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CHAPTER I ADMINISTRATIVE LAW INTERNATIONAL LAW

INTRODUCTION Lays down the rules w/c shall Cannot be regarded as binding
guide the officers of the upon the officers of any
administration in their actions government except insofar as
Administrative Law as agents of the government it has been adopted into the
The entire system of laws under w/c the machinery of the administrative law of the state
State works & by w/c the State performs all govt acts
Embraces all the laws that regulate/control the CONSTITUTIONAL LAW ADMINISTRATIVE LAW
administrative organization & operations of the govt Prescribes the general plan or Gives & carries out this plan
including the legislative & judicial branches framework of governmental in its minutest details
The law w/c provides the structure of government and organization
prescribes its procedure Treats of the rights of the Treats them from the
The law w/c controls or is intended to control the individual standpoint of the powers of
administrative operations of the government the govt
The law of governmental administration Stresses upon rights Emphasizes the powers of
That part of public law w/c fixes the organization & govt & duties of the citizens
determines the competence of the administrative Prescribes limitations on the Indicates to individuals,
authorities, & indicates to the individual, remedies for the powers of govt to protect the remedies for the violation of
violation of his rights rights of individuals against their rights
That part of the law w/c governs the organization, abuse in their exercise
functions, & procedures of administrative agencies of the
government to w/c (quasi) legislative powers are CRIMINAL LAW ADMINISTRATIVE LAW
delegated & (quasi) judicial powers are granted, and the Consists really of a body A rule of law protected or enforced
extent & manner to w/c such agencies are subject to of penal sanctions w/c by a penal sanction may be really
control by the courts are applied to all administrative in character, & the
branches of the law, mere affixing of a penalty to the
Scope of Administrative Law including administrative violation of a rule of administrative
1. the law w/c fixes the administrative organization & law law does not deprive such rule of
structure of the government its administrative character
2. the law, the execution or enforcement of w/c is entrusted
to administrative authorities
3. the law w/c governs public officers including their
PUBLIC ADMINISTRATION ADMINISTRATIVE LAW
competence (to act), rights, duties, liabilities, election,
Practical management & Administrative law covers all
etc.
direction of the various laws that concern public
4. the law w/c creates administrative agencies, defines their
organs of the State and the administration; but the true
powers & functions, prescribes their procedures, including
execution of state policies by field of administrative law
the adjudication or settlement by them of contested
the executive & refers only to the external
matters involving private interests
administrative officers aspect of public
5. the law w/c provides the remedies, administrative or
entrusted w/ such functions administration
judicial, available to those aggrieved by administrative
actions or decisions
6. the law w/c governs judicial review, or relief against,
PRINCIPAL SUBDIVISIONS OF ADMINISTRATIVE LAW
administrative actions or decisions
7. the rules, regulations, orders & decisions (including INTERNAL EXTERNAL
presidential proclamations) made by administrative treats of the legal relations concerned w/ the legal
authorities dealing w/ the interpretation & enforcement of bet. the govt & its relations bet. administrative
the laws entrusted to their administration administrative officers, & of authorities & private
8. the body of judicial decisions & doctrines dealing w/ any the legal relations that one interests
of the above administrative officer or
organ bears to another 4 parts:
Administrative Authorities: all those public officers & organs it comprehends such topics a survey of those powers &
(i.e. administrative agencies) of the government that are charged as the nature of public duties of administrative
w/ the amplification, application, and execution of the law, but do officers, de jure & de facto authorities that relate
no include, by virtue of the doctrine of separation of powers, officers, & incompatible & directly to private interests
Congress & the regular courts forbidden offices an analysis of the scope &
it considers the legal aspects limits of such powers
Administrative law embraces not only the law that governs of public administration on some account of the
administrative authorities, i.e. the Constitution, the statutes, and its institutional side sanctions attached to, or the
judicial decisions that construe & apply them as well as legal structure or means of enforcing official
appropriate principles of justice & equity in particular cases, but organization of public determinations
also the law made by administrative authorities, i.e. rules, administration an examination of the
regulations, orders & decisions, whether of general or particular legal dis/qualifications, remedies against official
applicability appointment, tenure, action
removal, compensation &
Concerns of Administrative Law pensioning for officers
1. Private rights
2. Delegated powers and combined powers

