Memory Aid in Admin Law (Chapter 1 and 2).pdf

8/16/2019 Memory Aid in Admin Law (Chapter 1 and 2).pdf

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Agustin Aristeo F. Bautista | Admin Law | Atty. Berne Guerrero| AUSL | SY 2014-2015|

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CHAPTER 1

Concept of Administrative Law

Admin Law – belongs to the field ofpublic law1 which includes CONSTILAW, CRIM LAW, and INTERNATIONALLAW.

Widest Sense – The entire system of lawsunder w/c the machinery of the Stateworks and by w/c the State performs all

government acts. It embraces all lawsthat regulate or control theadministrative organization andoperations of the government includingthe legislative and judicial branches

Very Broad Definition – The law w/c

provides the structure of government

and prescribes its procedure. The laww/c controls or is intended to control theadmin operations of the government or“the law of governmentaladministration”

Less Comprehensive Sense – AL has

been referred to as part of public law w/cfixes the organization and determines

the competence of the admin auth andindicates to the individual, remedies forviolation of his rights

Narrower or More Limited Signification–

a. That branch of modern law under w/cthe executive department of governmentacting in a quasi-legislative or quasi-

judicial capacity, interferes with theconduct of the individual for the purposeof promoting the well-being of thecommunity, as under laws regulatingpub corps, business affected with apublic interest, professions, trades andcallings, rates and prices, law for theprotection of the public health and

safety and the promotion of the publicconvenience and advantage.

b. That system of legal principles tosettle the conflicting claims of executiveand administrative authority on the onehand and of individual or private rightson the other.

1 Public Law is that branch of law which regulates

that relations of the state with its objects. PL

concerns itself with rights of the State as an entity

representing the organized community and therelations of the individual members of such

societarian organization to it.

c. It is the Law Concerning the powersand procedures of administrative

agencies including specifically the lawgoverning judicial review of adminaction.

Generally Understood – AL means that

part of law w/c governs the organisation,functions, and procedures ofadministrative agencies of governmentto which quasi- legislative powers aredelegated and quasi -judicial powers are

granted, and the extent and manner towhich such agencies are subject tocontrol by the courts.

Scope of Administrative Law

Administrative Law embraces not onlythe law that governs admin authoritiesbut also the law made by administrativeauthorities 2 whether of general or

particular applicability.

1. The Law which fixes theadministrative organization & structureof the government;

2. The Law, the execution orenforcement of which is entrusted to the

administrative authorities;

3. The law which governs publicofficers including their competence (toact), rights, duties, liabilities, electionetc;

4. The law which createsadministrative agencies, defines theirpowers and functions, prescribes their

procedures, including the adjudicationor settlement by them of contested

matters involving private interests;

5. The law which governs judicial reviewof, or relief against, administrativeactions or decisions;

6. The rules, regulations, orders anddecisions (including presidential

2 Is meant all those specific officers and agencies of

the government that are charged with the

amplification, application and execution of the law,

but to not include, by virtue of the doctrine ofseparation of powers, Congress and the regular

courts.


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proclamations) made by administrativeauthorities dealing with theinterpretation and enforcement of the

laws entrusted to their administration;

7. The body of judicial decisions anddoctrines dealing with any of the above;

8. The body of judicial decisions anddoctrines dealing with any of the above.

Concerns of Admin Law

1. Private Rights2. Delegated Powers and CombinedPowers

Admin Law vis-a-vis International Law

Admin Law(AL)

International Law(IL)

AL lays down therules which shallGUIDE theOFFICERS of theAdministration in

their actions asagents of theGovernment.

IL cannot beregarded asbinding upon theofficers of anygovernment

considered in theirrelation to theirown governmentexcept in so far asit has beenadopted into theadministrative lawof the state.

Admin Law vs Consti Law3

Consti Law(CL)

Admin Law(AL)

CL prescribes theGENERAL PLAN orFRAMEWORK of

GOVERNMENTALORGANIZATION

AL GIVES &CARRIES OUT THIS PLAN in its

MINUTESTDETAILS

CL treats of therights of theindividual;

Stress Upon theRIGHTS

AL treats themfrom thestandpoint of thepowers of thegovernment;

EMPHASIZE ONPOWERS of

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Insofar as it fixes or regulates the administrativeorganization of the govt, admin law is the

necessary SUPPLEMENT of CONSTI LAW. It also

GOVERNMENT &DUTIES OF THECITIZENS

CL prescribeslimitations on the

powers of the

GOVT to protectthe rights ofindividuals againstABUSE

AL indicates toINDIVIDUALS the

REMEDIES for the

VIOLATION oftheir RIGHTS.

