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Administrative law – that branch of public law which - Those created by law may be reorganized pursuant
fixes the organization of government and to said law providing for its establishment or
determines the competence of the administrative another law authorizing said reorganization
authorities who execute the law, and indicates to - So long as it would not involve an abolition or
the individual remedies for the violation of his rights transfer of offices and is carried out in good faith by
the person authorized to effect the same, the
- Prescribes individual relief
validity of the same would have to be upheld
Constitutional law – study of the maintenance of the - Purpose of reorganization: effective, efficient,
proper balance between authority as represented economy
by the 3 inherent powers of the state and liberty as - Test of validity of reorganization = pursuant to good
guaranteed by the Bill of Rights faith

- Prescribe limitations on exercise of governmental Abolition

powers
- Manner = by the same mode in which it was
Administrative agency – a body endowed with created
quasi-legislative and quasi-judicial powers to
KINDS OF ORDINANCES THE PRESIDENT CAN
enable it to enforce laws; an organ of government,
PROMULGATE (PGAM2E)
excluding legislature and courts, which affects the
rights of private parties either through rule-making 1. Proclamations
and adjudication 2. General or special orders
3. Administrative orders
SOURCES OF ADMINISTRATIVE LAW
4. Memorandum order
1. Constitutional or statutory enactments creating 5. Memorandum circular
administrative bodies 6. Executive orders
2. Decisions of courts interpreting the charters of
TYPES OF ADMINISTRATIVE BODIES
administrative bodies and defining their powers,
rights, inhibitions, among others, and the effects of 1. Those set up to offer some gratuity, grant or special
their determinations, and regulations privileges (PVA)
3. Rules and regulations issued by the administrative 2. Those set up to carry on certain actual business of
bodies in pursuance of the purposes for which they government (BOC and BIR)
were created 3. Those set up to perform some business service for
4. Determinations and orders of the administrative the public (MWSS)
bodies in the settlement of controversies arising in 4. Those set up to regulate business affected with
their respective fields public interest (LTFRB)
5. Those set up to regulate private business and
Administrative agency – described as a body
individuals under the police power (SEC)
endowed with quasi-legislative and quasi-judicial
6. Those set up to adjudicate individual controversies
powers to enable it to enforce laws; also described
because of strong political policy involved (NLRC &
as an organ of government, excluding legislature
ECC)
and courts, which affects the rights of private
7. Those set up to make the government a private
parties either through rule-making and adjudication
party (GSIS & SSS)
Regular court – an organ of government belonging
DOCTRINE OF SEPARATION OF POWERS
to the judicial department the function of which is
the application of the laws to controversies brought - Operates to maintain the legislative powers to the
before it as well as the public administration of legislative department, executive powers to the
justice executive department and those which are judicial
in character to the judiciary
MANNER OF ORGANIZATION OF
- Through this allocation of powers, the person
ADMINISTRATIVE AGENCIES
entrusted shall not be permitted to encroach upon
Modes of creating public office (Sec. of DOTC v. the power confided to the others but that each shall
Mabalot) by the law of its creation, be limited to the exercise
of powers appropriate to its own department and no
1. By the Constitution other
2. By law (statute enacted by Congress)
3. By authority of law PRINCIPLE OF BLENDING OF POWERS
- Instances where powers are not confined
exclusively within 1 department but are assigned to
or shared by several departments
Reorganization
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DOCTRINE OF NON-DELEGATION OF administrative efficiency and check the official

