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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 quasi-
judicial 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)
Sources
1. Constitutional or statutory enactments creating administrative
bodies
a. Article IX, Constitution
b. Social Security Act- established the Social Security
Commission
c. Administrative Code of 1987
2. Decisions of courts interpreting the characters of
administrative bodies and defining their powers, rights,
inhibitions, among others, and the effects of their
determinations and regulations
a. Artuc v. Commission on Elections
b. Maceda v. ERB
3. Rules and regulations issued by the administrative bodies in
pursuance of the purposes for which they were created
a. Omnibus Rules Implementing the Labor Code
b. Circulars of the Central Monetary Authority on interest
rates
c. Regulations of the Commission on Immigration and
Deportation
d. Rules promulgated by the SEC; Bureau of Patents,
Trademarks and Technology Transfer
4. Determinations and orders of the administrative bodies in the
settlement of controversies arising in their respective fields
a. Refers to the adjudications of administrative agencies in the
exercise of their quasi-judicial power
Administration
Two Senses
1. Institution- U.S v. Dorr: it 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 during their prescribed terms of office
Government Administration
- agency or instrumentality through which the will of - transitional in nature; it is a more or less permanent
the State is formulated expressed and realized fixture in every State
2. Function- it means the actual running of the government by
the executive authorities through the enforcement of laws
and the implementation of policies
As an Activity
1. Internal-
a. covers those rules defining the relations of public
functionaries inter se
b. embraces the whole range of the law of public officers
c. consists rules laid down in particular agency or office
2. External-
a. defines the relations of the public office with the
public in general
b. promulgated for observance by those who have
dealings or transactions with said office
c. promulgated by the administrative agency in the
exercise of its quasi-legislative authority for the
regulation of specific matters placed under its
jurisdiction
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
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
Advantages
1) expertise derived from specialized training and experience
2) adaptability to change and ease in reacting to a new and even
emergency situations
3) more resilient
4) they can initiate action and not simply wait for their jurisdiction
to be invoked
5) they may proceed to the solution of the problems confided to
their attention with more expeditiousness
6) they are created by the legislature to address new social
problems and vest in said agencies broad guidelines for the
resolution of said problems
Chapter III
POWERS OF ADMINISTRATIVE AGENCIES
to have been issued not in compliance with the executive or administrative duty entrusted to it
requisites for their validity
Requisites:
i. germane to the objects and purposes of the law
ii. in conformity with the standards prescribed by law.
- Source: legislature
Notes: 1) the delegation should be canalized within
the banks that keep it from
overflowing (Schecter Poultry v.
US)
2) a surrender of a legislative power to the
delegate is prevented
3) the legislature is not req’d to provide a detailed
standards for administrative action
- Tests of Delegation
1. completeness test
The law must:
a. be complete in all its terms and
conditions
o U.S v. Ang Tang Ho: the law does not specifically define what
such temporary and emergency measures shall remain in force
and effect, or when they shall take effect.
b. offer a sufficient standard to 1) specify
the limits of the delegate’s authority, 2)
announce the legislative policy, and 3)
specify the conditions under which it is
to be implemented
o Calalang v. Williams: Accepted sufficient standards- 1)
public interest, 2) simplicity, 3) economy and efficiency and 4)
public welfare
o Ynot v. IAC: “may see fit”- consists of a roving commission,
thus invalid delegation of legislative power
Chapter 4
QUASI-LEGISLATIVE POWER
Supplementary Contingent
1) intended to fill in the details of the law and “to make it is issued upon the happening of a certain contingency
explicit what is only general” which the administrative body is given the discretion:
• to determine or “to ascertain, under
and pursuant to law, some
circumstances on which the law,
by its own terms, makes its own
action depend; or
• to find facts or conditions properly
prescribed under which a law as
passed will or will not operate
Effect: applying/suspending a
law