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CLASSIFICATION OF ADMINISTRATIVE LAW Relations Between Administrative Agencies & the Courts
1. The law that controls administrative authorities 1. Collaborative Instrumentalities
e.g. the Constitution, statutes, judicial decisions, a. Collaboration of judicial power & function w/ the
EOs of the Pres., & AOs of administrative superiors administrative process is a necessary part of
AS TO giving directions to administrative subordinates today’s legal system, & the appropriate
SOURCE 2. The law made by administrative authorities independence of each should be respected by
e.g. presidential proclamations issued under the the other
flexible-tariff clause, the rules of practice & 2. Role of Courts
decisions of administrative tribunals, & the cease- a. To accommodate the administrative process to
and-desist orders of the SEC the traditional judicial system
1. Adjective or procedural administrative law b. To accommodate private rights & the public
establishes the procedure w/c an agency must or interest in the powers reposed in administrative
may follow in the pursuit of its legal purpose agencies
its derived from the Constitution or a statute, or c. To reconcile in the field of administrative action,
AS TO from agency regulations democratic safeguards & standards of fair play
PURPOSE 2. Substantive administrative law w/ the effective conduct of government
derived from the same sources but it establishes 3. Discharge of Judicial Role
primary rights & duties, such as the conditions a. To maintain the Constitution by seeing that
under w/c a broadcaster may operate or the labor powers are not unlawfully vested in
practices in w/c employers & unions must not administrative agencies & to maintain the
indulge constitutional & statutory rights of persons by
1. General administrative law seeing that powers lawfully vested in them
chiefly but not exclusively procedural law (i.e. administrative agencies are lawfully exercised
remedies) but w/o abdicating their judicial responsibility
includes such provisions w/c interpret the b. To give due deference to the role of the
mandate of the Constitution that there must be administrative agencies, & not to usurp or
“due process of law”; w/c establish the doctrine of unwarrantedly limit the powers & functions
AS TO exhaustion of administrative remedies; w/c make lawfully vested in them, or interfere w/ the
APPLICA necessary – or render superfluous – a court trial de proper exercise of their valid powers
-BILITY novo; w/c provide fro hearing examiners; or w/c c. To lend the powers of the court to the proper
provide for judicial review attainment of the valid objectives of the
administrative agency
2. Special/particular administrative law
d. To leave to the legislature or the people the
pertains to particular agencies
remedy for administrative action w/c may be
proceeds from the particular statute creating the
unwise or undesirable but is w/in the lawful
individual agency & thus, has little or no
powers of the agency; the courts are not the
application, except in connection w/ such agency
advisers of administrative agencies
Origin & Development of Administrative Law
ADMINISTRATION ADMINISTRATION
1. recognition as a distinct category of law
OF GOVT OF JUSTICE
2. multiplication of government functions
3. growth & utilization of administrative agencies Administrative officers: those Judicial officers: those
4. fusion of different powers of govt in admin. agencies charged w/ the administration of charged w/ the
5. a law in the making government administration of justice
The work done is a result of The work consists in the
Administrative Process: the whole series of acts of an consideration of expediency decision of controversies
administrative agency whereby the legislative delegation of a bet. individuals & govt
function is made effectual in particular situations officers
Administrative officers must Judicial officers must
Advantages of the Administrative Process determine what is the law in order determine what law is
1. advantages of administrative adjudication as compared to determine whether they are applicable to the facts
w/ executive action competent to act, but brought before them
2. limitations upon the powers of the courts furthermore, they must decide
3. trend toward preventive legislation whether in case they are
4. limitations upon effective legislative action competent to act, it is wise for
5. limitations upon exclusively judicial enforcement them to act
6. advantages of continuity of attention & clearly allocated
responsibility Administration as a Separate Power
7. need for organization to dispose of volume of business to 1. as a function – administration is execution, in non-judicial
provide the necessary records matters, of the law or will of the State as expressed by
the competent authority
Criticisms Against Administrative Action 2. as an organization – the group/aggregate of persons in
1. tendency towards arbitrariness whose hands the reins of the government are for the time
2. lack of knowledge & aptitude in sound judicial technique being
3. susceptibility to political bias or pressure, often brought
about by uncertainty of tenure ADMINSTRATION GOVERNMENT
4. a disregard for safeguards that insure a full & fair hearing The aggregate of persons in The aggregate of
5. absence of standard rules of procedure suitable to the whose hands the reins of govt authorities w/c rule
activities of each agency are entrusted by the people for society
6. a dangerous combination of legislative, executive and the time being
judicial functions

