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Reviewer in Administrative Law

May Encarnina P. Gaoiran

Chapter I
GENERAL CONSIDERATIONS
Nature
Administrative Law- branch of modern law under which the executive
department of the government, acting in a quasi-legislative or quasijudicial capacity, interferes with the conduct of the individual for the
purposes of promoting the well-being of the community, as under laws
regulating the following:
i.
ii. public interest
iii. professions
iiii. trades and callings
v. rates and prices
vi. laws for the protection of public health and safety
vii. promotion of public convenience (Pound)
- part of public law which:
i. fixes the organization of the government;
ii. determines the competence of the authorities;
and
iii. indicates the individual remedies for violation
of rights (Goodnow)
- branch of the law which deals with the field of legal
control exercised by aw-administering agencies
other than courts, and the field of control exercised
by courts over such agencies (Franfurter)
Object and Scope of Administrative Law
regulation of private right for public welfare
Origin and Development
1. Origin: legislation; Rationale: expediency
2. Doctrine of separation of powers: All rules and conduct are
supposed to be laid down by the legislature, subject to the direct
enforcement of the executive department, and the application or
interpretation by the judiciary; Remedy: delegation of powers
Sources
1. Constitutional or statutory enactments creating administrative
bodies
a. Article IX, Constitution
b. Social Security Act- established the Social Security
Commission

c. Administrative Code of 1987


2. Decisions of courts interpreting the characters of
administrative bodies and defining their powers, rights,
inhibitions, among others, and the effects of their
determinations and regulations
a. Artuc v. Commission on Elections
b. Maceda v. ERB
3. Rules and regulations issued by the administrative bodies in
pursuance of the purposes for which they were created
a. Omnibus Rules Implementing the Labor Code
b. Circulars of the Central Monetary Authority on interest
rates
c. Regulations of the Commission on Immigration and
Deportation
d. Rules promulgated by the SEC; Bureau of Patents,
Trademarks and Technology Transfer
4. Determinations and orders of the administrative bodies in the
settlement of controversies arising in their respective fields
a. Refers to the adjudications of administrative agencies in the
exercise of their quasi-judicial power
Administration
Two Senses
1. Institution- U.S v. Dorr: it refers to the aggregate of
individuals in whose hands the reins of government are for
the time being; it refers to the persons who actually run the
government during their prescribed terms of office
Government
Administration
- agency or instrumentality through which the will of - transitional in nature; it is a more or less permanent
the State is formulated expressed and realized
fixture in every State

2. Function- it means the actual running of the government by


the executive authorities through the enforcement of laws
and the implementation of policies
As an Activity
1. Internala. covers those rules defining the relations of public
functionaries inter se
b. embraces the whole range of the law of public officers
c. consists rules laid down in particular agency or office
2. Externala. defines the relations of the public office with the
public in general
b. promulgated for observance by those who have
dealings or transactions with said office
c. promulgated by the administrative agency in the
exercise of its quasi-legislative authority for the
regulation of specific matters placed under its
jurisdiction

Law
Administration
1) impersonal command provided with sanctions to be preventive rather than punitive and is accepted to be
applied in case of violation
more personal than law
2) impersonal; it is concerned only with obedience to has a more sympathetic regard for the individual and
its established mandate or directive
seeks to spare him from punishments of the law by
persuading him to observe its commands
may clarify certain ambiguous provisions in statutes
through the issuance of interpretative regulations meant
to make it easier for the people to understand and so
obey the law

Chapter II
ADMINISTRATIVE AGENCIES
Definition
Administrative Agency- a body endowed with quasi-legislative and
quasi-judicial powers for the purpose of enabling it to carry out laws
entrusted to it for enforcement or execution.
o Humphrey v. US: appointed by law and informed by
experience
- they will persist so long as the general public
continues to rely on the services they offer and are
satisfied with their performance of their primordial
task

Agency- any 1) department, 2) bureau, 3) office, 4) commission, 5)


authority or officer of the National Government (d-b-ca) authorized by
law or executive order to 1) make rules, 2) issue licenses, 3) grant rights
or privileges and 4) adjust cases (miga); research institutions with
respect to licensing functions; government corporations with respect to
functions regulating private right, privilege, occupation or business; and
officials in the exercise of disciplinary power as provided by law.
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.
Department- refers to an executive department created by law.
Bureau- refers to any principal subdivision of any department.
Office- refers, within the framework of government organization, to any
major functional unit of a department or bureau, including regional
offices.
- refers to any position held or occupied by individual persons,
whose functions are defined by law or regulation.
Instrumentality- Malaga v. Penachos, Jr.,: 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, and enjoying operational
autonomy, usually through a charter.

