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Leuterio Notes
Reorganization
- It involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or
redundancy of functions. It alters the existing structure of government offices or the units therein, including the lines
of control, authority and responsibility between them to make the bureaucracy more responsive to the need of the
public clientele as authorized by law.
Administration Government
As an institution, it refers to the aggregate of individuals in The agency or instrumentality through which the
whose hands the reins of government are for the time being. will of the State is formulated, expressed and
realized.
As a function, it refers to the actual running of the government
by the executive authorities through the enforcement of laws
and the implementation of policies.
Internal Administration
- Covers those rules defining the relations of public functionaries inter se and embraces the whole range of the law
of public officers
External Administration
- Defines the relations of the public office with the public in general
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.
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Discretionary and Ministerial powers of administrative agencies
Discretionary – the law imposes a duty upon a public officer, and gives him the right to decide how or when the
duty shall be performed.
Ministerial – one which is as clear and specific as to leave no room for the exercise of discretion in its performance
Separation of Powers
- Each major departments of the government have principal powers which are separate from another in order to
prevent a concentration of authority in one group of persons that might lead to an irreversible error or abuse in its
exercise to the detriment of our republican institution.
Balancing of Powers
- This is a system of counteraction wherein one department is allowed to resist encroachments upon its prerogatives
or to rectify mistakes or excesses committed by the other departments.
Sources of Powers
1. Constitutional or statutory enactments creating administrative bodies
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.
3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created.
4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective
fields
Quasi-Legislative Function
- The authority delegated by the law-making body to the administrative body to adopt rules and regulations intended
to carry out the provision of a law and implement legislative policy.
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Quasi-Legislative vs. Legislative
Legislative Quasi-Legislative
The power to promulgate laws The power to issue administrative rules and regulations
Determines what the law shall be Determine how the law shall be enforced
Cannot be delegated Can be delegated
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.
2. Sufficient Standard Test – the law must offer a sufficient standard to specify the limits of the delegate’s authority,
announce the legislative policy, and specify the conditions under which it is to be implemented.
Publication Requirement
- Required as a condition precedent to the effectivity of a law to inform the public of the contents of the law or rules
and regulations before their rights and interests are affected by the same.
Quasi-Judicial Function
- 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 found.
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The executive acts last, after judgment is made and all legal The executive acts first, with the courts action later,
questions are settled whenever warranted, to review its legal findings
Inherent power of the judiciary Incidental power of the administrative agencies
Judicial Review
- Re-examination or determination by the courts in the exercise of their judicial power in an appropriate case instituted
by a party aggrieved thereby as to whether the questioned act, rule, or decision has been validly or invalidly issued
or whether the same should be nullified, affirmed or modified.
- Failure to observe this doctrine will not affect the jurisdiction of the Court. The only effect of non-compliance is that
it will deprive the complainant of a cause of action, which is a ground for a motion to dismiss.
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the mere admission of matter which would be deemed incompetent in judicial proceedings would not invalidate an
administrative order.
Administrative Appeal
- Review by higher agency of decisions rendered by an administrative agency, commenced by petition of an
interested party.
Administrative Review
- A superior officer or department head, upon his or her own volition, may review the decision of an administrative
agency or that of a subordinate’s decision pursuant to the power of control. It is subject to the caveat that a final
and executory decision is not included within the power of control, and hence can no longer be altered by
administrative review
Fact-Finding Power
a. Power to declare the existence of facts which call into operation the provisions of a statute
b. Power to ascertain and determine appropriate facts as a basis for procedure in the enforcement of particular laws
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Investigatory power
- Power to inspect, secure, or require the disclosure of information by means of accounts, records, reports,
statements and testimony of witnesses. It is implied and not inherent in administrative agencies.
Licensing power
- The action of an administrative agency in granting or denying, or in suspending or revoking, a license, permit,
franchise, or certificate of public convenience and necessity
Rate-fixing power
- Power usually delegated by the legislature to administrative agencies for the latter to fix the rates which public utility
companies may charge the public.
Power to issue subpoena
- Not inherent. It is settled that these bodies may summon witnesses and require the production of evidence only
when duly allowed by law, and always in connection with the matter they are authorized to investigate