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CHAPTER II
NATURE & ORGANIZATION OF ADMINSTRATIVE AGENCIES
A. Status & Characteristics
Administrative Agency
an agency exercising some significant combination of
executive, legislative, & judicial powers
it is a government body charged w/ administering &
implement particular legislation
it covers boards, commissions, divisions, bureaus, &
departments, & the somewhat less familiar designations
of “office” & “authority”
national agency – refers to a unit of the national govt
local agency – refers to a local govt or a distinct unit
therein
ADMINISTRATIVE AGENCY COURT
A large organization staffed by A tribunal w/c is presided by one
men who are deemed to or more jurists learned in the
become something of experts law
in their particular fields
Performs a variety of functions Has only 1 function – judicial
Uses a varying degree of Governed by fixed rules in
discretion in arriving at arriving at its decisions & bound
decisions & often proceeds w/o by the rules that no final
being bound by technical rules adjudication is to be made until
of evidence/procedure after due notice to the parties
w/ opportunity for a full & fair
hearing
Status or Character of Particular Administrative Agencies
1. As public or governmental agencies – agencies of the
state or govt, representing no private interests of their
own, but functioning or acting w/in the scope of their
authority, for & on behalf of the govt
2. As judicial bodies or courts –
a. They are not courts in the strict sense. They
cannot exercise purely judicial functions, do not
have inherent powers of a court, are not bound
in their proceedings by all the rules applicable to
proceedings in court
b. Those exercising adjudicatory powers are judicial
bodies & courts in the broad sense.
c. Its functions of are primarily regulatory even if it
conducts hearings & decides controversies to
carry out this duty.
3. As legislative or executive agencies –
a. They are arms & instrumentalities of the
legislative branch & may perform functions of a
legislative or quasi-legislative character
b. They are also viewed as part of the executive
branch, especially competent to deal w/ matters
w/in the scope of their authority by reason of
their experience, information, & careful study
4. As independent or subordinate bodies – the term
“administrative agency” or “commission” is often used to
designate an agency independent of the executive branch
or one not subject to a superior head of department
(“subordinate” applies to bodies whose actions are
subject to administrative review or revision)
5. As corporate bodies or legal entities – bodies corporate
w/ legal capacity to sue & be sued in the courts
Main Characteristics of Administrative Agencies
1. size – many are necessarily large w/c reflects both their
nationwide jurisdiction & the character of their work
2. specialization – their staffs become specialized from
experience or include persons w/ technical or professional
training
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3. responsibility for results – a particular administrative
agency is charged by Congress w/ accomplishing a
particular statutory end
4. variety of administrative duties – this makes
generalization in description difficult
Consequences of Characteristics
1. allocation of functions among the members & staff of the
agency
2. major work of the heads of an agency is normally
supervision & direction
Delegation of Function & Authority
1. 4 Types of Necessary Delegation:
a. Delegation of internal management
b. Delegation of authority to dispose of routine
matters
c. Delegation of authority to dispose of matter
informally, or to initiate formal proceedings
d. Delegation of authority & function in formal
proceedings
2. Delegation may be a matter of Degree. It may be
combined w/ supervision & control. Such supervision &
control may call for:
a. The statement by agency heads of policies w/c
have crystallized for routine application by
subordinates
b. Consideration by agency heads of cases in w/c
the application of established policy is difficult,
or in w/c policy has not crystallized
c. The requirement of weekly/daily reports to
agency heads
TYPES OF ADMINISTRATIVE AGENCIES
1. those created to function in - PVA
situations wherein the govt is - GSIS
offering some gratuity, grant or - SSS
special privilege - PAO
- PMCC
2. those set up to function in - BIR
situations wherein the govt is - BOC
seeking to carry on certain functions - BI
of the govt - LRA
3. those set up to function in - Phil. Postal Corp.
situations wherein the govt is - Phil. National Railways
performing some business service - MWSA
for the public - Govt Tel. Sys.
- NFA
- NHA
4. those set up to function in - Insurance Comm.
situations wherein the govt is - ERB
seeking to regulate businesses - LTFRB
affected w/ public interest - HLURB
5. those set up to function in - SEC
situations wherein the govt is - MTRCB
seeking under the police power to - GAB
regulate private businesses & - DDB
individuals - BTRCP
6. those agencies set up to function - NLRC
in situations wherein the govt is - SEC
seeking to adjust individual - DAR
controversies because of some - COA
strong social policy involved - ECC
B. Administrative Organization
Administrative Organization: administrative structure of the
govt including its political subdivisions & the allocation of powers,
functions, & duties to its various units or agencies
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Distribution of Powers of Government
1. Traditional Branch
a. Legislative
b. Executive
c. Judicial
2. Special Bodies/Agencies
a. Civil Service Commissions
b. Commission on Elections
c. Commission on Audit
d. Office of the Ombudsman
e. Commission on Human Rights
Organization of the Office of the President
1. The Office of the President Proper
a. Private Office
b. Executive Office
c. Staff Support System
d. Presidential Special Assistants/Advisers System
2. The Agencies Under the Office of the President – those
under the supervision & control of the President
Department: an executive department created by law; it includes
any instrumentality having or assigned the rank of a department,
regardless of its name or designation
Department Services
1. Planning Service
2. Financial & Management Service
3. Administrative Service
4. Technical Service
5. Legal Service
Bureau: any principal subdivision or unit of any department
Organization of Bureaus
1. each bureau shall be headed by a Director who may have
1 or more Asst. Directors as provided by law
2. powers & duties of heads of bureaus or offices
a. he shall be the chief executive officers & shall
exercise overall authority in matters w/in the
jurisdiction of the bureau
b. he shall appoint personnel to all positions in his
bureau/office
c. he may designate the asst. head to act as chief
of any division/unit w/in the organization
3. bureaus are either staff or line
a. staff bureau – primarily performs policy,
program development & advisory functions
b. line bureau – directly implements programs
adopted pursuant to department policies & plans
Organization of Field Offices
1. Regional Offices – they shall be established accdg. to law
defining field service areas
2. Administration – they shall be headed by a Regional
Director who may be assisted by 1 Regional Director
3. Supervision – functions may be performed under the
supervision & control of the dept. proper
4. Organization – they shall have units & services in w/c the
functional areas of the staff bureaus & services in the
dept. shall be represented
5. Functions of a Regional Office
a. Implement laws, policies, plans, programs, rules
& regulations of the department/agency in the
regional area
b. Provide economical, efficient & effective service
to the people in the area
c. Coordinate w/ regional offices of other
departments, bureaus, & agencies in the area
d. Coordinate w/ LGUs in the area
e. Perform other functions provided for by law
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Definition of Administrative Relationship
1. Supervision & Control
a. Act directly whenever a specific function is
entrusted by law or regulation to a subordinate
b. Direct the performance of duty; restrain the
commission of acts
c. Review, approve, reverse or modify acts &
decisions of subordinate officials or units
d. Determine priorities in the execution of plans &
programs
e. Prescribe standards, guidelines, plans &
programs
2. Administrative Supervision – it shall govern the
administrative relationship bet. a govt or its equivalent &
