ADMIN LAW NOTES

Administrative Law Overview Machinery and structure of Government The common view is that this is a primarily executive power Sometimes delegated legislative power Sometimes quasi-judicial Administrative power viewed as a fourth power of government Should be viewed as parallel to executive, legislative, judicial Akin to implementation of laws Has a proactive nature Private rights are thus subject to administrative law Conferred by law, but also creates law Implementation has the force of law under the concept of subordinate legislation For the protection of the public Why is it considered a fourth power? It is a sort-of combination of the three major branches of government But in reality, it is neither of the three Although it has some aspects Creation of Administrative Agencies Generally by legislative enactment Sometimes by executive order (in the Presidents exercise of quasi-legislative powers) Self-executing constitutional provisions What is an administrative agency? Organization Created by statute With authority to act for and in behalf of the government Performs a power of the state Difference between court and administrative agency? Not primarily concerned with administration of justice Primarily for regulation Prevention of the violation of the law Cannot take a passive stance Unlike a court which waits until there is a justiciable controversy Performs quasi-judicial functions but only secondarily Heads of agency Specialization Must be qualified (not necessarily the top expert) However, recognize that you need specialists to run the machinery of the agency Delegation of function and authority Responsibility still belongs to the head Department secretary must delegate More efficient Must supervise/control again, there is still responsibility Audit the work of the undersecretary Administrative relationship Supervision and control Administrative supervision Less than control Control differentiates supervision and control from administrative supervision Example: NLRC under DOLE Attachment Lateral relationship For purposes of policy and program coordination Practical purposes Alignment of efforts No supervision or control Department secretary Exercises power of control Delegation of authority Must be in writing Must indicate which officer or class of officers have the delegated power Must vest sufficient authority to enable delegate to discharge responsibility

Administrative Power Overview Inherent powers of administrative agencies Strictly speaking, there are none If there are no express powers, there are no implied powers No powers other than those conferred by statute NOTE: When the law is silent on a matter, it does not necessarily mean that what the law is silent on is conferred upon the agency The test is not whether the law forbids prohibition, but whether the law empowers the commission with the power to prohibit Administrative agencies only have jurisdiction over cases which fall under the power granted to it by statute Tricky: when does the court or the agency have jurisdiction? Which body has jurisdiction? Jurisdiction is limited but the powers within that jurisdiction is broad Administrative power is conferred directly Under the Constitution Though easily confused with executive power Under statute Powers of administrative agencies Investigatory Quasi-legislative (Rule-making) Quasi-judicial (Adjudicatory) Ministerial vs. Discretionary Ministerial no other choice; no discretion Discretionary choices are present

Investigatory power Likened to an inherent power Almost all agencies have it Wide scope sole power Used in aid of the exercise of other powers Lifeblood of administrative power Helps in carrying out functions Investigation is necessary In the conduct of investigation, no special civil action by certiorari will lie against an agency The action will lie only upon bodies exercising judicial functions Power to gather facts, then recommend based on findings of fact Power to adjudicate does not come with it Its exercise can be initiated by complaint or motu proprio Hearing is not a necessary part in exercising investigatory power In general, must be done privately Depends on the cases and circumstances Involves power to inspect and examine Asking for submission of documents Compulsory processes Has to go through courts unless statute grants them the power to issue subpoena Then hold people in contempt for not appearing Power to issue subpoena It is enough that the investigation be for lawfully authorized purpose Right to counsel not inherent in administrative proceedings May or may not be aided by counsel

