ADMINISTRATIVE LAW

Leuterio Notes

ADMINISTRATIVE LAW (Dean Ruscoe Pound)

- That branch of modern law under which the executive department of the government, acting in a quasi-legislative
or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of
the community, as under laws regulating public interest, professions, trades and callings, rates and prices, laws for
the protection of public health and safety, and the promotion of public convenience.

ADMINISTRATIVE LAW (Professor Goodnow)

- That part of public law which fixes the organization of the government and determines the competence of the
authorities who execute the law and indicates to the individual remedies for the violation of his rights.

How administrative body are created

 By Constitutional provision
 By Authority of Law
 By Legislative Enactment

Reasons for Creation of Administrative Agencies

 Help unclog court dockets
 Meet the growing complexities of modern society
 Help in the regulation of ramified activities of a developing country

Requisite Abolition of Office

1. In good faith
2. Not for political or personal reasons; and
3. Not in violation of law

Reorganization
- It involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or
redundancy of functions. It alters the existing structure of government offices or the units therein, including the lines
of control, authority and responsibility between them to make the bureaucracy more responsive to the need of the
public clientele as authorized by law.

Doctrine of Qualified Political Agency

- The power of the President to reorganize the National Government may validly be delegated to this cabinet
members exercising control over a particular executive department.

Administration vs. Government

Administration Government
As an institution, it refers to the aggregate of individuals in The agency or instrumentality through which the
whose hands the reins of government are for the time being. will of the State is formulated, expressed and
realized.
As a function, it refers to the actual running of the government
by the executive authorities through the enforcement of laws
and the implementation of policies.

Internal Administration
- Covers those rules defining the relations of public functionaries inter se and embraces the whole range of the law
of public officers

External Administration
- Defines the relations of the public office with the public in general

Administrative Agency
- A body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out laws
entrusted to it for enforcement or execution.
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Discretionary and Ministerial powers of administrative agencies
 Discretionary – the law imposes a duty upon a public officer, and gives him the right to decide how or when the
duty shall be performed.
 Ministerial – one which is as clear and specific as to leave no room for the exercise of discretion in its performance

Separation of Powers
- Each major departments of the government have principal powers which are separate from another in order to
prevent a concentration of authority in one group of persons that might lead to an irreversible error or abuse in its
exercise to the detriment of our republican institution.

Balancing of Powers
- This is a system of counteraction wherein one department is allowed to resist encroachments upon its prerogatives
or to rectify mistakes or excesses committed by the other departments.

Sources of Powers
1. Constitutional or statutory enactments creating administrative bodies
2. Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions,
among others, and the effects of their determinations and regulations.
3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created.
4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective
fields

Quasi-Legislative vs. Quasi-Judicial Power

Quasi-Legislative
The power of subordinate legislation and permits the body
to promulgate rules intended to carry out the provisions of
particular laws.
Operates on the future
General application
May be assailed in court without subscribing to the doctrine
of exhaustion of administrative remedies
Does no required prior notice and hearing (except when
required by law)
May be assailed in court through an ordinary action
Quasi-Judicial
The power of adjudication which enables the administrative
body to resolve, in a manner essentially judicial, factual and
sometimes even legal questions incidental to its primary
power of enforcement of the law
Operates base on past facts
Particular application (applies only to the parties involved)
Only be challenged in court with prior exhaustion of
administrative remedies
Requires prior notice and hearing (except when the law
does not require it)
Appealed to the Court of appeals via petition for review
(Rule 43)

Determinative Powers (adjudicatory powers)

 Enabling Powers – those that permit the doing of an act which the law undertakes to regulate and which would be
unlawful without government approval
 Directing powers – order the doing or performance of particular acts to ensure compliance with the law and are
often exercised for corrective purposes.
 Dispensing powers – allows the administrative officer to relax the general operation of a law or exempt from the
performance of a general duty.
 Summary powers – are those involving the use by administrative authorities of force upon persons or things without
the necessity of previous judicial warrant
 Examining powers – enables the administrative body to inspect the record and premises, and investigate the
activities, or persons or entities coming under its jurisdiction.
 Equitable powers – the power to determine the law upon the particular state of facts that has the right to, and
must, consider and make proper application of the rules of equity

Doctrine of Subordinate Legislation

- Power of administrative agency to promulgate rules and regulations on matters within their own specialization.

Quasi-Legislative Function
- The authority delegated by the law-making body to the administrative body to adopt rules and regulations intended
to carry out the provision of a law and implement legislative policy.
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Quasi-Legislative vs. Legislative

Legislative Quasi-Legislative
The power to promulgate laws The power to issue administrative rules and regulations
Determines what the law shall be Determine how the law shall be enforced
Cannot be delegated Can be delegated

Tests to determine valid delegation

1. Completeness Test – the law must be complete in all its terms and conditions when it leaves the legislature so
that when it reaches the delegate, it will have nothing to do but to enforce it.

