Administrative

Law

Administrative Law
It is a branch of public law fixing
the organization and determines
the competence of administrative
authorities, and indicates the
individual remedies for the
violation of the rights.

Kinds of
Administrative Law
Statutes setting up administrative
authorities.
Body of doctrines and decisions dealing
with the creation, operation, and effect
of determinations and regulations of
such administrative authorities.
Rules, regulations, or orders of such
administrative authorities in pursuance
of the purposes, for which
administrative authorities were created
or endowed.

 Determinations, decisions, and

orders of such administrative
authorities in the settlement of
controversies arising in their
particular field.

What is an
administrative agency?
It is an organ of government,
other than a court and the
legislature, which affects the
rights of private parties either
through adjudication or rule
making.

How are agencies

created?
By:
1. Constitutional provision
2. Authority of law
3. Legislative enactment

Reasons for the

creation of
administrative
To:
agencies

1. Help unclog court dockets

2. Meet the growing complexities of
modern society
3. Help in the regulation of ramified
activities of a developing country
4. Entrust to specialized agencies the task
of dealing with problems as they have the
experience, expertise, and power of
dispatch to provide solution thereto.

ADMINISTRATIVE AGENCY
VS COURT
Where the function of
the body is primarily
regulatory
duty,
the
function
is
administrative;

 but when the duty is

primarily to decide questions
of legal rights between
private parties, such
decisions being the primary
object and not merely
incidental to regulation, the
function is judicial.

Creation, Reorganization
and Abolition of
Administrative Agencies
Since administrative
bodies are mostly
created by legislative
enactments,

.. the same lawmaking

body may validly abolish
or reorganize such
administrative agencies.

POWERS OF
ADMINISTRATIVE
AGENCIES

The powers of administrative

agencies are limited by the
statutes creating them to
those conferred expressly, or
by necessary or fair
implication.

Two main functions of

Administrative Agencies
QUASI-JUDICIAL FUNCTION
QUASI-LEGISLATIVE FUNCTION

QUASI-JUDICIAL POWER
the power to perform acts
administrative in character,
but requiring incidentally
the trial and determination
of questions of law and
fact.

SEPARATION OF POWERS
In essence, separation of
powers means the
legislation belongs to
Congress, execution to the
executive, settlement of
legal controversies to the
judiciary. Each is therefore
prevented from invading

 To prevent the
concentration of
authority in one person
or group of persons that
might lead to irreparable
error or abuse in its
exercise to the detriment
of republican

 The purpose was not to avoid

friction, but, by means of the
inevitable friction incident to
the distribution of
governmental powers among
the three departments, to
save the people from
autocracy.

EXECUTI
VE
Imple
mentation
of laws
(Power of
the
sword)

LEGISLA
TIVE
Making of
laws
(Power of
the
purse)

JUDICIAR
Y
Interpreta
tion of
laws
(Power of
Judicial
review)

 Legislative power is given to the

Legislature whose members
hold office for a fixed term (Art.
VI, Sec.1); executive power is
given to a separate Executive
who holds office for a fixed term
(Art. VII, Sec.1); and judicial
power is held by an independent
Judiciary. (Art. VIII, Sec.1)

 A group of losing litigants

in a case decided by the SC
filed a complaint before
the Ombudsman charging
the Justices with knowingly
and deliberately rendering
an unjust decision in utter
violation of the penal laws
of the land. Can the
Ombudsman validly take
cognizance of the case?

 No. Pursuant to the principle

of separation of powers, the
correctness of the decisions of
the SC as final arbiter of all
justiciable disputes is
conclusive upon all other
departments of the
government; the Ombudsman
has no power to review the
decisions of the SC by
entertaining a complaint

 May the RTC or any

court prohibit a
committee of the
Senate like the Blue
Ribbon Committee
from requiring a
person to appear
before it when it is
conducting

 No, because that would be

violative of the principle of
separation of powers. The
principle essentially means
that legislation belongs to
Congress, execution to the
Executive and settlement of
legal controversies to the
Judiciary. Each is prevented
from invading the domain of
the others.

What is the principle of

Blending of Powers?
It is an instance when
powers are not confined
exclusively within one
department but are
assigned to or shared by
several departments.

Power of appointment
which can be
exercised by each
department and be
rightfully exercised by
each department over
its own administrative
personnel;

 General Appropriations
Law President prepares
the budget which serves
as the basis of the bill
adopted by Congress;

Amnesty granted by the

President requires the
concurrence of the
majority of all the
members of the
Congress;

What is the principle of

Checks and Balances?
It allows one department
to resist encroachments
upon its prerogatives or
to rectify mistakes or
excesses committed by
the other departments.

How does the

Executive check the
other two branches?
EXECUTIVE CHECK
LEGISLATIVE
JUDICIARY
Through its veto
1.Through its
power
pardon, it may set
aside the
judgment of the
judiciary
2.Power of
President to make
appointments of

How does Legislature

check the other two
branches?
LEGISLATIVE CHECK
EXECUTIVE
1. Override the veto of
the President
2. Reject certain
appointments made by
the president
3. Revoke the
proclamation of martial
law or suspension of
the writ of habeas
corpus

JUDICIARY
Impeachment of SC
members

LEGISLATIVE CHECK
EXECUTIVE
JUDICIARY
Impeachment

Define, prescribe,
apportion jurisdiction
of lower courts:

Determine the salaries

of the president or vice a. Prescribe the
president
qualifications of lower
court judges
b. Impeachment
c. Determination of
salaries of judges.

