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Administrative Law
-comprehensive coverage in
terms of the public institutions to
which administrative agencies
provide support or assistance and
the general public for which they
are established to serve.
administrative bodies
and defining their
powers, rights
inhibitions, among
others, and the effects
of their determinations
and regulations
Aratuc vs. Comelec
Maceda vs. ERB
3. Rules and regulations
issued by the
administrative bodies in
pursuance of the
purposes for which they
are created.
Omnibus Rules
Implementing the Labor
Code by DOLE
-Circulars of Central
Monetary Authority on
interest rates
-regulations of the
Commission on Immigration
and Deportation
-SEC Rules
-Bureau of Patents,
Trademarks and Technology
Transfer
4. Determinations and
orders of the
administrative bodies in
the settlement of
controversies arising in
their respective fields.
-adjudications of
administrative agencies in
the exercise of their quasijudicial powers
-NLRC with respect to
money claims of employees
Government of the Republic of
the Philippines refers to the
corporate governmental entity
through which the functions of
government are exercised
throughout the Philippines,
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 through
its instrumentalities either wholly,
or, where applicable as in the
case of stock corporations, to the
extent of at least fifty-one (51)
per cent of its capital stock:
Provided, That governmentowned or controlled corporations
may be further categorized by the
Department of the Budget, the
Civil Service Commission, and the
Commission on Audit for purposes
of the exercise and discharge of
their respective powers, functions
and responsibilities with respect
to such corporations.
General Supervision
CHAPTER 6
Section 18. General Supervision
Over Local Governments.
The President shall exercise
general supervision over local
governments.
Section 23. The Agencies under
the Office of the President.
The agencies under the Office of
the President refer to those offices
placed under the chairmanship of
the President, those under the
supervision and control of the
President, those under the
administrative supervision of the
Office of the President, those
attached to it for policy and
program coordination, and those
that are not placed by law or
order creating them under any
specific department.
Control
CHAPTER 1
Section 1. Power of Control.
The President shall have control
of all the executive departments,
bureaus, and offices. He shall
ensure that the laws be faithfully
executed.
Supervision and Control
CHAPTER 7 ADMINISTRATIVE
RELATIONSHIP
Section 38. Definition of
Administrative Relationship.
Unless otherwise expressly stated
in the Code or in other laws
defining the special relationships
of particular agencies,
administrative relationships shall
be categorized and defined as
follows:
(1) Supervision and Control. Supervision and control shall
include authority to act directly
whenever a specific function is
entrusted by law or regulation to
a subordinate; direct the
performance of duty; restrain the
commission of acts; review,
approve, reverse or modify acts
and decisions of subordinate
officials or units; determine
priorities in the execution of plans
and programs; and prescribe
standards, guidelines, plans and
programs. Unless a different
meaning is explicitly provided in
the specific law governing the
relationship of particular
agencies, the word "control" shall
encompass supervision and
control as defined in this
paragraph.
Administrative Supervision. (a) Administrative supervision
which shall govern the
administrative relationship
between a department or its
equivalent and regulatory
agencies or other agencies as
may be provided by law, shall be
limited to the authority of the
department or its equivalent to
generally oversee the operations
of such agencies and to insure
that they are managed
effectively, efficiently and
economically but without
interference with day-to-day
activities; or require the
submission of reports and cause
the conduct of management
audit, performance evaluation
and inspection to determine
compliance with policies,
standards and guidelines of the
department; to take such action
as may be necessary for the
proper performance of official
functions, including rectification
of violations, abuses and other
forms of maladministration; and
to review and pass upon budget
proposals of such agencies but
may not increase or add to them;
(b) Such authority shall not,
however, extend to: (1)
appointments and other
personnel actions in accordance
with the decentralization of
personnel functions under the
Code, except appeal is made from
an action of the appointing
authority, in which case the
appeal shall be initially sent to the
department or its equivalent,
subject to appeal in accordance
with law; (2) contracts entered
into by the agency in the pursuit
of its objectives, the review of
which and other procedures
related thereto shall be governed
by appropriate laws, rules and
regulations; and (3) the power to
upon to execute.
CONS: constitute a defect as well
as to the extent that it permits a
disregard or misapplication of the
law at the will of those who are
supposed to enforce it in the
exercise of discretionary powers.
Administrative Agency
-body endowed with quasilegislative and quasi-judicial
powers for the purpose of
enabling it to carry out laws
entrusted to it for enforcement or
execution.
-arm of legislature insofar
as it is authorized to promulgate
rules that have the force of law by
virtue of a valid delegation of
legislative power.
-a court when it decides
factual and legal questions as an
incident of its general power of
regulation.
-basically pertains to
executive department because its
principal function is the
implementation of the law in
accordance with the policies and
instructions laid down by the
legislature.
-composed of persons who
are experts in the particular field
of specialization under its
jurisdiction, appointed by law and
informed by experience.
Advantages
Expertise derived from
specialized training and
experience and adaptability
to change and ease in
reacting to new and even
emergency situations.
More resilient when
economic problems arise.
They can initiate action,
proceed to the solution of
If created by Constitution,
altered or abolished only by
amendment.
If by statute, amend or
repeal by legislature of its
charter resulting into
abolition in good faith.
Administrative body created
by law may be recognized
pursuant to said law
establishing it or another
law authorizing its
recognition.