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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
ADMINISTRATIE LAW: Text and Cases:
Chapter I: Introduction
Administrative Law
It embraces all the law that controlsor is intended to control
administrative operations of
government
Belongs to the field of public law.
Includes:a) Constitutional law
b) Criminal Law
c) International Law
Provides the structure of the
government.
Includes the law which provides the
structure of government andprescribes the procedure but not the
substatntive law administration is
supposed to apply.
Concerning:Legal Problems arising
out of existence of agencies which to
a noteworthy degree combine in a
single entitiy. Legislative !udicialand "#ecutive powers.
$ran%furter: the field of controle#ercised by law & administering
agencies and court's controle#ercised over them.
Indicates the remedies for the
violation of individual of his rights.
(avis: it concerns procedure and
powers of administrative agencies.
Includes:
a. !udicial eview concerningadministrative action
"#ecutive department of thegovernment which acts as:
A. *uasi !udicialB. *uasi Legislative
Laws regulates or control the
administrative organi+ation.
Provides structure of the government
and prescribes procedure
(etermines the competence of the
administrative authorities
$i#es the organi+ation
Indicates individual remedies for the
violation of his rights
It interferes with the conduct of the
individual
Promoting well being for the
community
Concerns with the powers and
procedures of administrative
agencies
,overns:
a. -rgani+ationb. $unctions
c. Procedures of administrative
agencies
d. *uasi Legislative powere. *uasi !udicial power
Scope of Administrative La: !"
#i#es the administrative organi+ation
E#ecution or Enforcement of which
is entrusted to Administratvie
Authorities
$overns public officers including to
act: RDLE)
a. Rights
b. Duties
c. Liabilitiesd. Election
Creates administrative agencies
Defines their %oers and #unctions&
%rescribed their %rocedures
%rovides remedies& administrative or
/udicial available to those aggrievedby administrative actions
,overns 'udicial Review or Relief
against actions or decisions
Rules and Regulations (rders and
Decisions made by administrativeauthorities dealing with
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Interpretations and Enforcementof the law
)ody of /udicial decision and
doctrines dealing with above.
Meanin* of Administrative Authorities
Administrative Authorities:
All those public officers and organs
of the government
Charged with amplification
application and e#ecution of the law.
Private rights
a. Protection of Private rights
relief against administrative
action
(elegated powers and Combined
powers:
a) Concerns with office of
agencies e#ercising delegatedpowers and not with the
e#ercise of the constitutionalpowers of the president.
b) Concerned with results from
fusion of different type of
governmental powers.
Administrative Law & guides officers
of the administration and actionagainst their agents of the
government International Law & cannot be
regarded as binding upon the officers
of any government.
Constitutional law & ,eneral plan or
framewor% of the government0
1reats rights of the individual0
Prescribes limitations on the powers
of the government0
Administrative Law & it carries out
the plan in its minutes details0
1reats them from the standpoint ofthe powers of the government0
Indicates to individuals for the
violation of their rights0
2ecessary supplement ofconstitutional law0
Criminal law & or penal laws applies
to all branches of the law including
administrative law
Administrative law & they are
administrative in character and one
of the most efficient means of
enforcing a rule of administrativelaw to give certain law a penal
sanction.
Public Administration & practical
management and direction of the
various organs of the state and thee#ecution of state policies.
Administrative law & the sub/ect
matter is public administration.
In ,eneral:
a) Public administration may be
e#amined in its internal ore#ternal aspects
b) Law of internal
administrationc) Law on e#ternaladministration
1he law of internal administration &
treats of the legal relations betweenthe government and its
administrative officers.
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Administrative Law emraces
not only the law that 'overns
the administrative authorities
such as statutes and
constitution ut also the law
made y administrative
authorites rules and
Distinguished fromInternational Law
Distinguished fromConstitutional Law
Distin uished from
Distinguished from Law of
Public Administration:
Principal Subdivisions ofAdministrative Law
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
A. Considers legal aspects of
public administration on its
institutional side.B. It comprehends such topics as
the nature of public office de
jure and de facto officers. 1he law of e#ternal administration &
concerned with legal relations
between administrative authorites
and private interest0a) Parts & conveniently divided
into four parts0
A. 3urvey of thosepowers and duties
B. Analysis of the scope
C. Account the sanctions
attached to(. "#amination of the
remedies against
official actionb) Principal Concerns
4problems of administrative
regulations rather than thoseof administrative
management0
As to its source:
A. 1he law that controlsadministrative authorities0
Constitution
3tatutes
!udicial (ecisions
"#ecutive orders of
the President Administrative orders
B. 1he law made by
administrative authorites0 ,eneral egulations
Particular
As to its purpose0
A. Ad/ective or proceduraladministrative law & a
procedure which an agency
must or may follow
B. 3ubstantive AdministrativeLaw & derived from the same
sources yet the law
establishes primary rights andduties
As to its applicability0
A. ,eneral Administrative Law
& general nature and commonto all0 the doctrine of
Exhaustion of
Administrative Remedies+
B. 3pecial or Particular
Administrative Law0
Pertains to particular
agencies0 proceeds fromparticular statute0
ecognition given as a distinct
category of law 5ultiplication of government
functions
,rowth and utili+ation of
administrative agency0
A. It has developed fromcombination of forces some
pressing on the legal system from
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Classication ofAdministrative Law
"ue 4rocess:1. Must 6ually A,,ly to
the same class.2. Germaine 4rinci,le o-
the Law;.
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
without and some others from
within. 1o a large e#tent
administrative law has developedin response to the need for broad
social or governmental control
over comple# conditions.B. Issues with which it deals ought
to be decided by e#perts6
$usion of different powers of
government in administrativeagencies0
A. "#tensive investigation rule &
ma%ing and ad/udicationpowers.
B. Power to promulgate rules and
regulations to better carry out
some legislative policiesC. ules and regulated promulgated
b them
A law in the ma%ing.
Philippine Administrative Law
Administrative Process & includes
whole of the series of act of an
administrative agency.
