MODULE

IN

ADMINISTRATIVE LAW

Prepared by:

GILBERT M. EUSTAQUIO, Ph.D

SUBJECT TEACHER

SCHOOL YEAR 2021-2022

TOPIC I

A. ADMINISTRATIVE LAW

Objectives:

At the end of the lesson, the student is expected to:

1. Know the definition of Administrative Law

2. Know the classes of Administrative bodies in the
Philippines
3. Know the relationship of court from that of Administrative
Agencies.
4. Distinguished Administrative Bodies from that of
Administration.

I. INTRODUCTION

The growing population in our country carries with it the complex

problem that could no longer be efficiently and effectively handled by
the three departments of government. More administrative bureaus,
and offices therefore have to be created from time to tie so that
powers, functions and responsibilities could be delegated to
administrative officers or agencies that could devote more time and
expertise to accomplish what have been delegated to them.

What is being delegated is not only the power to assist and to exercise
said powers and functions but also the power to issue rules and
regulations necessary to carry into effect the mission sought to be
accomplished.

II. ADMINISTRATIVE LAW DEFINED

Roscoe Pound defines the term Administrative Law as that branch of

modern aw 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 purpose of promoting the well-
being of the community as under laws regulating public utility
corporations, bureaus affected with public interest, professions, trades
and callings, rates and prices, laws for the protection of public health
and public convenience and advantage.

Goodnow defines Administrative Law as that branch of public law

which fixes the organization and determines the competence of
administrative authorities and indicates to the individual remedies for
the violation of rights.

Freund defines Administartive law as that system of legal

principles which settles the conflicting claims of the Executive and
Administrative Authorities on the one hand and of the individual or
private rights on the other.

Administrative Law therefore, includes all portion of public law of

the land concerning executive and administrative officials. it is a
branch of public law.

The following are the Elements of Administrative law

1. it deals with activities of executive or administrative agencies,

known as boards, bureaus, commissions, authority, or office
2. the bureaus, commissions authority or office can exercise quasi-
legislative and quasi-judicial functions in the sense that they can
issue rules and regulations not contrary to the guidelines set up
by law and they can resolve cases submitted to them.
3. Administrative regulations and policies enacted by the
administrative bodies to interpret the law which they are
entrusted to enforce have the force of law and are entitled to
great respect. They have in their favor a presumption of legality.
 4. In the resolution of cases or issues presented to administrative
bodies and offices, they are not bound by the technical rules of
evidence.
5. An Administrative decision may properly be amended or set
aside only upon clear showing that the administrative official or
tribunal has acted with grave abuse of discretion amounting to
lack or excess of jurisdiction.

There is an abuse of discretion when the same was performed in

a capricious or whimsical exercise of judgment which is which is
equivalent to lack of jurisdiction.

6. Factual findings of administrative bodies should be accorded not

only respect but also finality if they are supported by substantial
evidence even if not overwhelming or preponderant.

7. Although finding of facts of an administrative agency is

persuasive in courts and carries with it a strong presumption of
correctness, nonetheless, the interpretation and application of
laws is the court prerogative.

8. Administrative remedies should first be exhausted before filing a

petition for relief

9. On purely legal question, however, the aggrieved party need not

exhaust administrative remedies.

10. If in case is such that its determination requires the

expertise, specialized skills and knowledge of the proper
administrative bodies because technical matters or intricate
questions of facts are involved, then relief must first be obtained
in an administrative proceeding before remedy will be supplied
by the courts even though the matter is within the proper
jurisdiction of the a court.

SCOPE, PURPOSE AND FUNCTION OF

ADMINISTRATIVE LAW

SCOPE:
 Administrative Law covers all the portion of the public law concerning
executive and administrative officials. It deals with the execution and
enforcement of the laws of the state.

PURPOSE:

The chief concern of administrative law is the protection of private

rights. Its subject matter is the nature and mode of exercise of
administrative power and the system of relief against administrative
action.

FUNCTION:

The main function of administrative law is to make the government

machinery work well and in an orderly manner

III. ADMINISTRATVE BODIES AND AGENCIES

Administrative Agencies are bodies, other than courts or legislature,

endowed with quasi-legislative and quasi-judicial powers for the
purpose of enabling it to carry out laws entrusted to it for enforcement
or execution.

