1.

Constitutional or statutory enactments creating

administrative bodies.
ADMINISTRATIVE LAW (CRUZ) 2. Decision of courts interpreting the characters of
administrative bodies and defining their powers,
Chapter 1
rights, inhibitions, among others, and the effects
GENERAL CONSIDERATIONS of their determinations and regulations.
3. Rules and regulation issued by the
administrative bodies in pursuance of the
purposes for which they were created.
Nature
4. Determinations and orders of the administrative
Administrative Law (AL) bodies in the settlement of controversies arising
in their respective fields.
Dean Roscoe Pound- that branch of modern law under
which the executive department of the government, Sources Example
Consti- Article IX on
acting in a quasi-legislative or quasi-judicial capacity,
1 Constitutional Commissions
interfered with the conduct of the individual for the SE- Social Security Act
purpose of promoting the well-being of the community, Aratuc vs. COMELEC
as under laws regulating public interest, professions, 2 Maceda vs. Energy
trades and callings, rates and prices, laws for the Regulatory Board
protection of public health and safety, and the Omnibus Rules
promotion of public convenience. Implementing the Labor
3
Code promulgated by
Two major powers of the admin agency DOLE.
Awards of NLRC with
1. Quasi-Legislative authority (rule making power). 4 respect to money claims of
2. Quasi-Judicial Power (adjudicatory function). employees.

Object and scope of AL

Administration
The regulation of private right for public welfare.
The term “administration” is understood in two senses.
Origin and Development
1. As an Institution, Administration refers to the
• Origin of AL- in legislation persons who actually run the government during
• Justification- is expediency. their prescribed terms of office. This includes all
personnel in the executive branch who are
Reason charged with the enforcement of the law.

AL is the result of the pervasive prolixity of the modern

age and the increasing difficulties confronting the
government, which is no longer able to employ, with the
same effectiveness, the traditional powers assigned to
its several branches under the doctrine of separation of
Distinguish Government from
powers.
Administration
Government Administration
The obvious solution was delegation of powers.
Agency or Transitional in nature,
instrumentality which actually mans
through which the will the government.
of the State is Which, in turn, is a
Sources
formulated, expressed, more or less
and realized. permanent fixture in

1
 every State. (e.g. As defined in the Administrative Code, is any
Aquino Admin, Marcos department, bureau, office, commission, authority or
Admin) officer of the National Government authorized by law or
executive order to make rules, issue licenses, grant right
or privileges.
2. As a Function, Administration means the actual
running of the government by the executive Government Instrumentality
authorities through the enforcement of laws and
the implementation of policies. Ant activity In Malaga vs. Penachos, Jr., government instrumentality
outside of legislation and rendering of judicial refers to an agency of the National Government not
decisions will come under administration. integrated with the department framework, vested with
(Enforcement and execution only) special functions or jurisdictions by law, endowed with
some if not all corporate powers, administering special
Administration as an activity is either: funds, and enjoying operational autonomy, usually
through a charter.
1. Internal administration
• Defines the relations of public Chartered Institutions
functionaries
• Embraces the whole range of the law of In Malaga vs. Penachos, Jr., chartered institutions refer
public officers to any agency organized or operating under a special
• Rules laid down in an agency or office charter, vested by law with functions relating to specific
2. External administration constitution policies or objectives.
• Defines the relations of the public office
with the public in general Creation and Abolition of an Administrative Body
• Rules affect not only the personnel but (AB)
also who are transacting with the office.
Can be Altered or
Created by:
Distinguished from Law Abolished by:

Law Administration The Constitution (CSC,

Constitutional Admendment
COMELEC, COA)
is preventive rather than
an impersonal command Law (amend or repeal its
punitive and is accepted to Statute (MMA)
provided with sanctions to charter)
be more personal than
be applied in case of
law.
violation.
(clarifies the law) Can AB be reorganized?

Yes. As long as said reorganization:

Chapter 2
1. would not involve an abolition or transfer or
ADMINISTRATIVE AGENCIES offices
2. is carried out in good faith
Definition 3. by the person, usually the President, authorized
to effect the same.
Administrative Agency (AA)
Types of AB
A body endowed with quasi-legislative and quasi-judicial
powers for the purpose of enabling it to carry out laws 1. AB that offer some gratuity, grant of special
entrusted to it for enforcement or execution. privilege (Philippine Veterans Administration)
2. AB that carries on certain actual business of the
Agency government (Bureau of Customs)

