ADMINISTRATIVE LAW Kinds of Administrative law

I.​ PRELIMINARY CONSIDERATIONS (1)​ Statutes setting up administrative authorities

(2)​Rules, regulations, or orders of such
Public Administration administrative authorities enacted and
promulgated in pursuance of the purposes for
1.​ Involves effectuating public policy which they were created or endowed
2.​ Done by a variety of public officials (3)​The determinations, decisions, and orders of such
3.​ These officials are in some way publicly administrative authorities made in the settlement
accountable for their decisions and actions of controversies arising in their particular fields
-​ The execution of a public law (4)​The body of doctrines and decisions dealing with
-​ Regulation - government telling citizens and the creation, operation, and effect of
businesses what they may and may not do determinations and regulations of such
administrative authorities
Public Policy and Policymaking
Scope of Administrative Law
-​ Public administration must have administrative
structures that are directed by leaders who wish (1)​ The body of statutes which sets up administrative
to do something - if only to maintain the status agencies and endows them with powers and
quo. duties
-​ Policy is a decision, of whatever a government (2)​The body of rules, regulations, and orders issued
decides to do or not to do. by administrative agencies
-​ A public program consists of all those activities (3)​The body of determinations, decisions, and orders
designed to implement public policy. of such administrative authorities made in the
-​ Policy is hierarchical, as the broadest, most settlement of controversies arising in their
overarching policy is made at the top, then respective fields
increasingly more focused policies must be made (4)​The body of doctrines and decisions dealing with
at every level on down. the creation, operation, and effect of
-​ It is the sovereign who makes legitimate policy in determinations and regulations of such
a political community. administrative agencies

Administrative law Growth and Development

-​ That branch of modern law under which the -​ The origin of administrative law is in legislation
executive department of the government acting in and it proceeds from the increased functions of
a quasi-legislative or quasi-judicial capacity, government.
interferes with the conduct of the individual for -​ With the growing complexities of modern life, the
the purpose of promoting the well-being of the multiplication of subjects of government
community. regulations, and the increased difficulty of
administering the laws, it was found that neither
the legislature nor the courts were equipped to
Public Administration Administrative Law
administer them.
caters to the problems involves more on the -​ It has become customary to delegate to each
and issues of regulatory aspect, i. e. the newly created instrumentality of the executive
administrative relation between the department the power to make regulations
management, as well as administrative agencies necessary to carry the statute into effect.
aspects of organization and the individuals who -​ The legislature has granted to them the power to
and operation may be affected in the adjudicate on cases arising within the scope of
exercise of their their activities.
rule-making and -​ Departing from the economic principle of laissez
adjudicatory activities. faire, government control and regulation had
reached into the whole gamut of human affairs.
The law in action Addresses the how, when, -​ The policy of laissez faire has to some extent
and where these actions given way to the assumption by the Government
can be taken, focuses on of the right of intervention even in contractual
the procedures that relations affected with public interest.
agencies use in exercising
their authority. 1.​ Rubi vs. Provincial Board of Mindoro., 39
Phil., 660, No. 14078 March 7, 1919
The doctrines of laissez-faire and of unrestricted freedom issues involved, and the reasons for the decisions
of the individual, as axioms of economic and political rendered.
theory, are of the past. The modern period has shown a
widespread belief in the amplest possible demonstration Relation to Traditional Law
of governmental activity.
-​ Administrative law, particularly in the period of
"The Manguianes in question have been directed to live its recent rapid growth, embraces elements
together at Tigbao. There they are being taught and hostile to traditional law and regarded as
guided to improve their living conditions. They are being subversive of the “rule of law”.
made to understand that the object of the government is -​ Administrative agencies are now established as
to organize them politically into fixed and permanent very important tribunals in the administration of
communities. They are being aided to live and work. justice, making decisions sometimes of vast
Their children are being educated in a school especially importance and equal to matters determined by
established for them. In short, everything is being done the courts.
for them in order that their advancement in civilization -​ Administrative law is no longer considered a
and material prosperity may be assured. Certainly their usurper of the courts or of traditional law. Both
living together in Tigbao does not make them slaves or systems may exist side by side adopting what has
put them in a condition compelled to do services for proved useful in the jurisprudence of each.
another. They do not work for anybody but for
themselves. There is, therefore, no involuntary servitude. Administrative Law and the Courts