Advantages of administrative
ad/udication as compared withe#ecutive e#ecution0
A. Practicable insures greater
uniformity and impersonality ofaction.
B. Congress has resorted to
administrative process as an
alternative to e#ecutive action
Limitations upon powers of court. &
/urisdictional issues.
1rend toward preventive legislation0
A. ipeness for /udicial relief &penal laws or criminal offense
under administrative agencies
B. 2eed for more effective and
fle#ible preventive remedies
Limitations upon effective legislative
action0
A. Incorporation of regulatory
details into the statutes. Practicalimpossibility6
B. Lac% of time and speciali+ed
%nowledge lac% of staff for
securing e#pert information and
comp,exit- of the problem.
C. Lose itself in details to the
detriment of its indispensablefunctions.
Limitations upon e#clusively /udicial
enforcement.
Advantages of continuity of attention
and clearly allocated responsibility.
2eed for organi+ation to dispose of
volume of business and to provide
necessary records.
1endency towards Ar.itrariness
Lac% of legal %nowledge and
Aptitude in sound /udicia,techni0ue+
Suscepti.i,it- to political bias or
pressure.
Disre*ard for the safeguards that
insure a full and fair hearing
A.sence of standard rules of
procedure.
Dan*erous combination of
legislative e#ecutive and /udicial
fumctions.
Collaborative instrumentalities0
Collaboration of /udicial
power and function with the
administrative process is a
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Scope of theAdministrative Process
Advantages of theAdministrative Process
Criticisms againstadministrative Action
elation betweenadministrative agenciesand courts
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necessary part of today's
legal system.
ule of Courts
A. 1o Accommodate
administrative process.
B. 1o accommodate private ri*hts+C. Reconci,e in the field of
administrative action.
(ischarge of !udicial ole0
A. 5aintain the Constitution by
seeing that powers are notunlawfully vested.
B. 1o give due Deference
C. 1o lend %oer(. 1o leave the legislature or the
people the Remed- for
administrative action.
Administrative Officers charged
with administration of government
Judicial Officers charged with
administration of /ustice.
As a function0
A. 1a%en as the activity of the
e#ecutive officers.B. Administration had to do with
carrying of laws into effect.
As An organi+ation0
Aggregate of persons on whosehands the reins of the government
are for the time being.
,overnment & refers to the
institution of aggregate of institutions. Independent society
ma%es and carries out those rules of
action which are necessary to
eneable me to live in a civili+ed
state0 It is an aggregate of authorities
which rule a society.
Chapter II: Nature and (r*ani1ation of
Administrative A*encies+
In ,eneral:
3ome powers are from constitution &
self & e#ecuting.
5ost of them are from Legislative"nactments.
A. Creation may present 7uestions
relating to the powers andfunctions.
B. (uly e#ecuted acts of an
administrative agency. Administrative Agencies of 3tatutory
-rigion. & 3ub/ect to e#pansion and
contradiction of powers.
8ested powers to the president.A. Purpose of the statute is to
abolish a department or office.
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Administration of!overnment distinguishedfrom Administration of
"ustice
Administration as a
Separate Power
Administration as anOrgani#ationDistinguished from!overnment
A ,erson cannot merely as3o,inion o- the su,reme courtre'ardin' enacted laws -orthe su,reme court strictly-ollows the ,rocess in $udicial&eview and a mere as3in' o-an o,inion is contrary to the&euisite o- $udicial &eview o-Actual =ontorversy
Creation$ reorgani#ation$and Abolition ofAdministrative Agencies:
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
B. "#pansion and conversion of
entities.
C. Congress can delegate power tocreate positions.
Administrative Agency0
Agency e#ercising some
significant combination ofe#ecutive legislative and
/udicial powers.
A. Covers boards commissionsdivision bureaus and
departments.
B. 1erms employed $untionaries
with which administrative law isconcerned.
C. Agency of government is used to
refer to any of the various unitsof the government. diminution
of benefits)
Administrative body has been staffed
by men who deemed to becomesomething of e#perts in their
particular fields.
$irst performs a variety of functions
while the second has only one
function & /udicial
$irst uses varying degree of
discretion in arriving at decisions0
fi#ed rules in arriving at its
decisions.
As public or governmental agencies
& they may be agencies of the state
or government.
A. 1hey represent no private interest
of their own but functioning
within the scope of their authority.
B. Customarily been restricted to
persons vested under statute withreal power to act for the
government.
C. 1he form of agency is not a
determinative 7uestion ofwhether it is an agency.
As !udicial Bodies or Courts.
A. 2ot courts in the strict sense. Administrative Agencies
cannot e#ercise purely
/udicial functions.
1hey do not constitute courtsor /udicial bodies but to
represent a public interest.B. Courts in the broad sense. & they
perform the court's function
when the same is not present.
C. $unctions primarily regulatory &conducts hearings and decides
controversies.
As Legislative or "#ecutive
Agencies0
(eemed to be agents of
legislative branch.
A. Administrative agencies may besaid arms and instrumentalities of
the legislative branch of the
government.B. 1hey may be viewed as part of
the e#ecutive branch of the
government.
As independent or subordinate
bodies.
As corporate bodies or legal entities.
3i+e0
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
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%eaning ofAdministrative Agenc&
Administrative Agenc& or'od& and CourtDistinguished(
Status or Character ofParticular AdministrativeAgencies
%ain Characteristics ofAdministrative Agencies
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eflects their nationwide
/urisdiction Character of their wor%.
3peciali+ation: 4 becomes speciali+ed
from e#perience or include persons
with technical or professionaltraining.
A. Prevention or reduction
controversies. & bears to reduce
point of controversy.B. Ad/udication and ule ma%ing.
esponsibility for results.
A. Productive attitude towards
issues & nor can they ta%e purelyneutral attitude toward
accomplishment of the tas% with
which they are charged.B. esponsibility for effective
enforcement of public policy.
8ariety of administrative duties.