Penal Law vs Admin Law

Penal Law (PL) Admin Law (AL)

PL consist really abody of penalsanctions whichare applied to all

branches of thelaw, including AL

AL may have apenal provisiontherein as meansto enforce a rule

w/c is stilladministrative incharacter

Public Administration vs Admin Law

PublicAdministration

(PA)Admin Law

(AL)

PA has somethingto do with:

1.The PRACTICALMANAGEMENTand DIRECTION of

the VARIOUSORGANS of theSTATE;

2. EXECUTION ofSTATE POLICIESby the Executiveand Administrative

Officers entrustedw/ such functions.

AL, in its TRUEFIELD, refersONLY to theEXTERNALASPECT of PublicAdministration. AL

is thus a narrowerbranch but itCONSTITUES theBULK of LAW ofPA.

Principal Subdivisions ofAdministrative Law

1 .General;2. Law of Internal Administration; and3. Law of External Administration.

SUPPLEMENTS CONSTI LAW as it determines therules relative to the activity of the Admin

Authorities


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General – The 2 aspects ofAdministrative Law is RELATIVE ratherthan ABSOLUTE. These two are closely

INTERRELATED and at many pointsquite INSPERRABLE, especially TRUEwhen it comes to law on Public Officers.

Law on Internal AdministrationIt treats of legal relations

between the government and itsadministrative officers, and of the legalrelations that one administrative officer

or organ bears to another.

LEGAL ASPECTS of PUBLICADMINISTRATION -

a) It considers the LEGAL ASPECTS of PA

on its institutional side. This includes

the legal structure or organization of

PA; the legal aspects of its institutional

activities4

b) It comprehends such topics as the

nature of public office, de jure and de

facto officers and incompatible and

forbidden offices. Legal qualifications

for office; legal disqualifications of

officers; the appointment, tenure,

removal, compensation, and

pensioning of officers; the legal aspects

of a hierarchical form of departmental

organization; the legal relation of the

SUPERIOR to a SUBORDINATE; Legalrelation between the Power of Removal

and the Power of Direction or

Administrative Management.

Law on External AdministrationIt is concerned with the legal

relations between administrativeauthorities and private interests.

PRINCIPAL CONCERN – AL isprincipally concerned with the

4 Personnel, Material, Fiscal and Planning Activities;

and Legal Questions involved in overall

management of these activities.5 Constitution- The fundamental law, written or

unwritten, that establishes the character of a

government by defining the basic principles to

which a society must conform; by describing the

organization of the government and regulation,

distribution, and limitations on the functions of

different government departments; and by

prescribing the extent and manner of the exercise

of its sovereign powers.6 Statute - An act of a legislature that declares,

proscribes, or commands something; a specific law,

problems of administrativeregulation, rather than withthose of administrative

management.

PARTS – a. First – A survey of thosepowers and duties ofadministrative authorities thatrelate directly to privateinterests;

b. Second – An analysis of thescope and limits of such powers;c. Third – Some account of thesanctions attached to, or themeans of enforcing, officialdeterminations; and

d. Fourth - An Examination ofthe remedies against officialaction.

Classification of Administrative Law

1. As to Source;2. As to Purpose;3. As to Applicability;

As to Source:One classification frequently

presented draws a line between the LAWthat GOVERNS OR CONTROLS them,and that WHICH is MADE byADMINISTRATIVE AGENCIES:

The AL that Controls

Administrative Authorities – e.g. - Constitution5,- Statutes6,

- Judicial Decisions,- Executive Orders of thePresident,- Administrative Orders ofAdministrative Superiors7

expressed in writing. It is a written law passed by a

legislature. Statutes set forth general propositions

of law that courts apply to specific situations. A

statute may forbid a certain act, direct a certain act,

make a declaration, or set forth governmental

mechanisms to aid society. A statute begins as a bill

proposed or sponsored by a legislator. If the bill

survives the legislative committee process and is

approved by both houses of the legislature, the bill

becomes law when it is signed by the executive

officer. When a bill becomes law, the various

provisions in the bill are called statutes.7 Giving Directions to Administrative Subordinates


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The AL made byAdministrative Authorities8 -

- Presidential Proclamations9 - Rules of Practice and Decisionsof - Administrative Tribunals- Cease-and-Desist Orders of

Securities and ExchangeCommission

As to Purpose:

Procedural AdministrativeLaw10 (Adjective) – It is derivedfrom Constitution or a Statute orfrom Agency Regulations11

Substantive AdministrativeLaw – It is derived from samesources as above12 but contentsare different in that the law

establishes primary rights andduties, such as the conditionsunder which a broadcaster mayoperate or the labor practices inwhich employers and unionsmust not indulge.

As to Applicability13:

General Administrative Law – It is part of Admin Law which isof general nature and common toall, or most, admin agencies.

It includes:- Provisions w/c interpret themandate of the Constitution thatthere must be “due process oflaw” >> which establishes theexhaustion of administrativeremedies.

