Administrative Law Part 1 & 2: Preliminaries and Classifications
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Questions and Answers

Which of the following agencies is primarily tasked with adjusting individual controversies due to strong social policy?

  • Bureau of Air Transportation
  • Energy Regulation Board
  • National Labor Relations Commission (correct)
  • Bureau of Mines and Geo-Sciences

The powers and functions of administrative agencies created by statute cannot be altered by Congress.

False (B)

Name an administrative agency involved in regulating businesses affected with public interest.

Insurance Commission

The government seeks to regulate private businesses and individuals using police power through agencies like the ______.

<p>Securities and Exchange Commission</p> Signup and view all the answers

Match the following administrative agencies with their primary function:

<p>National Electrification Administration = Government seeking to operate business affected with public interest Land Transportation Franchising and Regulatory Board = Government is seeking to regulate business affected with public interest Movie and Television Review and Classification Board = Government is seeking under the police power to regulate private businesses and individuals Social Security Commission = Government is seeking to adjust individual controversies because of some strong social policy involved</p> Signup and view all the answers

Which of the following examples falls under the category of government seeking to operate businesses affected with public interest?

<p>National Food Authority (A)</p> Signup and view all the answers

All administrative agencies are created through constitutional provisions.

<p>False (B)</p> Signup and view all the answers

Name an administrative agency that may fall under more than one type of function.

<p>Securities and Exchange Commission</p> Signup and view all the answers

Which of the following best describes 'administration' as a function in the context of administrative law?

<p>The non-judicial execution of laws or state will by a competent authority. (A)</p> Signup and view all the answers

Administrative authorities, as defined, include the Congress and the Judiciary due to their roles in shaping and interpreting laws.

<p>False (B)</p> Signup and view all the answers

State the primary focus of administrative law.

<p>Administrative law focuses on the organization, functions, and procedures of administrative agencies.</p> Signup and view all the answers

__________ Administrative Law establishes the procedures an agency must follow to achieve its legal purpose.

<p>Procedural</p> Signup and view all the answers

Which of the following is an example of Substantive Administrative Law?

<p>Rules governing labor practices between employers and unions. (A)</p> Signup and view all the answers

Which example illustrates General Administrative Law?

<p>Provisions interpreting the mandate of due process of law. (B)</p> Signup and view all the answers

Procedural Administrative Law is derived exclusively from statutes.

<p>False (B)</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Administration (as a function) = Execution of the law by a competent authority Administrative Authorities = Public officers and agencies executing the law Substantive Administrative Law = Establishes primary rights and duties Procedural Administrative Law = Establishes procedures for agencies</p> Signup and view all the answers

Which of the following scenarios best exemplifies the application of a 'Particular Administrative Law'?

<p>Regulations specific to the operation of the Bureau of Customs concerning import duties. (B)</p> Signup and view all the answers

An administrative agency's authority is strictly limited to the powers explicitly granted in its creating statute; it cannot exercise implied powers, even if necessary to fulfill its mandate.

<p>False (B)</p> Signup and view all the answers

Define 'national agency' as it is used under the Administrative Code of 1987.

<p>A unit of the national Government</p> Signup and view all the answers

The Philippine Veterans Administration (PVA) is an example of an administrative agency created when the government is offering some ________, grant, or special privilege.

<p>gratuity</p> Signup and view all the answers

Which of the following administrative agencies is primarily responsible for performing a business service for the public?

<p>Philippine National Railways (B)</p> Signup and view all the answers

A 'local agency' refers exclusively to a local government; a distinct unit within a local government cannot be considered a local agency.

<p>False (B)</p> Signup and view all the answers

Give an example of an administrative agency set up to function in situations wherein the government is seeking to carry on certain functions of the government.

<p>Bureau of Customs or Bureau of Internal Revenue</p> Signup and view all the answers

Flashcards

Administration

Execution of law by competent authorities in non-judicial matters.

Administrative Authorities

Public officers and agencies executing laws, excluding Congress and Judiciary.

Administrative Law

Laws governing the functions and procedures of administrative agencies.

Substantive Administrative Law

Establishes primary rights and duties for agencies, like broadcasting rules.

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Procedural Administrative Law

Defines procedures agencies must follow in legal processes.

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General Administrative Law

Common provisions applicable to most administrative agencies.

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Due Process of Law

Requirement that the government must respect all legal rights owed to a person.

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Judicial Review

The power of courts to assess whether a law or agency action is constitutional.

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Particular Administrative Law

Law applicable only to specific agencies created by individual statutes, e.g., immigration laws.

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Administrative Agency

A government body responsible for implementing particular laws, encompassing various forms such as boards and bureaus.

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National Agency

An agency that refers to a unit of the national Government.

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Local Agency

An agency that refers to a local government unit or a distinct unit within it.

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Agencies for Grants

Created to function in situations where the government offers gratuities or privileges, like PVA or PMCC.

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Agencies for Government Functions

Set up to carry out essential government functions, examples include the Bureau of Internal Revenue.

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Business Service Agencies

Established to perform business services for the public, e.g., Philippine Postal Corporation.

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Types of Administrative Agencies

Classification of agencies based on their purpose, including grant-giving, government functions, and business services.

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Metropolitan Waterworks and Sewerage Authority

A government agency managing water supply and sewerage.

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Insurance Commission

Regulates the insurance industry to protect policyholders.

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National Telecommunications Commission

Handles regulation of telecommunication services.

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Securities and Exchange Commission

Regulates securities markets and protects investors.

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National Labor Relations Commission

Addresses labor disputes and workers' rights.

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Department of Agrarian Reform

Oversees land reform programs in agriculture.

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Energy Regulation Board

Regulates energy markets and ensures fair pricing.

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Creation of Administrative Agencies

Agencies are formed via Congress or the Constitution.

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Study Notes

Administrative Law: Preliminaries

  • Administration: the execution of laws in non-judicial matters.
  • Administration: a group of people representing the government.
  • Administrative Authorities: public officers and agencies implementing laws. They exclude the Congress and Judiciary.
  • Administrative Law: governs the organization, functions, and procedures of administrative agencies. It controls agencies excluding Congress and the Judiciary.

Classifications of Administrative Law

  • Substantive Administrative Law: establishes primary rights and duties (e.g., broadcasting regulations, labor practices).
  • Procedural Administrative Law: establishes procedures administrative agencies must follow. This is derived from constitutions, statutes, and agency regulations.

Nature and Organization of Administrative Agencies

  • Administrative Agency: a government body implementing specific laws. These can be boards, commissions, or divisions, among others
  • Types of Administrative Agencies: Agencies can be categorized by their purpose
    • Agencies created to provide benefits or privileges
    • Agencies created to perform government functions
    • Agencies performing business services for the public
    • Agencies regulating businesses affected by public interest.
    • Agencies using police power to regulate private businesses and individuals.
    • Agencies set up to adjust individual disputes due to social policy issues.
  • Administrative agencies examples listed include: Bureau of Internal Revenue, Bureau of Customs, Bureau of Immigration etc.

Creation, Reorganization, and Abolition of Administrative Agencies

  • Agencies can be created by the Constitution or through legislative enactments.
  • Agencies can be reorganized or abolished by the legislature, but subject to constitutional limitations.
  • The president may reorganize agencies through executive action.

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Administrative Law Notes PDF

Description

Covers the basics of Administrative Law, including its definition as the execution of laws by non-judicial bodies. It also discusses the classifications of administrative law, such as substantive and procedural law, and the nature and organization of administrative agencies.

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