(elegation of function and authority.
"ach of the functions calls for
internal organi+ation which involvesan allocation of functions among themembers and staff of the agency.
5a/or wor% of the heads of an
agency is normally supervision and
direction.A. 1hey cannot themselves be
specialist in all phases of wor%
hence specialist must beimmediately available to them.
B. 5any persons in the agency
other than the heads must do thebul% of this wor% of
administrative procedures.
C. (elegation of function and
authority be a predominantfeature of their organi+ation and
procedure.
1ypes:
A. (elegation of Interna,
Mana*ement+B. (elegation of Authorit- to
dispose of routine matters+
C. (elegation of Authority to
dispose of matters informa,,-&
or to initiate forma,
proceedin*s+
(. (elegation of Authority and
function in forma, proceedin*s+
". Authorit- to conduct forma,hearin*s+
(egreeA. 1he statement by agency heads
or policies which have
crystalli+ed for routine andapplication.
B. Consideration by agency head.
C. e7uirement of wee%ly or even
daily.
Created to function in situationswherein the government is offering
some gratuity grant or specialprevilige.
3et up to function in a situations
wherein the government is see%ing to
carry on certain functions ofgovernment
3et up to function wherein the
government is performing some
business service for the public.
3et up to function where the
government is see%ing to regulate
business affected with public
interest.
3et up to function where government
is see%ing under the police power to
regulate private business individuals.
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Conse)uence ofCharacteristics
Delegation of functionand Authorit&
*&pes of AdministrativeAgenc&
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Agencies set up to function wherein
government is see%ing to ad/ust
individual controversies becausesome strong social policy involved.
Administrativve Organization &
refers to the administrative structureof the government.
1raditional Branches.
A. 1he legislative Power & shall bevested in the congress of the
Philippines.
B. "#ecutive Power & vested in thepresident.
C. !udicial Power & 8ested in one
supreme court.
3pecial Bodies or Agencies.
A. 1hree Independent ConstitutionalCommissions. Civil 3ervice
Commission.
Commission on
"lecctions. Commission on Audit
-ffice of the President shall Consist:
Private office & Providingdirect service to the
president. "#ecutive -ffice & headed by
the Executive Secretar-refers to the -ffice of the
"#ecutive 3ecretary (eputy"#ecutive 3ecretaries and
Assistant "#ecutive 3ecretary
and provides full
responsibility to the specificneeds and re7uirements of the
President.
Common 3taff 3upport3ystem & under the general
categories of development
and management. Presidential 3pecial
Assistants 6 Advisers 3ystem
& Provides advisory or
consultative 3ervicdes to thePresident.
Agencies under the Office of the
President. & refers to the offices
under the chairmanship of thePresident.
1he President sub/ect to the Policy
on the "#ecutive -ffice.A. estructure
B. 1ransfer any function
C. 1ransfer Agency provided they
are under the office of thepresident)
e!artment refers to an e#ecutive
department created by law.
A. 2umber purpose and
decentrali+ation "#ecutive Branch shall
have such departments as
are necessary for the
function of distribution ofthe wor% of the president.
1he (epartments shall be
organi+ed and maintainedto insure their capacity to
plan and implement
programs. Bureaus and offices under
each department shall be
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AD%I+IS*A*I,-O!A+I.A*IO+
Distribution of Powers of!overnment
Organi#ation of the O/ceof the President
Organi#ation ofDepartments
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
grouped primarily on the
basis of ma/or
functioning. $unctions of the
departments should be
decentrali+ed in order toreduce red tape.
B. (epartment Proper. (epartment Proper shall
include the -ffice of the3ecretary and the staff
units directly under it. "very 3ecretary shall be
assisted by such number
of undersecretaries. Assistant 3ecretary
positions may be createdto form part of the
(epartment Proper. Includes the services of
%,annin* Service&
#inancia, and
Mana*ement+
C. !urisdiction over bureause etc. "ach department shall
have /urisdiction overbureaus offices
regulatory agencies etc.
(. Assignment of -ffices andAgencies etc. 1he president by virtue of
e#ecutive order shallassign offices and
agencies not otherwise
assigned by law.
3ecretary has the authority and
responsibility for the e#ercise of themandate of the (epartment and for
the discharge of its powers and
functions.
9ndersecretary shall advise and
assist the secretary in the formulation
and implementation of departmentob/ectives and policies.
Assistant secretary shall perform
such duties and functions as may beprovided by law or assigned by thelatter.
Planning service:
Provide the department
with economical efficientand effective service
relationg to planning
programming and pro/ectdevelopment etc.
$inancial 5anagement 3ervice:
Assist in the budgetary
financial managementmatters.
Administrative 3ervice:
Provide department with
such efficient andeffective personal and
legal assistance. 1echnical 3ervice:
1a%e charge of the
technical staff
Legal 3ervice:
3ubstantial legal wor%
Provide legal advice to
the department.
"ureau refers to any principal
subdivision or unit of any
department.
Powers and (uties of the head of the
Bureaus
A. Bureau is any principalsubdivision of the department
performing a single ma/or
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Secretaries$
0ndersecretaries$ andAssistant Secretaries(
Department Service
Organi#ation 'ureaus
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
function or closely related
functions.
B. ead of the Bureau or officeshall be its chief e#ecutive.
C. e shall appoint personnel to all
positions in his bureau or officein accordance with the law.
(. e may designate the assistant
head to act as chief of any
division or unit within theorgani+ation.
". e shall prescribe form and fic
the amount of all bonds e#ecutedby private parties to the
government under the laws
pertaining to his bureau or office
provided they are in accordancewith the law rules and
regulations.
$. e shall prescribe forms andissue circulars.
,. e is authori+ed to issue orders
regarding the administration ofits internal affairs.
Bureaus are either staff or line:
A. A staff bureau shall primarilyperform a policy development
and advisory function. And availitself of planning financial andadministrative services.
