Administrative Law DEFINED

-that branch of Public Law that (1) Fixes the organization of the government, (2) determines
competence of authorities who execute the law and (3) indicates to individual remedies for the
violation of his right.
Administrative Agency Defined
-an agency exercising some significant combination of Exec. , Legislative and Judicial powers.
-It is a Government body charged with administering and implementing particular legislation.
-Department in charge with the enactment and execution of laws enacted by the Government.
CREATION OF AGENCY
1. Sources
a. Constitutional Provisions which may be self-executing, but most of them have their
source in Legislative enactments.
b. Executive also may create administrative agencies especially investigative agencies,
and particularly under statutes so provided.
c. Legislative Enactments
2. Reason
Administrative agencies developed in response to the need for broad social or
governmental control over complex conditions and activities which in their detail cannot
be dealt with directly in an effective manner by the legislature or the judiciary. Its purpose
is the promotion and conservation of the interest and convenience of the public.
Due to clogged court dockets, the need for specialized administrative boards or
commission with the special knowledge and expertise, experience and experience and
capacity to hear and determine promptly disputes on technical matters or essentially
factual matters, subject to the judicial review in case of grave abuse of discretion.
POWERS OF ADMINISTRATIVE AGENCY
1. Investigatory Power
The power of the administrative body to inspect the records and premises and investigate
the activities of persons or entities coming under its jurisdiction, or to secure, or to require
the disclosure of information by means of accounts, records, reports, statements,
testimony of witnesses, production of documents or otherwise.
2. RULE MAKING or Quasi-Legislative Power
Power to amend, revise, alter or repeal its rules and regulation.
The power to implement the law it is entrusted to enforce.
The extent of administrative body to create rules and regulation shall be within the limits
of the powers granted to it or what is found in its legislative enactment itself.
3. ADJUDICATORY or Quasi-Judicial Power
Term which applies to the actions, discretion, etc., of public admin officers or bodies that
are required to investigate facts, or ascertain the existence of facts, hold hearings, and
draw conclusions from them as a basis for their official action and to exercise discretion of
a judicial nature.
The power to hear and determine or to ascertain facts and decide by the application of
rules to the ascertained facts.
DISTINCTION (INVESTIGATIVE AND QUASI JUDICIAL)
Both entitles investigation however quasi-judicial applies the law in resolving issues. There
is already a hearing. Thus quasi-judicial is subject to an appeal. Investigation is only
subject to certiorari.
DISTINCTION (JUDICIAL POWER AND QUASI-JUDICIAL POWER)
Quasi-judicial power is the function of the agency which is primarily administrative and the
power to hear and determine controversies is granted as an incident to administrative
duty, or at least it is properly exercisable by admin agencies. Judicial is inherent power of
the courts to hear, try and determine all sorts of cases of law and make a final
determination of what the law is and adjudicate the respective legal rights or liabilities of
the contending parties, with respect to the matter of controversy.
Their difference as to their Jurisdiction:
Quasi-judicial is limited because it can only hear and adjudicate controversies relating to
the subject matter pertaining to its specialization.
Judicial encompasses all sorts of cases.

TEST TO DETERMINEWHETHER AN AGENCY EXERCISES LEGISLATIVE OR QUASI-JUDICIAL

FUNCTION
The administrative agency exercises legislative function if the process only entails of
gathering information, evaluating evidence and hearing sides of parties. If the agency
applies the law to the issue and further adjudicates, it is already a quasi-judicial function.
DOCTRINE OF PRIMARY JURISDICTION
Referred to as the doctrine of prior resort or excusive administrative jurisdiction or
preliminary resort. Cases involving specialized disputes are referred to an administrative
agency of special competence to resolve the same.
Applies only when the administrative agency exercises its adjudicatory function.
DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES
Relief must be first sought by availing the administrative remedies before bringing an
action in or elevating it to the courts of justice for review thus allowing first the administrative
agency to carry out its functions and discharge its responsibilities within the specialized areas of
its competence before resort can be made to the courts.
CASE:
1. Freeman vc. SEC
Administrative agencies are tribunals of limited jurisdiction and as such can exercise only
those powers which are specifically granted to them by their enabling statutes.
Doctrine of Non-Interference
The judgment of a court of competent jurisdiction may not be opened, modified, or
vacated by any court or tribunal of concurrent jurisdiction.
2. Taada vs. Tuvera
Art. 2 of Civil Code:
Laws shall take effect after 15 days following the completion of their publication either in
the official gazette or in newspaper of general circulation in the Philippines unless
otherwise provided.
Publication is required as a condition precedent to the effectivity of the law to inform the
public of the contents of the law or rules and regulations before their rights are affected by
the same, hence subsequent publication thereof would not cure the defect.
Prior publication cannot be dispensed with for the reason that such omission would offend
due process insofar as it would deny the public knowledge of the laws that are supposed
to govern it.
Exceptions: In the following , publication is not necessary.
1. Interpretative rules
2. Internal regulation ex. Regulating personnel.
3. Letters of Instruction by administrative superior to its subordinate.
Note: NOTICE AND HEARING
Sec. 11 of 1987 Administrative Code Notice and hearing in contested
cases
In any contested case all parties shall be entitles to notice and hearing, the notice
shall be served at least 5 days before the date of the hearing and shall state the date,
time And place of the hearing.
The parties shall be given opportunity to present evidence and argument on all
issues. If not precluded by law, informal disposition maybe made of any contested case by
stipulation, agreed settlement of default.
The agency shall keep an official record of its proceeding.