AdminLaw - Handout1.pdf

1 ADMINISTRATIVE LAW HANDOUT 1 Instructor: Atty. Bahama Mirachylle A. Josue GENERAL PRINCIPLES ADMINISTRATIVE LAW - It is the...

1 ADMINISTRATIVE LAW HANDOUT 1 Instructor: Atty. Bahama Mirachylle A. Josue GENERAL PRINCIPLES ADMINISTRATIVE LAW - It is the branch of public law which fixes the organization of the government, determines the competence of administrative authorities, and indicates to the individual the remedies for the violation of his rights. Administration is understood in two senses: ○ AS AN INSTITUTION - the aggregate of individuals in whose hands the reins of government are entrusted for the time being. ○ AS A FUNCTION - the actual running of the government by the executive authorities through the enforcement of laws and implementation of policies. Two aspects of Administration as a Function: ○ Internal Administration - includes the legal structure or organization of public administration and the legal aspects of each institutional activity ○ External Administration - concerned with the problems of administrative regulations or the exercise of power for carrying out the ends for which such powers were delegated. Classification of Administrative Law: ○ As to its source The law that controls administrative authorities The law made by administrative authorities ○ As to its purpose Substantive Adjective or procedural ○ As to its applicability General Special or particular ADMINISTRATIVE BODIES OR AGENCIES ADMINISTRATIVE AGENCY - A body endowed with quasi-legislative or quasi-judicial powers, or both, for the purpose of enabling it to carry out the laws entrusted to it for enforcement or execution. Types of Administrative Agencies: ○ Grant privileges ○ Those carrying out the actual business of the government ○ Administrative bodies that perform some business service for the public ○ For regulation of business affected with public interest ○ For regulation of private business and individuals under police power  2 ○ For adjudication of individual controversies because of some strong social policy involved ○ Administrative bodies making the Government a private party ○ Those that adjudicate and decide election contests Definition of Terms under the Revised Administrative Code: AGENCY - Refers 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 distinct unit therein. DEPARTMENT - An executive department created by law. It includes any instrumentality as having or assigned the rank of a department regardless of its name or designation. BUREAU - A principal subdivision or unit of any department. OFFICE - It refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. INSTRUMENTALITY - Any agency of the national government not integrated within the department framework; vested with special functions or jurisdiction by law; endowed with some if not all corporate powers; with special funds and enjoying operational autonomy, usually through a charter. ○ REGULATORY AGENCY - Any agency expressly vested with jurisdiction to regulate, administer, or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board, or council. ○ CHARTERED INSTITUTION - Any agency organized or operating under a special charter and vested by law with functions relating to specific constitutional policies or objectives. ○ GOVERNMENT-OWNED OR CONTROLLED CORPORATION (GOCC) - Any agency organized as a stock or non-stock corporation vested with functions related to public needs, whether governmental or proprietary in nature and owned by the government directly or through its instrumentalities, either wholly or, where applicable as in the case of stock corporations, to the extent of at least 51% of its capital stock. Note: The President shall have control of all the executive departments, bureaus,and offices. However, he/she shall exercise only general supervision over local governments. Administrative relationships: ○ Supervision and control ○ Administrative supervision ○ Attachment ORGANIZATION OF ADMINISTRATIVE BODIES OR AGENCIES Manner of Organization: ○ Creation ○ Reorganization ○ Abolition  3 ○ Deactivation CREATION ○ General Rule: Creation of a public office is primarily a legislative function. ○ Exception: Offices created by the Constitution ○ Three ways of creating a Public Office/Administrative Agency: Constitutional provision Legislative enactment Authority of law ○ The President has the power to create public office. The basis may either be a valid delegation from Congress or his inherent duty to faithfully execute the laws under the faithful-execution clause. ○ Ordinance power of the President is exercised through any of the following: Proclamations General or special orders Administrative orders Memorandum orders Memorandum circulars Executive orders REORGANIZATION - A process of restructuring the bureaucracy’s organizational and functional set-up to make it more viable in terms of economy, efficiency, and effectiveness, and make it more responsive to the needs of its public clientele as authorized by law. ○ The President shall have the continuing authority to reorganize the administrative structure of the Office of the President. ○ Bases of the Power of the President to Reorganize: Power of Control Clause Continuing Authority to Organize Office ○ Reorganizations have been regarded as valid provided they are pursued in good faith. It is carried out in “good faith” if it is for the purpose of economy or to make bureaucracy more efficient. ABOLITION - connotes an intention to do away with such office, wholly and permanently. ○ General Rule: An administrative agency may only be abolished by the same mode it was created. ○ Exception: As far as bureaus, agencies, or offices in the executive department or concerned, the President's power of control may justify him to inactivate the functions of a particular office, or certain laws may grant him the broad authority to carry out reorganization measures. ○ Test of validity - good faith DEACTIVATION - to render inactive or ineffective or to break up by discharging or reassigning personnel.