BINANGKAL NOTES (Admin.

Law)

ADMINISTRATIVE LAW  Term of Office:

i. Chairman: 7 yrs
 It means that part of the law w/c governs the
ii. Commissioner 1: 5 yrs
organization, functions, and procedures of administrative
iii. Commissioner 2: 3 yrs
agencies of the government to which quasi-legislative
b. Commission on Election
powers are delegated and quasi-judicial powers are
 Composition:
granted, and the extent and manner to which such
i. 1 Chairman
agencies are subject to control by the courts.
ii. 6 Commissioners
 Belongs to the field of public law with includes
 Term of Office:
constitutional law, criminal law, and international law
i. Chairman: 7 yrs.
(CCI)
ii. Commissioners 1 to 3: 7 yrs.
 Administrative authorities: all those public officers and iii. Commissioners 4 to 5: 5 yrs.
organs (i.e. administrative agencies) of the government iv. Commissioner 6: 3 yrs.
that are charged with the amplification, application and c. Commission on Audit
execution of the law (AAE)  Composition:
o Does not include Congress and the regular i. 1 Chairman
courts by virtue of “doctrine of separation ii. 2 Commissioners
of powers”  Term of Office:
o “Doctrine of Separation of Powers”- is a iv. Chairman: 7 yrs
political doctrine under the constitutional v. Commissioner 1: 5 yrs
law which state that the 3 branches of vi. Commissioner 2: 3 yrs
government (JEL) are kept separate to  A.E. PAR J.R. B.
prevent abuse of power 1. Law which fixes the administrative organization and
structure of the government
CONCEPT OF ADMINISTRATIVE LAW 2. The execution or enforcement of the law entrusted
 It provides the function of subordinate legislation to the administrative authorities
o Law which is enacted under delegated powers which 3. Law which governs public officers
are government powers specifically outlined in the
Constitution that limits what Congress can do, and
4. Law which creates administrative agencies
also defines what Congress is in charge of regulating. 5. Law which provides remedies to those aggrieved by
 It provides the function of power of adjudication administrative actions.
 It provides the function of “determinative powers” 6. Law which governs judicial review
o It is executive power. It is the authority to carry out or 7. The rules, regulations, orders and decisions made by
implement a policy set forth in the law or statute administrative authorities
 “Private Law” vs “Public Law” 8. Body of judicial decisions dealing with any of the
o Private law: is that branch of law which above
regulates the relation among individuals.
(eg. Labor Code of the Philippines
CONCERNS OF ADMINISTRATIVE LAW
governing er-ee relationship)
1. Private Rights
o Public law: is that branch of law that
 Protection of private rights
regulates the relation of the state with its
 Protection of public interest and not vindicate
subjects (eg. Revised Penal Code w/c
private rights
stipulates the relationship b/n State and its
subjects)
 There should be a balance of protection b/n
private rights and public rights.
SCOPE OF ADMINISTRATIVE LAW 2. Delegated Powers and Combined Powers
1) Executive Power  Delegation of powers to the officers and agencies
 It shall be vested in the President. of the government
2) Legislative Power  Not concerned with the constitutional powers of
 It shall be vested in the Congress. the President
 Congress consists of:
i. Senate: 24 members
SCOPE OF THE ADMINISTRATIVE PROCESS
ii. House of Representatives: 251 members
 Administrative Process: includes the whole of the
iii. Party List Representatives: 46
series of acts of an administrative agency whereby
 No. of members in the legislative body = 321
the legislative delegation of a function is mate
3) Judicial Power
effectual in particular situations.
 It shall be vested in 1 Supreme Court and in such
 It covers:
lower courts as may be established by law
 Procedure in the disposition of routine
 It consists of:
administrative matters
i. Chief Justice: 1 (Maria Lourdes Aranal Sereno)
 Procedure in the disposition of contested
ii. Associate Justice: 14 members
administrative matters
4) Special Bodies
 Procedure in how administrative matters are
a. Civil Service Commission
determined
 Composition:
 Procedure in how administrative matters are
i. 1 Chairman
enforced
ii. 2 Commissioners
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 BINANGKAL NOTES (Admin.Law)
 Procedure in how administrative matters are
reviewed
CRITICISMS AGAINST ADMINISTRATIVE ACTION
“ALS-DAD”
1. Tendency towards Arbitrariness
2. Lack of Legal knowledge
3. Susceptibility to political bias
4. Disregard to fair hearing
5. Absence of standard rules of procedure
6. Dangerous combination of “JEL” functions (Judicial,
Executive, Legislative)
RELATION B/N ADMIN. AGENCIES AND COURTS
1) Collaborative Instrumentalities
o Collaboration of admin & judicial process
2) Role of Courts
o Accommodate admin.process to traditional
judicial system
