Administrative Law

Definition:
- Branch of modern law under which
the executive department of the
government acting in a quasilegislative or quasi-judicial capacity,
interferes with the conduct of
individuals for the purpose of
promoting the well-being of the
community.

Sources:
1.) Constitutional or statutory enactments
creating administrative bodies.
2.) Decisions of the courts interpreting the
charters of administrative bodies.
3.)
Rules
and
regulations
issued
by
administrative bodies in pursuance of which
they are created.
4.) Determination and orders of administrative
bodies in the settlement of controversies
arising in their respective fields.

Administrative Bodies of
Agencies:
- A body other than the court and the
legislature, endowed with quasilegislative and quasi-judicial powers
for the purpose of enabling it to
carry out laws entrusted to it for
enforcement.

Manner of Creation:
1.) By Constitutional provision;
2.) By legislative enactment; or
3.) By authority of law.
- Manner of abolition depends on the
manner by which the agency or body
has been created.

Nature of Function:

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 power or 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.

Powers of Administrative
Bodies:
1.) Quasi-legislative or Rule-Making
power.
2.) Quasi-judicial
Power; and

or

3.) Determinative Power.

Adjudicatory

Quasi-Legislative vs. QuasiJudicial:

Issuance of rules and
QUASI-LEGISLATIVE
regulations
which
have force and effect
of law.

QUASI-JUDICIAL

Refers to the end product

called order, reward or
decision.

Specific application

Present determination

Notice
and
hearing
generally
required
in
administrative
adjudication.

General application
Prospective
application

in

Publication is required
in the issuance of
rules.

Quasi-Legislative
Power

Nature:
- The authority delegated by the lawmaking body to the administrative
body to adopt rules and regulations
intended to carry out the provisions
of a law and implement legislative
policy.

Kinds of Administrative
Regulation:
1.) Legislative Regulation
Supplementary
or
Legislation
Contingent Regulation

2.) Interpretative Legislation

Detailed

Supplementary
Regulation:

or

Detailed

- Intended to fill in the details of the

law and to make explicit what is only
general.

Contingent Regulation:
- Issued to enforce or suspend the
operation of a law after the
ascertainment by the administrative
agency of existence of a particular
contingency.

Interpretative Regulation:
- Those which purport to do no more
than interpret the statute being
administered.

Requisite for Valid Exercise:

1.) Issued under authority of the law.
2.) Must be within the scope and
purview of the law.
3.) Promulgated in accordance with
the prescribed procedure.
4.) Reasonable.

Procedure:
1.) Notice and hearing

Generally not essential, except:

a.) The legislature itself requires it and

mandates that the regulation shall
be based on certain facts as
determined
at
an
appropriate
investigation

Procedure:
b.) The regulation is a settlement of a
controversy between specific parties
or administrative adjudication.
c.) The administrative rule is in the
nature of subordinate legislation
designed to implement a law by
providing its details.

Procedure:
2.) Publication

Generally required, except:

a.)
Interpretative
rules
and
regulations; or
b.) Merely internal in nature and
letters of instructions issued by
superiors.

Standard of Reasonableness:
1.) Must involve public welfare.
2.) The method employed must be
reasonably related to the purpose of
the rule;
3.) Not arbitrary; and
4.) Must declare the legislative policy.

Requisites for Validity of Administrative

Rules with Penal Sanctions:

1.) The law itself must declare as

punishable the violation of an
administrative rule or regulation.
2.) Law should define or fix the
penalty; and
3.) Rule or
published.

regulation

must

be

Doctrines in relation to Quasilegislative Power:

1.)
Doctrine
Legislation; and

of

Subordinate

2.) Doctrine of Legislative Approval by

Re-Enactment.

Doctrine
of
Legislation:

Subordinate

Power of the administrative agency

to promulgate rules and regulations
on
matters
of
their
own
specialization.

- This power is necessarily limited only

to carrying into effect what is
provided
in
the
legislative
enactment.

Doctrine
of
Legislative
Approval by Re-Enactment:

The
rules
and
regulations
promulgated
by
the
proper
administrative agency implementing
the law are deemed confirmed and
approved by the legislature when
said law was re-enacted by later
legislation or through codification.

