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ADMINISTRATIVE LAW Chapters 1 to 3

CHAPTER I
INTRODUCTION
ADMINISTRATIVE LAW
1. The entire system of laws under which the machinery of the State
works and by which the State performs all government acts
2. The law which provides the structure of government and
prescribes its procedure; the law which controls or is intended to
control the administrative operations of the government; the law of
governmental administration
3. That part of public law which fixes the organization and
determines the competence of the administrative authorities, and
indicates to the individual, remedies for the violation of his rights
4.a. That branch of modern law under which the executive
department of government acting in a quasi-legislative or quasijudicial capacity, interferes with the conduct of the individual for the
purpose of promoting the well-being of the community, as under laws
regulating public corporations, business affected with a public
interest, professions, trades and callings, rates and prices, laws for
the protection of the public health and safety and the promotion of
the public convenience and advantage
4.b. That system of legal principles to settle the conflicting claims of
executive and administrative authority on the one hand and of
individual or private rights on the other
4.c. The law concerning the powers and procedures of administrative
agencies including specially the law governing judicial review of
administrative action
5. That part of the law which governs the organization, functions, and
procedures of administrative agencies of the government to which
(quasi) legislative powers are delegated and (quasi) judicial powers
are granted, and the extent and manner to which such agencies are
subject to control by the courts

Habana Notes 2014-2015

Professor: Atty. Gallant Soriano

ADMINISTRATIVE AUTHORITIES
All those public officers and organs of the government that are
charged with the amplification, application and execution of the law,
but do not include, by virtue of the doctrine of the separation of
powers, Congress and the regular courts.
ELEMENTS OF ADMINISTRATIVE LAW (Pound Definition)
1. Branch of Public Law
2. Executive Department
3. Quasi-Legislative & Quasi-Judicial Capacity
4. Interferes with Conduct of Individual
5. Promotion of Well-being of the community
ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW
1. RECOGNITION AS DISTINCT CATEGORY OF LAW
Under the Anglo-American system, administrative law is not one of
the traditionally recognized parts of the law. However, it is only in the
last few decades with the rapid expansion of administrative agencies
and their increased functions that a substantial body of jurisprudence
has developed in the field and general recognition has been given to
administrative law as a distinct category of law
2. MULTIPLICATION OF GOVERNMENT FUNCTIONS
Originally, the government had but few functions as there were but
few activities to regulate and control. But as modern life became
more complex, the subjects of government regulations
correspondingly increased, which, in turn caused a multiplication of
government functions, necessitating an enormous expansion of
public administration. And so the legislature had to create more and
more administrative bodies, boards or tribunals specialized in the
particular fields assigned to them and to which the legislature and
the courts were found out not to be equipped to administer properly
and efficiently
3. GROWTH AND UTILIZATION OF ADMINISTRATIVE AGENCIES
Administrative law developed as the natural accompaniment of the
growth of administrative agencies and their utilization in response to
the needs of a changing society

ADMINISTRATIVE LAW Chapters 1 to 3

(A) It has developed from a combination of forces, some pressing on


the legal system from without, and some others from within, and it is,
in effect, a major response of the law to the complexities of a modern
age. To a large extent, administrative law has developed in response
to the need for broad social or governmental control over complex
conditions and activities which in their detail cannot be dealt with
directly in an effective manner by the legislature or the judiciary. It
has as its dominant purpose the promotion and conservation of the
interests and convenience of the public
(B) The theory which underlies a good part of administrative law is
that the issues with which it deals ought to be decided by experts,
and not by a judge, at least not in the first instance, or until the facts
have been sifted and arranged
4. FUSION OF DIFFERENT POWERS OF GOVERNMENT IN
ADMINISTRATIVE AGENCIES
Administrative law, then, resulted from the increased functions of
government, the recent tremendous growth in administrative
agencies, and the fact that the agencies created in this period of
growth were much more than conventional administrative officials
such as had existed under earlier legislation
(A) With their extensive investigation, rule-making, and adjudicating
powers, these administrative agencies represent a provocative
fusion of different powers of government
(B) They are vested with the power to promulgate rules and
regulations to better carry out some legislative policies, and to decide
on controversies within the scope of their activities. The laws which
created administrative agencies, the rules and regulations
promulgated y them, and the body of decisions that they have from
time to time rendered in the adjudication of cases brought before
them, now constitute the bulk of administrative law
5. A LAW IN THE MAKING
Administrative law is still in its formative stages and is being
developed as part of our traditional system of law. The administrative
process and its agencies are newcomers in the field of law but
administrative agencies are now established as very important

