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1.institution 2.function 3.internal 4.external: I. General Principle

This document outlines the key concepts in administrative law. It discusses administrative agencies, their quasi-legislative and quasi-judicial powers, and judicial review of administrative actions. Specifically, it defines administrative law and distinguishes it from public administration and politics. It also examines the origin, development, and sources of administrative law. Finally, it analyzes the powers of administrative agencies, including rule-making and adjudicative functions, and the standards that govern judicial review of administrative decisions.

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Jane Hazel Guiriba
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29 views

1.institution 2.function 3.internal 4.external: I. General Principle

This document outlines the key concepts in administrative law. It discusses administrative agencies, their quasi-legislative and quasi-judicial powers, and judicial review of administrative actions. Specifically, it defines administrative law and distinguishes it from public administration and politics. It also examines the origin, development, and sources of administrative law. Finally, it analyzes the powers of administrative agencies, including rule-making and adjudicative functions, and the standards that govern judicial review of administrative decisions.

Uploaded by

Jane Hazel Guiriba
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ADMINISTRATIVE LAW

A.
Dfn:
B.
Admin. Law v. Public Admin.
C.Admin. Law v. Politics
D.
Origin & Devt
E.Sources
F. Administration
1.Institution
2.Function
3.Internal
4.External
A.
Dfn:
B.
Nature
C.Creation & Abolition
D.
Advantages

II.

I. GENERAL PRINCIPLE

ADMINISTRATIVE AGENCIES

III. POWERS OF ADMIN. AGENCIES


A. Quasi- Leg. Power
1.Dfn:
2.QLP v. Leg. Powers
3.Sources
4.Test of Delegation
a. Completeness Test
i. Batangas CATV, Inc v. CA: Ordinances passed by virtue of the implied power found in the General
Welfare Clause must be reasonable, consonant with the general powers and purposes of the corporation,
and not inconsistent with the laws or policy of the state
ii. De Los Angeles v. Home Development Mutual Fund: Rules and regulations, which are the product of
a delegated power to create new and additional legal provisions that have the effect of law, should be
within the scope of the statutory authority granted by the legislature to the administrative agency.
It is required that the regulation be germane to the objects and purposes of the law, and be not in
contradiction to, but in conformity with, the standards prescribed by law.
iii.
b. Sufficient Standard Test
i. GUINGONA, JR. vs. Hon. Carague: The Constitution did not need for exact, definite, or certain
appropriations made by law. These appropriations may be implied or expressed, and specific or general.
ii. TATAD vs. THE SECRETARY OF THE DEPARTMENT OD ENERGY: even if the law does not expressly
pinpoint the standard, the courts will bend over backwards to locate the same elsewhere in order to spare
the status from constitutional conformity.
B.
Quasi- Judicial Power (QJP)
1.Dfn:
2.QJP v. Judicial Power
3.Source
4.Exercise of Powers
C.Determinative Power
IV. QUASI- LEGISLATIVE FUNCTION
Nature
iii. OPLE vs. Torres: Administrative orders should be in harmony of the law and should be for the sole
purpose of implementing the law and carrying out its legislative policy.
B.
Kinds of Admin. Regulations
C.Rqts.
1.1st
2.2nd
3.3rd
4.4th
D.
Admin. Rule w/ Penal Sctn.
1.Rqts.
E.Necessity for Notice & Hearing
A.

V. QUASI- JUDICIAL POWER


A.
Dfn:
B.
Jurisdiction:
1.Nature of the Proceedings
2.Necessity of Jurisdiction
3.Subpoena Power
4.Contempt Power
C.Notice & Hearing
D.
Rights against Self- Incrimination
E.Admin. Appeal & Review
F. Doctrine of Res Judicata
VI. JUDICIAL REVIEW
A.
GR:
B.
Sources:
C.Methods:
D.
Question may be Subject of Judicial Review
E.Doctrine of Exhaustion of Administrative Remedies
F. Doctrine of Prior Resort
G.
Doctrine of Finality of Admin. Action
H.
Effect of Non- Compliance
I. XPN to the Doctrine

J.

Appeal to the President

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