How does the Judiciary

check the other two
branches?
JUDICIAL CHECK
EXECUTIVE
LEGISLATIVE
It may declare (through the SC
as the final arbiter) the acts of
both the legislature and
executive as unconstitutional or
invalid so long as there is grave
abuse of discretion.

DELEGATION OF POWERS
Can a delegated power be re
delegated?
GR: No. Delegated power
constitutes not only a right but a
duty to be performed by the
delegate through the
instrumentality of his own
judgment and not through the
intervening mind of another.

XPN: Permissible
delegations: PETAL
Delegation to the People
through initiative and
referendum. (Sec. 1, Art.
VI, 1987 Constitution)

Emergency powers
delegated by Congress
to the President. (Sec.
23, Art. VI)

The conditions for the

vesture of emergency
powers are the following:
a. There must be war or other national
emergency
b. The delegation is for a limited period
only
c. Delegation is subject to restrictions
as Congress may prescribe
d. Emergency powers must be
exercised to carry a national policy
declared by Congress

Congress may
delegate Tariff powers
to the President. (Sec.
28 (2), Art. VI)

Delegation to
Administrative bodies
also known as power of
subordinate legislation.
This refers to the authority
vested by Congress to the
administrative bodies to
fill in the details which
Congress cannot provide
due to lack of opportunity

Delegation to Local
Governments It is not
regarded as a transfer of
general legislative power,
but rather as the grant of
authority to prescribe
local regulations.

What are the two tests

of valid delegation?
Completeness Test law
must be complete in all
essential terms and
conditions when it leaves
the legislature so that there
will be nothing left for the
delegate to do when it
reaches him except to

Sufficient Standard
Test if law does not
spell out in detail the
limits of the delegates
authority, it may be
sustained if delegation
is made subject to a
sufficient standard.

 SUFFICIENT STANDARD
maps out the boundaries of
the delegates authority
and indicating the
circumstances under which
it is to be pursued and
effected (purpose: prevent
total transference of
legislative power).

 INVALID DELEGATION OF
LEGISLATIVE POWERIf
there are gaps that will
prevent its enforcement,
delegate is given the
opportunity to step into
the shoes of the
legislature and exercise
discretion in order to

What is the nature of

administrative
proceedings?
A: It is summary in
nature.

Is administrative
proceedings bound by
technical rules of
procedure and
evidence?

The technical rules of

procedure and of evidence
prevailing in courts of law and
equity are not controlling in
administrative proceedings to
free administrative boards or
agencies from the compulsion
of technical rules so that the
mere admission of matter
which would be deemed
incompetent in judicial

What are the cardinal

primary requirements
of due process in
administrative
proceedings?

 1. Right to a hearing which

includes the right to
present ones case and
submit evidence in support
2. The tribunal must
consider the evidence
presented
3. The decision must be
supported by evidence

 The decision must be based

on the evidence presented at
the hearing or at least
contained in the record, and
disclosed to the parties
affected
6. The tribunal or body of any
of its judges must act on its
own independent
consideration of the law and

 The board or body

should render decision
that parties know the
various issues involved
and reason for such
decision

Officer or tribunal
must be vested with
competent jurisdiction
and must be impartial
and honest.

 The essence of
procedural due process
in administrative
proceedings is the
opportunity to be heard,
i.e. the opportunity to
explain ones side or
opportunity to seek

What the law prohibits

is not the absence of
previous notice but the
absolute absence
thereof and the lack of
opportunity to be heard.

Does the due process

clause encompass the
right to be assisted by
counsel during an
administrative inquiry?

 No. The right to counsel

which may not be waived,
unless in writing and in the
presence of counsel, as
recognized by the
Constitution, is a right of a
suspect in a custodial
investigation. It is not an
absolute right and may,
thus, be invoked or
rejected in criminal

What is the
quantum of
proof required in
administrative
proceedings?

 Only substantial
evidence that amount
of relevant evidence that
a reasonable mind might
accept as adequate to
support a conclusion.

When is the
requirement of
notice and
hearing not
necessary?

Urgency of
immediate action

Grant or revocation of
licenses or permits to
operate certain
businesses affecting
public order or morals

Summary abatement
of nuisance per se
which affects safety
of persons or
property

What is the concept of

Administrative Appeal?
It refers to the review by
a higher agency of
decisions rendered by an
administrative agency,
commenced by petition
of an interested party.

Under the 1987

Administrative Code,
administrative appeals
from a decision of an
agency are taken to
the Department Head.

Does the
doctrine of res
judicata apply to
administrative
proceedings?

The doctrine of
res judicata
applies only to
judicial or quasi
judicial
proceedings and
not to the

Administrative
proceedings are
non litigious and
summary in nature;
hence, res judicata
does not apply.

What is 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

What is the nature of

an administrative
agencys act if it is
empowered by a
statute to revoke a
license for non
compliance or violation
of agency regulations?

 For procedural
purposes, an
administrative action
is not a purely
administrative act if it
is dependent upon
the ascertainment of
facts by the

 Where a statute
empowers an agency to
revoke a license for non
compliance with or
violation of agency
regulations, the
administrative act is of
a judicial nature, since
it depends upon the
ascertainment if the

Define RateFixing
Power
It is the power usually
delegated by the
legislature to
administrative
agencies for the latter
to fix the rates which
public utility

What does
the term
rate mean?

It means any charge to

the public for a service
open to all and upon the
same terms, including
individual or joint rates,
tolls, classification or
schedules thereof, as
well as communication,
mileage, kilometrage
and other special rates
which shall be imposed

Fixing rates is
essentially
legislative but
may be
delegated.

How is ratefixing
power performed?
The administrative
agencies perform this
function either by
issuing rules and
regulations in the
exercise of their quasi
legislative power or by
issuing orders affecting