regulatory agencies or other agencies as may be provided
by law
3. Attachment – the lateral relationship bet. the dept. or its
equivalent & the attached agency or corp. for purposes of
policy & program coordination
GOCC: any agency organized as a stock or non-stock corp. vested
w/ functions relating to public needs whether government or
proprietary in nature, & owned by the govt directly or thru its
instrumentalities either wholly, or, in the case of stock
corporations, to the extent of at least 50% of its capital stock
Regulatory Agency: any agency expressly vested w/ jurisdiction
to regulate, administer, or adjudicate matters affecting substantial
rights & interests of private persons, the principal powers of w/c
are exercised by a collective body
Relationship of Regulatory Agencies to the Department
1. it shall be subject to the administrative supervision of the
dept. under w/c they are placed
2. the heads shall submit annually, for the approval of the
Secretary, their budgets & work plans
3. they may avail of themselves of the common auxiliary &
management services of the department as may be
convenient & economic for their operations
Different Departments
1. Department of Agrarian Reform
2. Department of Agriculture
3. Department of Budget & Management
4. Department of Education Culture & Sports
5. Department of Energy
6. Department of Environment & Natural Resources
7. Department of Finance
8. Department of Foreign Affairs
9. Department of Health
10. Department of Interior & Local Govt
11. Department of Justice
12. Department of Labor & Employment
13. Department of National Defense
14. Department of Public Works & Highways
15. Department of Social Welfare & Development
16. Department of Science & Technology
17. Department of Trade & Industry
18. Department of Tourism
19. Department of Transportation & Communication
CHAPTER III
POWERS & FUNCTIONS OF ADMINISTRATIVE AGENCIES
A. In General
Function: that w/c one is bound or w/c it is one’s business to do
Power: the means by w/c a function is fulfilled
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Scope of Powers
1. express or implied powers – their power is measured &
limited by the Constitution or law creating them or
granting them powers
2. inherent powers – they have no inherent powers,
although implied powers may sometimes be spoken of as
“inherent”
3. quasi-judicial powers – unless expressly empowered, they
are bereft of quasi-judicial powers
Nature of Powers
1. jurisdiction limited – they possess only such powers &
authority as have been specifically conferred upon them
by the Constitution or vested in them by Congress &
those as may necessarily be implied in the exercise
thereof or incidental to the attainment of their purpose
2. powers w/in their jurisdiction broad – the powers
conferred on them must be commensurate w/ the duties
to be performed & the purposes to be lawfully effected
3. powers subject to the Constitution, applicable law, or
administrative regulation – they must respect the
presumption of constitutionality to w/c statutes & admin.
regulations are entitled until such is repealed
Administrative Power/Function: it is of indefinite connotation
embracing in a loose sense some legislative, executive & judicial
prerogatives
powers are not explicitly legislative, executive & judicial
powers involve exercise of judgement & discretion
Classification of Powers of Administrative Agencies
1. as to nature
a. investigatory powers
b. quasi-legislative powers or rule-making powers
c. quasi-judicial powers or adjudicatory powers
2. as to degree of subjective choice
a. discretionary – the person exercising it may
choose w/c of several courses will be followed
following the dictates of their own
judgment/conscience
b. ministerial – one in respect to w/c nothing is left
to discretion; a simple , definite duty arising
under conditions admitted or proved to exist, &
imposed by law
B. Investigatory Powers
Scope of Investigatory Powers
1. inspect the records & premises
2. investigate the activities of persons/entities coming under
its jurisdiction
3. to require the disclosure of information by means of
accounts, records, reports, statements, testimony of
witnesses, production of documents
Investigatory Powers as Sole Powers Granted
1. to act merely as investigatory/advisory bodies
2. to secure & provide information
3. make recommendations
Investigatory Powers as Aid to Other Powers
1. consists in gathering, organizing, & analyzing evidence,
w/c is a useful aid/tool in an administrative agency’s
performance of its rule-making or quasi-judicial functions
2. investigation is indispensable to prosecution
Investigatory Powers vs. Judicial Functions
1. investigatory powers do not include the exercise of
judicial functions & its power is limited to investigating
the facts & making findings in respect thereto
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2. Adjudication signifies the exercise of power & authority to
adjudicate upon the rights & obligations of the parties
before it
Scope & Extent of Powers
1. initiation of investigation
2. conduct of investigation (usually held in private)
3. inspection & examination
4. requirement as to accounts, records, reports, or
statements
5. requiring attendance of witnesses, giving of testimony, &
production of evidence
6. hearing
7. contempt proceedings
Right to Counsel in Administrative Investigations
1. Hearing not part of criminal prosecution – a party to an
administrative inquiry may or may not be assisted by
counsel, & no duty rests on such body to furnish the
person being investigated w/ counsel
2. Exclusionary rule in custodial investigation not applicable
Importance of Administrative Investigations
useful for all administrative functions
for rule-making
for adjudication
for licensing
for prosecuting
for supervising & directing
for determining general policy
for recommending legislation
to obtain information upon w/c future action of a
legislative/judicial nature may be taken & may require
the attendance of witnesses in proceedings of a purely
investigatory nature
C. Rule-Making Powers
Rule-Making Power
The power to make implementing or interpretative rules
or regulations
Legislation on the administrative level
This is a valid exception to the rule on non-delegation of
legislative power, provided 2 conditions concur:
1. the statute is complete in itself, setting forth the
policy to be executed by the agency
2. said statute fixes a standard, mapping out the
boundaries of the agency’s authority to w/c it
must conform
Binding Force & Effect: a valid rule/regulation duly promulgated
by an administrative agency has the force & effect of law & is
binding on the agency & all those dealing w/ the agency
Limitations on the Rule Making-Power
1. it may not make rules & regulations w/c are inconsistent
w/ the provisions of the Constitution or a statute
2. it may not amend, alter, modify, supplant, enlarge, or
limit the terms of the statute
3. a rule or regulation should be uniform in operation,
reasonable, & not unfair or discriminatory
Kinds of Rule Making Powers/Rules and Regulations
1. Supplementary/Detailed Legislation: rule-making by
reason of particular delegation of authority
2. Interpretative Legislation: rule-making by the
construction & interpretation of a statute being
administered
3. Contingent Legislation or Determination: under delegated
power, whether a statute shall go into effect
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4. Procedural Rules: those describing the method by w/c the
agency will carry out its appointed functions
5. Internal Rules: those issued by an administrative superior
to his subordinates
6. Penal Rules: those w/c prescribe criminal sanctions
2 Characteristics of Legislative Rules
1. the statute has delegated power to the agency to adopt
the rule
2. it provides that the rule shall, if w/in the delegated
power, have authoritative force
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General Classification of Issuances
1. circulars: issuances prescribing policies, rules &
regulations, & procedures promulgated pursuant to law,
applicable to individuals & organizations outside the Govt
& designed to supplement provisions of the law or to
provide means for carrying them out, including
information relating thereto
2. orders: issuances directed to particular offices, officials,
or employees, concerning specific matters including
assignments, detail & transfer of personnel, for
observance or compliance by all concerned