1he (irector of Bureaus
shall0
a. Advise and Assist the-ffice of the
3ecretary on 5atters
relating to bureausspeciali+ation.
b. Provide consultative
and advisory servicesc. (evelop plans
programs operationg
standards and
administrativetechni7ues
d. Perform such other
duties
B. A Line "ureau & shall directly
implement programs adopted
pursuant to department policiesand plans.
1he director of Line
Bureau shall:a. "#ercise supervision
and control over all
divisions and otherunits.
b. "stablish policies and
standardsc. Promulgate rules and
regulations necessary
to carry out bureau
ob/ectives.
d. Perform such otherduties.
egional -ffices0
1hey shall be established
according to law definingfield service area.
Administration
esponsible for the
department or agency
functions performed in
the region under his
/urisdiction.
3upervision:
1he function may be
performed by the regionaloffices under the
supervision and control of
the department proper. 3hall perform primarily
advisory or au#iliaryfunctions.
-rgani+ation:
egional office of the line
bureau 5A; have units or
personnel in which the
functional areas of the
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Organi#ation of 1ieldO/ce(
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
primary units of the bureau
are represented.
$unctions of a egional -ffice:
Implement laws policies
plans programs rules and
regulations. Provide economical efficient
and effective. Coordinate with other
regional offices bureaus andagencies.
Coordinate with local
government units. Perform such other functions.
3upervision and Control:
A. Act directly whenever a specific
function is entrusted by law.B. (irect the performance of duty.
C. eview approve reverse or
modify acts and decisions ofsubordinate.
(. (etermine priorities in the
e#ecution of plans.
". Prescribe standards guidelinesplans and programs.
#ontrol shall encom!ass su!ervision and
control as defined above.
Administrative 3upervision:
A. 3hall govern the administrative
relationship between department
or its e7uivalent and regulatoryagencies or other agencies as
may be provided by law. 1o generally see the
operations of suchagencies 1o re7uire submission of
reports.
1o ta%e such action as
may be necessary forproper performance.
1o review and puss upon
budget proposals of such
agencies.B. 3uch authority shall not
however e#tend to:
Appointment and suchother personnel actions in
accordance with
decentrali+ation of
personnel. Contracts entered into by
agency in the pursuit ofits ob/ectives.
1he power to review
revise and modify the
decisions of regulatory
agency.C. 9nless otherwise $u!ervision
shall encom!ass administrativesu!ervision as defined above.
Attachment:
efers to the lateral
relationship between thedepartment or its e7uivalent.
A. Coordination may be
accomplished by:a. aving the
department
represented in thegoverning board of
the attached agency or
corporation.
b. aving the attachedcorporation or agency
comply with a system
of periodic reporting.c. aving the
department or its
e7uivalent providegeneral policies
through its
representative in the
board.B. 5atters of day & to & day
administration or all those
pertaining to internal
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a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Denition of
Administrativeelationship(
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
operations shall be left to
the discretion or
/udgment of the e#ecutiveofficer of the agency or
corporation. e shall
bring the matter to thePresident for esolution
and (iscretion.
C. ,-CC attached to a
department shall submitto the secretary concerned
their audited financial
statements within
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1hey shall underta%e the bureau
operations within their respective
/urisdiction.
,-CC & refer to any agency
organi+ed as stoc% non & stoc%
corporation vested with functions
relating to public needs whethergovernmental or proprietary in
nature.
A. 1hey may be further categori+edby the (epartment of Budget and
5anagement the C3C and the
C-A for purpose of the e#erciseand discharge of their respective
function.
B. 1hey shall be attached to theappropriate department with
which they have allied functions.
C. At least ?6@ of the members of
the board should either be 93ecor 3ec.
A %egulatory Agency refers to any
agency e#pressly vested with
/urisdiction to regulate administer orad/udicate matters affecting
substantial rights and interest of
private persons.
A. It shall be sub/ect toadministrative supervision.
B. 1he heads of regulatory agencies
shall submit annually for the
approval of the secretaryconcerned their budgets and
wor%plans.
C. 1he regulatory agencies may
avail themselves of the common
au#illary and managementservices of the department.
Chapter 2: %oers and #unctions
of Administrative A*encies
$unction & is that which one is
bound or which it is one's business
to do.
Power & it is by means which a
function is fulfilled.
Constitution 3tatutes
"#press and Implied powers.
A. If no provision as provided withelection power the secretary
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
elationship of !OCC tothe Department
elationship ofegulator& Agencies tothe Department
&eason ehind the Le'islature
creatin' administrative a'encyecause o- their PO2- O1*3- P0S- -or theLe'islature a,,roves theud'et that would e allottedto the Administrative A'ency
6colo'y clause in the 1+@=onstitution is not sel- servin'.
%eaning of Powers and1unctions
Source of Power
Scope of Powers
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with regard to election protest
has no power or authority to pass
upon the validity or regularity ofthe election of the officers of said
%atipunan.
B. In the absence of legislationadministrative agency cannot
impose fines with regard to
administrative fines and public
services.C. 3tatutes conferring powers on
administrative agency must be
liberally construed to enablethem to discharge their duties. Power to issue an e# & parte
cases where there is a prima
facie evidence0 general powerand duty is conferred by law.
3tatute granting powers to an
agency created by the
constitution should be
liberally construed for the
advancement purpose andob/ectives for which it was
created.
Inherent powers:
Administrative agency has no
inherent !owers& although im!lied!owers may sometimes s!ea' of(inherent)
*uasi & !udicial Powers:
A. !urisdiction of administrative
case is dependent entirely uponthe provision of the statute
reposing power in them
B. "#ercise of power will most
effectively prevent or stopspecific violations of law.
C. Administrative Agencies are of1ribunals of Limited !urisdictiongranted by them of the enabling
statutes.
5a%ati 3toc% "#change Inc. 8s
3ecurities and "#change
Commission ? scra
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Powers within their /urisdiction
broad: 1he powers of administrative
bodies have been held broad
and plenary within there
fields. 1a%e notice of the authority
to act and are charged with
%nowledge of any and all
limitations on their power.