Special or ParticularAdministrative Law – It is thatpart of Admin Law that pertains

to particular agencies. Itproceeds from the particularstatute creating the individual

agency and thus, has little or no

8 AL made by administrative authorities includes

both GENERAL REGULATIONS and PARTICULAR

DETERMINATIONS. It constitutes, under

delegations of power embodied in statutory

administrative law, an imposing and constantly

expanding body of law.9

Issued under the Flexible-Tariff Clause10 It establishes the procedure which an agency

must or may follow in the pursuit of legal purpose.

application except in connectionwith such agency.

Most substantive ALs fall withinthis group as well as proceduralprovisions that are to be appliedonly by a given agency in casesfalling under its jurisdiction.

Examples:- Law regulating immigration. They prescribe the conditions

and restrictions under whichaliens may be admitted to andexcluded or deported from thiscountry. Laws therein alsocontain procedural provisionssetting forth, for instance, howthe government must proceed ifit wishes to deport an alien and

what administrative remediesthe alien may exercise and withinwhat time, etc,

Origin and Development ofAdministrative Law

1. Recognition Given as a DistinctCategory of Law

2. Multiplication of GovernmentFunctions

3. Growth and Utilization ofAdministrative Agencies

4. Fusion of Different Powers ofGovernment in AdministrativeAgencies

5. A Law in the Making

6. Philippine Administrative Law

Discussion:

Recognition Given as a DistinctCategory of Law – “Administrative Lawis of Comparatively Recent Origin”14

11 Regulation - A rule of order having the force of

law, prescribed by a superior or competent

authority, relating to the actions of those under the

authority's control.12 Constitution or a Statute or from Agency

Regulations13

Administrative Law, here, is the law that governsand is APPLIED by all the admin agencies.14 CASE: Mendoza vs Dizon 77 Phil 533


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It is only in the last few decades with therapid expansion of administrativeagencies and their increased functions

that a Substantial body of jurisprudencehas developed in the field and generalrecognition has been given to ADMINLAW as a distinct category of law

Multiplication of GovernmentFunctions – As modern life becamemore complex, the subjects of subject ofgovt regulations correspondingly

increase, which caused a multiplicationof government function, requiring anenormous expansion of publicadministration. The legislature had tocreate more and more administrativebodies, boards, tribunals specialized inthe particular fields assign to them andto which the legislature and the courts

were found no to be equipped toadminister properly and efficiently

Growth and Utilization ofAdministrative Agencies- AL has developed as the naturalaccompaniment of the growth ofadministrative agencies and theirutilization in response to the needs of a

changing society. AL has developed inresponse to the need for broad social orgovernmental control over complexconditions and activities which cannot

be dealt with in effectively by thelegislature nor the judiciary. AL dealswith issues ought to be decided byexperts and not by a judge (at least notin the first instance or until facts havebeen sifted and arranged). One thrust ofthe multiplication of administrativeagencies is that the interpretation certaincontracts and agreements and thedetermination of private rights underthem is no longer a uniquely judicial

function exercisable only by regularcourts 15

Fusion of Different Powers ofGovernment in AdministrativeAgencies – AL then resulted from theincreased functions of the government,the recent tremendous growth in adminagencies, and the fact that the agenciescreated in this period of growth weremuch more than conventional

15 Realty Exchange Venture Corp vs Sendino, 233

SCRA 665 (1994);Antipolo Realty Corporation vs NHA, 153 SCRA 399

(1987),

administrative officials such as hadexisted under earlier legislation.

a. Provocative Fusion of DifferentPowers of Government - with their

extensive investigation, rule-making andadjudicating powers

b. Power to Promulgate Rules andRegulations - vested with this power to

better carry out some legislative policiesand to decide on controversies w/in the

scope of their activities.

c. Bulk of Administrative Law -

- Laws which created AdminAgencies;

- Rules and RegulationsPromulgated by Admin Agencies;

- Body of Decisions rendered in

the adjudication of cases brought beforethem.

A Law in the Making

AL is still in its formative stages and isbeing developed as part of ourtraditional system of law. Theadministrative process and its agencies

are new comers in the field of law butadmin agencies are now established asvery important tribunals in theadministration of justice, making

decisions sometimes of vast importanceand equal matters determined by thecourts.

Philippine Administrative Law –

A substantial part of the principles ofadministrative law in the Philippines isderived from American and English Jurisprudence, it has persuasive force inour jurisdiction (not controlling)

Scope of Administrative Process

Includes the whole series of acts of anAdmin Agency whereby the legislativedelegation of a function is made effectualin particular situations. It embracesmatters concerning the procedure in thedisposition of both routine and

Philippine International Trading Corporation v

Angeles, 263 SCRA 421 (1996),Christian General Assembly, Inc. vs Ignacio, 597

SCRA 266 (2009).


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contested matters and the matter inwhich determinations are made,

enforced, and reviewed.

