ADMINISTRATIVE LAW Condensed Notes (Carlo Cruz)

Zyra C.
CHAPTER 1- GENERAL CONSIDERATIONS Nature Dean Roscoe Pound- That 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 purpose of promoting the wellbeing of the community, as under laws regulating public interest, professions, trades and callings, rates and prices, laws for the protection of public health and safety, and the promotion of public convenience. Two major powers of the administrative agency: (1) Quasi-legislative authority or rule-making power & (2) Quasi-judicial power or adjudicatory function. Object and scope of administrative law: the regulation of public right for public welfare. Origin and Development The origin of Administrative Law is in legislation. Its justification is expediency. The increasing diffculties confonting the government has made it unable to employ with the same effectiveness the traditional powers assigned to its several branches under the doctrine of separation of powers. The solution was the delegation of power. Legislature began authorizing certain specialized bodies to lay down rules for the regulation of the matters entrusted to their jurisdiction, and to apply these rules in the adjudication of factual issues relating to these matters. These bodies grew to proportions that have led to the observation that in the legislature, delegation has become the rule and non-delegation, the exception. By delegation, the legislature is able to relieve itself of the responsibility to legislate directly on relatively minor matters and of attending as well to the adjudication of essentially factual questions that more properly pertain to the executive authorities. In this manner, the legislature can concentrate on matters of national or greater significance. Sources 1. Constitutional or statutory enactments creating administrative bodies Article 9 of the Constitution (Constitutional Commissions) Social Security Act (Social Security Commission) Administrative Code of 1987 (regular departments and bureaus of the Executive Branch) These laws establish administrative agencies and determine their organizational structures, provide for the functions and powers of their officers, and confer on them authority over quasi-judicial matters or conflicts. 2. Decisions of courts interpreting the charters of administrative bodies, and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations Aratuc vs. COMELEC Maceda vs. Energy Regulatory Board 3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created. Omnibus Rules Implementing the Labor Code (DOLE) Circulars of the Central Monetary Authority on interest rates Regulations of the Commission on Immigration & Deportation

Rules promulgated by the Securities and Exchange Commission & the Bureau of Patents, Trademarks and Tech Transfer

4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields This class refers to the adjudications of administrative agencies in the excercise of their quasi-judicial powers

Administration is understood in two senses... 1. As an Institution 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 for their prescribed terms of office. Diff from government, which is the agency or instrumentality through which the will of the State is formulated, expressed and realized. It is the administration which is transitional in nature, which actually mans the government, which is a more or less permanent fixture in every State. 2. As a Function The actual running of the government by the executive authorities through the enforcement of laws and the implementation of policies. Any activity outside of the legislation and the rendering of judicial decisions comes under administration. Administration as an activity is either internal or external 1. Internal administration Covers those rules defining the relations of public functionaries inter se and embraces the whole range of the law of public officers. So provisions regarding the qualifications, selection, powers, rights, duties and liabilities of public officers are part of Administrative Law. 2. External administration Defines the relations of the public office with the public in general. The rules do not necessarily affect the personnel of the office but are promulgated for observance by those who have dealings or transactions with said office. Distinguished from Law Law is an impersonal command provided with sanctions to be applied in case of violation...while Administration is preventive than punitive. Law is concerned only with obedience to its mandate, and not with the circumstances or excuses of the violator...Adminsitration on the other hand, persuades the individual to observe its commands. CHAPTER 2- ADMINSITRATIVE AGENCIES Definitions 1. Agency (Administrative Code)- any department, bureau, office, commission, authority or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the excercise of disciplinary power as provided by law. (Supreme Court)- any of the various units of the Government, including a department, bureau, office, instrumentality, or a GOCC or a LGU therein

