrative authorities were
created or endowed;
4. Determinations, decisions, and orders of such administrative
authorities in the settlement of controversies arising in their particular
fields.
B. CREATION OF ADMINISTRATIVE BODIES AND AGENCIES
What is an Administrative Agency?

It is an organ of government, other than a court and the legislature,

which affects the rights of private parties either through adjudication or
rule making.

Creation of Administrative Agency

They are created either by:
a. Constitutional provision;
CONSTITUTIONAL LAW REVIEW|ADMINISTRATIVE LAW / KRISTINE JOY G. DELOS SANTOS

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b. Legislative enactment;
c. Authority of law.

A body or agency is administrative where its function is primarily

regulatory even if it conducts hearings and determines controversies to
carry out its regulatory duty. On its rule-making authority, it is
administrative when it does not have discretion to determine what the
law shall be but merely prescribes details for the enforcement of the
law.

C.
1.
2.
3.

POWERS OF ADMINISTRATIVE BODIES

Quasi-legislative or rule-making power;
Quasi-judicial or adjudicatory power; and
Determinative powers.

Quasi-legislative power.
Is the power to make rules and regulations which results in delegated
legislation that is within the confines of the granting statute and the
doctrine of non-delegability and separation of powers. (Holy Spirit
Homeowners Association v. Secretary Defensor, G.R. No. 163980,
August 3, 2006)
Rules and regulations issued by administrative authorities pursuant to
the powers delegated to them have the force and effect of law; they
are binding on all persons subject to them, and the courts will take
judicial notice of them.
Kinds of Quasi-legislative power
1. Legislative regulation
2. Supplementary or detailed legislation which is intended to fill in the
details of the law and to make explicit what is only general.
3. Contingent legislation in which administrative agencies are allowed to
ascertain the existence of particular contingencies and on the basis
thereof
enforce or suspend the operation of a law.
4. Interpretative legislation rules and regulations construing or
interpreting the provisions of a statute to be enforced and binding on
all concerned until changed. They have the effect of law and are
entitled to great respect having in their favor the presumption of
legality. E.g. BIR circulars.
Requisites for the valid exercise of quasi-legislative power
CONSTITUTIONAL LAW REVIEW|ADMINISTRATIVE LAW / KRISTINE JOY G. DELOS SANTOS

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1. Promulgated in accordance with the prescribed procedure.

2. Reasonable.
3. Issued under Authority of law
4. Administrative regulations, issued for the purpose of implementing
existing law, pursuant to a valid delegation are included in the term
laws under Article 2, of the Civil Code and must therefore be
published in order to be effective.
5. It must be within the Scope and purview of the law.
6. Filing with the Office of the Administrative Register ((ONAR) of the
University of the Philippines Law Center.
Limitations on the exercise of quasi-legislative power
1. It must be within the limits of the powers granted to administrative
agencies.
2. Cannot make rules or regulations which are inconsistent with the
provision of the Constitution or statute.
3. Cannot defeat the purpose of the statute.
4. May not amend, alter, modify, supplant, enlarge, or limit the terms
of the statute.
5. A rule or regulation must be uniform in operation, reasonable and
not unfair or discriminatory.

CONSTITUTIONAL LAW REVIEW|ADMINISTRATIVE LAW / KRISTINE JOY G. DELOS SANTOS