- includes regulatory agencies. Chartered institutions


and government-owned or controlled corporations
o Beja, Sr. v. CA:
3 administrative relationships (Book IV, Chapter 7 of the
Administrative Code)
1. supervision
2. control
3. attachment of an agency to a department
- refers to the lateral relationship between the
department or its equivalent and attached agency or
corporation for purposes of policy and program
coordination.
Purpose:
1. policy
2. program coordination
coordination- may be accomplished by the
following:
1. having the department represented in the
governing board of the attached agency or
corporation
how? Either as chairman or as a member,
with or without voting rights, if this is
permitted by the charter
2. having the attached corporation or agency
comply with a system of periodic
reporting- shall reflect the progress of
programs and projects
3. having the department or its equivalent
provide general policies through its
representative in the board- shall serve as
the framework for the internal policies of
the attached corporation or agency
Authority- designates both incorporated and non-incorporated
agencies and instrumentalities of the government.
Government-owned or controlled corporation- Leyson v.
Office of the Ombudsman: refer 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 though its instrumentalities,
either wholly or applicable, as in the case of stock of corporations, to
the extent of at least 51% of its capital stock
- may be further categorized by the 1) department of
budget, 2) the civil service commission and 3) the
commission on audit for the purpose of the exercise
and discharge of their respective powers, functions
and responsibilities with respect to such
corporations.
Nature

Administrative bodies endowed with quasi-judicial prerogatives


are essentially executive agencies.
Court of Tax Appeals- special court exercising particular
expertise on the subject of tax
o Yamane v. BA Lepanto Condominium Corporation: RA
9282, Sec. 7(a)(3)- the Court of Tax Appeals exercises
exclusive appellate jurisdiction to review on appeal
decisions, orders or resolutions if the RTC in local tax cases
originally dissolved by them in the exercise of their
appellate jurisdiction.
Creation and Abolition
- may be created by the Constitution or by statute
Civil Service Commission, Commission on Elections
and Commission on Audit- independent constitutional
bodies established under Article 9
Metropolitan Manila Authority- administrative body
created by law pursuant to Section 11, Article 10, in
relation to Sec. 8 of the Transitory Provisions
Classification of Administrative Bodies
1. those set up to offer some gratuity, grant or special
privileges
eg. Philippine Veterans Administration
2. to carry on certain business of government
eg. Bureau of Customs
3. to perform some business service for public
eg. Bureau of Posts
4. to regulate business affected with public interest
eg. LTFRB
5. to regulate private business and individuals under the
police power
eg. SEC
6. to adjust individual controversies because of some strong
social policy involved
eg. NLRC
7. to make the government a private party
eg. GSIS
- can be altered or abolished only by constitutional amendment.
- if created by law, it may be reorganized pursuant to said law
providing for its establishment or another law authorizing said
reorganization- if it does not involve abolition or transfer of offices
and is carried out in good faith by the person, usually the President,
authorized to effect the same, the validity of the same would have to
be upheld (Bagaoisan v. National Tobacco Administration)

Exercise of powers:
1. discretionary

Note: the findings of the body are generally deferred by the


other departments EXCEPT where

they arrived
at with such obvious arbitrariness as to constitute a violation of due
process
2. ministerial- no judgment or discretion is required or is
allowed in their exercise

eg.
a) duty of the RD to annotate a lie on a Torrens
certificate

b) of the Commission on Elections to give due course


to a certificate of candidacy duly

accomplished and seasonably filed (Abcede


v. Imperial)