Habana Notes 2014-2015

Professor: Atty. Gallant Soriano

tribunals in the administration of justice, making decisions sometimes


of vast importance and equal to matters determined by the courts
A substantial part of the principles of administrative law in the
Philippines is derived from American and English jurisprudence on
this branch of law. It has persuasive, though not controlling, force in
our jurisdiction.
ADMINISTRATIVE PROCESS
It includes the whole of the series of acts of an administrative agency
whereby the legislative delegation of a function is made effectual in
particular situations
It embraces matters concerning the procedure in the disposition of
both routine and contested matters, and the matter in which
determinations are made, enforced and reviewed
ADVANTAGES OF ADMINISTRATIVE PROCESS
1. ADVANTAGES OF ADMINISTRATIVE ADJUDICATION AS
COMPARED WITH EXECUTIVE ACTION
Congress has resorted to the administrative process as an
alternative to executive action not only in the matter of benefits
(patents, public lands, and social security), but also in the fields of
tax administration, labor relations, public utilities and securities
market regulations, and others
2. LIMITATIONS UPON THE POWERS OF COURTS
Congress has entrusted the administration of some laws to
administrative agencies in cases where such functions involve
discretion with respect to future conduct and hence, will not be
undertaken by the courts
3. TREND TOWARDS PREVENTIVE LEGISLATION
The desire for more effective and more flexible preventive remedies
has been a factor in the creation of many administrative agencies
4. LIMITATIONS UPON EFFECTIVE LEGISLATIVE ACTION
Instead of delegating rule-making power, Congress could, in
principle, incorporate regulatory details into the statutes. But even in
such cases, and aside from the comparative advantages of

ADMINISTRATIVE LAW Chapters 1 to 3

Professor: Atty. Gallant Soriano

congressional and administrative action, there are limitations


inherent in the legislative process which make it a practical
impossibility for Congress to do all the things it theoretically could do
If Congress failed to delegate wide powers to administrative
agencies, it might lose itself in details to the detriment of its
indispensable functions of determining basic policy and holding
administrative agencies accountable for net results

CRITICISMS ON ADMINISTRATIVE ACTION

ADVANTAGES

DISADVANTAGES

Gives room for prompt and


preventive action/remedy

Tendency towards arbitrariness


- results to abuse

Cost-efficient proceedings and


speedy delivery
- representation by counsel is not
required

Lack of legal knowledge and


aptitude in sound judicial
technique
- results to errors in judgment

In the former case, there would be no uniformity in the policy of


initiation whereas in the latter case, individuals would bear a burden
and expense which, rightly or not, the policy of modern government
imposes upon them. On the other hand, a single administrative
agency can assume the responsibility for enforcement and can
develop, subject to judicial review, uniform policies in the carrying out
of that responsibility

Accountability and responsibility


due to the trust and confidence
reposed by political patrons

Susceptibility to political bias or


pressure, often brought about by
uncertainty of tenure
- results to political patronage,
which affects impartiality and
compromise independence

6. ADVANTAGES OF CONTINUITY OF ATTENTION AND


CLEARLY ALLOCATED RESPONSIBILITY
Administrative agencies have the time and facilities to become and
to remain continuously informed, and they can be given unified
responsibility for effectuating the broad policies laid down by
Congress

Not restricted/governed by
technical rules and procedures
- dispose cases more
expeditiously, which then
prevents an influx of cases to
regular courts

Disregard for the safeguards that


insure a full and fair hearing

7. NEED FOR ORGANIZATION TO DISPOSE OF VOLUME OF


BUSINESS AND TO PROVIDE THE NECESSARY FUNDS

Flexibility

Absence of standard rules of


procedure suitable to the
activities of each agency
- results to inconsistency

Continuity of attention & clearly

Dangerous combination of

5. LIMITATIONS UPON EXCLUSIVELY JUDICIAL


ENFORCEMENT
Even where Congress could rely upon the courts for enforcement of
its policies, the many courts would vary in their application of the law.
Since the courts could not take the initiative in enforcement, that
initiative would fall to the many prosecutors or law enforcement
agencies, or, to private individuals