The principles of administrative law are much concerned

2.​ ASSOCIATION OF PHILIPPINE COCONUT with seeking and accommodation of the will of the
DESICCATORS vs. PHILIPPINE COCONUT through their legislature to effectuate a particular
AUTHORITY government promptly, efficiently, and flexibly through a
specialized agency, with the constitutional limitations
Our Constitutions, beginning with the 1935 document, upon the power of the legislature, the constitutional
have repudiated laissez-faire as an economic principle. powers of the courts, and the constitutional safeguards of
Although the present Constitution enshrines free personal and property rights. Particularly important
enterprise as a policy, it nonetheless reserves to the aspects of the judicial role and the search for
government the power to intervene whenever necessary accommodation are determinations by the courts of the
to promote the general welfare. degree to which administrative agencies may be left free
to act in their own discretion without the declaration of
3.​ Ang Tibay vs. Court of Industrial standards for such action by the legislature, the extent to
Relations, 69 Phil. 635, No. 46496 which the courts will require in quasi- judicial procedure
February 27, 1940 which approaches that of the courts. The extent to which
the courts will refrain from interference with the
Requirements of administrative due process administrative process, the extent to which the courts
may be restricted from passing upon the legality or
(1)​ Right to a hearing, which includes the right of the correctness of the action taken by the administrative
party interested or affected to present his own agency, the extent to which the courts will review,
case and submit evidence in support thereof. enforce, or provide relief from, action of an
(2)​The party must be given an opportunity to administrative agency, and determinations whether the
present his case and to adduce evidence tending administrative or the judicial process provides the
to establish the rights which he asserts and the appropriate remedy in a particular situation. In each of
tribunal must consider the evidence presented. these areas, particularly in regard to the constitutional
(3)​The duty to deliberate implies a necessity of rights of persons, the judicial process aims to provide
having something to support its decision. security and safeguards where expediency is served by
(4)​There must be substantial evidence to support a the expertise and absence of rigidity of the administrative
finding or conclusion. process.
(5)​ The decision must be rendered on the evidence
presented at the hearing, or at least contained in -​ Important aspects of the judicial role and the
the record and disclosed to the parties affected. search for accommodation are determinations by
(6)​The Court must act on its or his own independent the courts of the degree to which administrative
consideration of the law and facts of the agencies may be left free to act in their own
controversy, and not simply accept the views of a discretion.
subordinate in arriving at a decision.
(7)​ The Court should, in all controversial questions, Nature of Administration
render its decision in such a manner that the
parties to the proceeding can know the various
 (1)​As a function - the execution, in non-judicial
matters, of the law or the will of the state as Advantages of Administrative Action Over Both
expressed by the competent authority. Legislative and Judicial Action
(2)​As an organization - that group or aggregate of
persons in whose hands, the reins of government (1)​ Regulation by government opens a way for action
are for the time being. It is the totality of the to be taken in the public interest to prevent future
executive and administrative authorities (US v. harm
Dorr). (2)​It provides for action that will be prompt and
preventive, rather than merely remedial, and will
Administration distinguished from Politics and be based on technical knowledge
Law (3)​It ensures that the action taken will have regard
for the interests of the general public
(4)​It permits the rules for the prevention of socially
Politics Administration
hurtful conduct to be flexible rules, based on
Has to do with policies The execution of these discretion, and thus makes possible the
and expressions of the polilcies introduction of order
state
Criticisms Against Administrative Action

