Admin Law by Agpalo (Reviewer)
Admin Law by Agpalo (Reviewer)
Admin Law by Agpalo (Reviewer)
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
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
Exercise of powers:
1. discretionary
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
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
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.
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
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
legislative
franchise as though the grant had been made by an act of the Legislature
- Source: legislature
the
US)
action
- Tests of Delegation
1. completeness test
eg.
a) issuance of licenses to engage in a
particular business or operation
of a
corporation
constructed
building
2. directing powers- order the doing or
performance of particular acts to ensure
compliance with the law and are often exercised
eg.
a) DENR- may require factories to use
certain
chemicals
to
protect
the
environment
prevent
accidents or special seats for the handicapped or disabled
an
illegally
dismissed
eg.
a) a student excused from P.E
permitted by the
board
to
remain
in
relieved
of
zoning
an
area
designated
as
commercial or industrial
eg.
a) padlocking by the mayors
office
of
filthy
restaurants
or
movie
houses
exhibiting obscene movies
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
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