Habana Notes 2014-2015

ADMINISTRATIVE LAW Chapters 1 to 3

allocated responsibility results to


technical expertise on particular
fields

Habana Notes 2014-2015

Professor: Atty. Gallant Soriano

legislative, executive, and judicial


functions
- results to totalitarian powers

ADMINISTRATIVE LAW Chapters 1 to 3

CHAPTER II
NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES
ADMINISTRATIVE AGENCY
The term used generally to describe an agency exercising some
significant combination of executive, legislative, and judicial powers.
It is a government body charged with administering and
implementing particular legislation
(1) It covers boards, commissions, divisions, bureaus, and
departments, and the somewhat less familiar designations of office
and authority
(2) The term is usually employed to denote the functionaries with
which administrative law is concerned
NATURE OF ADMINISTRATIVE AGENCIES
To a large extent, the status and character of administrative
agencies depend on the terms of the constitutional or statutory
provisions creating them and the powers, rights, duties, liabilities, or
functions conferred on them.
1. AS PUBLIC OR GOVERNMENTAL AGENCIES
While their exact status and character are thus variable, generally
they may be said to be agencies of the state or government
(A) They represent no private interests of their own
(B) They have authority to act with the sanction of the
government
(C) They form the agency take, or the function it performs is not
determinative of the question whether it is an agency,
although it may be significant with respect to other related
questions
2. AS JUDICIAL BODIES OR COURTS
Administrative agencies are not courts or part of the judicial system
in a strict sense
(A) The mere fact that a statute setting up a commission and the
rules of procedure adopted by such commission provide a
mode of procedure conforming in many respects to the
regular practice of courts, or the fact that the commission
possesses and exercises certain powers and functions

Habana Notes 2014-2015

Professor: Atty. Gallant Soriano

resembling those conferred upon and exercised by courts,


does not in itself render the commission a court
a. Administrative agencies cannot exercise purely
judicial functions, do not have the inherent powers of
a court, are not bound in their proceedings by all the
rules applicable to proceedings in court, and do not
come within the statute prohibiting injunction to
constitute courts or against proceedings in any
court of a state
b. Certain administrative agencies may be held not to
constitute courts or judicial bodies because their
function is not to adjudicate impartially but to
represent a public interest, because of their
investigatory and inquisitorial powers, or because
they exercise commingled legislative, executive, and
judicial functions
(B) Administrative agencies exercising adjudicatory powers are
judicial bodies or courts in a broad sense. They exercise
powers judicial in nature and perform the same functions as
a court would perform in their absence, and their
proceedings partake of the nature of judicial proceedings
(C) Administrative agencies are primarily regulatory even if it
conducts hearings and decides controversies to carry out
this duty. On the other hand, the primary duty of a judicial
body is to adjudicate upon and protect the rights and
interests of private parties and to that end, construes and
applies the law
3. AS LEGISLATIVE OR EXECUTIVE AGENCIES
While administrative agencies are separable from the judicial branch
of the government, at least by a quasi, they are not in all instances
clearly attributable to either of the other 2 branches
(A) Administrative agencies may be said to be arms and
instrumentalities of the legislative branch of the government,
and may perform functions of a legislative or quasilegislative character, although they are without legislative
power in the strict sense.
4. AS INDEPENDENT OR SUBORDINATE BODIES
A body whose actions are subject to administrative review

ADMINISTRATIVE LAW Chapters 1 to 3

5. AS CORPORATE BODIES OR LEGAL ENTITIES


With legal capacity to sue and be sued in courts
MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES
1. SIZE
2. SPECIALIZATION
3. RESPONSIBILITY FOR RESULTS
4. VARIETY OF ADMINISTRATIVE DUTIES
NOTE: The consequence for such characteristics is the delegation of
function and authority
TYPES OF ADMINISTRATIVE AGENCIES
1. Those created to function in situations wherein the government is
offering some gratuity, grant, or special privilege
2. Those set up to function in situations wherein the government is
seeking to carry on certain functions of government
3. Those set up to function in situations wherein the government is
performing some business service for the public
4. Those set up to function in situations wherein the government is
seeking to regulate business affected with public interest
5. Those set up to function in situations wherein the government is
seeking under the police power to regulate private businesses and
individuals
6. Those set up to function in situations wherein the government is
seeking to adjust individual controversies because of/imbued with
some strong social policy involved