2. Government instrumentality - any agency of the Natl. Govt. not yet integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some, if not all corporate powers, adminestering special funds, and enjoying operational autonomy, usually through a charter. 3. 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 4. Department -refers to an executive department created by law. 5. Bureau -refers to any principal subdivision of any department 6. Office -any position held by individuals whose functions are defined by law or regulation. 7. Instrumentality -refer to any agency of the Natl. Govt., not integrated within the department framework. 8. Authority -used to desigante both incorporated and nonincorporated agencies or instrumentalities of the government. 9. GOCC -any agency organized as a astock or non-stock corporation vested with functions relating to public needs whether governmental or proprietal in nature, and owned by the government directly or indirectly or through its instrumentalities, either wholly or where applicable, as in case of stock coprorations, to the extent of at least 51% of its capital stock On the relationship of an agency attached to a department Other relationships are (2) supervision and control; (3) administrative supervision Attachment refers to the lateral relationship between the department or its equivalent and the attached agency or coporation for purposes of policy and program coordination. Nature It may be regarded as an arm of the legislature insofar as it is authorized to promulgate rules that have the force of law by virtue of a valid delegation of legislative power. It may also be considered as a court because it performs functions of a particular judicial character as when it decides factual and sometimes legal questions as an incident of its general power of regulation. But basically, the administrative agency pertains to the executive department because its principal function is the implementation of the law, in accordance with the policies and instructions laid down by the legislature. Administrative bodies endowed with quasi-judicial prerogatives are essentially executive agencies, and are not to be considered as courts, or do not form part of the judiciary. Theoretically, the administrative agency is composed of persons who are, at the outset, or at least eventually, experts in the particular field of specialization under its jurisidction. They are appointed by law and informed by experience. Creation and Abolition

The administrative body may be created by the Constitution or by statute. If created by the Constitution itself, the administrative body can be altered or abolished only by constitutional amendment. But if created only by statute, the legislature that breathed life into it can amend or even repeal its charter, thereby resulting in its abolition, which is justified if made in good faith and not attended by grave abuse of discretion. An administrative body created by law may be reorganized pursuant to said law providing for its establishment or another law authorizing said reorganization. So long as said reorganization would not involve an abolition or transfer of offices and is carried in good faith by the person, usually the President, authorized to effect the same, the validity of the same would have to be upheld. Applying the doctrine of qualified political agency, the power of the President to reorganize the National Government may validly be delegated to his cabinet members excercising control over a particular executive department.

Advantages Administrative agencies have the advantage not only of expertise derived form specialized training and experience, but also of adaptability to change and ease in reacting to new and even emergency situations, given its flexible nature because of its rule-making authority and adjudicatory prerogatives. Unlike courts of justice, they can initiate action and not simply wait for their jurisdiction to be invoked. Relation to Regular Departments The administrative agency pertains to the executive department and so comes under the constitutional control of the President, which control cannot be withdrawn or limited even by the legislature. Given the power of control excercised by the President over the administrative agency, it cannot claim independence from the executive department. Insofar as courts are concerned, they cannot be deprived of their inherent power to decide on all questions of law, particularly if they have been initially resolved by administrative bodies only. Indeed, the courts can review, or reverse the administrative acts even of the Chief Executive. Moreover, such courts may also review the factual findings of administrative offices, sometimes by authority of law, or when necessary, under the due process clause, if such determinations have been made arbitrarily. All these, plus the fact that their rules of procedure are subject to the disapproval by the SC, make the administrative body also subservient to the judicial department. Growing view: administrative bodies now constitute a 4th and separate department coordinate with and independent of the three branches of government. Their continued existence rests on their effectivity. Their independence is founded on their competence. Their strength lies in their acceptance. They will persist so long as the general public continue sto rely on the services they offer and are satisfied with their performance of their primoridal task, i.e., the regulation of private right for private welfare. CHAPTER 3- POWERS OF ADMINISTRATIVE AGENCIES 1. Quasi-legislative Known as the power of subordinate legislation... permits the body to promulgate rules intended to carry out the provisions of particular laws. It is the power to make rules and regulations which results in delegated jurisdiction that is within the

confines of the granting statute and the doctrine of non-delegability and separability of pwers. Jurisdiction of the administrative body is quasilegislative in prescribing a rule for the future. Public in nature. It should be within the scope of the statutory authority granted by the legislature to the administrative agency. It is required that the regulation be germane to the objects and purposes of the law, and not be in contradiction to, but in conformity with the standards prescribed by law. They must conform to and be consistent with the provisions of the enabling statute in order for such rule or regulation to be valid.

to carry out a policy declared by the lawmaker is administrative and not legislative. (read grant of franchises)