Interpretative Rules & Regulations Practical Necessity of the Rule-Making Power

1. resemble judicial administration – they interpret the the inability of legislative bodies to anticipate all possible
statute being administered, to say what it means detailed situations in respect of any relatively complex
2. entitled to great weight & respect – they are not subject matter
conclusive, but at the best they are advisory, for it is the
courts that finally determine what the law means Requisites for Validity of Administrative R&R
1. they must have been issued on the authority of law
2. the must not be contrary to law & the Constitution
LEGISLATIVE RULES INTERPRETATIVE
RULES Grant of Rule-Making Powers
Power to The product of the The product of 1. By some legislative act – there must be a law authorizing
create new power to create new & interpretation of it to promulgate rules & regulations
law additional legal previously existing 2. By implication from the powers expressly granted – those
provisions that have laws (it merely that are deemed necessary to the due & efficient exercise
the effect of law (it clarifies the law they of the powers expressly granted
may embody new law) interpret)
Need for May be issued only May be issued as a Test To Determine the Validity of a Legislative Rule
express under express necessary incident of 1. W/N the rule relates to the subject matter on w/c the
delegation delegation of law the administration of power to legislate has been delegated
regulatory statute 2. W/N the rule conforms to the standards prescribed in the
Presence of Have the force & Mere statutory delegatory statute
statutory effect of law unless interpretations w/c 3. W/N the rule is invalid on constitutional grounds (e.g. due
sanction they are ultra vires or have behind them no process)
were issued under an statutory construction
unconstitutional Test to Determine the Validity of an Interpretative Rule
delegation 1. W/N the rule correctly interprets the statute
Binding force Valid legislative rules They are subject to 2. W/N the rule amounts to an attempt to exercise
& effect have the same force & judicial determination legislative powers w/c have not been delegated
effect as valid statutes
Tests Applied in Determining Validity of Rules
1. a rule is invalid if it exceeds the authority conferred to it
Contingent Legislation: shall take effect upon the happening of 2. a rule is invalid if it conflicts w/ the governing statute
future specified contingencies leaving to some other person/body 3. a rule is void if it extends/modifies the statute
the power to determine when the specified contingency has arisen 4. a rule is void if it has no reasonable relationship to the
statutory purpose
Procedural Rules: the methods by w/c the agency will carry out 5. courts will set aside rules deemed to be unconstitutional
its appointed functions or arbitrary or unreasonable

Ordinance Power of the President Requirements of Reasonableness

1. executive orders: provides rules of a general or
permanent character in implementation or execution of
constitutional or statutory powers
2. administrative orders: relate to particular aspects of
governmental operations in pursuance of his duties as
administrative head
3. proclamations: fixing a date or declaring a status or
condition of public moment or interest
4. memorandum orders: concerns matters of administrative
detail or of subordinate or temporary interest w/c only
concern a particular officer or office of Govt
5. memorandum circulars: concerns matters relating to
internal administration w/c the President desires to bring
to the attention of all or some of the departments,
agencies, bureaus, or offices of Govt for information &
compliance of all
6. general/special orders: acts & commands of the Pres. in
his capacity as Commander-in-Chief of the AFP
1. bear reasonable relation to the purpose sought to be
accomplished
2. supported by good reasons
3. free from constitutional infirmities or charge of
arbitrariness
Internal Rules & Regulations: administrative rules &
regulations issued by a superior administrative or executive officer
to his subordinates for the proper & efficient administration of the
law
Object of Internal Rules & Regulations: the efficient &
economical administration of the affairs of the department or
agency in w/c they issued in accordance w/ the law governing the
subject matter
Penal Rules & Regulations: rules & regulations carrying penal
or criminal sanctions for violation of the same

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Requisites for Validity of Penal Rules & Regulations
1. the law w/c authorizes the promulgation of R&R must
itself provide for the imposition of a penalty for their
violation
2. it must fix/define such penalty
3. the violation for w/c the R&R impose a penalty must be
punishable under the law itself
4. the R&R must be published in the Official Gazette
Note: the lawmaking body cannot delegate to an administrative
agency or official, the power to declare what acts shall constitute a
criminal offense & how it shall be punished
Legal Force & Effect of Administrative Rules & Regulations
1. legislative rules & regulations
a. have the force & effect of law
b. binding upon all the parties
2. interpretative rules & regulations
a. do not have the force & effect of law
b. entitled to the great weight & consideration by
the courts
c. not conclusive & subject to the challenges in
court
d. merely advisory, for it is the courts that finally
determine what the law means
3. rules prescribing the methods of procedure
a. have the effect of law
b. binding on both the agency & respondent parties
c. courts are competent to deter an agency’s own
interpretation of its procedural rules, where it is
felt that the ends of justice so require
d. they are void if found to be in conflict w/
statutory requirements
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Amendment or Repeal of Administrative R&R
1. a change in a regulation must be made in accordance w/
statutory procedural requirements
2. an administrative rule should not be amended so as to
effect a retroactive change
3. the doctrine of res judicata is not applicable
4. it is often expeditious for an agency to ignore a certain
rule in a particular case & adopt therein a different
procedure that that contemplated by the agency’s rule
Requirements of Notice & Hearing or Publication
1. where rules do not apply to named or specified parties
a. legislative function
b. no prior hearing or notice is required
c. e.g. fixing of rates that are meant to apply to all
enterprises of a given kind
2. where rules apply to named or specified parties
a. quasi-judicial function
b. prior notice & hearing is required
3. where requirements prescribed by law
a. notices of proposed rules must be given when
required by law, & such notices shall be
circulated as far as practicable to afford
interested parties the opportunity to submit their
views prior to the adoption of any rule
4. where rules have the force & effect of law
a. prior publication in the OG or newspaper of
general circulation
b. publication must be in full or it is no publication
at all
5. where regulations merely interpretative & those internal
in nature
a. publication is not required