Quasi-judicial agency is an organ of government, other than court and

other than legislature, which affects the rights of private parties
through either adjudication or rule making power.

HOW CREATED

1. By constitutional Provisions
2. By legislative Enactment
3. By authority of Law

CONSTITUIONAL OBJECTIONS TO THE CREATION OF

ADMINISTRATIVE AGENCIES.

a. Possible violation of the doctrine of separation of powers

b. Possible violation of the doctrine of non-delegation of legislative
powers
c. Possible violation of due process and equal protection clause.
 REASONS FOR THE GROWTH OF ADMINISTARTIVE AGENCIES

a. Growing complexity of modern life

b. Multiplication of the subjects of governmental regulation
c. Increased difficulty of administering the laws.

TYPES OF ADMINISTRATIVE BODIES AS TO HEIRARCHY

1. Office of the President and cabinets

2. Independent Constitutional Commissions

3. Other Constitutional Bodies

4. Regulatory Commissions
5. Public Corporations

RELATIONSHIP BETWEEN COURTS AND

ADMINISTRATIVE AGENCIES

In general, the courts have no power of supervision over the

proceedings and actions of administrative departments of the
government. This is generally true with respect to acts involving the
exercise of judgment and findings of facts.

It may be true that the court has jurisdiction to take cognizance of a

particular case. However, if the case is such that its determination
requires the expertise, specialized skills and knowledge of the proper
administrative bodies because technical matter or intricate questions
of facts are involved, then relief must first be obtained in an
administrative proceeding before a remedy will be supplied by the
court even though the matter is within the proper jurisdiction of the
court.

IV. CLASSES OF ADMINISTRATIVE BODIES IN THE

PHILIPPINES
 1. Administrative bodies for regulation under police power. Ex.
Securities and Exchange Commission

2. Administrative Bodies for regulation of Public Utilities. Ex. Land

Transportation Franchising and Regulatory Board

3. Administrative Bodies to carry on governmental functions. Ex.

Bureau of Internal Revenue

4. Administrative Bodies that adjudicates and decides industrial

controversies. Ex. National Labor Relations Commissions

5. Administrative bodies making the government a private party.

Ex. Commission on Audit.

6. Administrative Bodies that grant privileges. Ex. Board of Pardon

and Parole.

7. Administrative bodies that assist Local Government Units in

Metro Manila. Ex. Metro Manila development Authority

Answer the following questions

V. STUDENT ACTIVITY OR ASSESSMENT

1. List Different Administrative Agencies. Give the Name of the

Heads of the Different Administrative Agencies Listed?

2. Of the Classes of Administrative Bodies listed, Give another

Examples of the Administrative Bodies. Give five examples each.

3. In your own point of view, What do you mean by Quasi- judicial

Power? And Quasi- Legislative Power? Explain your answer?
B. ADMINISTRATION

I. Administration is an activity of the executive officer of

the government. The government administers when it
appoints an officer, instructs its diplomatic agents,
assesses and collects its taxes, drills its army,
investigates a case of the commission of a crime and
execute the judgment of court.

Administration is thus to be found in all the

manifestations of execute of execute action.

Administration, as it is presently understood, refers o

the aggregate of those persons in whose hands the
reigns of government are for te time being.

II. ASPECTS OF ADMINISTRATION

a. Internal Administration.

This includes the legal structure or organization of

public administration and the legal aspects of each
institutional activity.
(personnel, material, physical and planning
activities)

b. External Administration

This is concerned with the problems of

administrative regulations or the
 exercise of power for carrying out the ends for
which such powers were delegated.

III. DISTINCTIONS

Administration and Politics

Administration has something to do with the execution of the policies

of the State. While Politics has something to do with policies or
expressions of the States will.

Administration and Law

Administration achieves public security by preventive measures. While

Law operates by redress or punishment rather than by prevention.

Administration of Government and Administration of Justice

The administrative officers who are charged with the administration of

government determine what is the law to find out whether they are
competent to act and if so, whether it is wise for them to act. While
the Judicial officers who are charged with the administration of justice
decides controversies between individuals and government officers as
to the applicability in the cases in a question of a particular rule of law.

