ADMINISTRATIVE LAW

- Branch of public law that fixes the organization of the government and determines competence of
authorities who execute the law and indicates to the individual remedies for the violations of his
rights.
I. ADMINISTRATIVE BODIES OR AGENCIES
- A body, other than the courts and the legislature, endowed with quasi-legislative and quasijudicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or
execution.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1.Quasi-legislative or rule-making power;
2.Quasi-judicial or adjudicatory power; and
3.Determinative powers.
A. QUASI-LEGISLATIVE OR RULEMAKING POWER
In exercise of delegated legislative power, involving no discretion as to what law shall be, but
merely authority to fix details in execution or enforcement of a policy set out in law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed legislation, e.g. Rules and Regulations Implementing the Labor
Code;
b. Contingent regulation
2. Interpretative legislation, e.g. BIR Circulars
Requisites for valid exercise:
1. Issued under authority of law;
2. Within the scope and purview of the law;
3. Promulgated in accordance with the prescribed procedure:
a. notice and hearing generally, not required; only when:
i. the legislature itself requires it and mandates that the regulation shall be based on certain
facts as determined at an appropriate investigation;
ii. the regulation is a settlement of a controversy between specific parties; considered as an
administrative adjudication (Cruz, Philippine Administrative Law, p.42 - 43); or
iii. the administrative rule is in the nature of subordinate legislation designed to implement a
law by providing its details (CIR v. Court of Appeals, 261 SCRA 236).
b. publication
4. Reasonable
Requisites for Validity of Administrative Rules With Penal Sanctions:
1. law itself must declare as punishable the violation of administrative rule or regulation;
2. law should define or fix penalty therefor; and
3. rule/regulation must be published.

Doctrine of Subordinate Legislation power of administrative agency to promulgate rules and

regulations on matters of their own specialization.
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. The Legislature is
presumed to have full knowledge of the contents of the regulations then at the time of re-enactment.