o Accommodate private rights and public
interest
o Reconcile standards of fair hearing in the
field of admin.action
3) Discharge of judicial role
o Observe proper separation of powers of the
branch of government as per Constitution
o Give due deference of the role of the admin.
Agencies
o Lend powers of the court to the proper
attainment of admin.agency’s objective
o To leave to the legislature or the people the
remedy for admin.action
CREATION, REORGANIZATION, & ABOLITION OF
ADMINISTRATIVE AGENCIES
4) How are administrative agencies created?
i. In general cases:
a. By constitutional provision
 From its self-executing powers
b. Legislative enactments
 From the power of Congress
c. Executive
 From the President
 Usually investigative agencies
ii. From “statutory” origin:
 Emanates from Congress
 Function/Role on admin. agencies:
a) Expansion of powers and
functions
b) Contraction of powers and
functions
c) Reorganization of agencies
d) Abolition of agencies
 Limitation: Constitutional restriction
 Other special function of Congress:
a. Can vest power to the President
to:
 Reorganize executive agencies
 Redistribute functions of such
agencies
 Particular transfers under
statues
b. Can delegate the power to
create positions
5) Rule to abolish administrative agencies:
o Such statute must clearly and obviously
state the purpose to abolish a certain
department or office and replace it with
another one. (no inference or assumption
should be made)
6) Rule in reorganization of admin. agencies
o Reorganization is valid provided it is
pursued in good faith.
ADMINISTRATIVE AGENCY/BODY vs COURTS
ADMIN. COURTS
 AGENCY/BODY
as to a large organization staffed a tribunal presided by
by men deemed to be one or more jurists
definition
become something of learned in the law
experts in their particular
fields
as to scope Variety of functions Judicial in nature only
as to Degree of discretion varies; Governed by fixed rules
not bound by technical rules to arrive at decisions;
governance
of evidence or procedure due process
STATUS OR CHARACTER OF PARTICULAR
ADMIN.AGENCIES
7) Dependent on the Constitution or statutory provision
I. As public or governmental agencies
 Agencies of the state or government
o Represents NO private interests of
their own
o Restricted to persons w/ vested
power to act for the government
o Its form or function may not be a
determinative factor to regard it as
a gov’t agency (eg: just because NLRC’s
function may be judicial in nature doesn’t
mean it is classified as a COURT. It is still an
agency of the government)
II. As judicial bodies or courts
 They can be quasi-judicial
 Not really part of the judicial system
o Not courts in the strict sense
 Cannot exercise judicial function
only
 Because of admin.agencies’
investigatory and inquisitorial
powers, part of their function is
to adjudicate
o They are courts in the broad sense
 They exercise adjudicatory powers
o Performs regulatory functions
 Function is to adjudicate to protect rights
and interests of private parties thus,
construing and applying the law.
III. As legislative or executive agencies
o They can ALSO be quasi-legislative or quasi-
executive but can never be PURELY judicial
or executive
IV. As independent or subordinate bodies
o Independent Body:
 Agency independent of the executive
branch
 Not subject to a superior head of
department
 COA, CSC, COMELEC
such o Subordinate Body:
 Body whose actions are subject to
administrative review or revision
V. As corporate bodies or legal entities
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 BINANGKAL NOTES (Admin.Law)

o Corporate bodies
 Has the capacity to sue and be sued in the
courts
 BSP
o Legal entitites
 May have perpetual existence apart from
their members
 May be expressly authorized and
empowered to bring suit

MAIN CHARACTERISTICS OF ADMIN. AGENCIES

1) Size
o They have large size
o Their size reflects both their nationwide
jurisdiction and the character of their work
2) Specialization
o They specialize by way of:
 Experience
 Technical or professional training
3) Responsibility for Results
o It is charged by CONGRESS to accomplish a
particular statutory end
o How:
 Productive attitude towards issues
 Responsibility for effective enforcement of
public policy
4) Variety of Administrative duties
o Poses one of the criticisms against admin.
Action
o Why?
 Variety in functions may mean
variety in the circumstances and
conditions under which the
activities of the various agencies
impinge upon private individuals
 A procedure protecting one
individual in a certain government
agency may be injurious upon him
under a procedure imposed by
another government agency.
 Example: (not sure if I’m correct
though)
=A worker is protected
under NLRC rules on
security of tenure but he
is not protected under
one of NLRC rules on
“unjust termination”
because they may have to
establish only a just
termination to be a valid
action.