Administration as an organization and government

Administration as an organization refers to that group or aggregate of

persons in whose hands, the reigns of government are for the time
being. While administration as a government as an element of the
State, a government is defined as that institution or aggregate of
institutions by which an independent society makes and carries out
those rules of action which are necessary to enable men to live in a
social state or which are imposed upon the people forming that society
by those who possess the power or authority of prescribing them.

IV. WEAKNESSES OF ADMINISTRATIVE ACTION

Administration suffers from the following weaknesses:

1. Tendency towards arbitrariness

 2. Lack of legal knowledge and attitude in sound judicial technique.
3. Susceptibility to political bias or pressure, often brought about
by uncertainty of tenure and lack of sufficient safeguards for
independence.
4. A disregard for the safeguards that insure a full and fair hearing.
5. Absence of standard rule of procedure suitable to the activities of
each agency and
6. A dangerous combination of legislative, executive and judicial
functions.

V. ADMINISTRATIVE AGENCIES

An administrative agency is an organ of government entrusted with

task of enacting specific rules and regulations to effectuate the
purpose of the statute creating it. Its functions and it acts as an agent
of the ex executive branch of the government, in which case, it is
entrusted with the duty to exercise executive and administrative
functions.

Administrative agencies do not exercise purely judicial functions and

they are not bound by the technical rules of evidence and procedure
observed by the courts.

When an administrative or executive agency renders an opinion or

issues a statement of policy, it merely interprets a pre-existing law:
and the administrative interpretation of the law is at best advisory, for
it is the courts that finally determine what the law means.

Administrative agency is known and referred to either as a

commission, board, bureau, office, administrator, authority, agency
and the like.

VI. ADMINISTRATIVE POWERS AND FUNCTIONS

Administrative agencies have two principal kinds of powers and

functions namely:

1. Rule-making power or quasi-legislative function

 2. Power of adjudication or quasi-judicial function
3. Discretionary or ministerial powers
4. Investigatory or inquisitorial powers
5. Determinative power:
a. Enabling power
b. Directing power
c. Dispensing power
d. Examining power
e. Summary power.

VII PURPOSE OF ADMINISTRATIVE AGENCIES

a. To dispense certain privileges accorded by the government

b. To carry on governmental business or functions
c. To carry on or undertake some business service for the public
d. To regulate certain public callings or business affected with
public interest
e. To promote the general welfare through police regulations.
f. To determine rights of individuals in certain cases where a strong
policy is involved

VII. DOES THE LEGISLATURE EXERCISE CONTROL

OVER ADMINISTRATIVE AGENCIES.

Yes. The legislative branch of government enacts the law that creates
an administrative agency: 1) it prescribes the mode of appointment,
the term of office and compensation 2) It fixes its authority and
procedure 3) It determine the size of its personnel and staff. 4) It
exercises continuing surveillance over its activities 5) it may
investigate its operations for remedial/corrective legislation.

At present, the Senate Blue Ribbon Committee as well as the

appropriate committees in each house of Congress play an important
role in the investigation of anomalies and irregularities of the different
administration offices and agencies.

IX STUDENT ACTIVITY

a. Distinguished between Administrative Law from Administration.

Explain and give example to support your answer?
 b. Why it is important to study administrative law? Is it related to
your duties and functions as an employee? Explain

c. List some Administrative Agencies and give its Head or Cabinet

Secretary?

TOPIC II

POWERS OF ADMINISTRATIVE AGENCIES

Objectives:

1. To distinguish the meaning of powers and functions

2. To know the importance of all the said investigatory
powers and its functions
3. To understand the different powers and functions of
the administrative bodies.
4. To apply the different powers of Administrative
agencies to our day to day activities.

I INTRODUCTION

Meaning of Powers and Function

Function is that which one is bound or which it is one’s business to do.

Power refers to the means by which a function is fulfilled

The powers of an administrative agency do not always come from a

single source. Aside from the instances in which an administrative
agency is created and empowered by a provision of the Constitution,
the source of the powers of administrative agencies lies in statutes
under which they claim to act.