2. Sufficient Standard Test – the law must offer a sufficient standard to specify the limits of the delegate’s authority,
announce the legislative policy, and specify the conditions under which it is to be implemented.

Requisites for a valid administrative regulation

1. Its promulgation must be authorized by the legislature
2. It must be within the scope of authority given by the legislature
3. It must be promulgated in accordance with the prescribed procedure
4. It must be reasonable

Non-applicability of notice and hearing in the issuance of an administrative rule or regulation

- An administrative body need not comply with the requirements of notice and hearing, in the performance of its
executive or legislative functions, such as issuing rules and regulations. Except when the legislature itself requires
it and mandates that the regulation shall be based on certain facts as determined in an appropriate investigation.

Publication Requirement
- Required as a condition precedent to the effectivity of a law to inform the public of the contents of the law or rules
and regulations before their rights and interests are affected by the same.

Exceptions to Publication Requirement

1. Interpretative regulations
2. Internal regulations
3. Letters of instructions

Effectivity of Administrative Rules

- Administrative rules take effect depending on the date provided by it.
- if the administrative rules is silent on the matter of it date of effectivity, it shall take effect after 15 days following the
completion of their publication.

Penal sanctions in administrative rules and regulations (requisites)

1. The law must declare the act punishable
2. Law must define the penalty
3. Rules must be published in the Official Gazette or in a newspaper of general circulation

Quasi-Judicial Function
- The power of administrative authorities to make determinations of facts in the performance of their official duties
and to apply the law as they construe it to the facts found.

Quasi-Judicial vs. Judicial

Judicial power Quasi-Judicial power

The duty of the courts of justice to settle actual
controversies involving right which are legally demandable
and enforceable, and to determine whether or not there has
been grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of
the government
The power of administrative authorities to make
determinations of facts in the performance of their official
duties and to apply the law as they construe it to the facts
found

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 The executive acts last, after judgment is made and all legal The executive acts first, with the courts action later,
questions are settled whenever warranted, to review its legal findings
Inherent power of the judiciary Incidental power of the administrative agencies

Limited Jurisdiction of quasi-judicial agencies

- An administrative body could be wield only such powers as are specifically granted to it by its enabling statute.

When Court may intrude to administrative agencies

- Only when there is grave abuse of discretion amounting to lack or excess of jurisdiction

Conditions for the proper exercise of quasi-judicial power

1. Jurisdiction must be properly acquired by the administrative body
2. Due process must be observed in the conduct of the proceedings

Judicial Review
- Re-examination or determination by the courts in the exercise of their judicial power in an appropriate case instituted
by a party aggrieved thereby as to whether the questioned act, rule, or decision has been validly or invalidly issued
or whether the same should be nullified, affirmed or modified.

Requisites of Judicial Review of Administrative Action

1. Principle of Finality of Administrative Action
2. Principle of Exhaustion of Administrative Remedies

Principle of Finality of Administrative Action

- It provides that no resort to courts will be allowed unless administrative action has been completed and there is
nothing left to be done in the administrative structure

Non-applicability of Principle of Finality of Administrative Action

1. Grant of relief to preserve the status quo pending further action by the administrative agency
2. Essential to the protection of the rights asserted from the injuries threatened
3. Administrative officer assumes to act in violation of the Constitution and other laws
4. Order not reviewable in any other way and the complainant will suffer great and obvious damage is the order is
carried out
5. Interlocutory order affects the merits of the controversy
6. Oder made in excess of power, contrary to specific prohibition in the statute governing the agency and thus
operating as a deprivation of a right assured by the statute
7. When review is allowed by statutory provisions

Doctrine of Exhaustion of Administrative Remedies

- It calls for resorting first to the appropriate administrative authorities in the resolution of a controversy falling under
their jurisdiction and must first be appealed to the administrative superiors up to the highest level before the same
may be elevated to the courts of justice for review.

- Failure to observe this doctrine will not affect the jurisdiction of the Court. The only effect of non-compliance is that
it will deprive the complainant of a cause of action, which is a ground for a motion to dismiss.

Exceptions to Exhaustion of Administrative Remedies

1. When the questions raised is purely legal
2. When the administrative body is in estoppel
3. When the act complained of is patently illegal
4. When there is urgent need for judicial intervention
5. When the claim involve is small
6. When irreparable damage will be suffered
7. When there is other plain, speedy and adequate remedy
8. When strong public interest is involved
9. When the subject of the controversy is private land
10. In quo warranto proceedings
11. In violation of due process
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 12. 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
13. When it would be unreasonable
14. When no administrative review is provided by law
15. When the issue of non-exhaustion of administrative remedies has been rendered moot
16. When it would amount to a nullification of a claim
17. Where the rule on qualified political agency applies

Doctrine of Ripeness of Review

- It is similar to that of exhaustion of administrative remedies except that it applies to the rule-making power and to
administrative action which is embodied neither in the rules and regulations nor in adjudication or final order.