Principles of Administrative Construction D. Adjudicatory Powers

it is the intention/purpose w/ w/c the rule or regulation
was adopted w/c is controlling Adjudicatory Powers
an administrative rule should ordinarily be given that 1. involve specific parties
construction w/c will, if possible, sustain its validity 2. involve judicial function exercised by a person other than
an administrative regulation providing punishment for the a judge
violation thereof should be strictly construed 3. involve exercise of judicial power conveniently styled
in a suit involving a public administrative agency, its rules “quasi-judicial”
& regulations should be strictly construed against it, &
that any ambiguities contained therein should be resolved Judicial Power: the power to hear, try & determine all sorts of
in favour of the adversary cases at law & equity w/c are brought before the courts; it is the
administrative rules of procedure are construed liberally power & authority to make a final, rather than an initial
in order to promote their object & assist the parties in determination, of what the law is & adjudicate the respective
claiming just, speedy, & inexpensive determination of rights of the contending parties
their respective claims & defenses
ADMINISTRATIVE JUDICIAL
Effect of Reliance on Rules FUNCTION FUNCTION
a person who relies in good faith on an agency rule The function of the agency is The duty is primarily to decide
should be held harmless from loss if that rule is later held primarily administrative & the questions of legal rights bet.
invalid or is amended power to hear & determine parties, such decision being the
protection is accorded to parties who had relied on and controversies is granted as primary object, & not merely
administrative rule that was subsequently amended or an incident to the incidental to regulation or some
repealed administrative duty other administrative function

Retroactive Operation of Rules, Regulations & Rulings Extent of Judicial or Quasi-Judicial Powers
1. jurisdiction limited
GR: while an agency may prescribe that a ruling by it shall operate 2. extent of powers depends largely on enabling act
prospectively only, if it fails so to provide, its ruling must operate 3. split jurisdiction not favored
retroactively as well as prospectively 4. grant of particular power must be found in the law itself
5. general policy to uphold exercise
Exception: an administrative rule or regulation will not be
construed to operate retrospectively where the intention to that Rule: the product of rule making
effect does not unequivocally appear
Rule-making: part of the administrative process that resembles a
Exception to the Exception: a new rule or ruing is not to be applied legislature’s enactment of statutes
retroactively if to do so would be unreasonable & inequitable