LEGISLATIVE POWER conduct of his agents
- What has been delegated cannot be further Administrative order – an ordinance issued by the
delegated (potestas delegate non delegari protest) President which relates to specific aspects in the
- A delegated power must be discharged directly by administrative operation of government
the delegate and not through the delegate’s agent
THREE FUNCTIONS OF ADMINISTRATIVE
Exceptions – Permissive Delegation of Powers AGENCIES
1. Delegation of tariff powers to the president – the 1. Quasi-legislative – to promulgate rules and
necessity of giving the chief executive the authority regulations
to act immediately on certain matters affecting the 2. Quasi-judicial – to adjudicate cases
national economy 3. Executive and administrative functions – to issue
2. Delegation of emergency powers to the president – licenses and permits
self-liquidating unless sooner withdrawn - Ministerial by nature
- Includes investigatory power
Conditions for the vesture of emergency powers:
POWERS OF ADMINISTRATIVE BODIES
a. There must be war or other national emergency
b. The delegation must be for a limited period only 1. Power to investigate
c. The delegation must be subject to such 2. Power to examine
restrictions as the Congress may prescribe 3. Power to issue subpoena
d. The emergency powers must be exercised to 4. Power to declare contempt
carry out a national policy declared by Congress 5. Power to issue cease and desist order
3. Delegation to the people at large 6. Power to issue warrants; administrative searches
4. Delegation to local governments and seizures
5. Delegation to administrative bodies 7. Power to impose fines and penalties
- A.k.a. power of subordinate legislation 8. Power to issue writs
- Regulation or supplementary rules passed by the
QUASI-LEGISLATIVE FUNCTION
administrative bodies are intended to fill-in the
gaps and provide details to what is otherwise a - A.k.a. power of subordinate legislation
broad statute - The authority delegated by the lawmaking body to
- For the rules & regulations to be valid and binding, the administrative body to adopt rules and
they must be in accordance with the statute on regulations intended to carry out provisions of the
which they are based, complete in themselves, law and implement legislative policies.
and fix sufficient standards - The power to make rules and regulations which
- If any of the requirements is not satisfied, the results in delegated legislation that it within the
regulation will not be allowed to affect private confines of the granting statute and the doctrine of
right non-delegability and separability of powers (Holy
Spirit Homeowners Assoc. vs. Sec. Defensor)
Test to determine validity of delegation
- Binding to all persons subjected to them
1. Completeness test – law must be complete in all its - In addition to other rule-making requirements
essential terms & conditions when it leaves the provided by law, each rule shall become effective
legislature so that there will be nothing left for the 15 days from the date of filing with the UP Law
delegate to do when it reaches him except enforce Center unless a different date is fixed by law or
it specified in the rule
2. Sufficient standard test - Internal rules – only within that particular
- Intended to map out the boundaries of the administrative agency
delegate’s authority by defining the legislative
Kinds of quasi-legislative power:
policy and indicating the circumstances under
which it is to be pursued and effected 1. Supplementary or Detailed legislation – rules and
- Purpose is to prevent a total transference of regulations “to fix the details” in the execution and
legislative power from the lawmaking body to the enforcement of a policy set out in the law
delegate 2. Contingent legislation – ascertain existence of a
contingency; rules & regulations made on the
ADMINISTRATIVE POWER AND
existence of certain facts or things upon which the
ADMINISTRATIVE ORDER
enforcement of the law depends
Administrative power – concerned with the work of 3. Interpretative legislation – rules & regulations
applying policies and enforcing orders as construing the provisions of a statute to be
determined by proper governmental organs; enforced; intended to clarify existing statutory
enables the President to fix a uniform standard of
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regulations under which the administrative body Requisites of administrative due process
operates
1. Right to a hearing
Limits: 2. Tribunal must consider evidence presented
3. Decision must have something to support itself
1. Must be germane to the powers of the agency
4. Evidence must be substantial
issuing it
5. Decision must be based on the evidence adduced
2. Issuances must be within the purview of the law
at the hearing
Requisites of Valid Administrative Regulations 6. The board or its judges must act on its or their
independent consideration of the facts and the law
1. Must be authorized by the legislature of the case
2. Must be within the scope of authority 7. Decision must be rendered in such a manner that
3. Must be promulgated in accordance with the the parties can know the various issues involved
prescribed procedure and the reasons for the decision rendered
4. Must be reasonable Requisites for res judicata:
1. The former judgment must be final;
Orders not required to be published:
2. It must have been rendered by a court having
1. Interpretative regulations and those merely internal jurisdiction over the subject matter and the parties
in nature 3. It must be a judgment on the merits
2. Letters of instructions There must be identity of parties, subject matter
and cause of action [Ipekdijan Merchandising v.
Penal regulations CTA (1963), Firestone Ceramics v. CA (1999), DBP
v. CA (2001)]
Can an agency administer rules with penal
sanction? = YES, it must have 3 requisites: JUDICIAL REVIEW
1. Statute must allow agencies to implement penal - Only factual findings made by quasi-judicial and
sanction administrative bodies supported by substantial
2. Penal sanction must be provided in the statute evidence are accorded great respect and even
itself finality by the appellate courts (Cosmos Bottling
3. Regulation must be published in Official Gazette Corporation vs Nagrama, G.R. No. 164403, March
4, 2008)
QUASI-JUDICIAL FUNCTION
Exhaustion of administrative remedies
- Power of adjudication of an administrative agency
for the formulation of a final order - Whenever there is an available administrative
- Neither part of the judicial system nor deemed remedy provided by law, no judicial recourse can
judicial tribunals be made until all such remedies have been availed
- Test of a judicial function – the power & authority to of & exhausted
adjudicate upon the rights and obligation of the - The thrust is that courts must allow administrative
parties. agencies to carry out their functions and discharge
- Substantial evidence is enough their responsibilities within he specialized areas of
- Power to punish contempt is inherently judicial; their respective competence (case)
may be exercised only if expressly conferred by law - Only decisions of administrative bodies in relation
and when administrative body is engaged in the to quasi-judicial functions is subject to DEAR
performance of its quasi-judicial powers (Coconut Dessicators case)
- Administrative decisions are not part of the legal - Not absolute
system
- Administrative proceedings do not require a trial Doctrine of prior resort
type hearing - Aka doctrine of primary administrative jurisdiction
- The doctrine of res judicata applies only to judicial - Where there is competence or jurisdiction vested
or quasi judicial proceedings and not to the upon an administrative body to act upon a matter,
exercise of purely administrative functions. no resort to the courts may be made before such
Administrative proceedings are non litigious and administrative body shall have acted upon the
summary in nature; hence, res judicata does not matter
apply - if a case is such that its determination requires the
Conditions for the exercise of quasi-judicial power expertise, specialized training, and knowledge of an
administrative body, relief must first be obtained in
1. Jurisdiction must be properly acquired by the an administrative proceeding before resort to the
administrative body court is had even if the matter is within the
2. Due process must be observed in the conduct of jurisdiction of the said court
proceedings

