CHAPTER I DEFINITIONS 1.

ADMIN LAW -Embraces all the law that controls, or is intended, the administrative operations of government -that branch of public law which fixes the organization of government, determines the competence of administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights NB: Chief concern of admin law is protection of private rights, the subject of which is the nature and the mode of exercise of administrative power and the system of reliefs against administrative action 4 KINDS OF ADMIN LAW a. Statutes setting up admin authorities b. That body of doctrines and decisions of SC c. Implementing rules and regulations of admin bodies d. Decisions of admin bodies NB: All laws affecting the administration of the government enacted prior to the effectivity of Admin Code of 1987 remains in force so long as not repealed, modified or amended by Admin Code and insofar as not inconsistent with Admin Code and Constitution 2. ADMINISTRATION -as function of government, is the aggregate of those persons in whose hands the reigns of the government are for the time being -the practical management and direction of or operations of the various organs of the sovereign -activity of executive and administrative officers of the government KINDS OF ADMINISTRATION Internal- considers the legal aspects of public administration as a going concern [Legal side of public admin] External- the legal relations between the administrative authorities and private interests [deals on problems of government regulations] NB: Admin functions are those which involve the regulation and control over the conduct and affair of individuals, and the promulgation of rules and regulations to better carry out the policy of the legislature 3. GOVERNMENT -institution or aggregate of institutions by which an independent society makes and carries out those rules of action -RP is the corporate governmental entity through which the functions of government is exercised 4. ADMINISTRATIVE BODIES -composed of one or more officials designed to carry o certain business of the government a. AGENCY -unit or various units of government -department, bureau, GOCCs b. INSTRUMENTALITY -Agency of the government not integrated within the department framework -can conduct business on their own based on their charter -operation autonomous -GOCCs with own charter NB: Agency and instrumentality are synonymous in the sense that either of them is a means by which the governmental acts or governmental functions are performed. PUBLIC OFFICE: 2 Concepts 1. As a function unit of the government 2. As a position held NB: Public office is a public trust or responsibility and embraces the idea of term, duration, emoluments, powers and duties REORGANIZATION -Congress has the power to create or abolish governmental offices -Congress may abolish except those created by the Constitution -Congress may delegate this power to admin bodies Reorganization- the process of restructuring the bureaucracys organizational and functional set-up to make it more: 1. Economy 2. Efficient 3. Effective 4. Responsive PRESIDENTS POWER TO REORGANIZE -President is authorized to reorganize governmental offices under the executive branch -President is authorized to effect organizational changes, including creation of offices in the department or agency concerned NB: Presidents delegated power includes not only creation of offices but also to abolish offices which are no longer essential in the delivery of public services subject to civil service law [redundant offices or those which are mere duplicate] GOOD FAITH and BAD FAITH Good Faith- if its done for economy and efficiency -No dismissal or separation actually occurred because the position itself ceases to exist -newly created office has substantially new, different and additional functions, duties or powers

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Bad Faith- done for political reason or purposely to defeat security of tenure -merely a change of nomenclature of positions or where claims or economy are belied by the existence of ample funds EVIDENCE OF BAD FAITH REORGANIZATION -abolish one and creating another which substantially performs the same functions -there is a significant increase in the number of positions in the new staffing pattern -incumbents are replaced by those less qualified in terms of STATUS, PERFORMANCE AND MERIT -removal violates the order of separation of power POWER OF AGENCIES TO REORGANIZE -Congress may authorize executive departments to reorganize their offices [create or abolish] -After abolition, there is in law no occupant -there can be no tenure to speak of -there can be no removal to a non-existent office NB: Abolition I good faith is neither removal nor separation of the incumbent, while abolition in bad faith is void and the incumbent is deemed not to have ceased to hold in office RA 6656 Sec 2- no officer or employee in the CAREER SERVICE shall be removed, EXCEPT: 1. For a valid cause 2. After due notice and hearing Bad faith reorganization gives rise to a claim for REINSTATEMENT or REAPPOINTMENT by the aggrieved party ORDER OF REMOVAL 1. Casual employees less than 5 years 2. Casual employees with 5 years 3. Employees holding temporary appointments 4. Employees holding permanent appointments NB: Employees who are separated from the service for a valid reorganization are entitled to separation and other retirement benefits [equivalent to one month for every year of service] A dismissed employee can be considered as not having left his office only upon reinstatement and should be given comparable position and compensation at the time of reinstatement LIMITATION to Admin Reorganization -Does not include vesting an admin body the quasijudicial authority to adjudicate certain claims which ordinarily come within the jurisdiction of regular courts -power to reorganize covers only offices falling under said agency and NOT those ATTACHED thereto REASON for creating SPECIALIZED Admin Agencies [quasi-judicial] 1. To unclog court dockets

2. 3. 4.

