ADMINISTRATIVE LAW

I. ADMINISTRATIVE LAW

A. Concept

What is administrative law?

 Branch of modern law under which the executive department of the government, acting in a
quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the
purposes of promoting the well-being of the community.(Dean Roscoe Pound)
 Embraces all the law that controls, or is intended to control, the administrative operations of
government and includes the law: which provides the structure of government & prescribes the
procedure
 It does NOT include the substantive law w/c administration is supposed to apply.
 Justice Frankfurter - field of control exercised by law-administering agencies other than courts,
and the field of control exercised by courts over them.
 Part of the 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.
(Goodnow) It is the system of legal principles which settle the conflicting claims of executive and
administrative authority on the one side, and of individual or private rights on the other.
 (Freund)

It is a branch of public law fixing the organization and determines the competence of administrative
authorities, and indicates the individual remedies for the violation of the rights. [Administrative Code,
Sec. 2(3)]

GR: The Revised Administrative Code is the principal text that governs this branch of law. The
Code, however, does not cover the military as long as it deals with purely military affairs. They
are
governed by the Articles of War.

XPN: If it deals with their relationship with the Civilians, still governed by the Administrative
Code.

Other institutions excluded:

1. Board of Pardons and Parole;

2. State Universities and Colleges; and
3. Highly Urbanized Cities.

Administration

1. As an institution–It refers to the group or aggregate of persons in whose hands the reins of
government are for the time being.

2. As a function –It pertains to the execution, in non-judicial matters, of the law or will of the
State as expressed by competent authority. (Nachura, Ouline Reviewer in Political Law, p. 493)
 B. Scope

a. Body of statutes which sets up admin agencies and endows them with powers and duties.
b. Body of rules, regulations, and orders issued by admin agencies.
c. Body of determinations, decisions and orders of such admin authorities made in the
settlement of controversies arising in their respective fields.
d. Body of doctrines and decisions dealing with the creation, operation and effect of
determinations and regulations of such admin agencies.

a. Fixes the administrative operation and structure of the government;

b. Executes or enforces that which is entrusted to administrative authorities (all those public
officers and organs of the government charged with the amplification, application and
execution of the law);
c. Governs public officers and creates administrative officers;
d. Provides remedies to those aggrieved by these agencies;
e. Governs Judicial Review;
f. Includes rules, regulation, orders and decisions made by administrative authorities; and
g. Includes the body of judicial doctrines on any of the above.

C. Concerns

 In modern usage, it is concerned with the legal problem arising out of the existence of agencies
which combine in a single entity legislative, executive and judicial powers which, in our system
of law were traditionally kept separate.

 Law concerning the powers and procedures of administrative agencies including specially the law
governing judicial review of administrative action. (Prof. Kenneth Culp Davis, this is the well
accepted concept of admin law).

II. Distinguish Administrative law from:

A. International Law

Admin Law International Law

Lays down the rules which shall guide the Cannot be regarded as binding upon the
officers of the administration in their actions as officers of any government considered in their
agents of the government. relation to their own government.

Except: insofar as it has been adopted into the

admin law of the state.
 For Phil. Government officers to be bound by mandates of international law, the
Legislature must adopt such principles and translate it into Philippine law.

B. Constitutional Law

Admin Law Constitutional Law

Provides the details which give the skeleton Provides the framework of governmental
structure the characteristics of a finished organization.
whole.
Lays down the secondary rules w/c limit and Lays down the general rules of government
 qualify or expand and amplify the general
precepts laid down by constitution to be
understood and applied to the needs of layman
citizens.
Treats relations of government with individual
from the standpoint of the powers of
government.
Lays emphasis on duties.
which are fundamental and without which no
government organization can survive.
Treats of the relations of the government with
individual from the latter’s standpoint.
Lays stress upon rights.

 Administrative Law complements constitution insofar as it determines the rules of law

relative to the activity of the admin authorities.

 It supplements constitutional law insofar as it regulates the administrative organization

of the government.

C. Criminal Law

Admin Law International Law

Penal sanctions for the purpose of enforcing a Consists of a body of penal sanctions w/c are
rule of admin law w/c is the most common and applied to ALL branches of the law, including
efficient means to enforce such admin law. admin law.
 Mere affixing of a penalty to the violation of a rule of admin law does not deprive it of
its administrative character.

D. Law of Public Administration

Admin Law International Law

Emphasis is to the problems of administrative Emphasis of the law is made on the
regulation rather than administrative organization, operation and management of
management. the different branches of government and on
their relations.
 Mere affixing of a penalty to the violation of a rule of admin law does not deprive it of
its administrative character.