CLASSIFICATION OF POWERS OF ADMINISTRATIVE AGENCIES

 1. As to the scope and extent of the power exercised:

1.a REGULATORY POWER

a. power to conduct investigation: this power including the

power to carry out the provisions of law are essentially executive
or administrative in nature. However, when it involves the
exercise of judgment and discretion, it becomes an adjudicatory
power.

b. Quasi-legislative power: this refers to the authority delegated

by the law-making body to the administrative body to make
rules and regulations which are within the limits of the powers
granted to it. Provided:

1. that said rules and regulations are consistent with the

constitution or a statute which created it
2. that said rules and regulations may not amend, alter or
limit the terms of a legislative enactments
3. that said rules and regulations should be uniform in
operation, reasonable, not unfair and not discriminatory.

c. Quasi-judicial power: this is the power of administrative

agencies to resolve questions of fact and questions of law
involved in a case brought to their determination and
adjudication, provided that its determination on question of law
is subject to judicial review. The exercise of this power is
incidental to their main function which is to enforce the law and
to enforce their executive duties.

2. As to the kind of power exercised or chosen by administrative

agencies relative to the problems referred to them.

2.a Discretionary power: this is the power of

administrative agencies to act officially on certain cases
referred to them according to the dictates of their own
judgment and conscience and not controlled by the judgment
and conscience of others.

2.b. Ministerial power: it is the power exercised in

response to duty as imposed by law and its performance does
 not depend upon discretion of the administrative agency
involved or of the executive officers performing said power.

A. DETAILED DISCUSSION OF INVESTIGATORY POWER

In the exercise of its investigatory power, administrative agencies

have the power to do the following:

1. they may conduct an investigation, on its own initiative or

on the request or complaint of a party concerned.

2. they may conduct ocular inspection of the place, things,

books, records or documents in question, to find out if
there is a violation of the law.

3. they may, if allowed by law or court order, copy any

documentary evidence of the person being investigated.

4. they may summon and require the attendance of

witnesses, or the production of the evidence needed in the
course of the investigation. This power should, however,
be given by a statute.

5. they may conduct quasi-judicial hearing

6. they may cite parties or witnesses for contempt. This

power should , however, be given by statute.

1. SCOPE

Investigatory power include the power to inspect, or to secure or to

require the disclosure of information by means of accounts, records,
reports, statements, testimony of witnesses, production of documents
or otherwise. In fact, the investigatory powers of administrative
agencies, or their power and facilities to investigate, initiate action,
and control the range of investigation, is one of the distinctive
functions which sets them apart from the court.

2. AS SOLE POWERS GRANTED

Some administrative agencies act merely as investigatory or advisory

bodies, that is, they exist solely to secure and provide information, and
in some cases to make recommendations.
3. AS AID TO OTHER POWER

Other agencies posses their investigative or inquisitorial powers as an

aid to other powers which they posses, and agencies use such
investigative powers to inform themselves of particular situations to
determine whether they should take further action, in the execution of
particular powers and duties, such as the determination or
adjudication of a particular matter.

EXTENT OF POWERS

The investigative powers of an administrative agency or official must

be exercised within the limits prescribed and bear a reasonable and
legitimate relationship to the general powers granted.

1. Initiation of investigation – an administrative agency or

official may initiate an investigation on a complaint or on
its own motion. The proceeding may be inaugurated by an
order of investigation and it is proper for commission to
recite in its order for investigation its duties and powers.

2. Conduct of investigation- investigations are usually, and

may properly be held in private. Investigations must be so
conducted that harmful publicity will not be used in lieu of
sanctions provided by law.

3. Inspection and Examination – among the investigatory

power conferred upon administrative agencies is the
power, for specific purposes, to enter premises and inspect
or examine such premises or things or operations therein,
particularly books and records.

4. Requirements as to accounts, records, reports or

statements. Regulatory bodies have been given power to
prescribed forms and methods of accounts , records and
memoranda for the business under their control, power to
inspect the books, papers and records and the power to
require the filing of reports or statements or answers to
specific questions.
 5. Requiring attendance of witnesses, giving of testimony
and production of evidence.- although administrative
officers do not have inherent power to require the
attendance of witnesses before them, put witnesses under
oath and require them to testify.

6. Hearing – while hearing may be held, s a general rule, a

hearing is not necessary part of an investigation by an
administrative agency or official.

7. Contempt Proceedings- persons failing to attend, give

testimony and produce records at an investigative
proceeding may be punished for contempt.

