Political Law branch of public law that deals with the organization and operation of the governmental

organs of the state and defines the relations of the state with the inhabitants of its territory
Public law- is the dealing with matters affecting the state, the act of state agencies, the protection of
state interests. Criminal law, political law, public international law
Private law deals with the regulation of the conduct of private individual in their relation with one
another. Civil and commercial law
Subdivisions:
1. Law of public administration
2. constitutional law- Is that branch of political law which fixes the organization of
government,determines the competence of the administrative authorities who executethe law and
indicates to the individual, remedies for the violation of his rights.
3. Administrative law
4. Law of public corporations
PUBLIC OFFICE
- right, authority and duty created and conferred by law, by which for a given period, either fixed by
law or enduring at pleasure of creating power, and individual is vested with some sovereign
functions of government to be exercised by him for the benefit of the public.(Fernandez vs Sto
Tomas, 234 SCRA 546)

Elements of Public Office: (LSDIP)
1. created by law or ordinance authorized by law;
2. possess sovereign functions of government to be exercised for public interests;
3. functions defined expressly or impliedly by law;
4. functions exercised by an officer directly under control of law, not under that of a superior officer
unless they are functioned conferred by law upon inferior officers, who by law, are under control
of a superior; (duties performed independently) and
5. with permanency or continuity, not temporary or occasional.
Administrative law that branch of modern law under which the executive branch of the government,
acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community.
Kinds of Admin 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 field.
Historical Considerations
1. Why did administrative agencies come about?
Growing complexities of modern life
Multiplication of number of subjects needing government regulation; and
Increased difficulty of administering laws
2. Why are administrative agencies needed? Because the government lacks:
Time
Expertise and
Organizational aptitude for effective and continuing regulation of new developments in society

Government- is that institution or aggregate of institutions by which an independent society makes and
carries out those rules of action which are necessary to enable men to live in a social state or which are
imposed upon the people forming that society by those who possess the power or authority of
prescribing them.
Government of the Republic of the Philippines Section 2(1) administrative code the corporate
governmental entity through which the functions of government are exercised throughout the
Philippines, including:
The various arms through which political authority is made effective in the Philippines, whether
pertaining to: 1. autonomous regions 2.provincial, municipal, city or baranggay subdivisions 3.other
forms of local government
B. Functions

1. Constituent functions - constitute the very bonds of society; compulsory.
i. keeping of order and providing protection
ii. fixing of legal relations between man and wife, and children
iii. regulation of the holding, transmission and interchange of property
iv. define crime and punishment
v. regulates and determines contract between individuals
vi. dealings of state with foreign powers

2. Ministrant functions - undertaken to advance the
general interests of society; optional.
i. public works
ii. public education
iii. public charity
iv. health and safety regulations
v. trade and industry
The distinction between constituent and ministrant functions is not relevant in our jurisdiction. [ACCFA v.
Federation of Labor Unions, (1969)]
xxx
Describe the Administrative Code of 1987.
Held: The Code is a general law and incorporates in a unified document the major structural,
functional and procedural principles of governance (Third Whereas Clause, Administrative Code of 1987)
and embodies changes in administrative structures and procedures designed to serve the people.
(Fourth Whereas Clause, Administrative Code of 1987) The Code is divided into seven (7) books. These
books contain provisions on the organization, powers and general administration of departments,
bureaus and offices under the executive branch, the organization and functions of the Constitutional
Commissions and other constitutional bodies, the rules on the national government budget, as well as
guidelines for the exercise by administrative agencies of quasi-legislative and quasi-judicial powers. The
Code covers both the internal administration, i.e., internal organization, personnel and recruitment,
supervision and discipline, and the effects of the functions performed by administrative officials on
private individuals or parties outside government. (Ople v. Torres, G.R. No. 127685, July 23, 1998
[Puno])
What is Administrative Power?
Held: Administrative power is concerned with the work of applying policies and enforcing orders as
determined by proper governmental organs. It enables the President to fix a uniform standard of
administrative efficiency and check the official conduct of his agents. To this end, he can issue
administrative orders, rules and regulations. (Ople v. Torres, G.R. No. 127685, July 23, 1998 [Puno])
What is an Administrative Order?
Held: An administrative order is an ordinance issued by the President which relates to specific aspects in
the administrative operation of government. It must be in harmony with the law and should be for the
sole purpose of implementing the law and carrying out the legislative policy. (Ople v. Torres, G.R. No.
127685, July 23, 1998 [Puno])
What is the Government of the Republic of the Philippines?
Ans.: The Government of the Republic of the Philippines refers to the corporate governmental entity
through which the functions of the government are exercised throughout the Philippines, including, save
as the contrary appears from the context, the various arms through which political authority is made
effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local government. (Sec. 2[1], Introductory
Provisions, Executive Order No. 292)
What is an Agency of the Government?
Ans.: Agency of the Government refers 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. (Sec. 2[4], Introductory Provisions, Executive Order No. 292)
What is a Department?
Ans.: Department refers to an executive department created by law. For purposes of Book IV, this shall
include any instrumentality, as herein defined, having or assigned the rank of a department, regardless
of its name or designation. (Sec. 2[7], Introductory Provisions, Executive Order No. 292)
What is a Bureau?
Ans.: Bureau refers to any principal subdivision or unit of any department. For purposes of Book IV, this
shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a
bureau, regardless of actual name or designation, as in the case of department-wide regional offices.
(Sec. 2[8], Introductory Provisions, Executive Order No. 292)
What is an Office?
Ans.: Office refers, within the framework of governmental organization, to any major functional unit of
a department or bureau including regional offices. It may also refer to any position held or occupied by
individual persons, whose functions are defined by law or regulation. (Sec. 2[9], Introductory
Provisions, Executive Order No. 292)
What is a Government Instrumentality? What are included in the term Government Instrumentality?
Ans.: A government instrumentality refers to any agency of the national government, not integrated
within the department framework, vested with special functions or jurisdiction by law, endowed with
some if not all corporate powers, administering special funds, enjoying operational autonomy, usually
through a charter. The term includes regulatory agencies, chartered institutions and government-
owned or controlled corporations. (Sec. 2[10], Introductory Provisions, Executive Order No. 292)
What is a Regulatory Agency?
Ans.: A regulatory agency refers to any agency expressly vested with jurisdiction to regulate, administer
or adjudicate matters affecting substantial rights and interest of private persons, the principal powers of
which are exercised by a collective body, such as a commission, board or council. (Sec. 2[11],
Introductory Provisions, Executive Order No. 292)
What is a Chartered Institution?
Ans.: A chartered institution refers to any agency organized or operating under a special charter, and
vested by law with functions relating to specific constitutional policies or objectives. This term includes
state universities and colleges and the monetary authority of the State. (Section 2[12], Introductory
Provisions, Executive Order No. 292)
What is a Government-Owned or Controlled Corporation?
Ans.: Government-owned or controlled corporation refers to any agency organized as a stock or non-
stock corporation, vested with functions relating to public needs whether governmental or proprietary
in nature, and owned by the Government directly or through its instrumentalities either wholly, or,
where applicable as in the case of stock corporations, to the extent of at least fifty-one (51) per cent of
its capital stock; x x x (Sec. 2[13], Introductory Provisions, Executive Order No. 292)