To meet the growing complexities of modern society To help in the regulation To entrust to specialize agencies in specified fields

CHAPTER II POWERS OF PUBLIC OFFICERS A. GENERAL Powers of Admin Agencies NB: Check and balances is designed to prevent concentration of powers to one branch Two most important powers of Admin Agencies: 1. Quasi-legislative -enables to them to promulgate implementing rules and regulations 2. Quasi-judicial -enables them to interpret and apply such regulations Liberal Construction -liberal construction must be applied in light of the purposes for which it was created: In order to fully implement the legislative intent Must e germane to the law -liberal construction is adopted to enable administrative agencies to discharge their assigned duties in accordance with the legislative intent or purpose B. EXPRESS AND IMPLIED POWERS NB: Public Officials possess powers not rights NB: Government itself is merely an agency through which the will of the state is expressed and enforced An administrative officer has only such powers as are expressly granted to him and those necessarily implied in the exercise thereof EXPRESS- are those which the statute expressly or clearly provides IMPLIED- are those necessarily implied in and are therefore of lesser degree than the powers granted Doctrine of Necessary Implication -lesser degree than the power granted -cannot extend to other matters not embraced therein nor are incidental thereto -based on truism that no statute can be enacted that can provide all the detail involved in its application INCIDENTAL Powers

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-statutory grants of power includes incidental powers -incidental powers are those which are necessarily included: Includes those truly lie within its scope Those which are essential to the accomplishment of the main purposes Those that are germane to the principal purposes The grant of power excludes the greater power [ex, the grant of power to investigate does not include to the power to adjudicate] LIMITATIONS TO THE GRANT OF POWERS NB: the grant of power to terminate government employees is limited to the Constitutional prohibition of terminating civil service career holder which may only be terminated with a just cause and upon giving opportunity to be heard Remedy implied from a right -where there is a right, there is a remedy for violation thereof -violation of a right established by law implies a corresponding obligation of another to respect such right Illegality of act from prohibition -where a statute prohibits the doing of an act, the act done in violation thereof is by implication null and void -the prohibited act cannot serve as foundation of a cause of action for relief Effect of pari delicto -Public policy requires that parties to an act prohibited by statute be left where they are, to make statute effective and to accomplish its object -EXCEPTION: when its enforcement or application will violate an avowed fundamental policy or public interest, doctrine of pari delicto cannot apply What cannot be done directly cannot be done indirectly -what the law prohibits cannot be legally accomplished in whatever ways C. MINISTERIAL AND DISCRETIONARY MINISTERIAL POWER -one which is so clear and specific as to leave no room for the exercise of discretion in its performance -one which the officer or tribunal performs in a given state of facts in prescribed manner without regard to or exercise of his own judgment DISCRETIONARY POWER - law gives the officer right to decide how the duty to be performed -requires exercise of his own judgment -uncontrolled by the judgment or consciences of others Importance of Distinctions -to determine what remedy may be availed of for non-performance of duty

MANDMUS- if the duty is ministerial CERTIORARY- if the duty is discretionary LIMITATIONS Discretionary -cannot be delegated [presumption being that the officer is chosen because he was deemed fit and competent to exercise judgment and discretion -the exercise of discretionary duty must not be arbitrary or grave abuse of discretion as to go beyond the statutory authority -must exercised with regard to what is right and equitable D. MANDATORY AND PERMISSIVE Importance of this classification is in resolving the question of what effect should be given to the mandate of the statute MANDATORY [Prohibitory] -commands either positively that something to be done or negatively that something be not done -leaving the person concerned no choice but to obey -contains a command or prohibition -non-compliance will result to injury -Substantial rights depend on it -confer mandatory duties DIRECTORY [Permissive] -discretionary and permissive -no injury may result for non-compliance -no substantial rights depend on it When Mandatory or Directory -depends on the legislative intent -Words of permissive character may be given a mandatory significance in order to effect the legislative intent -Mandatory may be deemed directory whenever legislative purpose can best be carried out by such construction TESTS Mandatory if substantial rights depend on it and noncompliance thereof will result to injury Directory if no substantial rights depend on it and non-compliance thereof will not result to injury CHAPTER III POWER OF CONTROL, SUPERVISION AND INVESTIGATION A. PRESIDENT AS CHIEF EXECUTIVE AND ADMINISTRATIVE OFFICER -President as the Chief Executive of the Government -welds all administrative powers -administrative power of the President is implied from his executive power