Powers sub/ect to the Constitution
applicable law or administrative
egulation: espect of presumption of
constitutionality. 2ot authori+ed to substitute
its own /udgment for anyapplicable law or
administrative regulation
with the wisdom or proprietyof which it does not agree.
8da de. errera vs Bernardo
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
(iscretionary:
A. It may choose which severalcourses will follow.
B. (iscretion may be defined when
applied to public function as thepower or right conferred upon
them by law of acting officially
under certain circumstances.
5inisterail:
A. 2othing is left to its discretion.B. (uties and responsibilities are
limited which are provided by
law.C. (efinite duty are those admitted
or proved by law.
(. 5inisterial acr has been definedas one performed in response to a
duty which has been positively
imposed by law. 1andamus-
3cope:
Investigatory or in7uisitorial
powers include power iof an
administrative body to
inspect the records andpremises and investigate the
activities of a person or
entities coming under their/urisdiction.
Investigatory power
B 1heir powerand facilities
to investigateinitiate action
and control the
range of investigation.
3ole powers granted:
1hey e#ist solely to secure
and provide information andin some cases to ma%e
recommendations.
As aid to other powers:
9seful aid or tool in an
administrative agency's
performance of its rule
ma%ing or 7uasi & /udicialfunction.
Informs themselves of
particular situations todetermine whether they
should ta%e further action.
As distinguished from /udicialfunction: It does not e#ercise /udicial
functions and its power is
limited to investigation thefacts and ma%ing findings
and recommendation in
respect thereto. Ad/udication's purpose is to
evaluate evidence submitted
before it based in the facts
and circumstances presentedto it0 if the agency is not
authori+ed to ma%e a final
pronouncement affecting theparties then there is an
absence of /udicial discretion
and /udgment.
uperto vs 1orres GunrepH ?== phil.?=E ?DF)
$!ecial civil action by certiorari wasinstituted against an administrative agency
exercising only investigatory and advisory
!owers. "oard2s function is limited to
conducting investigations and ma'ingfindings. +he board neither adjudicates
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Investigator& Power
!enerall&
Illustrative Case
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
u!on nor determines the rights and interest
or duties of !arties. 0t is limited to
investigatory and or investigating the factsand ma'ing findings in res!ect thereto.
Authority to obtain information
necessary to discharge properfunction. Initiation of investigation.
Conduct of investigation.
Inspection and e#amination
a. (etermination whether
any person has violatedany provision of the act
being administered or
which may aid in the
enforcement of the act.b. $act & finding 7uasi &
/udicial bodyhas the
power to ta%e intoconsideration the result of
its own observation and
investigation of thematter submitted to it for
decision. e7uirements as to accounts
records reports or
statements. e7uiring attendance of
witness giving of testimonyand production of evidence.
a. Common to confer to
administrative agencieseven for purpose not
7uasi & /udicial.
b. Administrative agencymay not compel the
attendance of a witness
but that the compulsion
must be e#erted through
'3DICIAL %R(CESS+
c. 1he power to compel
witness must be
CLEARL4 $I5EN )4
T6E STAT3TE+7
compulsory process ofsubpoena.
earing
Contempt proceedingadministrative body
however cannot exercise its
!ower to !unish a !erson for
contem!t. 0t must be thecourt2s jurisdiction-
Application of 1echnical
ules of Procedure and
"vidence.
Carmelo vs amos < scra E@
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!robable cause is shown and even before the
issuance of com!laint. 0t is enough that the
investigation be for a lawfully authorized!ur!ose. +he !ur!ose of the sub!oena is to
discover evidence not to !rove a !ending
charge.
Catura vs Court of Industrial
elations @F scra @=@ ?F?)
Officers of labor union charged withunauthorized disbursement of union funds
refused to deliver and de!osit certain
documents in connection with the court2sinvestigation of the charge. +he boo's of
accounts and other records of the financial
activities of a legitimate labor organization
shall be o!en to ins!ection by any officer ormember. +he issue here is whether the #0%
can ac/uire labor organization2s boo' of
accounts and the li'e. 0t cannot be said thatsuch re/uirement is beyond the statutory
!ower conferred.
earing not part of the Prosecution:
A. A party in administrative in7uirymay or may not be assisted by
counsel irrespective of thenature of the charges and the
respondent's capacity to
represent himself.
B. 1he right to counsel is not alwausimperative in administrative
proceedings or investigation
because such in7uiries areconducted to merely determine
hether there are facts thatmerit discip,inar- measures
a*ainst errin* pu.,ic officers
and emp,o-ees ith the
purpose of maintainin* the
di*nit- of *overnment service+
"#clusionary rule in Custodial
Investigation not applicable.
Life blood & of administrative agency is the
flow of fact gathering the organi+ation and
the analysis of evidence.
Investigation is useful administrative
function for prosecuting for
supervising and directing fordetermining general policy for
recommendation legislation among
others.
Administrative Agency may beauthori+ed to ma%e investigation0 it
may conduct general in7uiries into
evils calling for correction and toreport findings to appropriate bodies
and ma%e recommendations for
action.
3enerally4
2ature:
A. Administrative agencies are
endowed with powers legislativein nature or 7uasi & legislative.
1hey have the power to ma%e
law by virtue of rules andregulations coming from a law.
Administrative rules andregulations are in the
nature of new or additional legal
provisions that have the
effect and force of law. owever they are
precluded from
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
ight to Counsel in anAdministrativeInvestigation
Importance ofAdministrativeInvestigations
ule %a5ing Powers
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legislation in a strict
sense. >hat may be granted to
an administrative agency
is rule ma%ing power to
implement the law it isentrusted to enforce.
Ru,es and re*u,ations+
2ecessity:
A. 1he power to ma%e rules andregulations the most pervasive
legislative power. 8ested because of the
impracticability of the
lawma%ers providing
general regulations for
various and varyingdetails of management.
Increasing comple#ity of
modern life and variety ofpublic functions.