2
 3. To perform some business service for the public questions incidental to its primary power of
(Bureau of Posts) enforcement of the law. Jurisdiction- Applies rule
4. To regulate business affected with public for the PAST.
interest (LTFRB)
5. To regulate private business and individuals The Quasi-Legislative Power
under the police power (SEC
Definition
6. To adjust individual controversies because of
some strong social policy involved (NLRC) QLP is the authority delegated by the law-making body
7. To make the government a private party (GSIS) to the administrative body to adopt rules and regulations
intended to carry out the provisions of a law and
Advantages
implement legislative policy.
• AB have expertise derived from specialized
Effect of rules and regulations issued by AB
training and experience.
• Adaptability to change In general, rules and regulations issued by AB have the
• Ease in reacting to new and even emergency force and effect, or partake of the nature of the stature.
situations given its flexible nature.
Administrative regulations and policies interpret the law
Relation to Regular Departments which they are entrusted to enforce, have to force of
law, and are entitled to great respect.
In the exercise of the powers delegated to it by the
legislature, the AB acts as an agent of the law-making However, they may be reviewed and nullified by courts if
body and is bound to obey and implement the legislative found to have been issued not in compliance with the
will. requisites for their validity.

On the other hand, AA pertains to the executive

department and so comes under the control of the
President, which control cannot be withdrawn or limited Administrative Rule
by the legislature.
As defined by the Admin Code as an agency statement
of general applicability that implements or interprets a
law, fixes and describes the procedures in or practice
In so far as the courts of justice are concerned, they requirements of an agency.
cannot be deprived of their inherent power to decide all
questions of law, particularly if they have been initially Distinguished from Legislative Power
resolved by AB only. Court may review the factual
LP QLP
findings of administrative offices.
Power to issue
Chapter 3 Power to promulgate laws administrative rules and
regulations
POWERS OF ADMINSTRATIVE AGENCIES Discretion to determine
what the law shall be
Classification Cannot be delegated

1. Quasi-legislative – power of subordinate

legislation and permits the body to promulgate What can be delegated by the legislature?
rules intended to carry out the provisions of
Power to make the law No
particular laws. Jurisdiction- Prescribes rules for
FUTURE. Power to confer Yes
2. Quasi-judicial – power of adjudications, enables authority or discretion
the AB to resolve, in a manner essentially under and in pursuance
judicial, factual and sometimes even legal of the law
3
 QJP is incidental to the power of regulation vested in the
AB but is often expressly conferred by the legislature
Source through specific provisions in the charter.

The power to promulgate administrative regulations is Does the grant of QJP to AB violate the Doctrine
derived from the legislature by virtue of a valid of Separation of Powers?
delegation.
No. The power is needed to enable administrative
This may either be expressed or implied although it is officers to perform their executive duties.
usually effected explicitly through a specific
authorization. Determinative Powers

Tests of Delegation Vested in AB to enable them to exercise QJP.

The tests of a valid delegation of the power to Classification of Determinative Powers

promulgate administrative regulations, as well as of
legislative power in general, are the: 1. Enabling Powers
2. Directing Powers
1. Completeness Test- the law must be complete in a. Dispensing Powers
all its terms and conditions when it leaves the b. Examining Powers
legislature so that when it reaches the delegate, c. Summary Powers
it wall have nothing to do but to enforce it. If
there are gaps in the law that will prevent its
enforcement until they are first filled, the
Enabling Powers

delegate will have the opportunity to repair the Enabling Powers are those that permit the doing of an
omission through the exercise of the discretion act which the law undertakes to regulate and which
to determine what the law shall be which is would be unlawful without government approval.
essentially and exclusively legislative.
2. Sufficient Standard Test – the law must offer a Examples:
sufficient standard to specify the limits of the
1. The issuance of licenses to engage in a particular
delegate’s authority, announce the legislative
business or occupation.
policy, and specify the conditions under which it
2. Power of SEC to approve the Articles of Inc
is to be implemented. The standard is usually
3. MTRCB allowing public exhibition of a movie
embodied in the law itself. If not, the court will
discover it in the circumstances surrounding the Directing Powers
enactment of the delegating statute. (e.g. public
interest, simplicity, economy and efficiency, and Directing Powers order the doing or performance of
public welfare) particular acts to ensure compliance with the law and
are often exercised for corrective purposes.
Quasi-Judicial Power
Examples:
Definition
1. DENR may require factories to use certain
QJP has been defined as the power of the administrative chemicals to protect the environment
authorities to make determinations of facts in the 2. Department of Transportation may call on
performance of their official duties and to apply the law common carriers to install specific safety devices
as they construe it to the facts found. to prevent accidents
3. NLRC may compel an employer to reinstate an
Source
illegally dismissed employee and pay him
damages
4
Dispensing Power 1. Allows DOLE to inspect factories to determine
compliance with occupational health and safety
Dispensing Power allows the administrative officer to standards
relax the general obligation of a law or exempt from the 2. Allows SOLE to inspect premises, books of
performance of a general duty. accounts and records of any person or entity
involved in recruitment
Example:

1. When residential buildings are permitted by the

zoning board to remain in the area designated
as commercial or industrial
2. When persons of draft age are relieved of
combat duty because of their civil status or
occupation. Exercise of Powers

Nature

The duties of the AB are generally considered

Summary Powers discretionary, especially if they involve he interpretation
or construction and enforcement of the law and
Summary Powers are those involving the use by appreciation of the factual questions that may be
administrative authorities of force upon persons or submitted to it for resolution.
things without the necessity of previous judicial warrant.
Some duties are merely ministerial, which means that no
Example: judgment or discretion is required or allowed in their
exercise.
1. Padlocking by the Mayor’s office of filthy
restaurants or movie houses exhibiting obscene Examples of ministerial duties:
movies
2. Shooting of a mad dog on the loose 1. Duty of Register of Deeds to annotate a lien on
3. Take over by the BSP of mismanaged banks Torrens Cert
4. Confiscation by the customs authorities of 2. COMELEC give due course to a COC duly
articles which are prohibited per se. accomplished and seasonably filed
3. COA to allow claims for salaries under certain
Examining Powers conditions

Examining Powers enables AB to inspect the records and Jurisdiction and Powers
premises, and investigate the activities of persons or
entities coming under its jurisdiction. This will include, Limited to those expressly granted or necessarily implied
among others, the following powers: from those granted in the legislation creating such
bodies.
1. Issuance of subpoenas
2. Swearing in of witnesses Chapter 4
3. Interrogation of witnesses
THE QUASI-LEGISLATIVE POWER
4. Calling for the production of books, papers, and
records Kinds of Administrative Regulations
5. Requiring written answers to questionnaires
6. Requiring periodic or special reports Interpretative Rule Legislative Rule
7. Requiring the filing of statements it is designed to provide it is in the matter of
guidelines to the law which subordinate legislation,
Examples: the AB is in charge of designed to implement a
implementing. primary legislation by

5
 providing details thereof. Read in harmony with the statute ad not in violation of
the authority conferred on the administrative authorities.
Merely advisory Force and effect of a law

Enforcement

Can be enforced though Mandamus

Classification of Legislative Rule or Regulations Amendment or Repeal

Supplementary Reg Contingent Reg Can be changed by the AB or the Legislature directly.
Intended to fill in the Issued upon he happening
details of the law and to of a certain contingency Chapter 5
make explicit what is only which the AB is given the
general. to ensure its discretion to determine THE QUASI-JUDICIAL POWER
effective enforcement in
acc with the legislative will Two conditions for the proper exercise of QPL

1. Jurisdiction must be properly acquired by the

Requisites of a valid Administrative Regulation administrative body
2. Due process must be observed in the conduct of
1. Its promulgation must be authorized by the the proceedings
legislature (charter)
2. It must be within the scope of the authority Jurisdiction
given by the legislature (not be ultra vires)
3. It must be promulgated in accordance with the Jurisdiction is defined as the competence of an office or
prescribed procedure body to act on a given matter or decide a certain
4. It must be reasonable question.

Penal Regulations Without jurisdiction, AB determinations are null and

void.
The power to define and punish crimes is exclusively
legislative and may not be delegated to AB. Conferred by the legislature to the AB.

Violation of Administrative Reg Notice and Hearing

GR: CANNOT give rise to criminal prosecutions Denial of the right to notice and hearing will render the
administrative proceedings null and void.
E: Legislature makes it punishable and imposes the
corresponding sanctions Administrative Appeals and Review

Special Requisites of a valid Administrative Generally, final decision of the AB can be appealed.
Regulation with a penal sanction
Enforcement of Decisions
1. Law itself must make violation of the AR
Absence of any statute providing for the enforcement of
punishable
an administrative determination, the same cannot be
2. Law itself must impose and specify the penalty
enforced except possibly by appeal to the force of public
for the violation of the reg
opinion.
3. The reg must be published
AB is allowed certain sanctions that it may impose
Construction and Interpretation
directly for enforcement of its own decisions such as:

6
 Doctrines that must be considered in connection
with the Judicial Review of Administrative
Sanctions AB is allowed to impose: Decisions

