PA 323

Administrative Law
DR. GRACE MEROFLOR A. LANTAJO
Professor
 BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 292

INSTITUTING THE “ADMINISTRATIVE CODE OF 1987”

WHEREAS, the Administrative Code currently in force was first forged in 1917 when the relationship between the
people and the government was defined by the colonial order then prevailing;

WHEREAS, efforts to achieve an integrative and overall recodification of its provisions resulted in the Administrative
Code of 1978 which, however, was never published and later expressly repealed;

WHEREAS, the effectiveness of the Government will be enhanced by a new Administrative Code which incorporates in
a unified document the major structural, functional and procedural principles and rules of governance; and

WHEREAS, a new Administrative Code will be of optimum benefit to the people and Government officers and
employees as it embodies changes in administrative structures and procedures designed to serve the people;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby promulgate the Administrative Code of 1987, as follows:
INTRODUCTORY PROVISIONS

BOOK I – SOVEREIGNTY AND GENERAL ADMINISTRATION

CHAPTER 1 – The National Territory

CHAPTER 2 – The People
CHAPTER 3 – State Immunity from Suit
CHAPTER 4 – National Symbols and Official Languages
CHAPTER 5 – Operation and Effect of Laws
CHAPTER 6 – Official Gazette
CHAPTER 7 – Regular Holidays and Nationwide Special Days
CHAPTER 8 – Legal Weights, Measures and Period
CHAPTER 9 – General Principles Governing Public Officers
CHAPTER 10 – Official Oaths
CHAPTER 11 – Official Reports
CHAPTER 12 – Public Contracts and Conveyance
BOOK II – DISTRIBUTION OF POWERS OF GOVERNMENT

CHAPTER 1 – Basic Principles and Policies

CHAPTER 2 – Legislative Power
CHAPTER 3 – Executive Power
CHAPTER 4 – Judicial Power
CHAPTER 5 – Constitutional Commissions
CHAPTER 6 – Other Bodies
BOOK III – OFFICE OF THE PRESIDENT

Title I – POWERS OF THE PRESIDENT

CHAPTER 1 – Power of Control

CHAPTER 2 – Ordinance Power
CHAPTER 3 – Power Over Aliens
CHAPTER 4 – Powers of Eminent Domain, Escheat, Land Reservation and Recovery of Ill-
Gotten Wealth
CHAPTER 5 – Power of Appointment
CHAPTER 6 – General Supervision Over Local Governments
CHAPTER 7 – Other Powers
Title II – ORGANIZATION

CHAPTER 8 – Organization of the Office of the President

Title III – FUNCTIONS

CHAPTER 9 – Functions of the Different Offices in the Office of the President Proper
CHAPTER 10 – Functions of the Agencies under the Office of the President
BOOK IV – THE EXECUTIVE BRANCH

CHAPTER 1 – The Departments

CHAPTER 2 – Secretaries, Undersecretaries, and Assistant Secretaries
CHAPTER 3 – Department Services
CHAPTER 4 – Bureaus
CHAPTER 5 – Field Offices
CHAPTER 6 – Powers And Duties Of Heads Of Bureaus Or Offices
CHAPTER 7 – Administrative Relationship
CHAPTER 8 – Supervision And Control
CHAPTER 9 – Relationship Or Government-Owned Or Controlled Corporations And Regulatory Agencies To The
Department
CHAPTER 10 – Appointments and Qualifications
CHAPTER 11 – Administrative Issuances
CHAPTER 12 – Miscellaneous Receipts
CHAPTER 13 – Contracts
CHAPTER 14 – Controversies Among Government Offices and Corporations
BOOK IV
TITLE I – FOREIGN AFFAIRS BOOK V – OFFICE OF THE PRESIDENT
TITLE II – FINANCE
TITLE III – JUSTICE TITLE I – CONSTITUTIONAL COMMISSIONS
TITLE IV – AGRICULTURE A – CIVIL SERVICE COMMISSION
TITLE V – PUBLIC WORKS AND HIGHWAYS B – THE COMMISSION ON AUDIT
TITLE VI – EDUCATION, CULTURE AND C – COMMISSION ON ELECTIONS
SPORTS TITLE II – OTHER BODIES
TITLE VII – LABOR AND EMPLOYMENT A – COMMISSION ON HUMAN RIGHTS
TITLE VIII – NATIONAL DEFENSE B – OFFICE OF THE OMBUDSMAN
ITLE IX – HEALTH C – THE NATIONAL ECONOMIC AND DEVELOPMENT
TITLE X – TRADE AND INDUSTRY AUTHORITY
TITLE XI – AGRARIAN REFORM
TITLE XII – LOCAL GOVERNMENT BOOK VI – NATIONAL GOVERNMENT BUDGETING
TITLE XIII – TOURISM
TITLE XIV – ENVIRONMENT AND NATURAL BOOK VII – ADMINISTRATIVE PROCEDURE
RESOURCES
TITLE XV – TRANSPORTATION AND Final Provisions
COMMUNICATIONS
TITLE XVI – SOCIAL WELFARE AND DONE in the City of Manila, this 25th day of July, in the year of
DEVELOPMENT Our Lord, nineteen hundred and eighty-seven.
TITLE XVII – BUDGET AND MANAGEMENT
TITLE XVIII – SCIENCE AND TECHNOLOGY
Administrative Law