By filling in those details
which only legislativemay neither provide
Conditions:
A. ,rant of rule ma%ing power is an
e#ception to the rule with twoconditions. 1he statute is complete in
itself setting forth the
policy to be e#ecuted by
the agency 3aid statute fi#es
standard mapping out the
boundaries of the
agency's authority towhich it must conform
Binding force and effect:A. A rule and regulation
promulgated by administrativeagency have binding force and
effect of LAW. A regulation not
adopted pursutan to law is no lawand shall has neither the force
nor effect of law.
Prospective 6 retroactive application:
A. Administrative rules and
regulations operatesprospectively as well e#cept as
provided by the intent of its
framers.
Legislative power is to ma%e alter
or repeal laws or rules for the future.
Legislation or /udicial power
operates in the future trather than on
past transaction or circumstances.
A. (elegated Legislation & power ofadministrative agency to ma%e
implementing or interpretative
rules or regulations and islegislative in character0 Ru,e
Ma8in* is legislation within the
confines or scope of the granting
statute.B. Also called administrative
legislation0 delegated legislation0
ordinance ma%ing0 7uasi /udicial
legislation.C. Ade7uate source of authority is
the power conferred to anadministrative agency to issue or
promulgate rules and regulations
necessary to carry out its
function.
5a%e rules and regulations which
are inconsistent with the provisionswith the consitutition or a statute.
>ould deeat the purpose of the
statyte.
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a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Legislation on theAdministrative Level
Limitations on the ule 6%a5ing power
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Amend alter modify e#tend
supplant or e#pand or restrict or
limit the provisions or coverage ofthe statute. It cannot engraft
additional re7uirements or embrace
matters not covered or contemplatedby the statute.
1hey can ma%e rules and regulations
as within the scope of their powers
1he rules and regulations created by
agency when there is a dispute withbasic law the basic law prevails for
the rules and regulations cannot go
beyond the terms of the provisions
3hall be uniform in operation
reasonable and not unfair or
discriminatory
Rules and Regulations
ules and regulations of
administrative agency comprisesthose actions of such body or officer
in which the legislative elementpredominates in that they establish a
pattern of conduct.
Administrative regulations constitute
nothing more than an administrative
option as to what a statute underconstruction means.
Orders or Determinations
1he latter are actions in which there
is more of the /udicial functionwhich deal with a particular present
situation. 1erm ruling fre7uently used to
signify an interpretation or anapplication of a rule or statute to a
particular situations0 uling parta%e
somewhat of the characteristics of
individual case decisions of
interpretations of advisory or
advance opinions.
ule 5a%ing powers:
A. 3upplementary or detailedlegislation & reason of particular
delegation of authority.
B. Interpretative Legislation &construction and interpretation of
statute being administered.
C. Contingent Legislation or
determination & whether a statuteshould go into effect or not.
Administrative ules:
A. Procedural rules.B. (iscretionary
C. Legislative
(. Interpretative
". Contingent$. Internal & issued by
administrative superiors to his
subordinates
,. Penal & prescribes criminalsanctions.
A form of subordinate legislation &
can issued only in virtue of statutory
delegationA. 8alid: accorded the force and
effect of law immediately upongoing into effect0 supplementingthe statute0 pursuant to delegation
of legislative power
B. Administrative rules maydescribe the general discretionary
policies to be followed by the
agency
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a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
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ules$ egulations$ andOrders or ulings
Distinguished
7inds of ule 6 %a5ingPowers8ules and
egulations
Legislative ules andegulations
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Characteristices:
A. 3tatute has delegated power to
the agency to adop the ruleB. Provides that the rule shall if
within the delegated power have
authoritative force
esemble !udicial Ad/udication:
A. ules constitute the
administrator's construction ofstatute0 it is performing a /udicial
function rather than legislative
functionB. Interpretative regulations have
validity in /udicial proceedings
only to the e#tent that theycorrectly construe the statute0 it
is the statute and not in the
regulation to which an individual
must conform
"ntitled to great weight and respect
Power to create new law6interpret
e#isting law:
2eed for e#press delegation
Presence of statutory sanction
Binding force and effect
Conse7uence of a wrong
construction
8ictorias 5illing Co. vs 3ocial
3ecurity Commission:
+he issue here is whether the #ircular 5o.66 which includes the overtime !ay and
bonus is a rule or regulation or a mere
administrative inter!retation. +he court held
that when an administrative agency
!romulgates rules and regulations& it ma'esa new law with the force and effect if a valid
law while when it renders an o!inion or
gives a statement if a !olicy& it merelyinter!rets a !re existing law. #ircular no.66 was therefore issued to a!!rise those
concerned of the inter!retation of
understanding of the #ommission of the lawas amended which it was its duty to enforce.
0t did not add duty or detail that was not
already on the law. 0t merely stated andcircularized the o!inion of the #omission as
to how the law should be construed.
It may delegate power not legislative
which it may itself rightfully
e#ercise. 1he power to ascertain
facts is such power which may bedelegated.
1he finding by an administrative
authority if the e#istence of
conditions defined it statute under
which its provisions shall becomeiperatiove comes under the head of
rule ma%ing.A. Proviso
B. 1he president becomes the mere
agent of legislation for he is
re7uired to act in the e#ecution ofthe act
1his term refers to those describingthe methods by which the agencywill carry out its appointed functions
& rules which ma%e provisions for
the filing of applications theresolution of complaints the serving
of papers the conduct of hearings
and the li%e.
