ADMINISTRATIVE LAW CHAPTER I INTRODUCTION GENERALLY

Administrative law law that controls, or is intended to control, the administrative operations of government (pertinent law: Administrative Code of 1987) The provisions of the Administrative Code cover: 1. Internal administration legal aspects of public administration 2. External administration legal relations between administrative authorities and private interests

ADMINISTRATIVE FRAMEWORK
At the apex of the administrative framework of the Republic of the Philippines is the Government of the Republic. Government of the Republic of the Philippines the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including: 1. Various arms through which political authority is made effective 2. Agencies and instrumentalities thereof Agency (of the Government) any of the various units of Government, including a department, bureau, office, instrumentality, government-owned or controlled corporation, or a local government or a district unit therein Instrumentality 1. Any agency of the National Government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with corporate powers, administering special funds, and enjoying operational autonomy (usually through charter); includes regulatory agencies, institutes and government-owned and controlled corporations 2. Anything used as a means or agency Agencies or instrumentalities of the Government are either 1. Incorporated vested by law with a judicial personality distinct from the personality of the Republic (e.g. NAPOCOR, NHA, Philippine National Oil Company) 2. Non-incorporated not vested with a juridical personality distinct from the Republic, endowed by law with some if not all corporate powers (Sugar Regulatory Commission - not a GOCC, but an agency under the Office of the President) Incorporated and non-incorporated agencies or instrumentalities are all agents/delegates of the Republic of the Philippines which is, by itself, a body corporate and juridical person vested with the full panoply of powers and attributes which are compendiously described as legal personality When term expires: 1. Incorporated agency: has consequences which must be looked for in the charter of

KINDS OF ADMINISTRATIVE LAW

Administrative law is of four (4) kinds: 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, orders of such administrative authorities in pursuance of the purposes for which administrative authorities were created/endowed 4. Determinations, decisions, orders of such administrative authorities in the settlement of controversies arising in their particular fields Administrative Code of 1987 + Revised Administrative Code provisions not inconsistent with the 1987 Code General laws, and as between the codes and special legislations on specific subject matters, latter prevails over the former (StatCon: General legislation must give way to special legislation on same subject, must generally be interpreted as to embrace only cases where the special provisions are not applicable) Administrative functions those which involve: 1. The regulation and control over the conduct and affairs of individuals for their own welfare 2. The promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence

the agency and, as supplement, in the provisions of the Corporation Code 2. Non-incorporated agency: powers, duties and functions as well as assets and liabilities revert back to and are re-assumed by the Republic in the absence of special provisions of law specifying some other disposition thereof Chartered institution any agency organized or operating under a specific charter, and vested by law with functions relating to specific constitutional policies or objectives (e.g. state universities/colleges, monetary authority of the State) Administration aggregate of those persons in whose hands the reins of government are for the time being

Reorganization 1. Process of restructuring the bureaucracys organizational and functional set-up, to make it more viable in terms of the economy, efficiency, effectiveness and make it more responsive to the needs of the public as authorized by law 2. The means used by the legislature to reorganize or abolish offices 3. Executed by law, directly, or by delegation to an executive department/agency 4. Applies to all offices, including lower courts, except only those created by the Constitution itself

REASONS FOR CREATION ADMINISTRATIVE AGENCIES

OF

CREATION AND ABOLITION OF AGENCIES

Public office 1. Right, authority, and duty, created and conferred by law, by which, for a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of government, to be exercised for the benefit of the public 2. Refers to either of two concepts: a. As functional unit of government (departments, bureaus) b. Position held or occupied by individual persons, whose functions are defined by law or regulation A public office is a public trust/responsibility, and embraces the idea of term, duration, emoluments, powers and duties. A public office is created by the Constitution or by law or by an officer or tribunal to which the power to create the office has been delegated by the legislature. Creation of public offices is primarily a legislative function.

There are no less than fifty (50) administrative agencies performing administrative, executive, investigative, or quasi-judicial power, or a combination of these. Administrative agencies are government bodies charged with administering and implementing particular legislations. The reasons for these specialized administrative agencies are: 1. To unclog court dockets 2. To meet the growing complexities of modern society 3. To help in the regulation of ramified activities of a developing country 4. To entrust to specialized agencies in specific fields with their special knowledge, experience and capability the task of dealing with problems thereof The most common types of administrative bodies may be classified as follows: 1. Wherein the government is offering some gratuity, grant, or special privileges (Board on Pensions for Veterans, GSIS, SSS) 2. Wherein the government is seeking to carry on certain governmental functions (BIR, BOI, Central Bank, CSC) 3. Wherein the government is performing some business service for the public (PNR, Civil Aeronautics Administration, Bureau of Posts) 4. Wherein the government is seeking to regulate business affected with public interest (Philippine Patent Office, Office of the Insurance Commissioner) 5. Where the government is seeking under the police power to regulate private businesses and individuals (SEC, BFI, PRC)

POWER TO REORGANIZE INCLUDES POWER TO CREATE OR ABOLISH OFFICES

The legislature usually exercises the power to create or abolish by delegating it to the President or to another executive officer/body. The means by which the legislature makes the delegation is by authorizing reorganization.