Quasi-Judicial Power

Nature:
-

The
power
of
administrative
authorities to make determinations
of facts in the performance of their
official duties and to apply the law as
they construe it to the facts so
found.

- Proceedings partake the nature of a

judicial proceedings.

Power includes:
1.) Power to prescribe rules of
procedure, unless annulled by the SC;
2.) Subpoena power may be
exercised only if allowed by the law
and in connection with the matter
they are authorized to investigate.
3.) Contempt power must be
expressly granted and only in the
exercise of the quasi-judicial function.

Requisite
for
Proper Exercise:

Valid

and

1.) Jurisdiction must be properly

acquired by the administrative body.
2.) Due process must be observed.

Administrative Due Process:

Elements
1.) Right to a hearing;
2.) Tribunal must consider the
evidence presented;
3.) Decision must have something
support itself;
4.) Decision must be based on the
evidence adduced at the hearing or
at least contained in the records and
disclosed to the parties;

Administrative Due Process:

Elements
5.) Evidence must be substantial;
6.) Board or judge must act on its or his
own independent consideration of facts
and law of the case and not simply
accept the view of the subordinate in
arriving at a decision; and
7.) Decision must be rendered in such a
manner that parties to controversy can
know various issues involved and the
reason for the decision rendered.

Administrative Due Process:

Elements

Administrative process are unrestricted

by the technical or formal rules of
procedure which govern trials before a
court
especially
where
the
administrative order has only the effect
of prima facie evidence and other
matters.
The right against self-incrimination is
applicable
in
the
administrative
proceedings.

Administrative Due Process:

Elements

Administrative due process does not

require at all times a trial-type
hearing.
It is sufficient that the
parties are given the opportunity to
present their case even through
pleadings.

Quantum of Evidence
Administrative process:

in

Substantial
evidence
or
such
relevant evidence that a reasonable
mind might accept as adequate to
support a conclusion.

When Notice and Hearing not

required:
1.) Summary proceedings of distrait and
levy upon property of delinquent taxpayer.
2.) Grant of provisional authority for
approval of rates, or to engage in
particular line of business.
3.) Cancellation of passport where no abuse
of discretion is committed.
4.) Summary abatement of nuisance per se
which affects safety of persons or property.

When Notice and Hearing not

required:
5.) Preventive suspension of officer or
employee pending investigation.
6.) Grant or revocation of licenses or
permits
to
operate
certain
businesses affecting public order or
morals.

Administrative
Review:

Appeal

or

1.) Where provided by law, appeal from

administrative determination may be
made
to
a
higher
or
superior
administrative officer or body.
2.) By virtue of power of control of the
President, the President himself or
through the Department Head may
affirm, modify, alter or reverse the
administrative decision of a subordinate.

Administrative
Review:

Appeal

or

3.) Appellate administrative agency

may conduct additional hearing in
appealed case, if deemed necessary.

Enforcement
Administrative Decision:

of

1.) As may be provided by law.

2.) May invoke the court for the
purpose.
3.) By the appeal to the force of public
opinion.

Res Judicata?
Administrative
decision
has
res
judicata effect, that is, has the force
and binding effect of a final
judgment.

Doctrines in
Remedies:

Administrative

1.)
Doctrine
of
Exhaustion
Administrative Remedies.

of

2.) Doctrine of Prior Resort

3.)
Doctrine
of
Administrative Action

Finality

of

Doctrines of Exhaustion of
Administrative Remedies:

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.

- Only those decisions of administrative

agencies made in the exercise of quasijudicial power are subject to the
doctrine.

Effect of Failure to Exhaust

Administrative Remedies:
Jurisdiction of the court is not
affected but the complaint is
vulnerable to dismissal for failure to
state a cause of action.
If there is no motion to dismiss, there
is deemed to be a waiver.

Exceptions:
1.) When there is a violation of due
process.
2.) When the issue involved is a purely
legal question.
3.) When the administrative action is
patently illegal amounting to lack or
excess of jurisdiction.
4.) When there is estoppel on the part of
the administrative agency concerned.

Exceptions:
5.) there is irreparable injury.
6.) When the respondent is a
Department Secretary whose acts as
an alter ego of the President bears
the implied and assumed approval of
the latter.
7.) When to require exhaustion of
administrative remedies would be
unreasonable.