IMPORTANCE OF ADMINISTRATIVE INVESTIGATION

The life blood of the administrative process is the flow of the fact, the
gathering, the organization and the analysis of evidence.
Investigations are useful for all administrative functions, not only for
rule-making, adjudication and licensing, but also for prosecuting, for
supervising and directing, for determining general policy, for
recommending legislation and for purposes no more specific than
illuminating obscure areas to find out what if anything should be done.

An administrative agency may be authorize to make investigation, not

only in proceeding s, the sole purpose of witch is to obtain information
upon witch future action of a legislative or judicial nature maybe taken
and may require the attendance of witnesses in proceeding of a purely
investigatory nature. It may conduct general inquiries into evils calling
for connection, and to report findings to appropriate bodies and
recommendations for actions.

B. RULE- MAKING POWERS

1. Nature – administrative agencies are endowed with

powers legislative in nature or quasi-legislative and in
practical effect, with the power to make law. However, the
essential legislative functions may not be delegated to
administrative agencies and in this sense, it is said that
administrative agencies have no legislative power and are
precluded from legislating in the strict sense.
2. Necessity- the most pervasive legislative power conferred
upon administrative agencies is the power to make rules
and regulations.

Such power of subordinate legislation conferred upon

administrative agencies is permitted in order to adopt to
the increasing complexity of modern life.

3. Conditions – the statutory grant of rule-making power to

administrative agencies is a valid exception to the rule on
non-delegation of legislative power. The following must
concur, namely:

a. the statute is complete in itself, setting forth the policy to

be executed by the agency.
b. Said statute fixes a standard, mapping out the boundaries
of the agency’s authority to which it must inform.

4. Binding force and effect- a valid rule or regulation duly

promulgated b an administrative agency has the force and
effect of law and is binding on the agency and on all those
dealing with the agency.

Legislation on the administrative level

Legislative power is the power to make, alter, or repeal laws,

or rules for the future. It is distinguished from judicial power
or legislation in that basically it operates in the future, rather
than on past transactions or circumstances.

The rule-making power of an administrative agency, that is,

the power to make implementing or interpretative rules or
regulations is legislative I character and results in “ delegated
legislations”. ”Rule-making “ is legislation on the
administrative level, that is, legislation within the confines of
the granting statute, as required by the constitution and its
doctrine of non-delegability or separability of powers. It is
called administrative legislation, delegated legislation,
ordinance-making and quasi-legislation.

Limitation on the rule-making power

 A public administrative body may make only such rules
and regulations as are within the limits of the powers granting them.

1. it may not make rules and regulations which are inconsistent

with the provision of the constitution or statute or which created
it.

2. it may not, by its rules and regulations, amend, alter , modify,,

supplant, enlarge, or limit the terms of the statute. The power of
the administrative officials to promulgate rules in the
implementation of the statute is necessarily limited to what is
provided in the legislative enactment.

3. furthermore, a rule or regulation should be uniform in operation,

reasonable and not unfair or discriminatory.

KINDS OF RULE MAKING POWER, RULES AND REGULATIONS

1. Supplementary or Detailed Legislation or rule-making by

reason of a particular delegation or authority

2. Interpretative legislation or rule-making by construction and

interpretation of a statute being administered

3. Contingent legislation or determination, under delegated

power, whether statute shall go into effect.

Based on the above classifications, the administrative rules and

regulations may be discretionary or legislative, interpretative and
contingent. Contingent rules are legislative, so are procedural rules.
The agency rules may also be internal or those issued by an
administrative superior to his subordinate and penal or those which
prescribed criminal actions.

III. ADJUDICATORY POWERS

Administrative agencies or tribunals have and exercise “determinative”

or “adjudicatory” power and functions
 1. Involve specific parties – these terms aims to describe powers
and functions which involve the decision or determination by
administrative agencies of the rights, duties aand obligations of
specific individual and persons, as contrasted with powers of
administrative agencies, which , while they may involve
decisions or determinations in the broadest sense, involve
persons generally rather than specially, and usually operate
prospectively.

2. Involve judicial function exercised by a person other than

judge.- in speaking of functions of an administrative agency, the
terms “ quasi-judicial” and “adjudicatory” are synonymous or
correlative, but not all determinations by an administrative
agency are judicial in nature or quasi-judicial.