6. Where the government is seeking to adjust individual controversies because of some strong social policy involved (NLRC, Court of Agrarian Relations) 7. Where the government is seeking to conduct investigations and gather evidences for information, recommendation or prosecution of crimes (CHR, NBI, Prosecutors Office)

A public official exercises power within the law which grants it. There is no presumption that they are empowered to act. There must be a delegation of such authority. Departmental zeal may not be permitted to outrun the authority granted by statute. GR: A public official must locate in the statute relied upon a grant of power, express or implied from the wording of the law, before he can exercise it XPN: Constitutional officials trace their competence to act to the fundamental law itself An administrative officer has only such powers as are 1. Expressly granted to him 2. Necessarily implied in the exercise thereof

CHAPTER II POWERS OF ADMINISTRATIVE AGENCIES A. IN GENERAL GENERALLY

Basic corollary principle of the allocation of powers into the three branches of government, designed to prevent concentration of powers 1. Separation of powers 2. System of checks and balances As a rule, the doctrine of separation of powers prohibits the delegation of legislative power, the vesting of judicial officers with non-judicial functions, as well as the investing of non-judicial officers with judicial powers. However, no one branch can act without any participation or check from the other branches, which the Constitution recognizes and permits.

GRANT OF JURISDICTION AND WHAT IS IMPLIED THEREFROM

Jurisdiction to hear and decided cases which involves the exercise of adjudicatory power, is conferred only by the Constitution or statute. An administrative agency cannot grant jurisdiction to decide a particular matter by issuing the appropriate rules and regulations in the exercise of its quasi-legislative power, where the enabling statute does not so confer. Jurisdiction cannot be implied from the language of a statute, in the absence of a clear legislative intent to that effect. Problems as to whether an administrative agency has jurisdiction over certain matters arise when the language of the law is not clear. The grant of judicial or quasi-judicial power to try actions carries with it all necessary and incidental powers to employ all writs, processes and other means necessary to make its jurisdiction effective.

VESTURE OF CONSTRUED

POWERS

LIBERALLY

In determining whether an administrative agency has certain powers, the inquiry should be from the law itself and the authority given should be liberally construed in the light of the purposes for which it was created. Liberal construction is adopted to enable administrative agencies to discharge their assigned duties in accordance with the legislative purpose or intent.

C. MINISTERIAL AND DISCRETIONARY POWERS MINISTERIAL POWER

Ministerial duty one which is so clear and specific as to leave no room for the exercise of discretion in its performance; requires neither the exercise of official discretion or judgment

B. EXPRESS AND IMPLIED POWERS GENERALLY

Public officials possess powers, not rights; there must be a grant of authority, express or implied, to justify their actions. In the absence thereof, what they do as public officials lacks validity and, if challenged, must be set aside.

DISCRETIONARY POWER
Discretion

1. Faculty conferred upon an official by which he may decide a question either way and still be right 2. When applied to public functionaries, means a power or right conferred upon them by the law of acting officially, under certain circumstances, uncontrolled by the judgment or consciences of others Discretionary duty- one which by its nature requires the exercise of judgment; if the law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed If the law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed, such duty is discretionary. GR: a discretion entrusted to a public officer may not be delegated, the presumption being that he was chosen because he was deemed fit and competent to exercise that judgment and discretion XPN: When the power to substitute another in his place has been given to him

Mandatory statute commands either positively that something be done, or performed in a particular way, or negatively, that something be not done, leaving the person concerned no choice in the matter except to obey Directory statute permissive or discretionary in nature and merely outlines the act to be done in such way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained

WHEN MANDATORY OR DIRECTORY

There is no universal rule by which directory provisions in a statute may in all circumstances be distinguished from those which are mandatory. In the determination of this question, the primary object is to determine legislative intent, to be obtained from all the surrounding circumstances. The language of a statute, however mandatory in form, may be deemed directory whenever the legislative purpose can best be carried out by such construction; but the construction of mandatory words as directory should not be lightly adopted and never where it would in fact make a new law instead of that passed by the legislature.