Advantages of Administrative Process

1. Advantages of Admin Adjudicationas compared with Executive Action -the Congress has resorted to theadministrative process as an alternativeto executive action not only in the matterof benefits (patents, public lands, andsocial security, tax administration, laborrelations)

2. Limitations upon the powers of thecourts. – Congress has entrusted theadministration of some laws to adminagencies when it might have entrusted

to the courts, for their administration isof such nature that it could have takenform of “cases and controversies”cognizable by the courts of law“exercising judicial power”. This is notthe case however with the issuance ofrules and regulations of generalapplicability, the fixing of rates orprices16

3. Trend toward preventivelegislation.

a. Ripeness for Judicial Relief – theexistence of the crim law may have adeterrent effect but then it does not allthe law can do is to impose punishmentafter the crime has been committed.

b. Need for more effective andflexible preventive remedies – thedesire for more effective and moreflexible preventive remedies has been afactor in the creation of many adminagencies:

MARINA – makes it possible forreasonable freight and passenger ratesto be fixed in advanced17

SEC – administers the requirement thatis issuers of securities tell the wholetruth in advance, in preference toleaving purchasers to their limited

16 All these functions involve discretion with respect

to future conduct hence will not be taken by the

courts. Hence juridical process is not an alternative

to the administrative process.17 Instead of leaving shippers and passenger to

undergo the expense of suing the ship owner to

action at law against the sellers whomade false statements about thesecurities. For such preventive methods,

admin agency is needed.

Licensing – Prevention is also the majorpurpose of licensing statutes. It is clearlypreferable to assure in advance, bylicensing, the competence of airplanepilots than to let anybody fly a plane andpunish a negligent pilot after a terribleaccident.

4. Limitations upon effectivelegislative action – Many adminfunctions could not be directlyperformed by Congress but others18 could be performed by the Congress.

Instead of delegating rule-makingpower, Congress could, in principle,

incorporate regulatory details into thestatutes. However, there are inherentlimitations in the legislative process w/cmake it a practical impossibility forcongress to do all the things ittheoretically could do.19 That is why thecongress delegates this wide power tothe admin agencies for if not, it mightlose itself in details to the detriment of

its indispensable functions ofdetermining basic policy and holdingadmin agencies accountable for the netresults.

5. Limitations upon exclusively judicial enforcement – A single adminagency can assume the responsibility forthe enforcement and can develop,subject to judicial review, uniformpolicies in carrying out of thatresponsibility.

6. Advantages of continuity ofattention and clearly allocatedresponsibility. – Admin agencies havethe time and facilities to become and toremain continuously informed, and theycan be given unified responsibility foreffectuating the broad policies laid downby Congress (e.g. NTC, NLRC, andInsurance Commission), these agencies

recover the difference between the rate charges

and the reasonable rate.18 Fixing rates, deciding money claims19

These limitations include lack of time andspecialized knowledge, lack of staff.


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are informed by experience and havecontinuous responsibility for enforcingpublic policies.

7. Need for organization to dispose ofvolume of business and to provide thenecessary records. – example are SSSand SEC. SSS must have the specializedstaffs and machinery to keep and makeavailable the records upon which judgment on thousands of claims andapplications must be bases. In

registration of Securities, the SEC mustbe organized to collect and collate hugemasses of data available for immediatereference by clerks, accountants,analysts, oil and gas experts etc.

Criticism against AdministrativeProcess

1. Tendency Towards Arbitrariness;

2. Lack of Legal Knowledge andAptitude in Sound Judicial Technique

3. Susceptibility to Political Bias orPressure often brought about byuncertainty of tenure;

4. A disregard for the safeguards thatinsure a full and fair hearing;

5. Absence of standard rules ofprocedure suitable to the activities ofeach agency; and6. A dangerous combination ofLegislative, Executive and Judiciary.

Relation between Admin Agencies andthe Courts

1. Collaborative Instrumentalities – Both are to be deemed collaborativeinstrumentalities of justice.

Collaboration of Judicial Power andFunction with the Admin Process is anecessary part of today’s legal system,and the appropriate independence of

each should be respected by the other,

2. Role of Courts – relation of both isnot that of upper and lower courts. Therole of the courts is:

a. To accommodate the adminprocess to the traditional judicialsystem;

b. to accommodate private rights andthe public interest in the powers reposedin admin agencies;

c. to reconcile in the field of adminaction, democratic safeguards andstandards of fair play with the effectiveconduct of government;

3. Discharge of Judicial Rule – theCourts must aim:

a. To maintain the Constitution byseeing that powers are lawfully vested inthe agencies and to maintain theconstitutional and statutory rights ofpersons by seeing that powers lawfullyvested in admin agencies are lawfullyexercised ;

b. To give due deference to the role ofthe administrative agencies and not tousurp or unlawfully limit the powers andfunctions lawfully vested in them, orinterfere with the proper exercise of theirvalid powers.

c. To lend the powers of the court tothe proper attainment of the value

objectives of the admin agency; an

d. To leave to the legislature or thepeople the remedy for admin action

which may be unwise or undesirable butis w/in the lawful powers of the agency. The courts are not advisers of the adminagencies.

