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N o t e s o n A P O E ( A t t y . D e m i g i l i o ) | 1

Prepared by: Alcazar, Jona May M. (1st Sem 2013 -2014)

Administrative Law – branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of an individual for the purpose of promoting the well being of a community, as under laws regulating public interests, professions, trades and callings, rates and prices, laws for the protection of public health and safety, and the promotion of public convenience. Public law - regulates the relations of the state with its subject. (E.g. criminal law, constitutional law) Private law - regulates the relations of individuals with one another, without regard to their relation to their government. General Law – part of administrative law which is of a general nature and common to all, or most, administrative agencies Special Law- part of administrative law that pertains to particular agencies; has little or no application, except in connection with such agency Scopes of Administrative Law: Administrative Law covers the following:

Principal subdivisions of Administrative Law

1. Law of internal administration - considers the legal aspects of public administration on its institutional side; concerned with the organization

2. Law of external administration – concerned with the legal relations between administrative authorities and private individuals FOUR PARTS OF EXTERNAL ADMINISTRATION: i) Survey of powers and duties of administrative authorities ii) Analysis of the scope and limits of such power iii) Some account of the sanctions attached to official determinations iv) Examination of remedies against official action

Execution And

Enforcement entrusted to

admin. agencies Fixes

Administrative Organization and

gov’t structure

Governs public

officers

Creation of administrative

agencies

Remedies of aggrieved parties, in line with interfering

with the conduct of individuals

Judicial Review and

Relief

Rules and regulations

made by

administrative agencies

Jurisprudence (Judical decisions

and doctrines)



Chapter II. Nature and Organization of Administrative Agencies Administrative Agency – agency exercising combination of executive, legislative, and judicial powers. It is a government body charged with administering and implementing particular legislation. How do administrative agencies created?

o By constitutional provision o By legislative enactment o By authority of law

How abolished or altered? If created by the Constitution, only by constitutional amendment If created by legislative enactment, only the legislature can amend or even repeal its charter,

provided it was made in good faith and not attended by grave abuse of discretion Administration, as a function v. as an organization As a function execution of the law or will of the state as expressed by the competent authority As an organization aggregate of persons in whose hands the rein of the government are entrusted by the people for a time being Government - aggregate of authorities which rule a society Collaborative Instrumentalities of justice between administrative agencies and courts Role of courts:

o To accommodate the administrative process to the traditional judicial system o To accommodate private rights and public interest in the powers reposed in administrative

agencies o To reconcile in the field of administrative action, democratic safeguards and standards of fair

play with the effective conduct of the government Discharge of judicial role:

To maintain the Constitution

To give due deference or consideration to the role of the administrative agencies

To lend powers of the court to the proper attainment of the valid objectives of the administrative agency

To leave to the legislature or people the remedy for administrative action Creation, Reorganization, abolition of government agencies: **Cebu United Enterprise v. Gallofin: - duly executed acts can have valid effect even after the life span of the governmental agency. Reorganization is regarded as valid provided it is pursued in good faith. Three requisites of reorganization: **Dario v. Mison *look up



Who can reorganize government agencies? -Congress, through Republic Acts -President *Board of Trustees/Directors are not considered as alter-ego of the President, thus cannot reorganize, as decided by the Supreme Court Section 31, Book 3, Title 3, Chapter 10 – Administrative Code -continuing authority of the President to reorganize his constituents or office. The President may:

a) Restructure the internal organization of the office of the President b) Transfer function under Office of the President to any department, and vice versa c) Transfer agency of the Office of the President to any department, and vice versa

Agency of the Government –refer to any 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. Functions are primarily regulatory. Agencies under the Office of the President Under the chairmanship of the President, e.g. Neda Under the supervision and control of the President Under the administrative supervision of the President Those attached to Office of the President for policy and program Those not placed by law under any special department

**Joson v. Executive Secretary Doctrine on qualified political agency acts of the secretaries promulgated in the regular course of business are presumptively the acts of the Chief Executive, except if disapproved or probated by the Chief Executive; corollary to the control power of the President, as provided for under Art. VII, Section 17 of the 1987 Constitution Administrative organization - refers to the administrative structure of the government including its political subdivisions and the allocation of powers, functions, and duties to its various units or agencies. **Balanguan v. Court of Appeals, define d quasi-judicial body Quasi-judicial body – organ of the government other than a court and other than a legislature, which affects rights of the private parties through either adjudication or rule-making. ADMINISTRATIVE RELATIONSHIPS: Department - refers to an executive department created by law.

Instrumentality - agency of the National Government, including regulatory agencies, chartered

institutions and government owned and controlled corporacial charter, and vested by law with functions relating to specific constitutional policies or objectives.

Office - refers to any major functional unit of a department or bureau including regional office;

may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation.



Chartered Institutions - organized or operating under a special charter.

Regulatory agency - refer to agency expressly vested with jurisdiction to regulate, administer, or adjudicate matters affecting substantial rights and interest of private persons, the principal power of which are exercised by a collective body, such as commission, board, or council.

Bureau – refers to any principal subdivision or unit of any department; any principal subdivisions of the department performing a single major function or closely related function.

Bureau Staff Line -adviser, department secretaries -implementation / supervision / control over Regional field offices Regional Offices - shall be established according to law defining field service areas. Three Kinds of Administrative Relationship Supervision and control Administrative supervision Attachment – for policy and program or coordination (usually GOCC)

Government-owned and controlled corporations - refer to any agency organized as a stock or

non-stock corporation, vested with functions relating 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 50% of its capital stock.