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NB: prime duty of the government is to serve and protect the people and the maintenance of peace and order, protection of life, liberty and property [Art II, sec 4-5] This is the essential ideals that guide the governmental actions Presidents Obligations: 1. Protect the people 2. Promote their welfare 3. Advance national interest Residual Power of the President -Presidents power to do anything [not contrary to law] in order to accomplish his duties and obligations to protect the people, promote their welfare and advance national interest. PRESIDENTS CPOWER OF CONTROL -to ensure that the laws are faithfully executed -to make sure that his subordinate exercises their duties lawfully -can modify, alter or amend the acts of his subordinate -may fire his appointed officials at his own discretion NB: Acts of the President cannot be supplanted by any of his subordinates DOCTRINE OF QUALIFIED POLITICAL AGENCY -Heads of Executive departments hold political position and holds office in an advisory capacity -The acts of the agencies is the act of the President [thats why the President may modify or alter the acts of his subordinates] -President delegates his powers and duties to his subordinate in order to carry out the duties of the President EXCEPTION: cases where the Constitution requires the President to act personally BY AUTHORITY OF THE PRESIDENT -Executive Secretary, his deputies or assistants, or Presidents cabinets may act and sign BY AUTHORITY OF THE PRESIDENT -such act is not subject to review the courts in view of the separation of powers [absent any showing of grave abuse of discretion] NB: Any officials who acts by authority of the President may alter, modify, repeal or amend any acts of the subordinate Power of control implies the power of an officer to alter, modify or set aside what a subordinate officer has done, and substitute the judgment of the subordinate by his own judgment LIMITATION TO PRESIDENTS POWER OF CONTROL 1. Abolition or creation of an executive office 2. Suspension or removal of career executive officials without due process

3.

Setting-aside, modifications, or supplanting decisions of quasi-judicial agencies

PRESIDENTS POWER OF SUPERVISION -does not include the power to alter, modify or set aside the subordinates actions -applies in the LGUs -supervision and overseeing -to make sure that officials performs their duties faithfully and lawfully What it includes? 1. To see to it that officials performs their duties lawfully 2. To order the officer concerned to undone or redone 3. To impose disciplinary action DECENTRALIZATION- devolution of the national administration to the local government units [autonomy] AUTONOMY: 1. Broaden governmental powers 2. LGUs more self-reliant 3. More responsive and accountable 4. Relieves the central government the burden to administerLGUs B. FUNCTIONS OF LOWER EXECUTIVE OFFICERS POWER- is the means by which duties or functions are performed FUNCTION: is the tasks of which admin bodies are bound to do EXECUTIVE SECRETARY -subject to the control and supervision of the President -carry out functions assigned by law -perform duties delegated to him 1. directly assist the President 2. Implement presidential directives 3. Decide for and in behalf of the President 4. Exercise supervision and control over units of the Office of the President 5. Appoint officials and employees of the Office of the President 6. Provide overall coordination 7. Primary authority to sign papers by authority of the President 8. take charge of matters pertaining to protocols DEPARTMENT SECRETARIES 1. Advise the President 2. Establish policies for the operation of the Department 3. Promulgate rules and regulations 4. Promulgate administrative issuances 5. Exercise disciplinary powers over officers or employees under the Secretary

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6. 7.