Rule-making power Quasi-legislative powers Any agency may promulgate rules and regulations Force and effect of law if subordinate legislation They are promulgated in furtherance of a statutes purposes Is it binding? What is its force and effect? If the agency has been given the power Rules and regulations promulgated are deemed part of the law Important to duly delegate rule-making power Practical concerns Competence and specialization of agencies Filling-in the details Easier to amend through IRR Difficult to amend if details are supplied by statute Law must be complete in itself and a standard provided Implementation of the law itself Can exercise this power only when delegated by the legislature Not legislation in the strict constitutional sense Delegated legislative power Examples Administrative agencies LGUs There are limitations Must be consistent with laws and Constitution Must not alter the law Must be within scope of the law No discrepancy between rule and the law Must be uniform, reasonable, not unfair or discriminatory Rules are quasi-legislative; rulings are quasi-judicial Types of rules Supplementary/subordinate Interpretative Contingent Procedural rules Subordinate legislation Issued only by virtue of statutory delegation Statute has delegated the power Statue provides that the rules will have authoritative force Interpretative rules Entitled to great weight but not conclusive to the courts Merely persuasive Implementing rules and regulations Fill in the blanks Sort of a new law but done in furtherance of the purposes of the law and within the scope Forms part of the law Generally binding on court to an extent Interpretative rule vs legislative rule Interpretative is persuasive Legislative rule has force and effect of law Contingent legislation Determination of operative facts which trigger the application of statutes Existence of acts or conditions as the basis of the taking into effect or implementation of the law Discretion as to when the law takes effect but not as to what the law is Check the boundaries of the exercise of discretion Purpose of giving the rule-making power to administrative agencies Delegation of quasi-legislative power Interpretation of statutes Procedure necessary to carry out purposes Ordinance power of the president is an example of rule-making As well as administrative issuances Practical necessity of the rule-making power Changes over time Developing competencies So that regulations do not lag behind So that proper adjustments can be mad Requisites for validity Issued on authority of law Not contrary to law and Constitution Promulgated in accordance with prescribed procedure Reasonable Validity for the rules Legislative rule Germane to matters in the law Conforms to standards prescribed Valid on constitutional grounds Interpretative rule Correctly interprets the statute Does not amount to an attempt to legislate Promulgated rules must be reasonable in order to be valid Regulations issued that are merely directive and does not purport to change the law are essential to the strict enforcement and proper execution of the law Reasonableness of rules is closely connected to objectives of the law Rules providing penal sanctions Law must provide for imposition of penalty for violations Rules make it punishable under provisions of the law Law must fix or define such penalty Publication is required No conflict between Admin Code and Civil Code with regard to rule on publication Reconcile Although one is more specific than the other, comply with both Rules and regulations, when validly promulgated, form part of the law Administrative procedure have the force and effect of law Should be construed liberally in order to promote their object Interpretations of administrative procedures made by the agency is given greater weight by the court Interpretative ruling which is erroneous will be disregarded No vested rights in erroneous rulings Correct interpretation will be upheld Administrative ruling will not be applied retroactively, especially in cases where it will lead to injustice Such as in a case where a party, in good faith, relies on a previous administrative ruling which has been amended or over-ruled by a new ruling after such reliance has been made Doctrine of finality of judgment applies in quasi-judicial proceedings of Administrative Agencies based on Administrative Rules NOTE: requirements on the promulgation of rules and regulations Generally, notice and hearing not necessary Except Fixing of rates (not in all cases) Requires publication also of proposed rates Rules apply exclusively to a particular party and are predicated upon a finding of fact The above two are exercises of quasi-judicial power Publication Required when rules and regulations are of general applicability Not required for internal rules In Admin Code effective 15 days from the date of filing with the UP Law Center unless: Different date fixed by law Specified in the rile in cases of imminent danger Public health Safety Welfare Difference between invalid and ineffective rules Invalid As to substance Thus void Ineffective Cannot be given effect Not necessarily void Usually for unpublished laws or rules Defect can be cured by subsequent publication But effectivity begins from the date of publication Prospective effect