Administration of Governmentdistinguished from Administration of

Justice

Admin Officers – those charged withthe administration of the govt.

Judicial Officers – those charged withthe administration of justice.

Nature of Work:

AOJ – the work done consists in thedecision of controversies betweenindividuals and government offices, asthe to the applicability in the cases inquestion of a particular rule of law. All Judicial officers have to do is todetermine what law is applicable to the

facts.


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AOG – The work done is not necessarily,or even often, the result of anycontroversy and is not merely dependent

on the solution of the question “what isthe law” but made also as a result ofconsideration of expediency. AdminOfficers must determine what is the lawin order to know whether they arecompetent to act and they must decidewhether in case they are competent toact, it is wise for them to act.

Administration as a Separate Power

Viewed in Two Senses:1. As a Function – administration is the

execution in non-judicial matters, of thelaw or will of the State as expressed bythe competent authority. As a function,administration may be external orinternal. It is the activity of the executiveofficers in action as opposed todeliberation or rendering a decision.

Thus it is found in all manifestations ofexecutive function. Administration hadto do with the carrying of law into effect – their application to the current affairsby way of management and oversight,including investigation, regulation and

control in accordance with and inexecution of the principles prescribed bythe lawmaker;

2. As an organization – Administrationmeans popularly the most importantadministrative authorities. It is thatgroup or aggregate of persons in whosehands reins of the govt are for the timebeing. It is the entire admin org

extending from the Chief Executivedown to the most humble subordinates.

In short, Administration is both theFUNCTION of the Execution of the Law(or management of government affairs)and the TOTALITY of the EXECUTIVEand ADMINISTRATIVE AUTHORITIES.

Administration as an organizationdistinguished from the Government

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Is the term used generally to describe an agencyexercising some significant combination of

executive, legislative, and judicial powers. It is a

Govt – refers to that “institution oraggregate of institutions by w/c anindependent society makes and carries

out those rules of action w/c arenecessary to enable men to live in acivilized state, or w/c are imposed uponthe people forming that society by thosewho possess the power or authority ofprescribing them. Govt is the aggregateof authorities which rule the society.

Administration - refers to the aggregateof those persons in whose hands thereins of government are entrusted by thepeople for the time being.

CHAPTER 2

NATURE AND ORGANIZATION OFADMINSITRATIVE AGENCIES

A. STATUS AND CHARACTERISTICS

Creation, Reorganization, and abolitionof Admin Agencies (AA)

1. In General – Some AA are created byor receive their powers fromConstitutional Provisions which maybe self-executing OR from LegislativeEnactments. Executive MAY alsocreate AA unless there’s a statuteproviding for it.

2. AA of Statutory Origin – Congress,at will, may expand, contract, reorganizeor abolish AA, hamstrung only byConstitutional Limitations. Usually,Congress vests power to the President toreorganize executive agencies andredistribute functions. Congress candelegate power to create positions.

Meaning of Admin Agency20

1. It covers boards, commissions,divisions, bureaus, and departments,office and authority. Some asserts thatthe Administrative is the 4th Power ofthe govt (quasi-legislative and quasi- judicial).

2. Term is usually employed to denotethe functionaries with which adminlaw is concerned (e.g. administrator,admin body, administrative tribunal).

govt body charged with administering andimplementing particular legislation.


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3. Under Admin Code of 1987, Agencyof the Govt is used to refer to any of thevarious units of the Govt, including adepartment, bureau, office,instrumentality or government-owned or

– controlled corpo or a local govt of adistrict

Admin Agency/Body vis-à-vis Court

AA Court

AA is generally alargeorganizationstaffed by menwho are deemedto become

experts in theirfields

Court is atribunal w/c ispresided by oneor more jurists learned in thelaw

Performs Varietyof Functions

Only onefunction -

Judicial

Uses varyingdegree ofdiscretion inarriving at

decisions w/obeing bound bytechnical rules ofprocedure

More or lessgoverned by fixedrules in arrivingat decisions andbound by the

rules21

Status or Character of ParticularAdmin Agencies22

1. As public or governmental agencies –

generally, they may be said to beagencies of the state/govt.

Representing no private rights oftheir own but functioning oracting within the scope oftheir auth for or behalf of thegovernment.

The term “admin agency” hascustomarily been restricted topersons vested under a statutewith the real power to act forthe govt.

The form of the agency takes, orthe function it performs is notdeterminative of the questionwhether it is an agency, although

21 That no final adjudication is to be made until after

due notice to the parties with opportunity for full

and fair hearing22 To a large extent, Status and character of AA

depend on the terms of the constitutional or

it may be significant with respectto other related questions.