Exercise jurisdiction over all bureaus under him Delegate powers to officers

-the President shall exercise such other powers and functions vested in the President which are provided for under the laws which are not specifically enumerated above INVESTIGATORY POWERS AS INCIDENTS of main function Executive quasi-judicial and quasi-legislative powers have also investigatory powers in aid or incidents of exercise of such powers NB: Investigation is indispensable to prosecution NB: Election offenses committed by public officials in relation to his office can only be investigated by the COMELEC [not Ombudsman] and can only be tried by regular courts [not Sandiganbayan] INVESTIGATORY POWERS OF THE OMBUDSMAN -creation of the Constitution to be an independent body -protector of the people against abuses of government officials and employees POWERS: 1. Investigatory Power 2. Prosecuting Power 3. Public Assistance functions 4. Authority to inquire and obtain information 5. Functions to adopt, institute and implement preventive measures NB: Investigation of illegal acts committed by public officials does not require that said act be related to official duties DUTIES OF OMBUDSMAN 1. Investigate on its own or upon complaint by any person 2. Recommend removal or suspension of public official OTHER DUTIES, FUNCTIONS and POWERS 1. Has primary jurisdiction over cases cognizable by the Sandiganbayan -in the exercise of this primary jurisdiction, it may take over, at any time, from any investigatory agency of Government investigating such case 2. 3. 4. Direct the officer concerned to take appropriate action Administer oaths and subpoena duces tecum Punish for contempt Ombudsman shall give priority to complaints filed against high ranking officials May give immunity for prosecution to witnesses CHAPTER IV QUASI-LEGISLATIVE POWER 1. LEGISLATIVE POWER-Generally Legislative power is the power to make, alter and repeal laws. The doctrine of separation of power prohibits the delegation of PURELY legislative

UNDERSECRETARIES 1. Advise and Assist the Secretary 2. Oversee all operational activities 3. Serves as deputy of the Secretary 4. Temporarily discharges the duties of the Secretary in his absence ASSISTANT SECRETARIES Performs duties and functions assigned to him: 1. By law 2. By the Secretary BUREAUS AND OFFICES -principal subdivision of the department perfoming a single major function Staff Bureau- primarily performs policy, program development and advisory functions [Headed by Director] Line Bureau- directly implement programs adopted pursuant to department policies and plans -Director of Line Bureau shall exercise supervision and control over all divisions and other units including Regional offices NB: Head of a Bureau shall be it Chief Executive Officer NB: Power to review includes the power to disapprove but not the authority to replace ones judgment over that of the subordinate -Power to review is only a reconsideration or reexamination for purposes of correction Admin Supervision -shall govern the administrative relationship between a department or its equivalent and regulatory agencies Line Bureau Authority -shall exercise supervision and other field offices C. POWER OF INVESTIGATION Inquisitorial powers have been granted by the Constitution or the legislature to executive or administrative bodies Investigatorial powers are only limited to gathering of information and recommendations for prosecution Some are given the power to subpoena and contempt SOURCES OF PRESIDENTSINVESTIGATORIAL POWERS 1. Emanates from his power of supervision and control 2. Comes from delegated power from the Legislature RESIDUAL POWERS

5.
6.

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BASIS: ethical principle that such a delegated power constitutes not only a right but a duty to be performed by the delegate by the instrumentality of his own judgments

What the doctrine of separation of power PRECLUDES is the delegation of PURELY, STRICTLY, INHERENTLY AND EXCLUSIVELY legislative

2. DELEGATION OF LEGISLATIVE POWER TO THE PRESIDENT The doctrine of separation of power does not ABSOLUTELY prohibit delegation of legislative power The Constitution itself makes the delegation of legislative power to the President, Supreme Court and the LGUs Admin Code of 1987 also delegates to the President certain ORDINANCE POWERS [Presidential Issuances] ORDINANCE POWER OF THE PRESIDENT: EXECUTIVE ORDERS - Acts of the Pres for rules of a general or permanent character in implementing or execution of constitutional or statutory powers NB: EO during revolutionary government has the force and is binding as a statute ADMINISTRATIVE ORDERS Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head PROCLAMATIONS Acts o the President fixing a date or declaring a statute or condition of public moment or interest MEMORANDUM ORDERS Acts of the President on matters of administrative detail or subordinate or temporary interest which only concern a particular officer or office of the government MEMORANDUM CIRCULARS - Acts of the President on matters relating to internal administration which the President desires to bring attention to all or some departments GENERAL OR SPECIFIC ORDERS Acts of the President in his capacity as Commander-in-Chief of the AFP 3. DELEGATION OF LEGISLATIVE POWERS TO THE SUPREME COURT Constitution vests in the SC the power to PROMULGATE rules concerning the protection and enforcement of constitutional rights Not only to promulgate rules but may also repeal procedural rules 4. DELEGATION OF LEGISLATIVE POWERS TO LGUs 5. RESTRICTION/LIMITATION

