ADMINISTRATIVE AND

ELECTION LAWS
BY: ATTY. RAUL B. MARIFOSQUE

CONCEPT OF ADMINISTRATIVE LAW

Belong to the field of public law, which includes Constitutional Law, Criminal Law,
and International Law.

It has been defined in its widest sense as the entire system of laws under which
the machinery of the state works and by which the state perform all government acts, it
thus mean to embrace all laws that regulate or control the administrative organization
and operations of the government including the legislative and judicial branches.

SCOPE OF ADMINISTRATIVE LAW

(A) The law which fixes the administrative organization and structure of
government
(B) The law which governs public officers, including their competence (to act)
rights, duties, liabilities, election, etc.
(C) The law, the execution or enforcement of which is entrusted to administrative
authorities. 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 interest.
(D) 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 interest.
(E) 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
and
(F) The body of judicial decisions and doctrine dealing with any of the above.

(cited in the book of Administrative Law , De Leon, De Leon Jr.)

ADMINISTRATIVE AGENCY
Are 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 board, commissions, divisions, bureaus and departments, and

somewhat less familiar designations of office and authority. Some
commentators assert that their administrative is a fourth power of government,
since viewed from the stand point of any particular act of the agency, it is either
executive or in the narrowest sense, administrative or legislative or judicial, or to
distinguish it from agencies which are purely or essentially legislative or judicial, it
is quasi- legislative or quasi judicial. (The Presidential Anti- Dollar Salting Task
Force vs. CA 171 SCRA 348)
(2) The term is usually employ to denote the functionaries with which administrative
Law is concerned, although sometimes the term used is administrator or
administrative body, and quite often, in regard to an adjudicative function, the
term Administrative Tribunal. A single office (e.g. President) is also embraced in
the term.
(3) Under the administrative code of 1987, the term agency of the government is
used to refer to any of the various units of the government including a
department, bureau, office, instrumentality or government owned or controlled
corporation or a local government or a distinct unit therein. It is a national agency
if it refers to a unit of the national government. Local agency refers to local
government or a district unit.

TYPES OF ADMINISTRATIVE AGENCIES

The common types of administrative agencies have been classified according to
purposes:

(1) Those created to function in situations wherein government is offering some

gratuity, grant or special privilege. Ex: PVA, GSIS, SSS, PAO.
(2) Those set up to function in situations wherein the government is seeking to carry
on certain functions of government. Ex: BIR, BOC, BID, LRA.
(3) Those set up to function in situations wherein the government is performing
some business service for the public. Ex: PNR, Philippine Postal Corporation,
MWSS, NEA, NFA and NHA, etc.
 (4) Those set up to function in situations wherein the government is seeking to
regulate businesses affected with public interest. Ex: Insurance Commission,
Bureau of Air Transportation, LTFRB, ERB, Bureau of Mines and Geo- Sciences,
NTC, HLURB.
(5) Those set up to function in situations wherein the government is seeking under
the police power to regulate private businesses and individuals. Ex: SEC,
MTRCB, GAB, DDB.
(6) Those agencies set up to function in situations wherein the government is
seeking to adjust individual controversies because of some strong social policy
involved. Ex: NLRC, ECC, SSS, SEC, DAR, COA.

ADMINISTRATIVE ORGANIZATION
Refers to the administrative structure of the government including its political
subdivisions and the allocation of powers, functions, and duties to its various units or
agencies.

(1) Traditional Branches (powers)

(A) Legislative
(B) Executive
(C) Judicial

Under the Doctrine of Political Agency which recognizes the establishment of a

single executive, all executive and administrative organizations are adjuncts of the
executive department, the heads of the various executive department are assistants
and agents of the chief executive, and except in cases where the chief executive is
required by the constitution, or law to act in person or the exigencies of the situation
demand that he act personally, the multifarious executive and administrative functions
of the chief executive are performed by and through the executive departments and the
acts of the Secretaries of such departments, performed and promulgated in the regular
course of business, are unless disapproved or reprobated by the chief executive
presumptively the acts of the chief executive. (Joson vs. Executive Secretary 290 SCRA
279)

This doctrine is corollary to the control power provided under Art. VII Sec. 17 of
the Constitution.

