Administrative Law Key Points & Cases

Chapter I – Introduction
Administrative Law
- Belongs to the field of public law which includes consti law, crim law, and intl. law. No scope or bounds of the term.
- The entire system of laws under which the machinery of the state works and why which the state performs all govt acts.
- Part of the law which governs the organization, functions, and procedures of administrative agencies of the govt to which (quasi) legislative powers are
delegated and (quasi) judicial powers are granted, and the extent and manner to which such agencies are subject to control by the courts.
Administrative Authorities
- Those public officers or organs of the govt that are charged with the amplification, application, and execution of the law, but do not include by virtue of the
doctrine of sept. of powers, congress and the regular courts.
Concerns of Admin Law
- Private Rights
- Delegated powers and combined powers
Admin Law International Law
Lays down rules which shall guide officers of the administration Cannot be binding to govt officers, except insofar as it has been
adopted into the administrative law of the state.

Admin Law Consti Law

Gives and carries out the plan in its minutest details Prescribes the general plan or framework of govt. organization
Treats rights from the standpoint of the powers of the govt. Treats the rights of the individual
Emphasizes the powers of the govt and duties of the citizens Lays stress upon rights
Indicates to individuals, remedies for the violation of their rights Prescribes limitations on the powers of the govt to protect the
rights of individuals against abuse in their exercise.
 Admin Law Public Administration
The narrower branch but constitutes the bulk of the law on The practical management and direction of the various organs of
public administration the state and the execution of state policies by the executive and
administrative officers entrusted with such functions; the
subject matter of the administrative law.

Principal Subdivisions
The law on internal administration: treats of the legal relations of the govt and its admin officers, and of the legal relations that one admin officer or organ
bears to another.
- Comprehends such topics as the nature of the public officer, de jure and de facto officers, and incompatible and forbidden officers.
- The legal aspects of public administration on its institutional side.
The law of external administration: concerned with the legal relations between administrative authorities and private interests.
Classification of administrative law
- As to its source
a. The law that controls administrative authorities: Constitution, statutes, judicial decisions, executive orders of the president, and administrative
orders of administrative superiors.
b. The law made by admin authorities: Presidential proclamations issued under the flexible-tariff clause, the rules of practice and decisions of
administrative tribunals, and the cease-and-desist orders of the SEC.
- As to its purpose
a. Procedural administrative law: the procedure which an agency must or may follow in the pursuit of its legal purpose. Derived from Constitution,
statute, or agency regulation.
b. Substantive administrative law: the law established primary rights and duties, such as the conditions under which a broadcaster may operate or
the labor practices in which employers and unions must not indulge.
 - As to its applicability
a. General administrative law – general nature and common to all, or most administrative agencies.
b. Special or particular administrative law – pertains to particular agencies.
Administrative process
- Includes the whole of the series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in particular
situations.
Relation between admin agencies and courts
- Collaborative instrumentalities
- Role of courts
- Discharge of judicial Role
Administration as an organization distinguished from government
Government: The institution or aggregate of institution by which an independent society makes and carries out those rules of action which are necessary to
enable men to live in a civilized state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them;
the aggregate of authorities which rule a society.
Administration: The aggregate of those persons in whose hands the reins of govt. are entrusted by the people for the time being.

Chapter II – Nature and Organization of Administrative Agencies

Administrative Agency
- An agency exercising some significant combination of executive, legislative, and judicial powers; a govt body charged with administering and
implementing particular legislation.
- Covers: boards, commissions, divisions, bureaus and departments, and somewhat less familiar designations of “office” and “authority.”
- The 4th power of the govt.
Agency
- Any various units of the government.
Administrative Agency or Body Court
Large organization staffed by men who are deemed to become something of A tribunal which is presided by one or more jurists learned in the law.
experts in their particular fields.
Performs a variety of functions Performs judicial duties
Uses a varying degree of discretion in arriving at decisions and often proceeds More or less governed by fixed rules in arriving at its decisions and bound by
without being bound by technical rules of evidence or procedure. the rules that no finals adjudication is to be made until after due notice to the
parties with opportunity for a full and fair hearing.

Main characteristics of administrative agencies

- Size: Reflects both their nationwide jurisdiction and the character of their work.
- Specialization: Their staffs become specialized from experience or include persons with technical or professional training.
- Responsibility for results: charged by the congress with accomplishing a particular statutory end.
- Variety of administrative duties: Variety in the circumstances and conditions under which the activities of the various agencies impinge upon private
individuals.
Types of delegation
- Delegation of internal management
- Delegation of authority to dispose of routine matters
- Delegation of authority to dispose of matters, informally, or to initiate formal proceedings; and
- Delegation of authority and function in formal proceedings.
Types of admin agencies
- Created to function in situations wherein the govt is offering some gratuity, grant, or special privilege. Ex. GSIS, SSS, PAO.
- Set up to function in situations wherein the govt. is seeking to carry on certain function of the govt. Ex. BIR, most admin agencies.
- Set up to function in situations wherein the govt is performing some business service for the public. Ex. NFA, Natl. Housing Authority (NHA)
 - Set up to function in situations wherein the govt is seeking to regulate business affected with public interest. Ex. Energy Regulatory Board, HLURB
- Set up to function in situations wherein the govt is seeking under the police power to regulate private business and individuals. Ex. SEC, MTRCB
- Set up to function in situations wherein the govt is seeking to adjust individual controversies because of some strong social policy involved. Ex. NLRC,
DAR.
Administrative Organization
- Refers to the administrative structure of the government including its pollical subdivisions and the allocation of powers, functions, and duties to its
various units or agencies.
- Branches of state: Legislative, Executive, Judiciary
- Special bodies or agencies: Civil Service Commission (CSC), Commission on Elections (COMELEC), and Commission on Audit.
Organization of Departments
Department – executive department created by law; any instrumentality having or assigned the rank of a department regardless of its name or designation.
Bureaus – any principal subdivision or unit of any department performing a single major function or closely related functions.
Secretaries of respective departments:
Name of Department Name of Secretary
Executive Secretary Lucas Bersamin
Secretary of Foreign Affairs Enrique Manalo
Secretary of Finance Ralph Recto
Secretary of National Defense Gilberto Teodoro
Secretary of Justice Jesus Crispin Remulla
Secretary of the Interior and Local Government Jonvic Remulla
Secretary of Agriculture Francisco Tiu Laurel Jr.
Secretary of Trade and Industry Maria Cristina Aldeguer-Roque
Secretary of Labor and Employment Bienvenido Laguesma
Secretary of Health Teodoro Herbosa
Secretary of Human Settlements and Urban Development Jose Rizalino Acuzar
Secretary of Energy Raphael Lotilla
Secretary of Education Sonny Angara
 Secretary of Environment and Natural Resources Maria Antonia Loyzaga
Secretary of Budget and Management
Amenah Pangandaman
Secretary of Science and Technology
Renato Solidum Jr.
Secretary of Agrarian Reform Conrado Estrella III

Secretary of Tourism Christina Garcia-Frasco

Secretary of Social Welfare and Development Rexlon Gatchalian

Secretary of Public Works and Highways Manuel Bonoan

Secretary of Information and Communications Technology Ivan John Uy

Secretary of Migrant Workers Hans Leo Cacdac