c) of the COA to allow claims for salaries under


certain conditions (Riel v. Wright)
o RCPI v. NTC: the jurisdiction and powers of
administrative agencies are limited to those expressly
granted or necessary implied from those granted in the
legislation creating such bodies.
-qualified political agency- the power of the President to reorganize
the National Government may validly be delegated to his cabinet
members exercising control over a particular executive department
(DENR v. DENR Region 12 Employees)
Advantages
1) expertise derived from specialized training and experience
2) adaptability to change and ease in reacting to a new and even
emergency situations
3) more resilient
4) they can initiate action and not simply wait for their jurisdiction
to be invoked
5) they may proceed to the solution of the problems confided to
their attention with more expeditiousness
6) they are created by the legislature to address new social
problems and vest in said agencies broad guidelines for the
resolution of said problems
Relation to Regular Departments
1. legislature
i. acts as an agent of the law-making body and so is bound to
obey and implement the legislative will
ii. may be abolished and its incidents may be altered by the
legislature
2. executive
i. comes under the constitutional control of the Presidentcannot be withdrawn or limited even by the legislature
ii. the President may issue his own orders to the
administrative agency and review and, if necessary reverse

its decision
3. judicial department/courts
i. they cannot be deprived of their inherent power to decide all
questions of law, particularly if they have been initially
resolved by the administrative bodies only (Medalla v.
Sayo)
ii. can review, or even reverse, the administrative acts even
the Chief of Executive
o Montes v. Civil Service Board of Appeals: the legality of the
acts of the President is under the judicial review because the
law is above the President himself, and the courts seek only to
interpret, apply or implement it.
iii. may also review the factual findings of administrative
offices by authority of law or under due process of clause if
such determinations have been made arbitrarily

Note: they may review administrative adjudications only as


a last resort and, usually, only when

questions of
law are involved
Chapter III
POWERS OF ADMINISTRATIVE AGENCIES
I. quasi-legislative authority or rule-making power
- the power of subordinate legislation and permits the
body to promulgate rules intended to carry out of
the provisions of particular law
- jurisdiction of the administrative body in applying
for the future
- public
- authority delegated by the law-making body to
the administrative body to adopt rules and
regulations intended to carry out the provisions
of a law and implement a legislative policy
Administrative Rule
- any agency statement of general
applicability that implements or interprets a law, fixes and
describes the procedures in, or practice requirements of, an
agency, including its regulations.

- includes memoranda or statements concerning


the internal administration or management of an agency not affecting the
rights or procedure available to, the public.
Rule-making- an agency process for the formulation,
amendment, or repeal of a rule
Administrative regulations- intended only to implement
the law and to carry out legislative policy
o Smart Comm., Inc. v. NTC
Quasi-Legislative or Rule- Making Power

Quasi-judicial or Administrative Adjudicatory

Power
1. the power to make rules and regulations which the power to hear and determine question of fact to
results in delegated legislation that is within the w/ch the legislative policy is to apply and to decide in
confines of the granting statute and the doctrine of non- accordance with the standards laid down by the law
delegability and separability of powers
itself in enforcing and administering the same law
2. rules and regulationswhen it performs in a judicial manner an act which is
a. products of a delegated legislative power
essentially of an executive or administrative nature,
b. little laws
where the power to act in such manner is incidental to
c. may be reviewed and nullified by the courts if found or reasonably necessary for the performance of the
to have been issued not in compliance with the
requisites for their validity

executive or administrative duty entrusted to it

Requisites:
i. germane to the objects and purposes of the law
ii. in conformity with the standards prescribed by law.
Note: the details and manner of carrying statute out are
oftentimes left to the administrative agency entrusted
with their enforcement (Commissioner of Internal
Revenue v. Solidbank Corporation)
3. in case of conflict between a statute and administrative officers or bodies- required to
administrative order, STATUTE prevails
investigate facts or ascertain the existence of facts, hold
hearings, weigh evidence, and draw conclusions from
them as basis for their official action and exercise of
discretion in a judicial nature