Source The power to promulgate administrative regulations is derived from the legislature, by virtue of a valid delegation. This may be either expressed or implied although it is usually effected explicitly through a specific authorization. There must not be a total abdication of the legislative power to the delegate. To achieve this, the delegation must be circumscribed by legislative restrictions. Tests of Delegation In every case of permissible delegation, there must be a showing that the delegation itself is valid. It is valid only if the law (a) is complete in itself, setting forth therein the policy to be executed, carried out or implemented by the delegate; and (b) fixes a standard-the limits of which are sufficiently determinate-to which the delegate must conform in the performance of his functions. Both tests are intended to prevent a transference of legislative authority to the delegate, who is not allowed to step into the shoes of the legislature and excercise a power essentially legislative. 1. Completeness Test The law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it. If there are gaps in the law that will prevent its enforcement until they are first filled, the delegate will have the opportunity to repair the omission through the excercise of the discretion to determine what the law shall be which, is essentially and exclusively legislative. 2. Sufficient Standard Test The law must offer a sufficient standard to specify the limits of the delegates authority, announce the legislative policy and specify the conditions under which it is to implemented. The standard is usually embodied in the law itself. If not, courts will usually bend over backwards to discover it in the circumstances surrounding the enactment of the delegating staute. It is one which defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it. It indicates the circumstances under which the legislative command is to be effected. Public interest, simplicity, economy and efficiency and public welfare. The Quasi-Judicial Power It is only incidental to their main function, which is the enforcement of the law. In judicial proceedings, the executive acts last after judgement is made and all legal questions are settled... whereas in the excercise of queasi-judicial power, the executive acts first, with the ocurts acting later, whenever warranted, to review its legal findings. Even if not judges, administrative officers can interpret and apply the law to the facts as ascertained by them because this fuction is necessary to the discharge of their primary function of regulation. However, as they are not judges, their determination of legal questions is subject to review by the courts of justice. Source The quasi-judicial power is incidental to the power of regulation vested in the administrative body but is often expressly conferred by the legislature through specific provisions in the charter of the agency.

2. Quasi-judicial Known as its 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 or enforcement of the law. Jurisdiction of the administrative body is quasijudicial in applying a rule for the past. Private in nature. This is the power to hear and determine question of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. While it is a fundamental rule that an administrative agency has only such powers as are expressly granted to it by law, it is likewise a settled rule that an administrative agency has also such powers as are necessarily implied in the excercise of its express powers.

The Quasi-Legislative Power In general, rules and regulations issued by administrative or executive officers pursuant to the procedure or authority conferrred by law upon the administrative agency have the force and effect, or partake of the nature of a statute. It is an elementary rule in administrative law that administrative regulations and policies enacted by administrative bodies to interpret the law which they are entrusted to enforce, have the force of law and are entitled to great respect. These issuances are by no means iron clad norms and may be reviewed and nullified by the courts if found to have been issued not in compliance with the requisites for their validity, Administrative rule-any ahency statement of general applicability that implements a law, fixes the practice requirements of an agency, including its regulations. Rule-making- an egency process for the formulation, amendment or repeal of a rule. Distinguished from Legislative The power to issue administrative rules and regulations is different from the power to promulgate laws. Administrative regulations are intended only to implement the law and to carry out the legislative policy. The discretion to determine what the law shall be exclusively legislative and cannot be delegated. What is employed in the promulgation of administrative regulations is not this kind of discretion but the discretion to determine how the law shall be enforced. There is no impediment to the delegation to this second kind of discretion. The power to make rules

 The justification for the grant, as against the

contention that it violates the doctrine of speration of powers is that the power is needed to enable the administrative officers to perform, their executive duties.

Determinative Powers 1. Enabling powers Are those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. 2. Directing powers Are those which order the performance of particular acts to ensure compliance with the law and are often excercised for corrective purposes. 3. Dispensing powers Allow the administrative officer to relax the general operation of a law or exempt from the performance of a general duty. 4. Summary powers Are those involving the use by administrative authorities of force upon persons or things without the necessity of previous judicial warrant. 5. Examining power Enables it to inspect the activities of persons or entities coming under its jurisdiction. This includes the ff: a. Issuance of subpoenas b. Swearing in of witnesses c. Interrogation of witnesses d. Calling for production of books, papers & records e. Requiring that these docs be made available for inspection f. Inspection of premises g. Requiring periodic repots h. Requiring the filing of statements i. Conduct hearings j. Issue writs of preliminary injunction k. Punish for contempt Excercise of Powers The duties of the administrative body are generally considered discretionary, especially as they involve the interpretation, construction and enforcement of the law, and the appreciation of factual questions that may be submitted to it for resolution. In such cases, the findings of the body are generally deferred to by the other departments except only where they are arrived at with such obvious arbitrariness as to constitute a violation of due process. Some administrative duties are merely ministerial, which means that no judgement or discretion is allowed in their excercise. (Ex. Annotation of lien on Torrens Certificate by RD, giving due course to a COC duly accomplished COMELEC, COA to allow claims for salaries under certain conditions) In any event, the jurisdiction and powers of administrative agencies are limited to those expressly granted or necessarily implied from those granted in the legislation creating such bodies.