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- This rule applies only where the administrative

agency exercises quasi-judicial or adjudicatory
functions
- It prevents the court from arrogating unto itself the
authority to resolve a controversy which falls under
the jurisdiction of a tribunal possessed with special
competence
Doctrine of finality of administrative action
- No resort to the courts will be allowed unless the
administrative action has been completed and there
is nothing left to be done in the administrative
structure
- A party aggrieved must not merely initiate the
prescribed administrative procedure to obtain relief,
but must also pursue it to its appropriate conclusion
before seeking judicial intervention in order to give
that administrative agency an opportunity to decide
the matter by itself correctly and prevent
unnecessary and premature resort to the courts
Effect of failure to exhaust administrative remedies
- Court’s jurisdiction is not affected but the
complainant is deprived of a cause of action which
is a ground for motion to dismiss
- If no MTD is filed on this ground, there is deemed
to be a waiver
Exceptions to the doctrines of primary jurisdiction
and exhaustion of administrative remedies
1. When there is violation of due process
2. When the issue involved is purely a legal question
3. When the administrative action is patently illegal
amounting to lack or excess of jurisdiction
4. When there is estoppel on the part of the
administrative agency concerned
5. When there is irreparable injury
6. When the respondent is a department secretary
whose acts as an alter ego of the President bears
the implied and assumed approval of the latter
7. When to required exhaustion of administrative
remedies would be unreasonable
8. When it would amount to a nullification of a claim
9. When the subject matter is a private land
10. When the rule does not provide a plain, speedy &
adequate remedy
11. When there are circumstances indicating urgency
of judicial intervention
12. When there is strong public interest and
13. In quo warranto proceedings

Christiane Marie L. Bajada Administrative Law UNO-R