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Interpretative ules andegulation
Legislative and
Interpretative rulesdistinguished
Illustrative Cases:
Contingent rules andregulations
Procedural ules
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"#ecutive orders & this provides for
rules and regulations and the
e#ercise of the Constitutional orstatutory power of the President
,eneral)
Administrative -rders & this relate to
the particular aspect of governmental
operation in pursuance of his dutiesof the President as Administrative
head specific)
Proclamations & this is the fi#ing a
date or declaring a status or
conditions of public moment or
interest of the President
5emorandum -rders & (eals with
the matters in administrative detail or
of subordinate or temporary interest
which only concern a particularofficer or office of the government
5emorandum Circular4 relates to the
matters on internal administration
which the president desires to bringto the attention of all or some of the
departments agencies bureaus oroffices of the government forinformation or compliance
,eneral or 3pecific orders & acts and
commands as the Commander in
Chief of the President
,eneral Classification of Issuances
A. Circulars & Administrative
Circulars refers to issuances
prescribing policies rules andregulations and procedures
promulgated pursuant to law
applicable to individual
B. -rders & Administrative orders
refers to issuances directed to
particular offices officials oremployees.
2umbering system of issuance &
chronological number of thecirculars or orders
-fficial Logboo% & records of final
acts or decision or transaction of
contracts among others
,overnment & wide application of
the classification of issuances
egulation of ighly comple# and
changing conditions
,radual change in regulatory of role
of congress
Inability of legislative bodies to
anticipate future situations
$reed from concern with details
Legislature has additional time to
investigate the manner which
administrative authorities have
concreti+ed
Becomes easier to correct mista%es
and to meet changing conditions
Administrator is saved from dilemma
that often faces when his hands are
tid by the red taGe Can wor% on trial and error and wor%
out specific regulations bestcalculated to attain statutory
ob/ective
Bureaucracy is sub/ected to political
responsibility with respect to
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Ordinance power of thePresident
Administrative Issuancesof Secretaries and 3eadsof 'ureaus$ o/ces oragencies
Practical +ecessit& of theule 6 ma5ing power
Special Advantages of theule 6 %a5ing power
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
dinscretionary matters and to
professional responsibility with
respect to technical matters
5ore reliable to abuse than to abuse
if statutory generalities are made
Interpretative regulations are ameans of increasing the certainty ofthe law
Contingent legislation furnishes a
means by which a policy can be
bloc%ed out by the legislature
5ust be issued in the authority of
law
5ust not be contrary to law and
constitution
5ust be promulgated in accordance
with the prescribed procedure
5ust be reasonable
By 3ome legislative Act
By implication from the powers
e#pressly grantedA. 1he power to fi# minimum wage
does not confine an agency to
that single actB. 1he 7uestion as to the power of
an agency to adopt procedural
rules ins on which rarely arisesC. "7ually clear that an agency may
without a specific statutoryauthority ma%e %nown its
interpretation of the provisions ofthe statute it administers
1hey must be within the scope and
purview of the statutory authoritygranted by the legislature:
A. 5ust be germane to the ob/ect
and purpose of the lawB. 5ust relate solely to carrying
into effect the general provisions
or policies of the law they see% to
apply and implement
5ust be confined to details for
regulating the mode of proceeding to
carry into effect the law as it has
been enactedA. Cannot be e#tended to amending
or e#panding the statutory
re7uirements or to embracematter not covered by the statyte
or beyond its terms and
provisions
Legislative ule:
A. >hether rule relates to the
sub/ect matter on which power to
legislate has been delegatedB. >hether the rule conforms to the
standards prescribed in thedelegatory statute
C. >hether the rule is invalid on
constitutional grounds
Interpretative ule
B In7uiry relatesfundamentally
to the 7uestion
of whether therule correctly
interprets the
statute
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
e)uisites for ,alidit& ofAdministrative ules andegulations
!rant of ule %a5ingpower
Consistenc& with Law andConstitution
9uestions elevant inDetermining ,alidit& ofules
*ests Applied inDetermining ,alidit& ofules
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
A rule is invalid if it e#ceeds the
authority conferred to it.
A. 1hen the power has beendelegated to ma%e legislative
rules within a plainly limited
sphere and sub/ect definedstandards
B. >here there has been no
delegation of power
A rule is invalid of it conflicts with
the governing statuteA. Procedural rule attempts to limit
a right of appeal granted by
statuteB. Interpretative rule is in conflict
with the court's interpretation of
the statute A rule is void if it e#tends or
modifies the statute
A. AltersB. estricts
C. "nlarges the terms of a
legislative enactment.
(. Additional re7uirements on thestatute which were not
contemplated by the legislature
". Limiting
$. Imposed higher standards,. 2 basis in the law
. 2o relation or connection withany provisions of law
A rule is void if it has no reasonable
relationship to the statutory purpose
Courts will set aside rules deemed to
be arbitrary or unreasonable or
unconstitutional
A. 1he rule is invalid if it goes
beyond what the legislature couldauthori+e
B. ule is integral to due process at
it protects substantive rights
5anuel vs ,eneral Auditing -fficer
scra
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
$ree from constitutional infermires
Liberal interpretation of the rules and
regulations of an administrativeagency is /ustified in cases where
their rigid enforcement will result un
deprivation of legal rights
Lupangco vs Court of Appeals ?
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
a. Implementing ules and
egulations 1hey are binding and valid
and have an effect of law as
if they had been written in theoriginal law itself
1hey are valid if they have
been duly promulgated or
adopted in pursuance ofproperly delegated statutory
or constitutional authority of
the agency
Interpretative rules and regulations &
they do not have force of law.