(2) Special Bodies or Agencies thru Constitutional Commissions created by the

Constitution.
POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

SOURCE OF POWERS

It does not always come from a single source. Aside from the instances in which
an administrative agency is created and empowered by a provision of the constitution.
The source of the powers of administrative agencies lies in statutes under which they
claim to act. (Hijo Plantations Inc vs Central Bank 168 SCRA 192).

Failure to exercise powers granted to administrative agencies does not forfeit or

extinguish them. (Globe Wireless LTD vs. Public Service Commission 147 SCRA 269)

SCOPE OF POWERS

(1) Express and Implied

(2) Inherent
It has no inherent powers although implied powers may sometimes be
spoken as inherent.
(3) Quasi- Judicial

POWERS OF ADMINISTRATIVE BODIES

(1) Quasi- Legislative or rule- making power.

- This is the exercise of delegated legislative power, involving no discretion
as to what the law shall, but merely the authority to fix the details in the
execution or enforcement of a policy set out in the law itself. (Holy Spirit
Homeowners Association vs. Secretary Defensor August 3, 2006)

The Supreme Court said that 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- delegabilty and
separation of powers.

(2) Quasi- judicial or adjusticatory powers.

(A) Proceedings partake of the character of judicial proceedings ,
administrative body is normally granted the authority to promulgate its
own rules of procedure, provided they do not increase, diminish or
modify substantive rights and subjects to disapproval by the Supreme
 Court. (Sec. 5 (5) Art. VIII Constitution). The requisites of procedural
due process must be compiled with.
(B) Administrative due process requirements as enumerated in Ang Tibay
vs. CIR 40 O.G. 7th Supp 129.

CASES (ADMIN DUE PROCESS)

(A) SPO1 Leonardo Aguzar vs. Apolonio Jorolan April 7, 2010.

(B) Ute Paterok vs. Bureau of Customs 193 SCRA 132.
(C) Gonzales vs. NLRC and Ateneo de Davao University August 26, 1999.
(D) Secretary of Justice vs. Lantion January 18, 2000.
(E) Clarita Carbonell vs. Civil Service Commission September 7, 2010
(F) Dela Cruz vs. Abille February 26, 2001
(G) Ray Peter VIVO vs. PAGCOR November 12, 203.

(3) Determinative Powers

(A) Enabling - to permit or allow something which the law undertakes to

regulate. ex. Grant or denial of licenses to engage in a particular business.

(B) Directing illustrated by the power of assessment of the BIR or the

Bureau of Customs.

(C) Dispensing to exempt from a general prohibition, or relieve an

individual or corporation from an affirmative duty. Ex. Authority of
zoning boards to vary provisions of zoning ordinances or the authority
of the acceptance Board of the Philippine Army.
(D) Examining also called the investigatory power, consists in requiring
production of books, papers, etc. the attendance of witnesses and
compelling their testimony.
Cases:
(1) Guevara vs. COMELEC 104 Phil. 268
(2) Masankay vs. COMELEC 6 SCRA 27
(3) Carino vs. CHR 04 SCRA 483
EXHAUSTION OF ADMINISTRATIVE REMEDIES
The Doctrine whenever there is an available administrative remedy provided by
law, no judicial recourse can be made until all such remedies have been availed of and
exhausted.

Cases :

(A) Aquino vs. Mariano 129 SCRA 532.

