Administrative Law Notes PDF

Administrative Law Part 1: Preliminaries Administration: a) as a function, it is the execution, in non-judicial matters, of the law or the will of the State as expressed by the competent authority. b) as an organization, it is that group or aggregate of persons in whose hands the rein...

Administrative Law Part 1: Preliminaries Administration: a) as a function, it is the execution, in non-judicial matters, of the law or the will of the State as expressed by the competent authority. b) as an organization, it is that group or aggregate of persons in whose hands the reins of the government are for the time being. Administrative Authorities means all those public officers and agencies of the government that are charged with the amplification, application, and execution of the law, but do not include, by virtue of the doctrine of separation of powers, the Congress and the Judiciary. Administrative Law means that part of the law which governs the organization, functions, and procedures of administrative agencies of the government to which quasi- legislative powers are delegated and quasi-judicial powers are granted, and the extent and manner to which such agencies are subject to control by the courts. Simply put, it is the law that partners to the operations of agencies, excepting the Congress and the Judiciary. Classifications of Administrative Law A) As to its purpose: i. Substantive Administrative Law § It establishes primary rights and duties. § e.g. such as the conditions under which a broadcaster may operate or the labor practices in which employers and employees’ unions must not indulge. ii. Procedural Administrative Law § It establishes the procedure which an agency must or may follow in the pursuit of its legal purpose. § e.g. it is derived from the Constitution, or a statute, or from agency regulations. B) As to its applicability: i. General Administrative Law § It is of a general nature and common to all, or most, administrative agencies. § e.g. It includes such provisions which interpret the mandate of the Constitution that there must be due process of law; which establish the doctrine of exhaustion of administrative remedies; which make necessary a trial de novo; which provide for hearing examiners; or by Atty. Benmar O. Tabuso, JD, BA Pol Sci Faculty of College of Law, UNP, Vigan City Page 1 of 4  which provide for judicial review. (Chiefly but nor exclusively procedural law.) ii. Particular or Special Administrative Law § It is applicable only to particular agencies. § e.g. It proceeds from the particular statute creating the individual agency and thus, has little or no application, except in connection with such agency. Specific example: laws regulating immigration, which is particularly applicable to the Bureau of Immigration. Part 2: Nature and Organization of Administrative Agencies Administrative Agency, in general, is a government body charged with implementing particular laws. It covers boards, commissions, divisions, bureaus, and departments, and the somewhat less familiar designations of office and authority. Under the Administrative Code of 1987, the term “agency of the Government” is used to refer to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or -controlled corporation, or a local government or a district unit therein. o It is a “national agency” if it refers to a unit of the national Government. o It is a “local agency” of it refers to a local government or a distinct unit therein. Types of Administrative Agencies The common types of administrative agencies have been classified according to their purposes. 1) Those created to function in situations wherein the government is offering some gratuity, grant, or special privilege. § Examples are: i. Philippine Veterans Administration (PVA) ii. Philippine Medical Care Commission (PMCC) iii. Public Attorney’s Office (PAO) iv. GSIS v. SSS 2) Those set up to function in situations wherein the government is seeking to carry on certain functions of the government. by Atty. Benmar O. Tabuso, JD, BA Pol Sci Faculty of College of Law, UNP, Vigan City Page 2 of 4  § Examples are: i. Bureau of Internal Revenue ii. Bureau of Customs iii. Bureau of Immigration iv. Land Registration Authority v. most administrative agencies 3) Those set up to function in situations wherein the government is performing some business service for the public. § Examples are: i. Philippine Postal Corporation ii. Philippine National Railways iii. Metropolitan Waterworks and Sewerage Authority iv. Government Telephone System v. National Electrification Administration vi. National Food Authority vii. National Housing Authority 4) Those set up to function in situations wherein the government is seeking to regulate business affected with public interest. § Examples are: i. Insurance Commission ii. Bureau of Air Transportation iii. Land Transportation Franchising and Regulatory Board iv. Energy Regulation Board v. Bureau of Mines and Geo-Sciences vi. National Telecommunications Commission vii. Housing and Land Use Regulatory Board 5) Those set up to function in situations wherein the government is seeking under the police power to regulate private businesses and individuals. § Examples are: i. Securities and Exchange Commission ii. Movie and Television Review and Classification Board iii. Games and Amusement Board iv. Dangerous Drugs Board v. Bureau of Trade Regulation and Consumer Protection by Atty. Benmar O. Tabuso, JD, BA Pol Sci Faculty of College of Law, UNP, Vigan City Page 3 of 4  6) Those set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved. § Examples are: i. National Labor Relations Commission ii. Employees Compensation Commission iii. Social Security Commission iv. Securities and Exchange Commission v. Department of Agrarian Reform vi. Commission on Audit Note: It is obvious that an administrative agency may fall under more than one type. Creation, Reorganization, and Abolition of Administrative Agencies 1) In general. – Some administrative agencies are created by or receive their powers from Constitutional provisions which may be self-executing, but most of them have their source in legislative enactments. 2) Administrative agencies of statutory origin. – These agencies are subject to expansion or contraction of their powers and functions, or to reorganization or abolition at the will of the Congress, but guarded by Constitutional limitations. At various times, the Congress has vested power in the President to reorganize executive agencies and redistribute functions, and particular transfers under such statutes/laws have been ruled to be within the authority of the President. CASES FOR NEXT TOPIC: 1. Makati Stock Exchange, Inc. vs. Securities and Exchange Commission, G.R. No. L-23004, 30 June 1965 [ISSUE: Does the SEC have the authority to promulgate the rule in question?] 2. Radio Communications of the Phil., Inc. vs. Board of Communications, G.R. No. L-43653, 29 November 1977 [ISSUE: Does the Board of Communications have jurisdiction over cases involving complaints for injury caused by failure of RCPI to transmit telegrams and impose fines for such failure?] 3. Matienzo vs. Abellera, G.R. No. L-45839, 1 June 1988 [ISSUE: Does the Board of Transportation have the power, at the time the petitions were filed, to legitimize clandestine operations under the Decree?] 4. Vda. de Herrera vs. Bernardo, G.R. No. 170251, 1 June 2011 [ISSUE: Whether the COSLAP has jurisdiction to decide the question of ownership between the parties?] by Atty. Benmar O. Tabuso, JD, BA Pol Sci Faculty of College of Law, UNP, Vigan City Page 4 of 4