o Eastern Telecommunications Phils., Inc. v. International


Comm. Corp.: quasi-legislative power- issuance of
provisional permits or authority on the basis of its
determination on the applicants compliance with the
requirements it has promulgated; quasi-judicial power- if an
issue arises from said determination, a resolution of said
contest would partake such nature
o Sta. Rosa Realty Devt Corp. v. Amante: TWO-FOLD
JURISDICTION OF DAR- 1) executive- pertains to the
enforcement and administration of the laws, carrying them into
practical operation and enforcing their due observance, 2)
judicial- involves the determination of rights and obligations of
the parties
o Laguna Lake Devt Authority v. CA: the legislature cannot by
its mere declaration make a private business or something a
public utility which is not in fact as such
Legislative Power
Quasi-legislative Power
1. the discretion to determine what the law shall be the discretion to determine how the law shall be enforced
2. it cannot be delegated
no valid objection can be made as to delegation
3. government by legislation
Government by bureaucracy

o Tio v. VRB: delegation can be made if it is merely a


conferment of authority or discretion as to its execution,
enforcement and implementation
o PAL Inc., v. Civil Aeronautics Board: a franchise may be
derived indirectly from the State through a duly designated
agency even to agencies other than those legislative nature

Note: the privileges conferred by grant of local authorities as


agents for the State constitute as much as

legislative
franchise as though the grant had been made by an act of the Legislature

o Associated Comm., & Wireless Services-United Broadcasting


Networks v. NTC:
Certificate of Public Convenience
Franchise
form of regulation through the administrative agencies grant of privilege from the sovereign power

- Source: legislature

Notes: 1) the delegation should be canalized within


banks
that
keep
it
from

overflowing (Schecter Poultry v.

the
US)

2) a surrender of a legislative power to the


delegate is prevented

3) the legislature is not reqd to provide a detailed


standards for administrative

action

- Tests of Delegation
1. completeness test

The law must:


a. be complete in all its terms and
conditions
o U.S v. Ang Tang Ho: the law does not specifically define what
such temporary and emergency measures shall remain in force
and effect, or when they shall take effect.
b. offer a sufficient standard to 1) specify
the limits of the delegates authority, 2)
announce the legislative policy, and 3)
specify the conditions under which it is
to be implemented
o Calalang v. Williams: Accepted sufficient standards- 1)
public interest, 2) simplicity, 3) economy and efficiency and 4)
public welfare
o Ynot v. IAC: may see fit- consists of a roving commission,
thus invalid delegation of legislative power

2. sufficient standard test- standard must be fixed,


the limits of which are sufficiently determinate or
determinable---to which the delegate must
conform in the performance of his functions
Sufficient standarda. one which defines legislative policy;
b. mark its limits
c. maps out its boundaries
d. specifies the public agency to apply it
e. indicates the circumstances under
which the legislative command is to be
effected

II. quasi-judicial power or adjudicatory function


- the power of adjudication, enables the administrative

body to resolve, in a manner essentially judicial,


factual and sometimes even legal questions
incidental to its primary power of enforcement of
the law
- jurisdiction of the administrative body in applying a
rule for the past
- private in nature
- the power of the administrative authorities to
make determination of facts in the performance
of their official duties and to apply the law as
they construe it to the facts so found
- incidental to their main function, w/ch is the
enforcement of law
o Abakada Guro Party List v. Ermita
Judicial Power
Quasi-judicial Power
1) question of law first, then question of fact
question of fact, then question of law
2) the executive acts last, after the judgment is made the executive acts first, with the courts acting later,
and all the legal questions are settled
whenever warranted, to review its legal findings
Note: administrative officers can interpret and apply
the law to the facts ascertained by them but such
determination is subject to review by courts
eg. NLRC- its decisions are reviewable on certiorari
by the CA, and eventually by the SC

- Source: 1) incidental to the power of regulation


vested in the administrative body, 2) expressly
conferred by the legislature through specific
provisions in the charter of agency
- Rationale: to enable the administrative officers to
perform their executive duties
- quasi-judicial- merely a convenient way of
approving the exercise of judicial power by an
administrative officer
- Determinative powers:
1. enabling powers- those that permit the doing of
an act which the law undertakes to regulate and
which would be unlawful without the
government approval

eg.
a) issuance of licenses to engage in a
particular business or operation

b) power of the SEC to approve the articles


of incorporation and by-laws

of a
corporation

c) MTRCB to allow the public exhibition of


a movie

d) fire or municipal authorities to permit the


occupancy of a newly

constructed
building
2. directing powers- order the doing or
performance of particular acts to ensure
compliance with the law and are often exercised