Adjudicatory powers Quasi-judicial powers Decision or determination of the rights, duties, and obligations of specific individuals Merely incidental to the agencys administrative power As distinguished from judicial power In administrative agencies, the exercise of adjudicatory powers is only for the implementation or furtherance of subject matters in the enabling law Example: NLRC with regard to labor relations It must be explicitly granted by law Cannot be implied Split jurisdiction is not favored All controversies relating to the subject matter pertaining to agencys specialization are deemed included within its jurisdiction Factor in administrative agencys competence and expertise Doctrine of primary jurisdiction Arises when both the court and the agency have jurisdiction Doctrine of exclusive jurisdiction Jurisdiction pertains to that body or tribunal only Jurisdiction of administrative agencies are limited To the subject matter embodied in the enabling law As distinguished from investigative power Investigative power is for the purpose of discovering information In order to make resolutions, create policy, or to take action Does not require notice or hearing In quasi-judicial powers, it is for the purpose of finally settling claims and obligations between parties over the subject matter within the agencys jurisdiction End goal is different As distinguished from rule-making power Adjudicatory is generally retrospective Determination is dependent on past or present acts Rule-making is generally prospective Determination of conduct of future acts Adjudicatory is particular, rule-making is general Adjudicatory covers specific persons and situations Rule-making covers classes of persons/situations Notice and hearing is required in adjudicatory but not in rule-making (save for certain cases) Nature of particular acts Licensing Fixing rates and charges Miscellaneous acts It is important to determine what power is being exercised because there are different requirements for their exercise When quasi-judicial power is used, res judicata applies

Separation of administrative and other powers By the Constitution through the actual divisions made Exclusivity in the distribution of powers Doctrine of non-delegation of powers Exceptions abound though Example: LGUs ordinance-making power (which is legislative in nature) Administrative power is a combination of all powers granted to the three great branches of government Non-delegation of legislative power Exceptions Delegation to local government (ordinances) Delegation to administrative agencies (rules) Completeness test Law simply needs to be executed Easily determinable by reading the law Sufficient standard test Standard present in enabling law Sometimes standards are not expressly provided Implied sometimes from the objective of the law Take note of guidelines in delegation to administrative agencies There can be a valid delegation of legislative power though immemorial practice Like in the case of provincial boards (see: Rubi) Delegation of quasi-judicial power Merely incidental to its primary function Restricted exercise of the power To administrative agencies with regulatory functions usually Power judicial in nature may be conferred for purposes of carrying out function bestowed on the agency concerned if incidental to primary function If exclusive jurisdiction is conferred it removes from the court its rightful jurisdiction over certain subject controversies (see: Miller vs Mardo) Standards are set to limit the discretion and prerogative of agencies Set by the legislature in the law itself May be found in other sources (see: De Leon p.236) Other pertinent legislation Executive order Field of law governing operation of the agency Presumption of validity of statutes Not automatic that the absence of a standard in the law renders the law void Look at other sources

Administrative Proceedings Adversarial in nature Quasi-judicial or judicial in nature Civil in nature not criminal in nature Although there may be imposition of penalties Not an action at law Decision rendered where court had no jurisdiction is void Expiration or repeal of statute If expiration, jurisdiction is not affected Saving clause: jurisdiction already acquired while the statute was in effect cannot be divested from the court which had duly acquired jurisdiction Especially for abrogated laws (as compared to laws which expired) Jurisdiction of courts and administrative agencies Doctrine of primary jurisdiction Split jurisdiction is not favored Administrative procedure of administrative adjudication (see: De Leon pp. 252-257) Controversies among government offices and corporations Disputes involving questions of law Secretary of Justice Disputes involving mixed questions of law and fact or factual issues only Solicitor General if dispute involves only offices of National Government which have the Solicitor General as their counsel Secretary of Justice in all other cases Due process in administrative adjudication Remember: GADLEJ Grave abuse of discretion is obvious when there is no notice or due hearing The two basic requirements of due process Cornerstone of due process Notice and hearing Essential only for judicial or quasi-judicial matters Does not connote full adversarial proceedings As long as there was fair and reasonable opportunity to explain side Sufficiency if notice substantial compliance is sufficient May be actual or constructive Actual personal service Constructive enough to inform Example: by publication Denial of due process is not always fatal Only absolute absence of notice would be fatal If party was given an opportunity to be heard okay! MR or appeal cure the defect because party is now given the opportunity to be heard Hearing is not required in some proceedings Notice and hearing are necessary only when Constitutional rights are claimed to be violated See: De Leon pp.287-289 for proceedings which do not need hearing