Exceptions:
8.) When it would amount to a
nullification of a claim.
9.) When the subject matter is a private
land in a land case proceedings.
10.) When the rule does not provide for
a plain, speedy, adequate remedy.
11.) When there are circumstances
indicating the urgency of judicial
intervention.

Exceptions:
12.) When no administrative review is
provided by law.
13.) Where the rule of qualified
political agency applies.
14.) When the issue of non-exhaustion
of administrative remedies has been
rendered moot.
15.) In case of petition for writ of
amparo.

Doctrine of Prior Resort:

- Otherwise known as the Doctrine of
Primary Administrative Jurisdiction.
- The courts cannot and will not resolve a
controversy involving a question which
is
within
the
jurisdiction
of
an
administrative
tribunal,
where
the
question demands the exercise of sound
administrative discretion requiring the
special knowledge, experience

Doctrine of Prior Resort:

and services of the administrative
tribunal to determine technical and
intricate matter.
-

Judicial process is suspended

pending referral of such issues to an
administrative body.

Determinative Powers

Nature:
- Power of administrative agencies to
better enable them to exercise their
quasi-judicial authority.

Kinds:
1.) Enabling Power

Permits the doing of an act which the law

undertakes to regulate and which would be
unlawful without governmental approval.

2.) Directing Power

-

Orders the
particular

doing

or

performance

of

Kinds:
acts to ensure compliance with the law
and are often exercised for corrective
purposes.
3.) Dispensing Power
- To relax the general operation of a law or
to exempt from general prohibition or
relieve an individual or a corporation
from an affirmative duty.

Kinds:
4.) Examining (Investigatory) Power

Requiring the production of books,

papers, etc., the attendance of witnesses
and compelling their testimony.

5.) Summary Power

- Power to apply compulsion or force
against

Kinds:
persons or property to effectuate a
legal
purpose
without
judicial
warrants to authorize such actions.

Judicial
Review
Administrative
Decision:

of

Rule:
-

Except when the Constitution

requires or allows, judicial review
may be granted or withheld as
Congress chooses. Thus, the law
may provide that a determination
made by an administrative agency
shall be final and not reviewable. In
such case, there is no violation of
due process.

Judicial Review: When Made

1.) To determine constitutionality or
validity of any treaty, law, ordinance,
executive order or regulation;
2.) To determine jurisdiction of any
administrative board, commission, or
officer.
3.) To determine any other questions of
law; and
4.) To determine questions of facts when
necessary to determine, either:

Judicial Review: When Made

a.) Constitutional or jurisdictional
issue;
b.) Commission of abuse of authority;
and
c.) When administrative fact-finding
body is unduly restricted by an error
of law.

Administrative
Fact:

Findings

of

General Rule:
- Findings of fact of administrative
agencies are accorded great weight
and the courts are precluded from
reviewing them.

Administrative
Fact:

Findings

of

Exceptions:
1.) Factual findings are not supported
by evidence.
2.) Findings are vitiated by fraud,
imposition or collusion.
3.) Procedure which led to factual
findings is irregular.

Administrative
Fact:

Findings

of

Exceptions:
4.) Palpable errors are committed.
5.) Grave abuse of discretion, arbitrariness
or capriciousness is manifest.
6.) When expressly allowed by statute
7.) Error in appreciation of the pleadings
and in the interpretation of the
documentary evidence presented by the
parties.

Judicial Review despite Finality

of Administrative Decisions:
When:
1.) Decision is wrong.
2.) Manifestly arbitrary, capricious,
unjust decision.
3.) Decision is not based upon any
reasonable interpretation of law.
4.) Administrative body or officer has
gone beyond its/his statutory authority.

Judicial Review despite Finality

of Administrative Decisions:
5.) Administrative agency exercised
unconstitutional powers.
6.) Decision
vitiated
by
fraud,
imposition or mistake.
7.) Lack of jurisdiction.
8.) Grave abuse of discretion; and
9.) Decision violates or fails to comply
with some mandatory provision of
law.

Brandeis
Doctrine
Assimilation of Facts:

of

- Where what purports to be a finding

upon a question of fact is so involved
with and dependent upon a question
of law as to be in substance and
effect a decision on the latter, the
Court will, in order to decide the
legal question, examine the entire
record including the evidence if
necessary.