for corrective purposes

eg.
a) DENR- may require factories to use
certain
chemicals
to
protect
the

environment

b) DOT- may call on common carriers to


install specific safety devices to

prevent
accidents or special seats for the handicapped or disabled

c) NLRC- may compel an employer to


reinstate

an
illegally
dismissed

employee and pay him damages


Kinds:
(1) dispensing- allows the administrative
order to relax the general operation of a
law or exempt from the performance of
a general duty

eg.
a) a student excused from P.E

for health reasons

permitted by the

board
to
remain
in

relieved
of

civil status or occupation

b) when residential buildings are

zoning
an
area
designated
as

commercial or industrial

c) when persons of draft age are


a
combat

duty because of their

o Commission on Elections v. Espanol: the Commission has the


authority to grant immunity from suit to those who have
committed election offenses but volunteered to give information
and
testify
to
any
violation
of
election
laws.

(2) summary- those involving the use by


administrative authorities of force upon
persons or things without the necessity
of previous judicial warrant

eg.
a) padlocking by the mayors
office
of
filthy
restaurants

or
movie
houses
exhibiting obscene movies

b) shooting down a mad dog on


the loose

c) taking over by the BSP of


mismanaged banks

d) confiscation by the customs


authorities
of
articles

which are prohibited per


se
(3) examining- enables administrative
body to inspect the records and

premises, and investigate the activities,


of persons or entities coming under its
jurisdiction (ISIC-BIW-PFP)
i. issuance of subpoenas
ii. swearing in of witnesses
iii. interrogation of witnesses
iiii. calling for production of books,
papers and records
v. requiring that books, papers and
records be made available for
inspection
vi. inspection of premises
vii. requiring written answers to
questionnaires
viii. requiring periodic or special
reports
ix. requiring the filing of statements
x. requiring physical and medical
examinations in certain cases

- allows many administrative agencies


to actually 1) conduct

hearings, 2) issue
writs of preliminary injunction and 3) punish for contempt

Chapter 4
QUASI-LEGISLATIVE POWER
Effect of the rule-making power of the administrative body:
- the active power of the State from its source to the point of
application

Meaning: to apply the law and so fulfill the mandate of the


legislation
Kinds of Administrative Regulations

Legislative
Interpretative
1) designed to provide guidelines to the law which the matter of subordinate legislation, designed to
administrative agency is in charge of enforcing
implement a primary legislation by providing the
details thereof
2) accorded by the courts or by express provision of those which purports to do no more than interpret the
statute the force and effect of law immediately going statute being administered, to say what it means
into effect
3) how:
constitute administrators construction of a statute
i. supplementing the statute
ii. filling in the details
Note: it is the statute and not the regulation which the
iii. making the law
individual must conform
iiii. usually acting in pursuant to a specific
delegation of legislative power
4) issued by the administrative body pursuant to a valid issued by the administrative body as an incident of its
delegation of administrative body pursuant to a valid power to enforce the law and is intended merely to
delegation of legislative power
clarify its provisions for proper observance by the
people
5) intended to have the binding force and effect of a merely persuasive and is received by the courts with
law enacted by the legislature itself

much respect but finality

Classifications of Legislative Regulation


Supplementary
Contingent
1) intended to fill in the details of the law and to make it is issued upon the happening of a certain contingency
explicit what is only general
which the administrative body is given the discretion:
to determine or to ascertain, under
and pursuant to law, some
circumstances on which the law,
by its own terms, makes its own
action depend; or
to find facts or conditions properly
prescribed under which a law as
passed will or will not operate
Effect: applying/suspending a
law
2) purpose- to enlarge upon a statute, subject only to
the standards fixed therein, to ensure its effective
enforcement in accordance with the legislative will

Requisites of Valid Administrative Regulation (P-SAR):


(1) Its promulgation must be authorized by the legislature.

Authority to promulgate the regulation- usually conferred by


the following:
a) the charter itself of the administrative body; or
b) the law it is supposed to enforce

GENERAL RULE: a regulation is binding on the


courts

EXCEPTION: if it is in contravention with the


standards that the law prescribes
o Araneta v. Gatmaitan: By virtue of his constitutional power