Doctrine of Primary Jurisdiction

- Doctrine of Prior Resort
- Courts cannot or will not determine a controversy involving question within the jurisdiction of an administrative body
prior to the decision of that question by the administrative tribunal where the:
1. Question demands administrative determination requiring special knowledge, experience and services
of the administrative tribunal;
2. Question requires determination of technical and intricate issues of a fact;
3. Uniformity of ruling is essential to comply with purposes of the regulatory statute administered.

Exceptions to Doctrine of Primary Jurisdiction

1. Where there is estoppel on the part of the party invoking the doctrine
2. Where the challenged administrative act is patently illegal, amounting to lack of jurisdiction
3. Where there is unreasonable delay or official inaction that will irretrievably prejudice the complainant
4. Where the amount involved is relatively small so as to make the rule impractical and oppressive
5. Where the question involved is purely legal and will ultimately have to be decided by the courts of justice
6. Where judicial intervention is urgent
7. When its application may cause great and irreparable damage
8. Where the controverted acts violate due process
9. When the issue of non-exhaustion of administrative remedies has been rendered mott
10. When there is no other plain, speedy and adequate remedy
11. When strong public interest is involved
12. In quo warranto proceedings

Doctrine of Primary Jurisdiction vs. Doctrine of Exhaustion of Administrative Remedies

Doctrine of Primary Jurisdiction Doctrine of Exhaustion of

Administrative Remedies
Both deal with the proper relationships between the courts and administrative agencies
Case is within the concurrent jurisdiction of Claim is cognizable in the first instance
the court and an administrative agency but by an administrative agency alone
the determination of the case requires the
technical expertise of the administrative
agency
Although the matter is within the jurisdiction Judicial interference is withheld until the
of the court, it must yield to the jurisdiction of administrative process has been
the administrative agency completed.

Nature of Administrative Proceedings

- Summary
- Adversarial
- Ex-parte

Non-Applicability of Technical Rules on 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

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 the mere admission of matter which would be deemed incompetent in judicial proceedings would not invalidate an
administrative order.

Cardinal Requirements of Due Process in Administrative Proceedings

1. Right to hearing which includes the right to present one’s case and submit evidence in support thereof.
2. The tribunal must consider evidence presented
3. The decision must be supported by evidence
4. Such evidence must be substantial
5. The decision must be rendered 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 or nay of its judges must act on its own independent consideration of the law and facts of the
controversy in arriving at a decision.
7. The board or body should render decision in such a manner that parties can know the various issues involved and
the reasons for the decision rendered.

Notice and Hearing in Administrative proceedings

- A hearing may take place after the deprivation occurs. What the law prohibits is not the absence of previous notice
but the absolute absence thereof and the lack of opportunity to be heard

Exceptions to notice and hearing

1. Urgency of immediate action
2. Tentativeness of administrative action
3. Grant of revocation of licenses or permits to operate certain businesses affecting public order or morals
4. Summary abatement of nuisance per se which affects safety or persons or property
5. Preventive suspension of public officer or employee facing administrative charges
6. Cancellation of a passport of a person sought for criminal prosecution
7. Summary proceedings of distraint and levy upon property of delinquent taxpayer
8. Replacement of a temporary or acting appointee
9. Right was previously offered but not claimed

Quantum of proof required in administrative proceedings

- Substantial evidence or the amount of relevant evidence that a reasonable mind might accept as adequate to
support a conclusion.

Administrative Appeal
- Review by higher agency of decisions rendered by an administrative agency, commenced by petition of an
interested party.

Administrative Review
- A superior officer or department head, upon his or her own volition, may review the decision of an administrative
agency or that of a subordinate’s decision pursuant to the power of control. It is subject to the caveat that a final
and executory decision is not included within the power of control, and hence can no longer be altered by
administrative review

Non-applicability of Res Judicata

- The doctrine of res judicata applies only to judicial or quasi-judicial proceedings and not the exercise of pure
administrative functions. Administrative proceedings are non-litigious and summary in nature; hence, res judicata
does apply

Exceptions to non-applicability of Res Judicata

1. Naturalization proceedings or those involving citizenship and immigration
2. Labor relations
3. Decisions affecting family relations, personal status or condition and capacity of persons

Fact-Finding Power
a. Power to declare the existence of facts which call into operation the provisions of a statute
b. Power to ascertain and determine appropriate facts as a basis for procedure in the enforcement of particular laws

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Investigatory power
- Power to inspect, secure, or require the disclosure of information by means of accounts, records, reports,
statements and testimony of witnesses. It is implied and not inherent in administrative agencies.

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 convenience and necessity

Rate-fixing power
- Power usually delegated by the legislature to administrative agencies for the latter to fix the rates which public utility
companies may charge the public.
Power to issue subpoena
- Not inherent. It is settled that these bodies may summon witnesses and require the production of evidence only
when duly allowed by law, and always in connection with the matter they are authorized to investigate

Power to cite a person in contempt

- Not inherent. It must be expressly conferred upon the body, and additionally, must be used only in connection with
its quasi-judicial as distinguished from its purely administrative or routinary functions