1. Revocation of or refusal to renew licenses Primary Jurisdiction or Prior Resort

2. Destruction of unlawful articles
The Doctrine of Primary Jurisdiction does not warrant a
Res Judicata court to arrogate unto itself authority to resolve a
controversy the jurisdiction over which is initially with an
GR: Administrative Decision is not considered RJ.
administrative body of special competence.
Chapter 6
Courts will not interfere in matters which are addressed
JUDICIAL REVIEW to the sound discretion of the government agency
entrusted with the regulation of activities coming under
General Rule the special and technical training and knowledge of such
agency.
An Administrative Decision may be appealed to the
courts of justice only: The Doctrine of Primary Jurisdiction simply calls for the
determination of administrative questions, which are
• if the Constitution permits
ordinarily questions of fact, by administrative agencies
• if the law permits
rather than courts of justice.
• if the issues to be reviewed involve question of
law. Doctrine of Exhaustion of Administrative
Remedies
As a rule, the administrative decision may be validly
rendered final and inappealable at the administrative Where the enabling statute indicates a procedure for
level without allowing the aggrieved party a final resort administrative review, and provides for a system of
to the courts of justice. administrative appeal, or reconsideration, the courts, for
reasons of law, comity and convenience, will not
When the exercise of functions by the administrative
entertain the case unless the available administrative
officer is tainted by a failure to abide by the law, then it
remedies have been resorted to and the appropriate
is incumbent upon on the courts to set matters right
authorities have been given an opportunity to act and
with the Supreme Court having the last say on the
correct the errors committed in the administrative
matter.
forum.
Methods of Review
Under the Doctrine of Exhaustion of Remedies, an
Methods of Judicial Review are prescribed by: administrative decision must first be appealed to the
administrative superiors up to the highest level before it
1. The Constitution may be elevated to a court of justice for review.
2. Statutes
3. Rules of Court (in absence of specific rules) A party aggrieved must not merely initiate the
prescribed administrative procedure to obtain relief, but
These methods may be specific or general. also must pursue it to its appropriate conclusion before
seeking judicial intervention in order to give that
administrative agency the opportunity to decide the
matter by itself correctly and prevent unnecessary and
premature resort to court.

A. Reasons for the doctrine are the following:

7
 1. The administrative superiors, if given the (second MR are allowed in “exceptionally meritorious
opportunity, can correct the errors committed by cases”)
their subordinates.
2. Courts should as much as possible refrain D. Effect of Non-Compliance
disturbing the findings of AB in deference of the
Failure to exhaust administrative remedies does not
Doctrine of Separation of Powers.
affect the jurisdiction of the court and merely results in a
3. On practical grounds, it is best that the courts,
LACK OF CAUSE OF ACTION which may be invoked in a
which are burdened enough as they are with
motion to dismiss.
judicial cases, should not be saddled with the
review of administrative cases. (MR before Certiorari)
4. Judicial administrative cases is usually effected
through the special civil actions of certiorari, Questions Reviewable
mandamus, and prohibition, which are available
Two kinds of questions are reviewable by the courts of
only if there is no other plain, speedy and
justice:
adequate remedy.
Question of Fact Question of Law
The underlying principle of the rule on the Doctrine of
Exhaustion of Administrative Remedies rests on the
needs to be permitted by may be appealed to the
presumption that the administrative agency, if afforded Legislative courts independently of
complete chance to pass upon the matter, will decide legislative permission or
the same correctly. even against legislative
prohibition
B. Exceptions to the Doctrine of Exhaustion of
Administrative Remedies: (QEPUSIR PSQ)

1. When the QUESTION raised is purely legal. Findings of fact are Findings of law are only
2. When the AB is in ESTOPPEL. generally accorded tentative at best and may
3. When the act complained of is PATENTLY respect, if not finality. be reviewed and reversed
by the courts in proper
ILLEGAL.
cases.
4. When there is URGENT need of judicial
intervention.
5. When the claim involved is SMALL.
6. When IRREPARABLE damage will be suffered.
7. When there is no other plain, speedy, and Substantial evidence
adequate REMEDY.
8. When strong PUBLIC INTEREST is involved.
9. When the SUBJECT of the controversy is private
land.
10. In QUO WARRANTO proceedings.

Exceptions to the rule that factual findings of AB

that are affirmed by the CA are conclusive upon
and generally not reviewable by the Supreme
C. Appeal to the President
Court:
The Doctrine of Exhaustion of Administrative Remedies
1. When the findings are grounded entirely on
empowers the Office of the President to review any
speculation, surmises or conjectures.
determination or disposition of the department head.
2. When the interference made is manifestly
mistaken, absurd or impossible.

8
3. When there is grave abuse of discretion.
4. When the judgment is based on a
misapprehension of facts
5. When the findings of facts are conflicting
6. When in making its findings, the CA went
beyond the issues of the case
7. When the findings are contrary to the trial court
8. When the findings are conclusions without
citation of specific evidence on which they are
based
9. When the facts set forth in the petition are not
disputed by the respondent
10. When the findings of fact are premised on the
supposed absence of evidence and contradicted
by the evidence on record
11. When the CA manifestly overlooked certain
relevant facts not disputed by the parties,
which, if properly considered, would justify a
different conclusion.