2. As judicial bodies or courts – AA are

just that, and are not courts or part ofthe judicial system

Not courts in the strict sense – AA cannot exercise purely judicial functions and does nothave inherent power of the court,are not bound by technical rulesof procedure. Some AA’s are noteven held to constitute courtsbecause their main function is torepresent a particular public

interest or because of theirinvestigatory powers or becausethey exercised comingled legis,exec, and judicial functions.

They are courts in broad sense – AA’s exercising adjudicatorypowers are judicial bodies orcourts in the broad sense as theyexercise powers judicial innature and perform functionssame as a court and theirproceedings partake of thenature of judicial proceedings.

Functions primarily regulatory – AAs function is primarilyregulatory even if it conductshearings and decidescontroversies to carry out thisduty.

3. As legislative or executive agencies –

While admin agencies are separablefrom judicial branch, they are quasi.Certain AAs are deemed to be agents ofthe legislative branch or executive

branch.

4. As independent or subordinate bodies

– the term “admin agency” or

“commission” is often used either todesignate an agency independent of theexecutive branch or one not subject to asuperior head of dept. incontradistinction to subordinate thelatter term being applied to a bodywhose actions are subject to adminreview or revision.

statutory provisions creating them and the powers,

rights, duties, liabilities, or functions conferred on

them


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5. As corporate bodies or legal entities –

Some AA are bodies corporate with legalcapacity to sue and be sued.

Main Characteristics of AAs

1. Size –

Many AAs are necessarily largeand it reflects both jurisdiction andcharacter of their work. Staffs here

include many people performing varietyof tasks.

2. Specialization – AA specialize. Theirstaffs become specialized fromexperience or include persons withtechnical training.

3. Responsibility for the Results – Aparticular administrative agency is

charged by Congress withaccomplishing a particular statutoryend. Various AAs are charged withproductive attitude towards issues bymaking good to people a major part ofthe ends of democratic government (thismeans AA cannot take a wholly passive

attitude toward the issues which comebefore them and sit passively until someplaintiff takes initiative. AAs are alsotasked for the effective enforcement ofPublic Policy with fair play to privateinterests which are regulated

4. Variety of Admin Duties – Variety offunction means variety in thecircumstances and conditions underwhich the activities of the variousagencies impinge upon privateindividuals. A procedure which would befor the protection of the individual, inone situation, may be clearly to hisinjury in another situation.

Consequence of Characteristics

A highly importance characteristic ofAdministrative Procedure: Delegation of

Function and Authority

1. Allocation of Functions among themembers and staff of the agency

2. Major work of the agency is normallysupervision and direction .

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Unlike safeguards, delegation may even involvedecentralization through delegation to field offices.

AA cannot be specialist in allphases of work but specialistmust be immediately available tothem. The reality that many

persons in the agency other thanthe agency heads must do thebulk of work. When heads to the

bulk of the work, they robthemselves of time essential fortheir most important tasks

Predominant Feature: Delegationof Function and Authority –

admin body or agency includessubordinate officials upon whosehand, the body or agencydelegates a portion of itsauthority.

Delegation23 of Function and Authority

1. Types of Delegation -

a. Delegation of Internal Management;

b. Delegation of Authority to dispose ofRoutine Matters;

c. Delegation of Authority to dispose ofmatters informally, or to initiateformal proceedings; and

d. Delegation of Authority andFunction in formal proceedings (incl.auth to conduct formal hearings)

2. Delegation by Degree24 -

Delegation may be combined withsupervision and control which maycall for:

a. Statement by agency head ofpolicies which have crystallized forroutine application by subordinates;

b. consideration by agency heads ofcases in which the application ofestablished policy is difficult, or inwhich policy has not crystallized; and

c. the requirement of weekly or evendaily reports to agency heads

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Delegation may be a matter of degree. It is nottrue that auth must be delegation completely or

not at all.


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Types of Admin Agencies

Classification According to Purpose

1. Purpose is to offer some gratuity,grant or special privilege (ex. PhilVeterans Admin, GSIS, SSS, PAO, PhilMedical Care Commission)

2. Purpose is to function in situationswherein the government is seeking tocarry on certain functions of thegovernment. (ex BIR, Bureau ofCustoms, Bureau of Immigration, LandRegistration Authority)

3. Purpose is to function in situationswherein the government is performingsome business service for the public.(ex Philippine Postal Corp, Phil National

Railways, MWSS, Government Telephone System, National Food Auth,National Housing Auth.)

4. Purpose is to function in situationswherein government is seeking toregulate businesses affected withpublic interest (ex InsuranceCommission, Bureau of Air

transportation, LTFRB, ERB, Bureau ofMines and Geo sciences, NTC, HLURB)

5. Purpose is to function in situations

wherein the govt is seeking under thepolice power to regulate privatebusinesses and individuals (ex SEC,MTRCB, Games and Amusement Board,Dangerous Drugs Board, Bureau of Trade Regulation and ConsumerProtection (BTRCP)).