MINISTERIAL POWER DISTINGUISHED FROM DISCRETIONARY POWER

The distinction above is important to determine what remedy may be availed of by an aggrieved party against the non-performance of duty by the officer. 1. If duty is ministerial mandamus may lie to compel performance 2. If duty is discretionary certiorari may lie when there is grave abuse of discretion amounting to lack of jurisdiction on the part of the official/administrative agency

TEST TO DETERMINE NATURE STATUTE AND THAT OF POWER

OF

E. ERRORS IN EXERCISE OF POWERS

GOVERNMENT NOT BOUND BY ERRORS OF PUBLIC OFFICERS

D. MANDATORY AND PERMISSIVE DUTIES AND POWERS GENERALLY

The question as to whether a duty or power vested in an official/administrative agency is mandatory or permissive depends upon the kind of statute which granted such power. GOVERNMENT IS NOT MISTAKES OF OFFICERS ESTOPPED BY

PRESUMPTION OF REGULARITY CHAPTER III POWER OF CONTROL, SUPERVISION AND INVESTIGATION A. PRESIDENT AS CHIEF EXECUTIVE AND ADMINISTRATIVE OFFICER GENERALLY EXECUTIVE POWER OF THE PRESIDENT

MANDATORY AND DIRECTORY POWERS OR DUTIES, GENERALLY

The law defines whether a function/power vested in an official/administrative agency is mandatory or directory.

PRESIDENTS POWER OF CONTROL DOCTRINE OF QUALIFIED POLITICAL AGENCY BY AUTHORITY OF THE PRESIDENT LIMITATIONS ON THE PRESIDENTS CONTROL POWER PRESIDENTS CONTROL OF SUPERVISION CONTROL, SUPERVISION AND REVIEW BY OTHER EXECUTIVE OFFICIALS B. POWER OF INVESTIGATION GENERALLY NOTICE AND HEARING IN INVESTIGATION EXECUTIVE POWER OF INVESTIGATION INVESTIGATORY POWERS, AS INCIDENTS OF MAIN FUNCTION INVESTIGATORY POWER AS MAIN FUNCTION INVESTIGATORY OMBUDSMAN POWERS OF THE

DISTINGUISHED POWER

FROM

QUASI-JUDICIAL AND HEARING

RIGHT TO NOTICE DISTINGUISHING FEATURE

KINDS OF RULE-MAKING POWER B. DELECATION OF LEGISLATIVE POWER DELEGATION OF LEGISLATIVE REASONS THEREFORE WHAT CANNOT BE DELEGATED WHAT MAY BE DELEGATED TESTS TO DELEGATION DETERMINE VALIDITY OF POWER;

COMPLETENESS TEST SUFFICIENT STANDARD TEST WHEN STANDARD SUFFICIENT THERE IS NO UNIFORM APPLICATION OF STANDARD STANDARD FIXED CANNOT BE ENLARGED NOR RESTRICTED WHEN STANDARD INSUFFICIENT USUAL ISSUES ON VALIDITY OF DELEGATION RULES OR REGULATIONS, GENERALLY, REGULATIONS CANNOT ENLARGE THE LAW RESTRICT NOR

CHAPTER IV QUASI-LEGISLATIVE POWER A. IN GENERAL LEGISLATIVE POWER, GENERALLY DELEGATION OF LEGISLATIVE POWER TO THE PRESIDENT DELEGATION OF LEGISLATIVE POWER TO THE SUPREME COURT DELEGATION OF LEGISLATIVE POWER TO LOCAL GOVERNMENTS DELEGATION AS EXCEPTION TO RESTRICTION THEREON TREND IN POWER DELEGATION OF LEGISLATIVE

RULES MUST BE REASONABLE RULES CONSTITUTING AN OFFENSE WHEN RULES TAKE EFFECT DELEGATION TO ASCERTAIN RULES PROHIBITION EXCEPTIONS AGAINST RE-DELEGATION;

RULE-MAKING POWER, GENERALLY DISTINGUISHED FUNCTION FROM ADMINISTRATIVE

DELEGATION OF RATE-FIXING POWER

RATE FIXING: QUASI-LEGISLATIVE OR QUASIJUDICIAL; WHEN HEARING REQUIRED POWER TO DELEGATED FIX RATE CANNOT BE RE-

C. CONTEMPORARY CONSTRUCTION ADMINISTRATIVE RULE AND INTERPRETATION DISTINGUISHED EXECUTIVE KINDS OF CONSTRUCTION, GENERALLY;

FORMS OF INTERPRETATION PUBLICATION IS NOT REQUIRED WEIGHT ACCORDED TO CONTEMPORANEOUS CONSTRUCTION CONSTRUCTION REGULATIONS OF RULES AND

REASONS WHY CONTEMPORANEOUS CONSTRUCTION IS GIVEN MUCH WEIGHT LEGISLATIVE APPROVAL OF ADMINISTRATIVE CONSTRUCTION REENACTMENT BY LEGISLATURE WHEN CONTEMPORANEOUS CONSTRUCTION DISREGARDED ERRONEOUS CONSTRUCTION CREATES NO RIGHTS; EXCEPTIONS