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Aonuevo, Ivy Katrina M.

LM4A

I.

GENERAL PRINCIPLES

Definitions
a. Administrative Law Dean Roscoe Pound defines Administrative Law as that 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 the individual for the
purpose of promoting the well-being of the community, as under laws regulating public
interest, professions, trades and callings, rates and prices, laws for the protection of
public health and safety, and the promotion of public convenience.
b. Government of the Republic of the Philippines refers to the corporate governmental
entity through which the functions of government are exercised throughout the
Philippines, including, save as the contrary appears from 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.
c. National Government refers to the entire machinery of the central government, as
distinguished from the different forms of local governments.
d. Local Government refers to the political subdivisions established by or in accordance
with the Constitution.
e. Agency of the Government is 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.
f. Department refers to an executive department created by law.
g. Bureau refers to any principal subdivision or unit of any department.
h. Office refers, within the framework of government organization, to nay 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.
i. 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, and enjoying
operational autonomy, usually through a charter.
j. 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
commission, board or council.
k. Chartered institution refers to any agency organized or operating under special
charter, and vested by law with functions relating to specific constitutional policies or
objectives.

l. 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
indirectly or through its instrumentalities, either wholly, or where applicable, as in the
case of stock corporations, to the extent of at least 51% of its capital stock: Provided,
That government-owned or controlled corporations may be categorized by the
Department of Budget, the Civil Service Commission, and the Commission on Audit for
purposes of the exercise and discharge of their respective powers, functions, and
responsibilities to such corporations.

II.

KINDS OF ADMINISTRATIVE LAW

1. Statutes setting up administrative authorities either by:


Creating boards, commissions, and administrative officers or
Confiding the powers and duties to existing boards, commission or officers to:
Amplify,
Execute
Supervise the operations of, and
Determine controversies arising under particular laws in the enactment of
which the legislature decided for matters of convenience or for quicker or
more efficient administration to withhold the controversies, at least in the
first instance, from the courts of law.
2. Rules, regulations or orders of such administrative authorities enacted and promulgated in
pursuance of the purposes for which they were created or endowed.
3. Determinations, decisions and orders of such administrative authorities made in the
settlement of controversies arising in their particular fields.
4. Body of Doctrines and decisions dealing with the creation, operation, and effect of
determinations and regulations of such administrative authorities.

III.

SCOPE OF ADMINISTRATIVE LAW

Administrative law covers the following:


1. Body of statutes which sets up administrative agencies and endows them with powers and
duties.
2. Body of rules, regulations, and orders issued by administrative agencies.
3. Body of determinations, decisions and orders of such administrative authorities made in
the settlement of controversies arising in their respective fields.
4. Body of doctrines and decisions dealing with the creation, operation and effect of
determinations and regulations of such administrative agencies.

IV.

SOURCES OF ADMINISTRATIVE LAW

Administrative Law is derived from four sources:


1. Constitutional or statutory enactments creating administrative bodies;
2. Decisions of courts interpreting the charters of administrative bodies and defining their
powers, rights, inhibitions, among others, and the effects of their determinations, and
regulations;
3. Rules and regulations issued by the administrative bodies in pursuance of the purposes
for which they were created; and
4. Determinations and orders of the administrative bodies in the settlement of controversies
arising in their respective fields.

References:
De Leon, H. S. and De Leon, Jr., H. M. (2005). ADMINISTRATIVE LAW: Text and
Cases. Manila: Rex Book Store, Inc.
Gonzales, N. (2003). ADMINISTRATIVE LAW: A Text.
Lara, G. G. B. and Lara, G. F. (2014). Fundamentals of Administrative Law. Manila: Rex
Book Store.

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