6. Purpose is to function in situationswherein the govt is seeking to adjustindividual controversies bec of somestrong social policy involved.

B. Administrative Organization25

Distribution Powers of the Government

1. Traditional Branches – Powers of theNational Govt are distributed among the3 branches:

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Administrative Organization –

refers to theadministrative structure of the government

including its political subdivisions and the allocation

Legislative Power – vested in theCongress which shall consists ofa Senate and a House of Rep,except to the extent reserved to

the people by the constitutionalprovision on initiative andreferendum

Executive Power – vested in thePresident

Judicial Power – vested in OneSupreme Court and in suchlower courts as may beestablished by law

Powers expressly vested in any branch ofthe govt shall not be exercised by, nordelegated to, any other branch of thegovt, except to the extent authorized by

the Constitution.

2. Special Bodies or Agencies –

There are three (3) independentConstitutional Commissions createdby the Constitution:

Civil Service Commission

Commission on Elections

Commission on Audit

They shall exercise the powers andfunction conferred upon them by theConstitution.

Independent Office:

In Accordance with the Constitution:

- Independent Office of the Ombudsman- Independent Office of the Commissionon Human Rights

- Independent Central MonetaryAuthority

- Independent NAPOLCOM

>>> Congress may establish an:

Independent Economic and PlanningAgency

of powers, functions, and duties to its various unitsor agencies.


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Organization of the Office of thePresident

The President, subject to the policy in

the Executive Office and in order toachieve simplicity, economy andefficiency, shall have the continuingauthority to reorganize the adminstructure of the Office of the President.For this purpose, he may do the ff:

a. Restructure Internal Organization of

the Office of the Pres Proper

b. Transfer any function under the Officeof the Pres to another Department orAgency

c. Transfer agency under the office of thePresident to any other department oragency and vice versa.

Definition of AdministrativeRelationship

Admin Relationship, in general, shall becategorized and defined as follows26

26

Unless otherwise stated in the Admin Code of1987 or in other laws defining special relationship

of particular agencies.

1. Supervision and Control – S&C shall

include auth to:

Act directly whenever a specificfunction is entrusted by law orregulation to a subordinate;

Direct the performance of duty;

restrain the commission of acts; Review, approve, reverse or

modify acts and decisions ofsubordinate officials or units;

Determine Priorities in theexecution of plans and programs

Prescribe standards, guidelines,plans and programs.

2. Administrative Supervision:

It shall govern the adminrelationship between adepartments or its equivalent

and regulatory agencies or otheragencies as may be provided bylaw. It shall be limited to theauthority of the department orits equivalent;

To generally oversee theoperations of such agencies andto insure that they are managedeffectively, efficiently andeconomically but withoutinterference with day to dayactivities

To require the submission ofreports and cause the conductof management audit,

performance, evaluation, andinspection to determinecompliance with policies,standards and guidelines of thedepartment;

To take such action as may benecessary for the properperformance of officialfunctions, includingrectification of violations,

abuses and other forms ofmaladministration;

To review and pass upon budgetproposals of such agencies butmay not increase or add tothem.

3. Attachment –

a. refers to the lateral relationshipbetween the department or its

Office of the President

Office of the PresidentProper

Private office

Executive Office

Staff Support System

Presidential SpecialAssistants/Advisers

System

Department orAgencies (Under the

Office of the President)


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equivalent and the attached agency orcorporation for purposes of policy andprogram coordination, which may beaccomplished by:

Having the departmentrepresented in the governingboard of the attached agency or

corporation, either as chairmanor as a member, with or withoutvoting rights, if this is permittedby the charter;

Having the attached corporationor agency comply with a systemof periodic reporting which shallreflect the progress of programsand projects;

Having the department or itsequivalent provide generalpolicies through itsrepresentative in the board,

which shall serve as theframework for the internalpolicies of the attachedcorporation or agency.

b. Matters of day-to-day administrationor all those pertaining to internaloperations shall be left to the discretionor judgment of the executive officer ofthe agency or corporation. In the eventthat the Secretary and the Head of the

Board or the attached agency orcorporation strongly disagree on theinterpretation and application ofpolicies, and the Secretary is unable toresolve the disagreement, he shall bringthe matter to the President forresolution and direction.

c. GOCC attached to a departmentattached to a dept. shall submit to theSecretary concerned their financialstatements within 60 days after theclose of the fiscal year.

d. Pending submission of the requiredfinancial statements, the corporationshall continue to operate on the basis of

the preceding year’ s budget until thefinancial statements shall have beensubmitted.