Chapter III. Powers and functions of Administrative Agencies Function – that which one is bound or which it is one’s business to do Power - means by which a function is fulfilled; means/tools to perform the function Classification of powers of administrative agencies, according to nature:

1. Investigatory or Inquisitorial Power of the administrative body to inspect the records and premises, and investigate the

activities of persons or entities coming under its jurisdictions, or to secure, or to require the disclosure of information by means of accounts, records, reports, statements, testimony of witness, production of documents, or otherwise.

2. Quasi-Legislative or Rule-Making Statutory grant of rule-making power to administrative agencies is a valid exception to the

rule on non-delegation of legislative power. Two Conditions:

Completeness Test

Sufficiency of Standard Tests 3. Quasi-Judicial or Adjudicatory



Discretionary Powers – power or right conferred upon them b y law of acting officially under certain circumstances, according to the dictates of their own judgment and conscience, and not controlled by the judgment or conscience of others. Ministerial Powers – performed in a duty which has been positively imposed by law and its performance required at a time and in a manner or upon conditions specifically designated, the duty to perform under the conditions specified not being dependent upon the officer’s judgment or decision. - e.g. Register of Deeds – purely ministerial, no discretion to know or go beyond the validity of the registry **Secretary of Justice v. Lantion, Investigatory Power v. Judicial Funtion Investigatory Power - evaluate evidence submitted before it, based on the facts and circumstances presented to it. Judicial Function - signifies the exercise of power and authority to adjudicate upon the rights and obligations of the parties before it. **Masangcay v. Comelec Comelec is merely an administrative body, it may exercise quasi-judicial functions as controversies that by express provision of law come under its jurisdiction. However, Commission exercises a ministerial function it cannot exercise the power to punish contempt because such power is inherently judicial in nature **Montemayor v. Bundalin Three basic principle of Administrative Investigation:

A. Proved by substantial evidence B. Respect on finding of facts C. Set aside unless proof of abuse of discretion, error of law, fraud.

Process of Investigative Powers of an Administrative Agency

1. Initiation – based on complaint of the aggrieved party 2. Conduct of investigation 3. Inspection and examination 4. Require submission of records 5. Witness attendance 6. Hearing 7. Contempt, in case of no show 8. Application of technical rules and regulations

Kinds of rule-Making Powers:

Supplementary or detailed legislation - rule-making by reason of particular delegation of authority, fix details in the execution and enforcement of a policy

Interpretative Legislation - rule-making by the construction and interpretation of a statute being administered

Contingent Legislation - determination under delegated power, whether a statute shall go into effect.

Ordinance Power of the President: Executive Orders - acts of the President providing for rules of a general or permanent character in

implementation or execution of constitutional or statutory powers



Administrative Orders - acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head

Proclamations - acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend

Memorandum Orders - acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government

Memorandum Circular - acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the government, for information or compliance

General or Special Orders – acts and commands of the President in his capacity as Commander-in-Chief of the AFP

Requisites for validity of administrative rules and regulations

o Rules and regulations must have been issued on the authority of law o Must not be contrary to law and Constitution o Must be promulgated in accordance with the prescribed procedure

NOTE: Administrative law has developed in response to the need for broad social or government control over complex conditions and activities which in their detail cannot be dealt with directly in an effective manner by the legislature or the judiciary. It has as its dominate purpose the promotion and conservation of the interests and convenience of the public. Delegation of power Potestas delegate non potest delegari “What has been delegated cannot be delegated” Exception to non-delegation of power:

Rule-making power / administrative agencies

Local government

President, re: tariff, state of emergency **Eastern Telecommunication v. International Communication Commission Supreme Court laid guidelines in resolving disputes concerning the interpretation by an agency of its own rules and regulations

a. Whether delegation of power was valid b. Whether regulation was within the delegation c. Whether it was a reasonable regulation under due process test

**La Bugal-B’laan v. Ramos instrument must be so construed as to give effect to the intention of the people who adopted it.This intention is to be sought in the constitution itself, and the apparent meaning of the words is to be taken as expressing it, except in cases where that assumption would lead to absurdity, ambiguity, or contradiction. What the Constitution says according to the text of the provision, therefore, compels acceptance and negates the power of the courts to alter it, based on the postulate that the framers and the people mean what they say; 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.



**City of Baguio v. Niño 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 entity may exercise such powers depends largely, if not wholly, on the provisions of the statute creating or empowering such agency. Four types of delegation: Delegation of internal management Delegation of authority to dispose of routine matters Delegation of authority to dispose of matters informally, or to initiate formal proceedings Delegation of authority and function in formal proceedings

Two tests to determine validity of delegation of powers:

A. Completeness Test A law must be complete in all its terms and provisions when it leaves the legislative branch of government. nothing is left to the judgment of others, or other appointee or delegate of the legislature.

A statute is COMPLETE when the following are stated: (1) Subject of the law (2) The manner of its application (3) The extent of its operation

B. Sufficiency of Standard Test Even if a statute delegates authority, if it lays down a policy and a definite standard by which the executive or admin officer or board may be guided in the exercise of his discretionary authority, there is no undue delegation of legislative power. Standard defines the legislative policy, marks its limits, and maps out its boundaries. ; indicates the circumstances under which the legislative command is to be effected

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