ADMINISTRATIVE LAW CHAPTER 1-3

Dean Roscoe 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
TWO MAJOR POWERS OF ADMINISTRATIVE AGENCY
1) Quasi –legislative authority or rule making power
2) Quasi-judicial power or adjudicatory function.
Object and scope of administrative law- The regulation of private right for public welfare
ORIGIN AND DEVELOPMENT
--Is in legislation. Its justification is expediency
“It is the result of the pervasive prolixity of the modern age and the increasing difficulties confronting the
government which given the sophisticated nature of the problems it must address, is no longer able to
employ with the same effectiveness, the traditional powers assigned to its several branches under the
doctrine of separation of powers.”
-SOLUTION: delegation of powers
-By delegation the legislature is able to relieve itself of the responsibility to legislate directly on relatively
minor matters and of attending as well to the adjudication of essentially factual questions that more
properly pertain to the executive authorities. In this manner the legislature can concentrate on matters of
national or greater significance.
SOURCES
1) Constitutional or statutory enactments creating administrative bodies.
E.G. -Art. IX of the Constitution on the Constitutional Commission
-Social Security Act----Social Security Commission
-Administrative Code of 1987 or E.O. No. 292
-Establish the aforementioned agencies and determine their organizational structures, provide for their
functions and powers of their officers and confer upon them authority over quasi-judicial matters or
conflicts.
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. E.g. Labor code, Rules promulgated by SEC
4) Determinations and orders of the administrative bodies in the settlement of controversies
arising in their respective fields- Adjudication of administrative agencies in the exercise of their quasi-
judicial powers.
 ADMINISTRATION
Two senses - Institution -Function
a) Institution or organization
-Refers to the aggregate of individuals in whose hands the reins of government are for the time being.
-This includes all the personnel in the executive branch who are charged with the enforcement of the law
-Is to be distinguished from government which is the agency or instrumentality through which the will of
the State is formulated, expressed and realize.
b) Function
-Actual running of the government by the executive authorities through the enforcement of laws and the
implementation of policies.
Administration as an activity is either internal or external
Internal- covers those rules defining the relations of public functionaries inter se and embraces the whole
range of the law of public officers
E.G. Provisions regarding qualifications, selection, powers, rights, duties, and liabilities of public officers.
External- Defines the relations of the public office with the public in general.
-Do not necessarily affect the personnel of the office but are promulgated for observance by those who
have dealings or transactions with said office.
Distinguished from law
Law is an impersonal command provided with sanctions to be applied in case of violation, while
Administration is preventive rather than punitive and is accepted to be more personal than law
“While the personal nature of Administration is generally viewed as a welcome balancing factor against
the harshness of the law, It may however constitute a defect as well to the extent that it permits a
disregard or misapplication of the impersonal provisions of the law at the will of those who are supposed
to enforce it. In the exercise of discretion vested in him by statute, the administrative officer may, for
example, so interpret law as to prevent it from being applied, to the benefit or prejudice of certain
persons.

CHAPTER 2 ADMINISTRATIVE AGENCIES

-Described as 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.
AGENCY- as defined in the administrative code- including any department, bureau, office, commission,
authority or officer of the National Government authorized by law or executive order to make rules, issue
license, grant rights, or privileges and adjudicate cases.
Chartered institutions- Refers to any agency organized or operating under a special charter vested by
law with functions relating to specific constitutional policies or objectives
Agency- broadly defined by statute as any of the various units of the Government, including a
department, bureau, office, instrumentality or government-owned or controlled corporation
Department- refers to an executive department created by law.
Bureau- refer to any principal subdivision of any department
Office- refers within the framework of government organization to any major functional unit of a
department or bureau including regional offices. To any position held or occupied by individuals person.
Instrumentality- refer to any agency of National Government, not integrated within the department
framework, vested with special functions or jurisdiction by law, endowed with some corporate powers,
administering special funds and enjoying operational autonomy.
Attachment- this refers to the lateral relationship between the department or its equivalent and the
attached agency or corporation for purposes of policy and program coordination
-to attain policy and program coordination
Gocc- Any agency organized as a stock or non-stock corporation vested with functions relating to public
needs whether governmental or proprietary in nature and owned by the government directly or
indirectly or through its instrumentalities, either wholly or where applicable as in the case of stock
corporations to the extent of at least 51% of its capital stock.
NATURE- Administrative agency pertains to the executive department because its principal function in
the implementation of the law in accordance with the policies and instructions lay down by the
legislature.
-CTA- is a special court exercising particular expertise on the subject of tax.
-The finding of facts of CTA are generally conclusive absent of grave abuse of discretion.
-Administrative body to be more competent than the legislature in the promulgation of rules and the
judiciary in the settlement of controversies relating to the laws the administrative body is supposed to
enforce.
CREATION AND ABOLITION
-May be created by the constitution or by Statute
-Created by and exclusively in the discretion of the legislature.
1) set up to offer gratuity, grant or special privileges
2) To perform some business service for the public
3) To regulate private businesses and individual under the police power
4) To adjust individual controversies because of some strong social policy involved
5) To make the government a private party
-If created by Constitution the administrative body can be altered or abolished only by constitutional
amendments.
-If created by Statute the legislature can amend or even repeal its charter, thereby resulting in its abolition
which is justified if made in good faith and not attended by grave abuse of discretion.
-Administrative body may be reorganized pursuant to said law providing for its establishment or another
law authorizing said reorganization. So long as said reorganization would not involve an abolition or
transfer of offices and is carried out in good faith by the person, usually the president authorized to affect
the same.
-DOCTRINE OF QUALIFIED POLITICAL AGENCY- The power of the president to reorganize the National
Government may validly be delegated to his cabinet members exercising control over a particular
executive department.
ADVANTAGES
Administrative agencies have the advantage not only expertise derived from specialized training and
experience but also of adaptability to change and ease in reacting to new and even emergency situations,
given its flexible nature because of its basic rule making authority ad adjudicatory prerogative.
 RELATION TO REGULAR DEPARTMENTS
In the exercise of the powers delegated to it by the legislature the administrative body acts as an agent of
the law-making body and so is bound to obey and implement the legislative will.