(B) National Dev. Company vs. Hervitta 151 SCRA 200
(C) Union Bank vs. CA 290 SCRA 198

The premature invocation of the intervention of the court is fatal to ones cause of
action. (Mark James Magalang vs. PAGCOR December 11, 2013)

CASES ON REASONS FOR EXHAUSTION OF ADMIN REMEDIES

(A) Bangus Fry Fisher Folk vs. Lanzanas July 10, 2003
(B) Bernardo vs. Abalos December 5, 2001
(C) Lopez vs. City of Manila February 19, 1999
(D) Universal Robina Corp. vs. LLDA May 30, 2011
(E) IVIA vs. Enciso May 5, 2006

DOCTRINE OF PRIOR RESORT

Also known as the doctrine of primary administrative jurisdiction, where there is

competence or jurisdiction vested upon an administrative body to act upon a matter, no
resort to the courts may be made before such administrative body shall have acted
upon the matter. This rule applies only when the body exercises quasi- judicial or
adjudicatory functions. (UST vs. Danes Sanchez July 29, 2010)

Cases

(A) Industrial Enterprise Inc vs. CA 114 SCRA 426

(B) Garcia vs. CA June 06, 2001
(C) Gonzales vs. CA May 9, 2001
(D) Cristobal vs. CA 291 SCRA 122

EFFECT OF FAILURE TO EXHAUST ADMIN REMEDIES

- The jurisdiction of the Court is not affected, but the complainant is

deprived of a cause of action which is a ground for a motion to dismiss.
However, if not motion to dismiss is filed on this ground, there is deemed
 to be a waiver. (Soto vs. Jareno 144 SCRA 116 Eastern Shipping Lines
vs. POEA 166 SCRA 533).

EXCEPTION TO THE DOCTRINE

1. Doctrine of qualified political agency (alter ego doctrine)

cases
(A) Kilusang Bayan, etc. vs. Dominguez 205 SCRA 92
(B) Nazareno vs. CA 267 SCRA 589
(C) Tan vs. Director of Forestry 125 SCRA 302
(D) Carlo vs. Fuentes 5
(E) Association of Philippine Coconut Desicators vs. Philippine Coconut
Authority 286 SCRA 109
(F) Samahang Magbubukid ng Kapdula Inc vs. CA March 25, 1999
2. Where the admin remedy is fruitless. E.g. suit for recovery of the little to office
must be instituted within one year from illegal ouster, otherwise action
prescribes. (Recovery of the Title to the office, cannot be used by cabinet
members)
3. Where there is estoppel on the part of the admin agency. (Uda de Tan vs.
Veterans backpay Commission 105 Phil 377).
4. Where the issue involved is purely a legal question. (Palma- Fernandez vs.
dela Paz 160 SCRA 75)
(Samson vs. NLRC 253 SCRA 112).
(Ty vs. Trampe 250 SCRA 500)
5. Where the admin action is patently illegal, amounting to lack or excess of
jurisdiction. (Cabada vs. Alunan 260 SCRA 838).
6. Where there is unreasonable delay or official inaction. (Republic vs.
Sandiganbayan 255 SCRA 438)
7. Where there is irreparable injury or threat thereof, unless judicial recourse is
immediately made. (NFA vs. CA 253 SCRA 470).
8. In land cases, where the subject matter is private land.
9. Where the law does not make exhaustion a condition precedent to judicial
recourse or where no admin review is provided by law. (Mark James
Maglalang vs. PAGCOR December 11, 2013)
10. Where observance of the doctrine will result in the nullification of the claim
11. Where there are special reasons or circumstances demanding immediate
Court Act. (Roxas and Co. vs CA December 11, 1999).

(DAR vs, Alex investment and financing Corp. April 10, 2003)
12. When due process is clearly violated
(Anzaldo vs. Clave 119 SCRA 353)
(Zambales Chromite vs CA 94 SCRA 261)
(Pagora vs. CA 254 SCRA 606)
13. When the rules does not provide a plain, speedy and adequate remedy.
(Quisumbing vs. Judge Guimban 193 SCRA 520)
(Estuerte vs. CA 193 SCRA 541)

(Information technology Foundation of the Philippines vs. COMELEC January

13, 2004)