Professor: Atty. Gallant Soriano

B. SPECIAL BODIES OR AGENCIES


1. Constitutional Commissions
a. Civil Service Commission
b. Commission on Elections
c. Commission on Audit
* Office of the Ombudsman
* Commission on Human Rights
ORGANIZATION OF THE OFFICE OF THE PRESIDENT
A. OFFICE OF THE PRESIDENT PROPER
1. Private Office
2. Executive Office
3. Common Staff Support System
4. Presidential Special Assistants/Advisers System
B. AGENCIES UNDER THE OFFICE OF THE PRESIDENT
DEPARTMENT
An executive department created by law, which includes any
instrumentality having or assigned the rank of a department,
regardless of its name or designation
BUREAU
Any principal subdivision or unit of any department. It shall include
any principal subdivision or unit of any instrumentality given or
assigned the rank of a bureau, regardless of actual name or
designation, as in the case of department-wide regional offices

ADMINISTRATIVE ORGANIZATION
The administrative structure of the government including its political
subdivisions and the allocation of powers, functions, and duties to its
various units or agencies
A. TRADITIONAL BRANCHES
1. Congress Legislative Power
2. President Executive Power
3. Supreme Court, and in such lower courts as may be established
by law Judicial Power

Habana Notes 2014-2015

ADMINISTRATIVE LAW Chapters 1 to 3

CHAPTER 3
POWERS & FUNCTIONS
FUNCTION
That which one is bound to do
(e.g. regulate public transport system by LTFRB)
POWER
Means by which a function is fulfilled
(e.g. adjudicatory and rule-making powers)
SOURCES OF FUNCTIONS AND POWERS
1. Constitution Powers & Functions are defined in the constitution
(e.g. Constitutional Commissions; Art. 9)
2. Legislation left and defined by legislation
(e.g. NBI[RA157]; June 19, 1947)
3. Constitution & Legislation
(e.g. Ombudsman; Art. 9, Sec. 5 of the 1987 Constitution as well as
RA 6770, Nov. 17, 1989)
SCOPE OF POWERS
1. Administrative Officers have only such powers as are expressly
granted them by the statute and those necessarily implied in the
exercise thereof.
CASE: Makati Stock Exchange vs SEC (14 SCRA 620)

Professor: Atty. Gallant Soriano

a. Inspect Records & Premises


b. Investigate activities of persons/entitites coming
under its jurisdiction
c. Require disclosure of information by means of
accounts, records, reports, testimony of witnesses
2. Quasi-legislative/Rule-making
3. Quasi-judicial/Adjudicatory
B. AS TO DEGREE OF CHOICE
1. Discretionary
2. Ministerial
DISCRETION
The power or right conferred upon them by law of acting officially
under certain circumstances, according to the dictates of their own
judgment and conscience, and not controlled by the judgment or
conscience of others
MINISTERIAL ACT
One performed in response to a duty which have been positively
imposed by law and its performance required at a time and in a
manner or upon conditions specifically designated, not being
dependent upon the officers judgment or discretion

2. Unless Administrative Bodies are expressly empowered,


Administrative Agencies are bereft of quasi-judicial powers
CASE: Taule vs Santos
3. Laws conferring powers are liberally construed to enable
Administrative Agencies to discharge their duties in accordance with
the legislative purpose
CASE: Solid Homes vs Payawal
CLASSIFICATION OF POWERS
A. AS TO NATURE
1. Investigatory/Inquisitorial

Habana Notes 2014-2015

ADMINISTRATIVE LAW Chapters 1 to 3

Professor: Atty. Gallant Soriano

INVESTIGATORY POWERS
a. power to carry out a systematic or formal inquiry
b. on violation of laws
c. and to gather information on proposed legislation

EXTENT & SCOPE OF INVESTIGATORY POWERS

JUDICIAL FUNCTION
a. power to adjudicate
b. upon rights and obligations of parties
JUDICIAL DISCRETION
a. power to evaluate evidence submitted to it
b. on the facts and circumstances presented

SCOPE

EXTENT

CASE

Initiation of
Investigation
(examine,
explore, inquire)