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Adjudication: part of the administrative process that resembles a
court’s decision of a case
QUASI-JUDICIAL/ QUASI-LEGISLATIVE/
ADJUDICATORY RULE-MAKING
Investigates, declares & Looks to the future & changes
enforces liabilities as they existing conditions by making
stand on present or past facts a new rule to be applied
& under laws supposed to thereafter to all or some part
exist of those subject thereto
Applies to named persons or Lays down general regulations
to specific situations that apply to or affect classes
of persons or situations
Nature of Particular Acts
1. licensing, enabling, or approving
a. quasi-judicial – granting, denying, suspending,
or revoking a license, permit, franchise, or
certificate of public convenience & necessity
b. judicial – an administrative action is not purely
administrative if it is dependent upon the
ascertainment of facts by the administrative
agency
2. fixing rates & charges
a. legislative - where the rules and/or rates laid
down are meant to apply to all enterprises of a
given kind throughout the country
i. the giving of prior notice & hearing to
the affected parties is not a
requirement of due process
b. quasi-judicial - where the rules & the rates
imposed apply exclusively to a particular party,
based upon a finding of fact
CLASSIFICATION OF ADJUDICATORY POWERS
The grant or denial of permit or authorization
The grant or denial of licences to engage in a
ENABLING particular business or occupation
POWERS To permit the issuance of securities
To grant certificates of public convenience or
necessity
To grant broadcasting licenses
Corrective powers of public utility commissions
DIRECTING Powers of assessment under the revenue laws
POWERS Reparations under public utility laws
Awards under workmen’s compensations laws
DISPENSING Authority to exempt from or relax a general
POWERS prohibition
Authority to relieve from an affirmative duty
Power to apply compulsion or force against
person or property to effectuate a legal
SUMMARY purpose w/o a judicial warrant to authorize
POWERS such action
Involves direct administrative action taken w/o
notice & hearing
An administrative tribunal having power to
EQUITABLE determine the law upon a particular state of
POWERS facts has the right to, & must, consider & make
proper application of the rules of equity
CHAPTER IV
SEPARATION OF ADMINISTRATIVE & OTHER POWERS
GR: Doctrine of Non-Delegation of Powers
the power conferred upon the legislature to make laws
cannot be delegated by that department to any other body
principle: a delegated power constitutes not only a right but
a duty to be performed by the delegate by the
instrumentality of his own judgment & not thru the
intervening mind of another
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Exceptions (permissible delegation of legislative power):
1. delegation to administrative agencies
2. delegation of legislative powers to local governments
3. delegation of emergency powers to the President
Need for the Delegation
1. details & questions beyond capacity of the legislature to
determine
2. matters requiring more specialized knowledge & expertise
possessed by administrative agencies
Requisites for Delegation
1. the completeness of the statute making the delegation
2. the presence of a sufficient standard
VALID DELEGATION INVALID DELEGATION
delegation of authority or Delegation of power w/c is
discretion as to the essentially/purely legislative in
execution of a law nature w/c must be exercised by
delegation of authority to the legislature
make findings of fact Delegation of power to make law
Sufficiency of Standards
1. dependent upon the nature of the power exercised & the
nature of the right restricted by such power
2. detailed standard not required
3. personal judgment of the agency, where unrestrained, is
not a sufficient standard
Law Where the Standard May be Expressed or Contained
1. may be prescribed in the law itself
2. may be found in other sources
a. other pertinent legislation
b. an executive order
c. in the field of law governing the operation of the
agency
Exceptions to the Rule Requiring Standards/Guides
1. in the handling of state property or funds
2. a power w/c is not directly/exclusively a legislative one
3. in a field w/c is purely administrative
4. power of a board to make recommendations w/c bind no
one
5. in matters w/c are in the nature of privileges as to the
using of property, engaging in occupations
6. where it is impracticable to lay down a definite
comprehensive rule
7. the act relates to the administration of police regulation &
is necessary to protect the general welfare, morals &
safety of the public
Note: in such situations, the courts will infer that the standard of
reasonableness is to applied
CHAPTER V
ADMINISTRATIVE PROCEEDINGS
Character of Proceedings
1. adversary in nature
2. quasi-judicial or judicial in nature
3. civil, not criminal, in nature
4. not an action at law, nor is it a litigation between private
parties
Jurisdiction: the power & authority given by law to hear & decide
a case
2 Elements of Jurisdiction
1. jurisdiction over the subject matter
2. jurisdiction over the person
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Necessity: jurisdiction is essential to give validity to the
determinations of administrative agencies
Source: their jurisdiction is dependent entirely upon the validity &
the terms of the statutes reposing power in them, & they cannot
confer jurisdiction on themselves
Jurisdiction
jurisdiction cannot be made effective by waiver or
estoppel
an administrative agency's determination as to its
jurisdiction is not conclusive upon the courts
a failure to exercise jurisdiction does not result in its loss
expiration of a statute may be held not to deprive an
administrative agency of jurisdiction to enforce the
statute as to liabilities incurred while the state was in
force, where a general saving statute continues such
liabilities
administrative agencies have no general powers but only
such as has been conferred upon them by law
Procedure to be Followed
1. may be prescribed in the statute creating the agency or
the rules promulgated by the agency by authority of law
2. any reasonable method, as they are not bound by the
rigid requirements of the Rules of Court
Note: but the proceedings may not be so informal as to amount to
a denial of the right to a hearing
Controversies Among Government Offices & Corporations
1. how settled - Book 4, Chapter 4, Administrative Code
2. disputes involving questions of law - settled or
adjudicated by the Sec. of Justice as Attorney-General of
the National Govt & as ex officio legal adviser of all
GOCCs
3. disputes involving questions of fact & law
a. Sol-Gen – if the claim involves only bureaus,
departments, officers & other agencies of the
National Government, GOCCs & other entities of
whom he is the principal law officer or general
counsel
b. Sec. of Justice – other cases
4. arbitration – the arbitration panel is composed of 1 rep.
each of the parties & presided over by a rep. of the Sec.
of Justice or Sol-Gen
5. appeals – decisions of the Sec. of Justice & the Sol-Gen,
when approved by the Sec. of Justice, may be appealed
to the President where the amount exceeds P1M
6. rules & regulations – Sec. of Justice shall promulgate the
rules & regulations necessary
Due Process of Law in Administrative Adjudication
the right to due process is a constitutional right w/c must
be observed even in administrative proceedings
it is an opportunity to be heard, or an opportunity to
explain one’s side, or an opportunity to seek a
reconsideration of the action or ruling complained of
administrative due process cannot be fully equated to due
process in its strict judicial sense
administrative tribunals exercising quasi-judicial powers
are free from the rigidity of certain procedural
requirements observed in the courts
denial of due process constitutes grave abuse of
discretion & may result in the invalidation of the
administrative proceedings & the order/determination
against a party
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Requisites of Administrative Due Process
1. right to notice, actual or constructive, of the institution of
the proceedings that may affect a person’s legal right
2. reasonable opportunity to appear & defend his rights &
introduce witnesses & relevant evidence in his favour, &
to controvert the evidence of the other party
3. a tribunal so constituted as to give him reasonable