CHAPTER 3 POWERS OF ADMINISTRATIVE AGENCIES

1) Quasi legislature- the power of subordinates legislation and permits the body to promulgate rules
intended to carry out provisions of particular laws
2) Quasi-judicial- power of adjudication , enable 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
-Rules and regulations of administrative agencies 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.
-Statute prevails over administrative order.
- It is likewise a settled rule that an administrative agency has also such powers as are necessarily implied
in the exercise of its express powers.
QUASI-LEGISLATIVE POWER
Administrative authorities are vested with the power to make rules and regulations because it is
impracticable for the lawmakers to provide general regulations for various and varying details of
management.
-Rules and regulations issued by administrative agencies have the force and effect or partake the nature of
a statute.
-Statute expresses the policies, purposes, objectives, remedies and sanctions intended by the
legislature in general terms THE DETAILS and manner of carrying them out are oftentimes left to the
administrative agency entrusted with their enforcement.
-Subject to review and nullification by the courts.
Administrative rule- any agency statements of general applicability that implements or interprets a law,
fixes and describes the procedures in, or practice requirements of, an agency including its regulations.
Rule-making- an agency process for the formulation, amendment, or repeal of a rule.

DISTINGUISHED FROM LEGISLATIVE POWER

-Administrative regulation is intended only to implement the law and to carry out the legislative policy.
- The discretion to determine what law shall be is exclusively legislative and cannot be delegated.
-What is employed in the promulgation of administrative regulations is the discretion to determine HOW
THE LAW SHALL BE ENFORCED.
-It has been held that privileges conferred by grant by local authorities as agents for the state constitute as
much a legislative franchise as though the grant had been made by an act of the legislature
-Franchise being merely a privilege emanating from the sovereign power of the state and owing its existence
to a grant, is subject to regulation by the state itself by virtue of its police power through its administrative
agencies.
 SOURCE
- The power to promulgate administrative regulation is derived from the legislature by virtue of a valid
delegation. Express or Implied.
-There must not be a total abdication of legislative power to the delegate. To achieve this, the delegation
must be circumscribed by legislative restrictions.
-It is not necessary that the legislature supply administrative officials with a specific formula for guidance.
-Liberal in the permitting grants of discretion of the administrative agencies
TEST OF DELEGATION
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 enforce it.
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 implemented.
-ACCEPTED SUFFUCIENT STANDARD- “Public interest”, Simplicity, economy, and efficacy, and public
welfare.
-Both test are intended to prevent a total transference of legislative authority to the delegate, who is not
allowed to step into the shoes of the legislature and exercise a power essentially legislative.

QUASI-JUDICIAL POWER
-Only incidental to their main function which is the enforcement of the law
-In the exercise of quasi-judicial power the executive acts first with the courts acting later whenever
warranted to review its legal findings.
-Their determination of legal questions is subject to review by the courts of justice.

SOURCE
-Often expressly conferred by the legislature through specific provisions in the charter of the agency.
IT VIOLATES THE DOCTRINE OF SEPERATION OF POWERS? ---- No, the power is needed to enable the
administrative officers to perform their executive duties.
DETERMINATIVE POWERS
a) Enabling powers- are those that permit the doing of an act which the law undertakes
to regulate and which would be unlawful without the government approval.
b) Directing powers- order the doing or performance of particular acts to ensure compliance with the
laws and are often exercised for corrective purposes.
c) Dispensing Powers- allows the administrative officer to relax the general operation of a law or exempt
from the performance of a general duty.
d) Summary powers- are those involving the use by administrative authorities of force upon persons or
thing without the necessity of previous judicial warrant.
e) Examining powers- Enables it to inspect the records and premises and investigate the activities of
persons or entities coming under its jurisdiction.
-Understandable need of administrative agencies for information which must be made available to them
subject to reasonable limitations, to enable them to carry out their basic power of investigation which is
essential to carry out their power to enforce law.
EXERCISE OF POWERS
-The findings of the body are generally deferred by the other departments except only where they are
arrived at with such obvious arbitrariness as to constitute a violation of due process