• Administrative law is the by-product of expanding socio-economic

functions of the State and increased powers of the government. It has
become immensely important in developed societies since the
relationship of individuals with the authorities has also become
complex.
Administrative Law
• It is that branch of public law that dictates how governmental
agencies ad offices are to work both at central and state level. It is
mostly judge made law that provides the guidelines for public
administration and ensuring public welfare. It includes the rule-
making power of administrative bodies wherein higher legislative
offices delegate their powers to ensure better administration and
implementation of rules and regulations, quasi-judicial function of
administrative agencies, legal liabilities of public authorities and
ensures that the executive wing of the democracy treats the public
fairly.
Definition of quasi-judicial

►having a partly judicial character by possession of the right to hold

hearings on and conduct investigations into disputed claims and alleged
infractions of rules and regulations and to make decisions in the general
manner of courts quasi-judicial bodies
►essentially judicial in character but not within the judicial power or
function especially as constitutionally defined quasi-judicial review
The DOJ pursues its mandate through its
agencies. These are the following:
• BUREAU OF CORRECTIONS
• BUREAU OF IMMIGRATION
• NATIONAL BUREAU OF INVESTIGATION
• PAROLE AND PROBATION ADMINISTRATION
• PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
• PUBLIC ATTORNEY'S OFFICE
• OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
• OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
• OFFICE OF THE SOLICITOR GENERAL
• LAND REGISTRATION AUTHORITY
 Administrative Body or Agency

• It is any government authority, other than a court and a legislature,

that affects the state and its citizens through rule-making,
adjudication, and implementation. Its functions are primarily
executive but it exercises some form of legislative and judicial powers.
Administrative Agencies (AAs)
▪ An agency which exercises some significant form or combination
of executive, legislative or judicial powers (“4th Branch”)
▪ All AAs are Public Offices.
▪ Include boards, commissions, departments, bureaus, offices,
authorities, government corporations, government
instrumentalities,
and local governments
▪ Rationale: complex, diverse and specialized
concerns
An administrative agency is a general term that
covers any government authority that can act as:

• an executive body that serves public interests, which is the reason

(rationale) for its existence; it shall not represent any private interests.
• a quasi-legislative body that establishes and prescribes rules and
regulations to implement the law; it shall not have absolute discretion
to determine or change the law.
• a quasi-judicial body that conducts hearings and decides on cases; it
shall not have inherent powers of a pure judicial court, and its
proceedings shall not be bound by all the rules applicable to
proceedings in court
Creation of AAs
• Constitution
• Congress (Law; GOCCs– economically viable and common good; LGUs
- plebiscite)
• President (Executive Order; by authority under the Constitution or of
law)
• Supreme Court (determines classification)
• Administrative Agencies themselves (Articles of Incorporation; by
authority of law)
• Local Governments (Ordinance; by authority of law)
Administrative Law
• Administrative law is that law which deals with the relationship
between a country’s citizens with the government. It determines the
organizational and power structure of the administration and quasi-
judicial bodies to enforce the rule of law. Administrative law is
primarily concerned with governmental and administrative actions
and process and puts in a control mechanism to prevent
administrative agencies from spiraling out of control. It is not codified
law and rather has developed over time. It ensures that the
authorities don’t misuse or abuse the powers vested in them.
Administrative Law
►All the laws and policies that regulate or control the
administrative organization and operations of the government

• It is the power of administrative authorities to make determinations

of facts in the performance of their official duties and to apply the law
as they construe it to the facts so found.
• The exercise of this power is only incidental to the main function of
administrative authorities, which is the enforcement of the law.
Classifications:
1. Internal and External Administration
2. Law that Controls and those made by
3. Administrative Agencies
3. Substantive or Procedural Administrative Law
4. General or Special Administrative Law
 Government Bureaucracy
• Administrative • Public Corporation
Agency/Government Agency • Public Office
• o Government-Owned and – • National Government Agency
Controlled Corporation (original
charter/chartered) • Quasi-Corporation
• GOCC (special charter/non- • Quasi-Public Corporation
chartered) • Municipal Corporation
• Government Instrumentality • Proper/ Local Government Unit
• Government Financial • Quasi-Municipal
Corporation Institution
 Entity Characterization
Boy Scouts of the Boy Scouts of the
Philippines Philippines
Created as corporation under Special Law (Commonwealth Act)
Juridical person under Civil Code (other corporations with public purpose)
Public function - vital role of the youth
GOCC and GI – attached agency; need not meet twin test (economic
viability and control/ ownership test)

Manila Int’l Airport Manila Int’l Airport

Authority Authority
Created under an Executive Order
GI; not a GOCC since neither stock nor non-stock
Philippine Philippine
Reclamation Reclamation
Authority Authority
Incorporated GI
Not a GOCC since not a stock nor a non-stock corporation; has capital
stock but not divided into shares
Not a GOCC since while established for common good, it does not
meet test of economic viability, not created to compete in market
place