assurance of honesty & impartiality, & one of competent
jurisdiction
4. a finding/decision by that tribunal supported by
substantial evidence presented at the hearing or at least
ascertained in the records or disclosed to the parties
affected
Manner of Institution of Proceedings
ex parte application
filing of a charge or complaint by an aggrieved person on
the basis of w/c notice of hearing is issued
under other statutes, particular administrative agencies
may institute proceedings on their own initiative, motion
or complaint
Waiver of Right to Notice
GR: a failure to comply w/ the requirements as to notice may
result in a failure to acquire jurisdiction
Exceptions:
1. when the right to notice is waived
2. where it is impossible to give such notice to all parties
who may be interested in the matter, in w/c case
personal notice is not required
Denial of Due Process May Be Cured
what the law prohibits is not the absence of previous
notice, but absolute absence thereof & lack of opportunity
to be heard
Elements of Right to Hearing
1. to present his case or defense, & submit evidence, oral or
documentary, in support thereof
2. to know the claims of the opposing party & to meet them
3. to cross-examine witnesses for a full & true disclosure of
the facts
4. to submit rebuttal evidence
Note: an actual hearing is not always an indispensable aspect of
due process; it is the opportunity to be heard that is the essence
of due process, and not necessarily than an actual hearing was
conducted
INVESTIGATION HEARING
Informal proceedings to There are parties & issues of law & of
obtain information to fact to be tried & at the conclusion of
govern future action, the hearing, action is taken w/c may
have no parties, and affect the rights of the parties, & the
are not proceedings in parties are entitled to be present in
w/c action is taken person & by counsel, participate in
against anyone the hearing & entitled to be furnished
a record of the proceedings
Proceedings in w/c No Hearing is Required
1. due process dependent upon the circumstances
2. nature of the right affected; the requirement is not
necessary:
a. when the purpose of the administrative
determination is to decide w/n a right/privilege
w/c an applicant does not possess shall be
granted to him or withheld
b. no personal or property rights are involved but
only a “privilege”
c. where a right is granted conditionally & subject
to termination
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3. nature of power exercised
a. not necessary: the proceeding/power exercised
is legislative, executive, administrative, or
ministerial in nature
b. necessary: judicial, quasi-judicial, adjudicatory
4. right to a hearing or to particular elements of a fair trial
may be waived
Applicability of Rules Governing Judicial Proceedings
1. strict legal rules not applicable
2. due process requirement to be observed
GR: the power to decide resides solely in the administrative
agency vested by law
Exception: it may be delegated to other persons (e.g. hearing
officer, examiner, or investigator, to receive evidence, hold a
hearing, & make reports on the basis of w/c the decision of the
administrative agency will be made)
Delegation of Authority to Hear & Receive Evidence
1. essential that judgment & discretion are finally exercised
by proper officer
2. essential that due process requirements are observed
3. essential that proper officer acts on his own independent
judgment
Evidence in Administrative Proceedings
1. application of strict rules of evidence
2. particular judicial rules
a. best evidence rule
b. transactions between 2 parties should not be
used against a 3rd party
c. expert & opinion evidence
d. privileges of witnesses
e. proper authentication of records
f. the use of interrogatories
3. essential rules of evidence
a. giving of evidence under oath
b. evidence must have probative value
c. right to know the evidence submitted
d. right to inspect documents
e. right to cross-examine witnesses
f. right to offer evidence in explanation or rebuttal
4. probative value
5. hearsay rule
a. GR: hearsay evidence is generally in proceedings
before administrative agencies, at least for
limited purpose, especially when not objected to
b. Exception: where the question at issue is not a
matter of opinion
6. admissions & declarations
a. GR: dying declarations, declarations of deceased
persons against their interest are admissible
b. Exception: self-serving declarations
7. evidence offered during the hearing
a. all parties must be fully appraised of the
evidence submitted
b. the decision must be rendered on the evidence
presented at the hearing or contained in the
record
8. agency files & records
a. the administrative agency may take notice of
data on file or results reached by it in other
cases where such is made known & there is
adequate opportunity for rebuttal
9. secret/confidential records
a. information cannot be withheld from the parties
on the ground that it is of confidential nature &
at the same time be used as a basis for decision
10. quantum of proof
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a. Substantial Evidence: such relevant evidence as
a reasonable mind might accept as adequate to
support a conclusion
Decisions or Orders
1. necessity of express findings
a. so it may be known upon what the action is
based as well as to protect & assure the parties
against careless & arbitrary action
b. to enable the courts to perform their function of
review, & to determine w/n the administrative
agency has kept w/in its jurisdiction
c. to give the reviewing court the assistance of an
expert judgment on the matters entrusted to the
agency for initial determination
2. form
a. they must be in the proper form, authenticated
as prescribed in the statute, & must be entered
against the property party
b. they state clearly & distinctly the facts & the law
on w/c a decision is based
3. finality
a. a judgment becomes final & executory after the
lapse of the reglamentary period of appeal of no
appeal is perfected, or an appeal thereform
having been taken in the judgment in the
appellate court becomes final
Where Administrative Agency is a Collegiate Body
the powers & duties of an administrative agency or board
composed of members or commissioners may not be
exercised by the individual members separately
their acts are official only when done by the members
convened in session, upon concurrence of at least a
majority and w/ at least a quorum present
Power of Administrative Agencies to Modify Their Decisions
1. conditions
a. no rights have vested in the meantime by reason
thereof
b. the have not passed beyond the control of the
administrative authorities
c. powers & jurisdiction of the administrative
authorities are continuing in character
2. grounds
a. fraud of imposition
b. mistake
c. surprise
d. inadvertence
e. newly discovered evidence
f. to meet changed conditions
Application of the Doctrine of Res Judicata
1. as dependent upon type of determination & proceedings
a. applicable – administrative action that is
adjudicatory, judicial or quasi-judicial
b. inapplicable – administrative determinations of
administrative, executive, legislative, or
ministerial nature
2. as affected by statutory provisions
a. some statutes limit/restrict the extent to w/c an
administrative determination may operate as res
judicata
3. as to administrative decisions judicially reviewed
a. where an administrative determination has been
reviewed by the courts, the res judicata if any
attaches to the court’s judgment rather than to
the administrative decision
b. only a valid & final judgment can be res judicata
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Actionby Administrative Appellate Tribunal
1. authority to reserve must be exercised sparingly
2. review must not be arbitrary
3. generally a de novo review is required
4. reviewing officer must be other than the officer whose
decision is under review
5. final & executory decisions not subject to review

Enforcement of Administrative Determinations

1. generally - administrative determinations are enforceable
only in the manner provided by statute
2. administrative enforcement – in the absence of a statute,
administrative authorities may not enforce their own
determinations, but statutes frequently invest them w/
power of enforcement
3. judicial enforcement – administrative bodies have no
power to enforce their decisions or orders but such
decisions or orders can be enforced only by the courts

SIENNA A. FLORES ADMINISTRATIVE LAW