ADMINISTRATIVE LAW

I.

GENERAL PRINCIPLES
A. Administrative Law.
1. Defined. That branch of public law which fixes the
organization and determines the competence of
administrative authorities and indicates to the
individual remedies for the violation of his rights.
2. Kinds:
a. Statutes setting up administrative authorities.
b. Rules, regulations or orders of such
administrative authorities promulgated
pursuant to the purposes for which they were
created.
c. Determinations, decisions and orders of such
administrative authorities made in the
settlement of controversies arising in their
particular fields.
d. Body of doctrines and decisions dealing with
the creation, operation and effect of
determinations and regulations of such
administrative authorities.
3. Administration.
a. Meaning. Understood in two different senses:
i. As a function: the execution, in non-judicial
matters, of the law or will of the State as
expressed by competent authority.

ii. As an organization: that group or aggregate

of persons in whose hands the reins of
government are for the time being.
b. Distinguished from government.
c. Kinds:
i. Internal: legal side of public administration,
e.g., matters concerning personnel, fiscal
and planning activities.
ii. External: deals with problems of
government regulations, e.g., regulation of
lawful calling or profession, industries or
businesses.
B. Administrative Bodies or Agencies
1. Defined. Organ of government, other than a court
and other than a legislature, which affects the
rights of private parties either through adjudication
or rule-making.
2. Creation. They are created either by:
a. Constitutional provision;
b. Legislative enactment; or
c. Authority of law.
3. Criterion: 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.
4. Types:
a. Bodies set up to function in situations where
the government is offering some gratuity, grant
or special privilege, e.g., Bureau of Lands.
b. Bodies set up to function in situations wherein
the government is seeking to carry on certain
of the actual business of government, e.g.,
BIR.
c. Bodies set up to function in situations wherein
the government is performing some business
service for the public, e.g., MWSS.
d. Bodies set up to function in situations wherein
the government is seeking to regulate business
affected with public interest, e.g., LTFRB.
e. Bodies set up to function in situations wherein
the government is seeking under the police
power to regulate private business and
individuals, e.g., SEC.
f. Bodies set up to function in situations wherein
the government is seeking to adjust individual
controversies because of a strong social policy
involved, e.g., ECC.
g. Bodies set up to make the government a
private party, e.g., GSIS.

II.

POWERS OF ADMINISTRATIVE BODIES

A. Powers of Administrative Bodies.
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers
B. Quasi-legislative power.
1. Nature. This is the exercise of delegated
legislative power, involving no discretion as to
what the law shall be, but merely the authority to
fix the details in the execution or enforcement of a
policy set out in the law itself. In Holy Spirit
Homeowners Association v. Secretary Defensor,
G.R. No. 163980, 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 nondelegability and separation of powers.
a. 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.
b. Both Letters of Instruction and Executive
Orders are presidential issuances; one may
repeal or otherwise alter, modify or amend the
other, depending on which comes later

[Philippine Association of Service Exporters v.

Torres, 225 SCRA 417].
c. It may be stressed that the function of
promulgating rules and regulations may be
legitimately exercised only for the purpose of
carrying out the provisions of the law into
effect. Thus, administrative regulations cannot
extend the law or amend a legislative
enactment, for settled is the rule that
administrative regulations must be in harmony
with the provisions of the law [Land Bank v.
Court of Appeals, 249 SCRA 149]. Indeed,
administrative issuances must not override, but
must remain consistent with the law they seek
to apply and implement. They are intended to
carry out, not to supplant nor to modify, the law
[Commissioner of Internal Revenue v. Court of
Appeals, 240 SCRA 368].
d. It is axiomatic that an administrative agency
like the Philippine Ports Authority has no
discretion whether or not to implement a law.
Its duty is to enforce the law. Thus, if there is a
conflict between PPA circulars and a law like
EO 1088, the latter prevails [Eastern Shipping
Lines v. Court of Appeals G. R. No. 116356,
June 29, 1998].
e. An administrative order is an ordinance issued
by the President which relates to specific
aspects in the administrative operation of
Government. It cannot be argued that
Administrative Order No. 308 (prescribing a
National Computerized Identification Reference

System) merely implements the Administrative

Code of 1987. Such a national computerized
identification reference system requires a
delicate adjustment of various contending
State policies, the primacy of national security,
the extent of privacy against dossier gathering
by the Government, and the choice of policies.
It deals with a subject which should be covered
by a law, not just an administrative order [Ople
v. Torres, 293 SCR A 141].
2. Kinds of Administrative Rules or Regulations
a. Supplementary or detailed legislation. They are
rules and regulations to fix the details in the
execution and enforcement of a policy set out
in the law e.g., Rules and Regulations
Implementing the Labor Code.
b. Interpretative legislation. They are rules and
regulations construing or interpreting the
provisions of a statute to be enforced and they
are binding on all concerned until they are
changed, e.g., BIR Circulars, CB circulars, etc..
They have the effect of law and are entitled to
great respect; they have in their favor the
presumption of legality [Gonzalez v. Land
Bank, 183 SCRA 520]. The erroneous
application of the law by public officers does
not bar a subsequent correct application of the
law [Manila Jockey Club v. Court of Appeals,
G.R. No. 103533, December 15, 1998].

c. Contingent legislation. They are rules and

regulations made by an administrative authority
on the existence of certain facts or things upon
which the enforcement of the law depends.
See: Cruz v. Youngberg, 56 Phil 234.
3. Requisites for validity
4. Administrative rules with penal sanctions;
additional requirements:
5. Necessity for notice and hearing.
6. A petition for prohibition is not the proper remedy

to assail Implementing Rules and Regulations

issued in the exercise of quasi-legislative
functions. Prohibition is an extraordinary writ
directed against any board, officer or person,
whether exercising judicial, quasi-judicial or
ministerial functions, ordering said entity or person
to desist from further proceedings when the said
proceedings are without or in excess of
jurisdiction, or is accompanied by grave abuse of
discretion, and there is no appeal or any other
plain, speedy or adequate remedy in the ordinary
course of law. Thus, prohibition lies against the
exercise of judicial, quasi-judicial or ministerial
functions, not against legislative or quasilegislative functions [Holy Spirit Homeowners
Association v. Secretary Defensor, G.R. No.
163980, August 3, 2006],