On complaint
or own
motion

Villaluz vs
Zaldivar
(15 SCRA
710)

Conduct of
Investigation
(audit, physical
investigation,
monitor)

May be held
in private

Ruiz vs
Drilon
(209 SCRA
695)

TEST OF JUDICIAL FUNCTION


a. It is not the exercise of judicial discretion
b. but the power and authority to adjudicate
c. upon the rights and obligations of parties before it
PRINCIPLES OF INVESTIGATORY POWERS
1. To investigate is NOT to adjudicate/adjudge
CASE: Cario vs Commission on Human Rights

PURPOSES OF GRANT OF INVESTIGATORY POWERS

Informationgathering

Sec. 18, Art. 13 of the 1987


Constitution
Sec. 1, RA 157

CHR
NBI

Prosecution
Purposes

Sec. 13, Art. 11 of the 1987


Constitution

Public
Prosecutors
Office
Ombudsman

Aid to other
powers

Sec. 5(a & d), RA 8799

SEC

Habana Notes 2014-2015

Secretary
of Justice
vs Lantion

RATIO
Power of control
of President may
extend to power
to investigate,
suspend or
remove officers
and employees
who belong to the
executive
department
(presidential
appointees)
Respondent in
administrative
case is not
entitled to be
informed of the
findings &
recommendations
of investigating
committee
Due process
rights of notice
and hearing may
be invoked at
evaluation stage
of extradition
proceedings
Note: Sec. of
Justice vs Lantion
is an exemption
because of its
peculiarity

ADMINISTRATIVE LAW Chapters 1 to 3

Professor: Atty. Gallant Soriano

Pefianco vs
Moral

Inspection &
Examination
(routine
inspection for
enforcement of
regulations)

No search
warrant
required;
conduct
inspection
during
reasonable
hours

Camara vs
Municipal
Court
(387 US
523)

Salazar vs
Achacoso

Respondent in
administrative
case is not
entitled to be
informed of the
findings &
recommendations
of investigating
committee
There was no
emergency
demanding
immediate
access. Yet no
warrant was
obtained
No search wrrant
is required but
inspection must
be conducted
during
reasonable hours
Art. 38 of the
Labor Code
which grants the
Secretary of
Labor authority to
issue orders of
arrest, search
and seizure, is
unconstitutional
because the
Secretary is not a
judge
Probable cause
must be
determined
personally by the

Habana Notes 2014-2015

Accounts,
Records,
Reports or
Statements

Attendance of
witnesses

Access to
documents of
person being
investigated

No inherent
power to:
a) require
attendance
b) put under
oath; require
to testify
(witnesses)

Catura vs
CIR

Evangelista
vs Jarencio

judge
1. Documents
required to be
produced
constitutes
evidence of most
solid character as
to whether or not
there was failure
to comply with
mandates of the
law
2. Accounts,
Records,
Reports, or
Statements may
be required to be
delivered &
deposited with
administrative
body at the
hearing
1. Subpoena is
within legal
competence of
PARGO to issue
pursuant to
EO4(5) which
empowered it to
summon
witnesses...
relevant to the
investigation
2. It is common
for statute to
confer such
powers on
Administrative

ADMINISTRATIVE LAW Chapters 1 to 3

Hearing
(Procedures for
Conduct)

Contempt
Proceedings
(Failing to
appear/Refusing
to produce
document when
required)

May be held
but not
necessary
part of
investigation
Requisites:
1. Statutory
grant
2. AA is
performing
quasi-judicial
functions

Professor: Atty. Gallant Soriano

OCA vs
Canque

Carmelo vs
Ramos
(Sec. 580
of RAC)

Agencies
In Administrative
Agencies,
formal/trial type
hearing is not
required
Power to punish
contempt must be
expressly granted
to Administrative
Body
*Comparative
analysis of Bedol
case and
Masangcay case

Bedol vs
COMELEC
Masangcay
vs
COMELEC

Rules of
Procedure and
Evidence

Administrative
Agencies are
given wide
latitude

Angtibay vs
CIR

When COMELEC
exercises
ministerial
function, it cannot
exercise the
power to punish
contempt
because such
power is
inherently judicial
in nature
Technical Rules
of procedure and
evidence are not
strictly applied in
administrative
proceedings

Gaoiran vs
Alcala

Habana Notes 2014-2015

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