What is PURELY Legislative? Consists generally what the law shall be, to whom it may be applied or what acts are necessary to effectuate the law Determine the general purpose or policy to be achieved by the law To fix its limits within which the law operate Essentials of Legislative functions: Determination of the legislative policy and its formulation Promulgation as a defined and binding rule of conduct NON-DELEGATION AS AN EXCEPTION The rule is that Legislature may delegate legislative powers to the other branches The exception is the non-delegation NB: As a trend and according to the latest jurisprudence indicates that delegation of powers has become a rule and non-delegation is the exception 1. 2. 3 KINDS OF RULE MAING POWER Rule-making by reason of particular delegation of authority Refers to the power to issue rules and regulations which has the force of law Rule-making by the construction and interpretation of a statute being administered Refers to the power of administrative agencies to interpret and construe the statutes entrusted to them for implementation

Interpretation is 3 kinds: a. Interpretation as incident of the execution of a law b. Interpretation handed down by the Sec of DOJ c. Interpretation in adversary proceedings 3. Determination of facts under a delegated power as to which a statute shall go into effect Refers to the ascertainment of facts which will form the basis for the enforcement of a statute

REASON FOR THE DELEGATION: To issue rules and regulations to carry out the provisions of the statute [Power of Subordinate Legislation] To fill in the details which the Congress may not have the opportunity or competence to provide [Supplementary Regulations] NB: Congress has the inability to anticipate all or many possible detailed situations in respect of any relatively complex subject

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NB: The court bends as far as back as possible to sustain the constitutionality of the delegated legislation What may be delegated? It can delegate: the discretion as to how the law shall be enforced To issue rules to fill in details To ascertain facts on which the law will operate To exercise police power And to fix rates TWO TEST OF A VALID DELEGATION 1. COMPLETENESS TEST Law must be complete in all its items and conditions when it leaves the legislature such that when it reaches the delegate the only thing he will do is to enforce it 2. SUFFICIENT STANDARD TEST There must be adequate guidelines or limitations in the law to map out the boundaries of the delegates authority and prevent the delegates authority and prevent delegation from running riot NB: Both tests are intended to prevent a total transfer of legislative authority to the delegate, who is not allowed to step into the shoes of the legislature and exercise essentially legislative NB: Where the law fixes the standard, the delegate cannot enlarge it or cannot diminish it USUAL ISSUES ON VALIDITY OF DELEGATION 1. Against the delegating statute itself Conformity to the standard test and completeness test 2. Against the exercise of the delegated power Conformity of the rules and regulations to the statute itself NB: If the rules and regulations expands or restricts the statute, it is invalid RULES AND REGULATIONS PROMULGATED BY THE DELEGATE 1. Rules Must be Reasonable To be valid, rules and regulations must be reasonable and fairly adopted to secure the end in view 2. 3. Rules constituting an offense Delegate may issue administrative regulations which are penal in nature But only where the law itself makes the violation of administrative regulation punishable and provides for its penalty When rules take effect Rules and regulation must be published in order to take effect

Must be publish in the Official Gazette or in a newspaper in general circulation

DELEGATION TO ASCERTAIN FACTS Congress may delegate to an admin agency the power to ascertain facts as the basis to determine when a law may take into effect This is not delegation of what the law shall be but how the law shall be enforced POTESTAS DELEGATA NON DELEGARI POTEST [What has been delegated cannot be delegated further] BASIS: ethical principle that such a delegated power constitutes not only a right but a duty to be performed by the delegate through his own judgment and not through the intervening mind of another RATE-FIXING POWER Rate- means a charge to the public for a service open to all. This is essentially a legislative power but can be delegated to admin agencies This includes toll and taxes [LGU] NB: The exercise of the power to fix rates must be reasonable and not arbitrary The basic requirement of reasonableness comprehends such rates must NOT be so LOW as to be confiscatory, or too HIGH to be oppressive. Power to regulate is not power to DESTROY Power to fix rate cannot be re-delegated CONTEMPORARY CONSTRUCTION Contemporary construction refers to the interpretation which governmental agencies themselves made in the forms of rules and regulations, circulars, opinions, directives and rulings. They are given weight as has been said that the best interpreter of the law is USAGE Administrative interpretation becomes part of the law NB: Administrative/Internal rules, memo, circulars, directives, etc need not be publish in order to take effect NB: Contemporaneous Construction may be disregarded by the court where there is no ambiguity in the law EFFECTS OF AN ERRONEOUS CONSTRUCTION - creates no vested rights NB: Erroneous interpretation may be corrected when the true construction is ascertained

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