It is the power of an administrative agency to hear and

determine or to ascertain facts and decide by the application of
rues to the ascertain facts.

3. Involve exercise of judicial power conveniently styled

“quasi-judicial” the fact remains that the function of any
particular act must be either administrative or judicial and there
can in reality be no middle or halfway ground between them.
The use of such terms is simply convenient way of approving the
exercise of a judicial power by an administrative agency.

EXTENT OF JUDICIAL OR QUASI-JUDICIAL POWER OF

ADMINISTARTIVE AGENCIES

1. Jurisdiction limited. Limited delegation of judicial or quasi-

judicial authority to administrative agencies is well recognized in
our jurisdiction, basically because the need for special
competence and experience has been recognized as essential in
the resolution of questions of complex or specialized character

and because of the companion recognition that the dockets of our

regular courts have remained crowded and clogged.

2. Extent of powers depends largely on enabling act.- in

general, the quantum of judicial or quasi-judicial powers which
an administrative agency may exercise is defined in the enabling
 act of such agency. In other words, the extent to which an
administrative agency may exercise such powers depend largely
if not wholly, on the provisions of the statute creating or
empowering such agency.

3. Split jurisdiction not favored- the rule is that when an

administrative body is conferred quasi- judicial functions, all
controversies relating to the subject matter pertaining to its
specialization are deemed to be included within its jurisdiction
split jurisdiction is not favored.

4. Grant particular power must be found in the law itself-

Where there is nothing in the aw that would suggest that a
particular power has been granted, such as the power to decide
contractual disputes, the same cannot be exercise.

5. General policy to uphold exercise- it is the general policy of

the courts to sustain the decision of administrative authorities
not only on the bass of the doctrine of separation of powers but
also for their presumed knowledgeability and even expertise in
the laws they are entrusted.

NATURE OF ADJUDICATORY POWERS

a. Licensing, enabling or approving- the action of an

administrative agency in granting or denying or in suspending or
revoking, a license, permit franchise or certificate of public
convenience and necessity, is not judicial but is administrative or
quasi-judicial.

a.1 Discretionary refusal of a license, not made on conflicting

evidence or after a hearing, is not a quasi-judicial act for
procedural purposes, although a hearing which is a method for
obtaining knowledge of the facts upon which the determination
to grant or deny a license must be based is a quasi-judicial
function.

a.2 For procedural purposes, an administrative action is not a

purely administrative act if it is dependent upon ascertainment
of facts by the administrative agency.
b. fixing rates and charges- as previously pointed out, the
function of prescribing rates by an administrative agency may be
either a legislative or adjudicative function.

a. where the rules and rates laid down are meant to apply to
all enterprises of a given kind throughout the country. If
the fixing of rates were a legislative function, the giving of
prior notice and hearing to the effected parties is not a
requirement of due process.

b. where the rules and the rates imposed apply exclusively to

a particular party, based upon a finding of fact, then its
function is quasi-judicial in character.

c. miscellaneous acts. Adjudicatory power have also been

classified as administrative on the one hand, or as judicial in
nature or quasi-judicial on the other hand. Among the acts held,
for various purposes, to be administrative or not judicial are:

a. auditing accounts of a receiver of public moneys.

b. Determinations of the Civil Service Commission in respect
of classification and grading of positions in the civil service.

c. Passing upon a petition to call an election.

d. The function of draft boards
e. Investigation for the purpose of ascertaining the
correctness of a tax return
f. The parole prisoners, at least so long as the duration of the
sentence is not affected and the revocation of parole.
g. The transfer of prisoners from one place of imprisonment
to another.
h. Making preliminary finding of probable cause for the arrest
of the accused.
i. The initial determination of whether certain things
constitute public nuisances.
j. Closing and taking charge of banks found to be insolvent
or unsafe and assessment of their stockholders
k. Determination whether or not there had been a violation of
the terms of collective bargaining agreement
l. The issuance of a warrant of distraint or levy in tax cases
and certain other administrative enforcement devises
m. Deportation of alien
STUDENT ACTIVITY

a. may the Department of labor and employment has the authority

to increase salaries and wages of private employees? Explain.

b. May Department of Agrarian Reform investigate boundary

dispute of adjacent lots. Explain?

c. May the Commission on Election decide cases of disqualification

of elected Officials. Explain.