ADMINISTRATIVE LAW ● Court Decisions (Art. 8.
Judicial
decisions applying or interpreting the
LESSON 1: Intro to Administrative Law laws or the
Administrative Law ● The Constitution shall form a part of
● The branch of public law that fixes the legal system of the Philippines.
the organization of the government CCP)
and determines competence of ● The body of rules, regulations and
authorities who execute the law and orders issued by administrative
indicates to individual remedies for agencies.
the violations of his rights.
● All the laws and policies that Administrative Bodies/Agencies in the
regulate or control the administrative Philippines
organization and operations of the
1. Administrative Bodies for regulation
government through administrative
under police power
agencies (AAs).
● Bureau of Immigration and
Deportation
Classifications of Admin Law:
● Securities and Exchange
● Internal and External Administration
Commission
● Law that Controls (Charter) and
● Professional Regulation
those issued by Administrative
Commission
Agencies (Rules)
● Housing and Land Use
● Substantive and Procedural
Regulatory Board
Administrative Law
● Land Transportation Office
● General and Special Administrative
● Food and Drug
Law
Administration
● Geographical and Functional
2. Administrative Bodies for regulation
Jurisdiction
of public utilities
● Land Transportation
Scope of Administrative Law
Franchising & Regulatory
● It embraces all the law that controls,
Board
or is intended to control, the
● National
administrative operations of the
Telecommunications
government.
Commission
● Civil Aeronautics Board
Sources of Administrative Law
● Board of Marine Inquiry
● The 1987 Philippine Constitution
● National Water & Resources
(i.e. Art. IX, Sec. 1)
Board
● Statutes creating administrative
3. Administrative Bodies to carry on
bodies (ex. Optical Media Board
governmental functions
created via R.A. 9239)
● Bureau of Internal Revenue
● Bureau of Customs ● AAs are the contemplation of legal
● Civil Service Commission persons.
● Land Registration Authority Natural Person- Humans or people
4. Administrative Bodies that who make up AAS.
adjudicate and decide industrial Juridical Person- As AAs is a
controversies collective entity.
● National Labor Relations ● AAs are delegates, agents and
Commission subordinates because their powers
● Housing and Land Use are from the original power of the
Regulatory Board branches of the government.
● Philippine Overseas ● AAs exercises fusion of powers. It is
Employment Adjudication some significant form or
Office combination of executive, legislative
5. Administrative Bodies making the or judicial powers.
government a private party ● AAs are duty-bearers and
● Commission on Audit accountable institutions because as a
● Social Security System public office they are accountable to
6. Administrative Bodies that grant the people.
privileges “Public Office is a Public Trust”
● Philippine Veterans Affairs ● AA’s rationale is complex, diverse
Office and specialized concerns
● Board of Pardons and Parole
● Bureau of Lands Creation of AAs:
● Land Transportation and AAs can be created to the following:
Franchising Regulatory
● By the Constitution
Board
● By the Congress thru Special Law
LESSON 2: Administrative Agencies that either passed by the Senate or
(AAs) House of Representatives.
Special Law- thru Chartered.
Administrative Agencies (AAs) GOCCs- thru economically viable
and common good.
● AAs are considered as the 4th branch LGUs- thru law then plebiscites.
of the government. ● By the President thru Executive
● All AAs are Public Offices including Order by authority under the
boards, commissions, departments, Constitution or of law.
bureaus, offices, authorities, ● By the Supreme Court who
government corporations, classifies, confirms, and invalidates
government instrumentalities, and what type of AA will be created and
local governments. all the existing AAs.
● By AAs themselves thru Articles of
Incorporation and ByLaws (AIBL) ● Jurisdiction is the territory of the
by authority of law; non-chartered. agency and can provide exclusions.
● By the Local Governments thru
ordinance by authority of law or by Note: Whether the agency created is a Local
the virtue of powers of the Local Agency or National Agency.
Government Code.
● Structure is the organizational chart
of the agency.
● Budget or money that will make the
plans, duties and responsibilities of
the agency into action.
● Dissolution of the agency, when and
how an agency can/will dissolve.
Characteristics of AAs:
● Size of the agency, whether it is a
small or large agency.
● Specialization/ Functions on what
field the agency will handle or what
is the type of the agency.
Charter: Enabling Instrument
● Territory is whether the agency is a
AAs should have the following below when
Local Agency or National Agency.
they are created:
● Responsibility for Results means the
● Name of the agency evaluation of the short term and long
● Principles such as the Mission, term solution made by the agency.
Vision and Goals of the agency ● Administrative Duties and Functions
● Mandate/ Purpose or the agency’s of the agency to the government and
rationale why it is created to the people.
● Powers of the agency ● Delegated Authorities or powers
● Duties and Responsibilities of the from the 3 branches of the
agency to the government and to the government.
people ● Accountability to the people.
● Relationships on who or what ● Relationships on who or what
department created the agency and department created the agency and
who or what department will manage who or what department will manage
the agency. the agency.
● Capitalization/ Funding means that
Note: Whether the agency is an Attached AAs do not only have governmental
Agency of a certain department or a functions, some of the AAs have
Division Agency. commercial functions to have their
own Stocks, if any. ● Public Office
● National Government Agency
Categories of AAs: ● Quasi-Corporation
● Quasi-Public Corporation
1. Creation
● Municipal Corporation Proper/ Local
● Constitution
Government Unit
● Congress
● Quasi-Municipal Corporation
● Executive
● AA themselves GOCC vs. GICP
2. Geographical
● National: NGAs Government-Owned and Controlled
● Local: LGUs Corporation:
3. Capital Structure
● Government-Owned and Controlled 1. Organized as stock or nonstock
Corporation corporation
● GI 2. Created by law or under Corporation
4. Functional Code
● Offers gratuities, grants or privileges 3. Public character of its function
● Performs specific governmental 4. Government directly or indirectly
functions owns or controls at least a majority
● Undertakes public service or 51% share of the capital stock
● Regulates businesses affected with 5. Created for common good and must
public interest be economically viable
● Exercises police power to regulate
Government Instrumentality with Corporate
private businesses
Powers:
● Resolves controversies
1. Neither stock nor non-stock
Government Bureaucracy
2. Not a corporation
● Administrative Agency/ Government 3. Created by law only (not under
Agency Corporation Code)
● Government-Owned and Controlled 4. Agency of the national government
Corporation 5. Not integrated within the department
1. Special Charter/ Parent framework
2. Non-chartered under 6. Vested with special functions or
Corporation Code/ subsidiary jurisdiction by law
● Government Instrumentality with 7. Endowed with some if not all
Corporate Powers corporate powers
● Government Financial Institution 8. Administering special funds
● State Universities and Colleges 9. Enjoying operational autonomy
● Public Corporation 10. Need not be economically viable
Recent Jurisprudence LESSON 3: Basic Powers of AA’s
● AAs possess Delegated, not Inherent
Powers
● Subordinate, not Superior to/ above
Enabling Instrument/ Charter, Laws
Note: It sets boundaries, limits the
AAs powers and defines its
jurisdiction.
● In general, liberal, not strict,
interpretation of powers
● AAs cannot prohibit what law does
not prohibit.
Note: AAs can prohibit what law
does not prohibit unless LGU,
provided no law is violated.
● Basic Powers
1. Investigative
2. Rule-Making or Quasi-Legislative
3. Adjudicative or Quasi-Judicial
