CHAPTER 1: GENERAL CONSIDERATIONS

Administrative Law a branch of modern law which the executive department of the
government, acting in a quasi-legislative & quasi-quasi-judicial capacity, interfere with
the conduct of the individual for the purpose of promoting the well-being of the
community.
2 major powers of the administrative agency:
1. Quasi-legislative
2. Quasi-judicial
Administration is understood in two senses:
1. Institution administration is the aggregate of individuals in whose hands the reins
of the government are for the time being.
2. Function administration is the actual running of the government by the executive
authorities through the enforcement of laws and implementation of policies.
Administration vs Law
1. Law is impersonal command provided with sanctions to be applied in case of violation
while administration is preventive rather that punitive and accepted to be more personal.
2. Law maintains a watchful eye on those who would violate its order while
administration seeks to spare individuals from punishment of law by persuading him to
observe its commands.
QUARTER 2: ADMINISTRATIVE AGENCIES
Administrative Agency body endowed with quasi-legislative & quasi-judicial power
for the purpose of enabling it to carry out the laws entrusted to it for enforcement or
execution.
Administrative agency may be regarded as an arm of the legislature as it
authorizes to promulgate ruler & as a court because it performs functions of a particular
judicial character, as when it decides the factual & sometimes even legal question as an
incident of its general power of regulation.
CREATION: Constitution or Statute
ABOLITION:
If created by the CONSTITUTION itself, the administrative body can be altered or
abolished only by Constitution. But where the body was created only by
STATUTE, the legislature that breathed life into it can amend on even repeal its
charter, thereby resulting in its abolition w/c is justified if made in good faith.

CHAPTER 3
Quasi-legislature Power the authority delegated by the law-making body to the
admin body to adopt rules & regulates intended to carry out the provisions of a law &
implement legislative policy.
Quasi-judicial Power the power of the admin authorities to make determination of
facts in the performance of their official duties & to apply the law as they construe it to
the facts no found.
NON-DELEGATION OF POWER no department of the governement can abdicate
authority or escape responsibility by delegating any of its power to another body,
EXCEPT, when such delegation is authorized by Constitution.
CHAPTER 4: QUASI-LEGISLATIVE POWER
Quasi-Legislative Power the authority delegated by the law-making body to the
admin body to adopt rules & regulates intended to carry out the provisions of a law &
implement legislative policy.
Administrative regulation either interpretative of legislative
Legislative Rule in the matter of a subordinate legislation designed to implement
a primary legislation by providing the details of it.
- Accorded by courts or by express provision of statute the force & effect of law
immediately upon going into effect.
- Administrative body/agency is acting in a legislative capacity
Interpretative Rule designed to provide guidelines to the law which the administrative
agency is in charge of enforcing.
- purports to do no more than interpret the statute being administered, to say what
it means
- administrative agency is merely anticipating what must be done by the courts;
they are performing a judicial function
- inter-regulation is issued by the admin body as an incident of its power to enforce
the law & is intended merely to clarify its provisions for proper observance by the
people.
Supplementary regulation intended to fill in the details of the law and to make
explicit what is only general.
- Its purpose is to enlarge upon a statute, subject only to the standards fixed
therein, to ensure its effective enforcement in accordance w/ the legislative will.

Case: Holy Spirit Homeowners Assoc. v. Defensor

Contingent regulations it is issued upon the happening of a certain contingency
which the administrative body is given the discretion to determine or to ascertain, under
and pursuant to the law, some circumstances on which the law, by its own terms makes
its own action depend, or to find the facts or conditions properly prescribed under w/c a
law as passed will or will not operate. That is putting in effect, applying or suspending
the law.
Case: CRUZ v YOUNGBERG
Requisites of Valid Regulation
1. Its promulgation must be authorized by the legislature.
2. It must be w/in the scope of authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable.
Requisites of a valid admin regulations with penal sanction:
1. The law itself must take violation of the admin regulation punishable
2. The law itself must impose & specify the penalty for the violation of the regulation
3. The regulation must be published
First Requisite:
- authority to promulgate the regulation is usually conferred by the choir itself.
- Limitation of the rule-making power: be not in contravention with the law but
conform to the standard is pres. Cubes.
- The President can exercise the rule-making power, by virtue of his constitutional
power control; upon his subordinates in the executive department
Case: Araneta vs Gatmaitan
Second Requisite:
- regulations promulgated must not be ultra vires or beyond the limits of the
authority conferred. An admin agency cannot amend an act of congress.
- Administrative rules are intended to carry out, not supplant or modify, the law.
- The admin agency issuing their regulations may not enlarge, alter or restrict the
provisions of the law it administers; it cant engraft additional requirements not
contemplated by the legislature.
Cases: People vs Maceren, Bautista vs Juinio, CIR vs CA
Third Requisite:
- the promulgation of administrative regulations of general application does not
require previous notice & hearing, except if the legislature itself requires it and
mandates that the regulation shall be based on certain facts as determined at an
appropriate investigation.

If the regulation is for the settlement of a controversy between specific parties, it

is considered an administrative adjudication and so, will require notice & hearing
Cases: Maceda vs ERB, Philippine Consumers Foundation Inc. vs DECS, CIR vs CA
Fourth Requisite: in order not to violate due process
- Administrative authorities should not act arbitrarily and capriciously in the
issuance of rules and regulations
- Regulation must involve the public welfare and the method employed must be
reasonably related to the purposes of the rule and not arbitrary.
Case: Taxicab Operators of Metro Manila Inc. vs BOT, United States vs Panlilio
Penal Regulations
- The power to define & punish crime is exclusively legislative & may not be
delegated to the admin authorities.
- Their violation cannot give rise to criminal prosecution unless the legislature
makes such violation punishable & imposes the corresponding sanctions.