27 Chapters 7,8,9

Powers and Functions of DepartmentSecretary

The Secretary Shall:

1. Advise the President in issuing EO,Regulations, Proclamations and OtherIssuances.

2. Establish the policies andstandards for the operation of the Deptpursuant to the approved programs of

govts.

3. Promulgate Rules and Regulationsnecessary to carry out departmentobjectives, policies, functions, plans,programs and projects.

4. Promulgate Administrative

Issuances necessary for the efficientadministration of the offices under theSecretary and for proper execution of thelaws relative thereto.

5. Exercise Disciplinary Powers OverOfficers and Employees under theSecretary in accordance with law,including their investigation and the

designation of a committee or officer toconduct such investigation

6. Appoint all Officers and Employees

of the Dept except those whoseappointments are vested in thePresident or in some other appointingauth.

7. Exercise Jurisdiction over allBureaus, Offices, Agencies andCorporations under the Dept asprovided by law and in accordance withthe applicable relationships as specifiedin the Admin Code27

8. Delegate Authority to officers andemployees under the Secretary ’ sDiscretion in accordance with the Code.

9. Perform such other Functions asmay be provided by law.


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Authority of Department Secretary

Secretary of a Dept shall have

supervision and control over thebureaus, offices, and agencies underhim subject to the ff guidelines:

1. Initiative and Freedom of action onthe part of subordinate units shall beencouraged and promoted rather thancurtailed , and reasonable opportunityto act shall be afforded these units

before control is exercised;

2. With respect to functions involvingdiscretion, experienced judgment orexpertise vested by the law upon asubordinate agency, control shall beexercised in accordance with said law;

3. Wiry respect to any regulatoryfunction of an agency subject todepartment control, the authority of thedepartment shall be governed by theprovisions of the Code. The Secretary ’ sauthority as provided shall not apply tochartered institutions or GOCCsattached to the dept.

Delegation of Authority

The Sec or Head of the Agency shall have

authority over and responsibility for

its operation. He shall delegate suchauthority to the bureau and regionaldirectors as may be necessary for themto implement plans and programsadequately.

1. Delegated Authority shall be to theextent necessary for economical,efficient, and effective implementation ofnational and local programs in

accordance with policies and standardsdeveloped by each department or agency

with the participation of the regionaldirectors.

2. The delegation shall be in writing;shall indicate to which officer or class ofofficers and employees the delegation is

made; and shall vest sufficient authorityto enable the delegate to discharge hisassigned responsibility.

28 Refers to any agency organized as a stock or non-

stock corporation, vested with functions relating topublic needs whether governmental or proprietary

in nature, and owned by the government directly or

Line Bureau Authority

1. LBA of a dept. shall exercise

supervision and control over theirregional and field offices. They shall bedirectly responsible for the developmentand implementation of plans andprograms within their respectivefunctional specializations; and

2. Regional and other field offices shallconstitute the operating arms of the

bureau concerned for the directimplementation of the plans andprograms in accordance with theapproved policies and standards. Ascounterparts of the bureau, regional andfield offices shall undertake bureauoperations w/in their respective jurisdictions, and be directly responsible

to the director.

Relationship of GOCCs28 to theDepartment

1. They may be further categorized by

the Dept of Budget and Management,the CSC, and the COA for purposes ofthe exercise and discharge of theirrespective powers, functions andresponsibilities with respect to suchcorporations.

2. They shall be attached to theappropriate department with which theyhave allied functions or as may beprovided by EO for policy and programcoordination and for general supervisionprovided pertinent provisions of theCode.

3. In order to fully protect the interests

of the govt in GOCCs, at least 1/3 of themember of the Boards of such

corporation should either be SecretaryUnder Secretary or Asst. Secretary.

Prohibition to Hold any other Office orEmployment: During their tenure, thepresident, vp, members of the cabinet

and their deputies and assistants areprohibited, unless otherwise provided inthe Constitution, from holding any otheroffice or employment.

through its instrumentalities either wholly or where

applicable as in the case of stock corporations, tothe extent of at least 50% of its capital stock.


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Relationship of Regulatory Agencies29 to the Department

1. It shall be subject to the adminsupervision of the department underwhich they are placed, except when theyare government corporations in whichcase they shall be governed

2. Heads of Regulatory Agencies shallsubmit annually for the approval of the

Secretary concerned, their budgets andwork plans which shall be the basis oftheir day-to-day operations.

3. The regulatory agencies may availthemselves of the common auxiliary andmanagement services of the departmentas may be convenient and economical

for their operations.

Mandates of Different Departments30

29 Refers to any agency expressly vested with

jurisdiction to regulate, administer or adjudicatematters affecting substantial rights and interest of

private persons, the principal powers of which are

exercised by a collective body, such as commission,

board, or council.30 Read pp. 50 – 56 of Admin Law: Text and Cases

by De Leon 2013

Documents

Memory Aid in Admin Law (Chapter 1 and 2).pdf