Law Administration (1)​ Tendency towards arbitrariness

(2)​Lack of legal knowledge and aptitude in sound
Operates by redress or Achieves public security judicial technique
punishment rather than by preventive measures. (3)​Susceptibility to political bias or pressure, often
by prevention. brought about by uncertainty of tenure and lack
of sufficient safeguards for independence
Is impersonal and Is often arbitrary and is (4)​A disregard for the safeguards that insure a full
safeguards against subject to abuses incident and fair hearing
ignorance, caprices, or to personal as contrasted (5)​ Absence of standard rules of procedure suitable to
corruption of magistrates. with impersonal the activities of each agency
law-regulated action (6)​A dangerous combination of legislative, executive,
and judicial functions.
Not quick enough or Extremely efficient
automatic enough to meet Kinds of Administration
the requirements of a
complex social Internal - considers the legal aspects of public
organization administration in its institutional side
External - deals with the relations between
administrative agencies and individuals affected by their
Administration of Government vs.
quasi-legislative and quasi-judicial activities
Administration of Justice
Administrative Framework, in general
Administration of Administration of Justice
Government -​ Administrative Code of 1987
-​ Sec. 1, Art. VII, 1987 Constitution
Not necessarily the result Consists in the decision of -​ Sec. 11, Ch. 3, Book 2, Administrative Code
of any controversy and is controversies between
not merely dependent on individuals and II.​ CREATION AND ABOLITION OF
the solution of the government officers, as to ADMINISTRATIVE AGENCIES
question “what is the law” the applicability in the
but made also as a result cases in question of a Administrative Agency; Nature
of consideration of particular rule of law.
expediency. -​ An organ of government, other than a court and
other than a legislature, which affects the rights of
Determine what is the law Determine what law is private parties through either adjudication or rule
in order to determine applicable to the facts making.
whether they are brought before them
competent to act, but Purposes of Administrative Agencies
furthermore, they must
decide whether it is wise (1)​ To dispense certain privileges accorded by the
for them to act. government
 (2)​To carry on governmental business or functions Abolition
(3)​To carry on or undertake some business service
for the public -​ General rule - the power to abolish a public office
(4)​To regulate certain public callings or business is lodged with the legislature - the power to create
affected with public interest includes the power to destroy
(5)​ To promote the general welfare through police -​ Exceptions -
regulations -​ where the office was created by the
(6)​To determine rights of individuals in certain cases Constitution itself
where a strong social policy is involved. -​ President’s power of control may justify
inactivating the functions of a particular
Types of Administrative Agencies office in the executive department
-​ Certain laws may grant the President the
(1)​ Agencies created to function in situations broad authority to carry out
government is offering some gratuity, grant, or reorganization measures
special privilege
(2)​Agencies set up to function in situations wherein
the government is seeking to carry on certain
government functions
(3)​Agencies set up to function in situations wherein
the government is performing some business
service for the public
(4)​Agencies set up to function in situations wherein
the government is seeking to regulate business
affected with interest
(5)​ Agencies set up to function in situations wherein
the government is seeking under the police power
to regulate business and individuals
(6)​Agencies set up to function in situations wherein
the government is seeking to adjust individual
controversies because of some strong social policy
involved

Degree of Control of the Legislature over

Administrative Agencies

-​ Promulgates the general policy

-​ Creates the agency to administer it if none is
already in existence for the purpose
-​ Prescribes the mode of appointment, the term of
office, and the compensation
-​ Fixes its authority and procedure
-​ Determines the size of its personnel and staff
-​ Exercises continuing surveillance over its
activities
-​ May investigate its operations for remedial or
corrective legislation

Creation, Reorganization, and Abolition of

Offices

Creation - an administrative body may be created by

(a)​ The constitution

(b)​A statute
(c)​ Authority of law

Reorganization - involves the reduction of personnel,

consolidation of offices, or abolition thereof by reason of
economy or redundancy of functions.