a. 1heir validity is sub/ect tochallenges in court
b. 1he contemporaneousconstruction and interpretation
by the e#ecutive officers are
entitled to great weight and
considerations by the courtsc. 3uch interpretation is not
conclusive
ules Prescribing the methods of
procedure
a. 2ormally held to be mandatoryb. (oes not prevent courts
c. Courts deter an agency's owninterpretation
d. 8oid: interpretations that are
contrary to or in conflict withstatutory re7uirements
"#presio 9nios est "#clusio Alterus
Administrative regulation should
ordinarily be given construction
which will sustain its validity and
alternative interpretation is possible
An Administrative regulation
providing punishment for the
violation should be strictly construedprovided that it would not defeat the
obvious intention which it was
enacted Public Administrative Agency's rules
and regulations should be strictly
construed and if there is ambiguity it
should be construed in favour of the
adversary. If there is no ambiguity itdoes not admit /udicial interpretation
In construing administrative rule and
regulation court must necessarilyloo% to the administrative
construction
Administrative rules of procedure are
construed liberally in order topromote their ob/ect and assist the
parties in claiming /ust speedy and
ine#pensive determination of theirrespective claims and defences
Invalid or unconstitutional rule
ule which erroneously
interprets a statute is a nullity
and no rights are vested
ule subse7uently amended or
repealed
9nder some statutes while anagency may prescribe that a rulingby it shall operate prospectively only
if it fails to provide its ruling must
operate retroactively as well asprospectively
An administrative rule or regulation
usually will not be construed to
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Principles of AdministrativeCOnstruction
-ect of eliance onules
etroactive operation ofules$ egulations$ andulings
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
operate retrospectively where the
intention to that effect does not
une7uivocally appear
1he new rule or ruling is not to be
applied retroactively if to do so
would be unreasonable andine7uitable
In order to be valid it must be in
accordance with statutor-
procedura, re0uirements
ule should not be amended so as to
affect a retroactive chan*e
Administrative agency e#ercising
7uasi legislative power the doctrine
of res /udicata is not applicable
Different procedure is
contemplated
a+ Parties may voluntarily waive
compliance
.+ (isregard 5inutive
c+ 3ole convenienced+ Agency is not permitted to adoptspecial rule
$iling
"ffectivity
Publication and eading
-mission of 3ome ules
(istribution of Bulletin and Codifiedules
!udicial 2otice
Public Participation
,enerally:
Prior notice and hearing are
not essential to the validity ofrules and regulationspromulgated to govern future
conduct
>here rules do not apply to named
or specified parties
1he legislature need not
re7uire hearing as a
prere7uisite to the act ofadministrative agency since
legislature could itself have
performed that act withoutnotice or hearing
>hen rules apply to named or
specified parties
>here re7uirements prescribed by
law
>here rules have the force and effect
of law
>here regulations merely
interpretative and internal in nature
Administrative Agencies or tribunals have
exercise (determinative) or (adjudicatory)
!owers and functions
Involve specific parties
Aims to describes powers and
functions which involvesdecision or determination ofspecific individuals
Involve /udicial function e#ercised
by a person other than a /udge
Involve e#ercise of /udicial power
conveniently styled J7uasi &
/udicialK
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Amendment or epeal ofAdministrative ules andegulations
1ormal re)uirements onthe Promulgation etc( Ofrules and regulations
e)uirements of +oticeand 3earing orPublication
Ad;udicator& Powers
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
Ascertain facts and decide by
the application of rules to the
ascertained factsa. "nabled to interpret and
apply not only
implementing rules andregulations promulgated
by them but also
entrusted to their adminb. 5ust either be
administrative or /udicial
c. 9sed to designatecharacter of particular
proceedings or powers
d. 1hey are not still
considered courts
!udicial power:
In strict sense is the power to
hear try and determine all
sorts of cases at law ande7uity which are brought
before the courts
a. >here function primarilyadministrative & the
power is administrative orat least properlye#ercisable by
administrative agency
b. >here function primarily
decide 7uestion of legalrights & freedom from
action or independence
and the absence of controlor coercive influence
!urisdiction limited
"#tent of powers depends largely on
enabling act
$unction ordinarily /udicial may be
conferred
3plit /urisdiction not favoured
,rant of particular power must be
found in the law itself
,eneral Policy to uphold e#ercise
Investigate
5eans e#amine e#plore
in7uire or delve or probe into
research on study Ad/udicate
1o ad/udge arbitrate /udge
decide determine resolverule on settle
Ad/udge means to decide or
rule upon as a /udge or with
/udicial or 7uasi /udicial
powers
"lements of futurity and
retrospection
"lements of ,enerality and
Particularity
(ue process re7uirement of notice
and hearing
Licensing enabling or approving
,ranting or denying or
suspending or revo%ing
a. (iscretionary refusal not
made on conflictiongevidence or after hearing
&eservin' its e(clusivity to Arellano )niversity Law *chool *tudent enrolled under Atty. Michael Vernon M. Guerrero *aturday +:00am 12:00nn.%owever due to the ,rinci,le o- ein' a 'ood citien#
a co,y o- this would e availale online -or -ree and is not -or sale#you are -ree to download or re,roduce a co,y hereo- however you are not entitled -or a ,rot o- this reviewer.
hoever re,roduce and sell a co,y o- the same will suer the law o- 3arma#will not ,ass his/her A46 su7ect and will not ,ass any other e(am des,ite intensive review. 8c9 some ri'hts reserved
Distinguished from"udicial Power
-4tent of "udicial or 9uasi6 "udicial Powers ofAdministrative Agencies
Distinguished fromInvestigative Power
Distinguished fromLegislative or ule 6
%a5ing Power
+ature of Particular Acts
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Administrative Law/Atty. Michael Vernon Guerrero/AY: 2015 201!/ "e Leon and "eLeon# $r.# %ector
b. 2ot purely administrative
act if it is dependent upon
the ascertaining of factsby the administrative
agency
$i#ing rates and charges 5iscellaneous acts
a. Auditing accounts of receiver of
public moneys
b. (eterminations of C3C in respect
of classification and grading ofpositions in the civil service
c. Passing upon petition to call an
electiond. 1he function of draft boards
e. Investigation for the purpose of
ascertaining the correctness of ata# return
f. 1he parole of prisoners provided
not affected by the sentenceg. 1ransfer of prisoners
h. 5a%ing prelim finding
i. Intila determination
/. Closing and ta%ing charge of
ban% found to be insolvent orunsafe
%. (etermination on violation of
termsl. Issuance of a warrant of distraint
m. (eportation of alien
"nabling powers & grant or denial of
permit
(irecting powers & correctivepowers of public utility
(ispensing power & rela# a general
prohibition
3ummary powers
"7uitable Powers
Classication of Ad;udicator& Powers