Documente Academic
Documente Profesional
Documente Cultură
2014-0241
POLITICAL LAW REVIEW | based on the Outline Reviewer in Political Law of Justice
Antonio Nachura
_____________________________________________________________________________
ADMINISTRATIVE LAW
I. GENERAL PRINCIPLES
A. Administrative Law.
That branch of public law which fixes the
organization and determines the competence of
administrative authorities and indicates to the
individual remedies for the violation of his rights.
Kinds:
a) Statutes setting up administrative authorities.
b) Rules, regulations or orders of such
administrative authorities promulgated pursuant to
the purposes for which they were created.
c) Determinations, decisions and orders of such
administrative authorities made in the settlement
of controversies arising in their particular fields.
d) Body of doctrines and decisions dealing with the
creation, operation and effect of determinations
and regulations of such administrative authorities.
Administration.
Meaning. Understood in two different senses:
i) As a function - the execution, in nonjudicial matters, of the law or will of the
State as expressed by competent authority.
ii) As an organization: that group or
aggregate of persons in whose hands the
reins of government are for the time being.
Distinguished from government
Kinds:
i)
Internal:
legal
side
of
public
administration, e.g., matters concerning personnel,
fiscal and planning activities.
ii) External: deals with problems of
government regulations, e.g., regulation of lawful
calling or profession, industries or businesses.
B. Administrative Bodies or Agencies
Defined
Organ of government, other than a court and
other than a legislature, which affects the
rights of private parties either through
adjudication or rule-making.
Creation
They are created either by:
a) Constitutional provision;
b) Legislative enactment; or
c) Authority of law
Criterion
A body or agency is administrative where its
function is primarily regulatory even if it
conducts
hearings
and
determines
controversies to carry out its regulatory duty.
On
its
rule-making
authority,
it
is
administrative when it does not have
discretion to determine what the law shall be
details
for
the
Types:
a) Bodies set up to function in situations
where the government is offering some
gratuity, grant or special privilege, e.g.,
Bureau of Lands.
b) Bodies set up to function in situations
wherein the government is seeking to carry
on certain of the actual business of
government, e.g., BIR.
c) Bodies set up to function in situations
wherein the government is performing
some business service for the public, e.g.,
MWSS.
d) Bodies set up to function in situations
wherein the government is seeking to
regulate business affected with public
interest, e.g., LTFRB.
e) Bodies set up to function in situations
wherein the government is seeking under
the police power to regulate private
business and individuals, e.g., SEC.
f) Bodies set up to function in situations
wherein the government is seeking to
adjust individual controversies because of
a strong social policy involved, e.g., ECC.
g) Bodies set up to make the government a
private party, e.g., GSIS.
II. POWERS OF ADMINISTRATIVE BODIES
A. Powers of Administrative Bodies.
1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers
B. Quasi-legislative power.
Nature
the exercise of delegated legislative power,
involving no discretion as to what the law shall
be, but merely the authority to fix the details
in the execution or enforcement of a policy set
out in the law itself
CASE : Holy Spirit Homeowners Association v.
Secretary Defensor, G.R. No. 163980, August
3, 2006 - the Supreme Court said that quasilegislative power is the power to make rules
and regulations which results in delegated
legislation that is within the confines of the
granting statute and the doctrine of nondelegability and separation of powers.
a) Rules and regulations issued by administrative
authorities pursuant to the powers delegated to
them have the force and effect of law; they are
binding
on all persons subject to them, and the courts will
take judicial notice of them.
Interpretative legislation
- They are rules and regulations construing or
interpreting the provisions of a statute to be
enforced and they are binding on all
concerned until they are changed, e.g., BIR
Circulars, CB circulars, etc.. They have the effect of
law and are entitled to great respect; they have in
their favor the presumption of legality [Gonzalez
v. Land Bank, 183 SCRA 520].
c) Contingent legislation
- They are rules and regulations made by an
administrative authority on the existence of certain
facts or things upon which the enforcement of the
law depends
3. Requisites for validity:
a) Issued under authority of law.
b) Within the scope and purview of the law.
i) The power of administrative officials to
promulgate rules in the implementation of a
statute is necessarily limited to what is provided for
in the legislative enactment.
- The implementing rules and regulations of
a law cannot extend the law or expand its
coverage, as the power to amend or repeal a
statute is vested in the legislature.
- administrative bodies are allowed, under
their power of subordinate legislation, to
implement the broad policies laid down in the
statute by filling in the details.
- All that is required is that the regulation
be germane to the objectives and purposes of the
law
- that the regulation does not contradict but
conforms with the standards prescribed by law
[Public
Schools
District
Supervisors
Association v. Hon. Edilberto de Jesus, G.R.
No. 157299, June 19, 2006].
ii) In Land Bank v. Court of Appeals,
249 SCRA 149, the Court nullified DAR Adm.
Circular No. 9, which allowed the opening of a trust
account
in behalf
of
the landowner as
compensation for the property taken, because Sec.
16 (e), R.A. 6657, is specific that the deposit must
be made in cash or in Land Bank bonds. The
implementing regulation cannot outweigh the clear
provision of the
law. See also Cebu Oxygen & Acetylene Co. v.
Drilon, 176 SCRA 24.
iii) the Supreme Court ruled that the HDMF
cannot, in the exercise of its rule-making power,
issue a regulation not consistent with the law it
seeks to enforce and administer. Administrative
issuances must not override, supplant or modify
the law. Romulo, Mabanta Law Office v. Home
Development Mutual Fund, G.R. No. 131082,
June 19, 2000,
iv) Where the regulatory system has been
set up by law, it is beyond the power of an
c) Reasonable
d) Publication in the Official Gazette or in a
newspaper of general circulation, as provided in
Executive Order No. 200.
- interpretative rules and regulations, or those
merely internal in nature, or the so-called letters of
instruction Issued by administrative superiors
concerning the rules and guidelines to be followed
by their subordinates in the performance of their
duties, may be simply posted in conspicuous
places in the agency itself.
- Such posting already complies with the
publication requirement. Publication must be in full,
or it is no
publication at all [Tanada v. Tuvera, 146 SCRA
446],
1.
Enabling
- to permit or allow something which the
law undertakes to regulate, e.g., grant or
denial of licenses to engage in a particular
business.
2.
Directing
- illustrated by the power of assessment of
the BIR or the Bureau of Customs.
3. Dispensing
to exempt from a general prohibition, or
relieve an individual or corporation from an
affirmative duty, e.g., authority of zoning
boards to vary provisions of zoning ordinances,
or the authority of the
4. Examining
also called the investigatory power; consists in
requiring production of books, papers, etc., the
attendance of witnesses and compelling their
testimony.
a) Power to compel attendance of
witnesses not inherent in administrative
body; but an administrative officer
authorized to take testimony or evidence is
deemed authorized to administer oath,
summon witnesses, require production of
documents, etc.
b) Power to punish contempt must be
expressly granted to the administrative
5.
Summary
- power to apply compulsion or force
against persons or property to effectuate a
legal purpose without a judicial warrant to
authorize such action, e.g., in the fields of
health
inspections,
abatement
of
nuisances, etc.
pursuant
to
Review:
specific