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ADMINISTRATIVE LAW NOTES  Political Law -That branch of public law which deals with the organizations and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory  Scope and Divisions of Political Law 1. Constitutional Law 2. Adminitrative Law 3. Law on Municipal Competition 4. Law of Public Officers 5. Election Laws  Definition of administrative law -The branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to individual remedies for the violations of his rights.  Difference between Admin Law and Constitutional Law CONSTITUTIONAL LAW ADMINISTRATIVE LAW Prescribes the general plan or framework of governmental organization Gives and carries out the general plan or framework of governmental organization in its minutest details Treats of the rights of the individual Treats the rights of the individual from the standpoint of the powers of the government Stresses upon the rights Emphasizes the powers of government and duties of the citizens Prescribes limitations on the powers of the government to protect the rights of individuals against abuse in their exercise Indicates to individuals remedies for the violation of rights Supplements constitutional law Complements constitutional law insofar as it determines the rules relative to the activity of the administrative authorities  Law on Public Administration -it has to do with the practical management and direction of the various organs of the State and the execution of state policies by the executive and administrative officers entrusted with such functions.  Purpose  Administrative agencies defined -Term used generally to describe an agency exercising some significant combination of executive, legislative, and judicial powers -It is a government body charged with administering and implementing particular legislation  Difference between Admin Body and Court ADMINISTRATIVE BODIES/AGENCIES COURT Generally a large organization staffed by men who are deemed to become something of experts in their particular fields Is a tribunal which is presided by one or more jurist learned in law Performs a variety of functions Has only one function- judicial Uses a varying degree of discretion in arriving at decisions More or less governed by fixed rules in arriving at its decisions often proceeds without being bound by technical rules Bound by rules that no final adjudication is to be made until after due notice to the parties with opportunity for a full and fair hearing  Basic constitutional concepts  Doctrine of Separation of Powers -The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: executive, legislative, and judicial. One basic corollary in a presidential system of government is the principle of separation of powers wherein legislation belongs to Congress, execution to the Executive, and settlement of legal controversies to the Judiciary. Case:  Eastern Shipping Lines vs POEA 166 SCRA 533 Facts: Davao pilot association filed a petition against the Eastern shipping lines for sum of money and attorney‟s fee claiming that herein respondent rendered pilotage service to petitioner, the lower court ruled in favor of the respondent; herein petition for certiorari assailing the decision of the CA. The factual antecedents of the controversy are simple. Petitioner insists on paying pilotage fees prescribed under PPA circulars. Because EO 1088 sets a higher rate, petitioner now assails its constitutionality. Issue: won EO 1088 is unconstitutional Ruling: it is axiomatic that administrative agency like Philippine port authority has no discretion whether or not to implement the law. Its duty is to enforce the law, thus, there is a conflict between PPA circular and a law like EO 1088, the latter prevails. Petition is dismissed.  Doctrine of Non- Delegation- Art VI sec. 1 -The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.  Permissive delegation of Legislative Power: P- people (Initiative and referendum) E- Emergency power of the President T- Tariff (Art. VI sec 28) A- Administrative Power L- Local Government 1. Delegation to the people Art VI Sec. 32-The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof. Art VI sec. 1-The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. 2. Emergency Powers to the President Art VI Sec 23(2)- In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. 3. Tariff Powers to the President Art VI Sec 28 (2)- The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government. 4. Delegation to Administrative Bodies -The power of subordinate legislation 5. Delegation to Local Government Units People v Vera- Such legislation (by local governments) is not regarded as a transfer of general legislative power, but rather as the grant of the authority to prescribe local regulations, according to immemorial practice, subject, of course, to the interposition of the superior in case of necessity. - this recognizes the fact that the local legislatures are more knowledgeable than the national law making body on matters of purely local concern, and are in a better position to enact appropriate legislative measures thereon.  Test to determine Validity of Delegation (applies to the power to promulgate administrative regulations ) 1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it. 2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the delegate‟s authority, announce the legislative policy and specify the conditions under which it is to be implemented.  Powers of Administrative Agencies 1. Quasi-legislative power / Power of subordinate legislation 2. Quasi-judicial power/Power of adjudication 3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers)  Definition of “Quasi-legislative power” -It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy.  Distinctions between Quasi-legislative power and legislative power 1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASI- legislative power only involves the discretion to determine how the law shall be enforced. 2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.  Definition of Quasi-Judicial Power It is the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. The exercise of this power is only incidental to the main function of administrative authorities, which is the enforcement of the law.  Determinative Powers 1. ENABLING powers Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful without government approval. Ex. Issuance of licenses to engage in a particular business. 2.DIRECTING powers Those that involve the corrective powers of public utility commissions, powers of assessment under the revenue laws, reparations under public utility laws, and awards under workmen‟s compensation laws, and powers of abstract determination such as definition-valuation, classification and fact finding 3. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from an affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation from a standard. 4. SUMMARY powers Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action. Usually without notice and hearing. Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers 5. EQUITABLE powers Those that pertain to the power to determine the law upon a particular state of facts. It refers to the right to, and must, consider and make proper application of the rules of equity. Ex. Power to appoint a receiver, power to issue injunctions Limitations of the Rule Making Power of Admin Bodies Cases: 1. Holy Spirit Homeowners Association vs. Secretary Defensor, G.R. No. 163980, 3 August 2006 Quasi- legislative power is the power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of non delegability and separation of powers. 2. Philippine Association of Service Exporters, Inc. vs. Torres, 212 SCRA 298 Rules and regulations issued by administrative authorities pursuant to the powers delegated to them have the force and effect of law; they are binding on all persons subject to them, and the courts will take judicial notice of them. Both letters of instruction and executive orders are presidential issuances; one may repeal or otherwise alter, modify or amend the other, depending on which comes later. 3. Land Bank v CA, 249 SCRA 149 The Court nullified DAR Adm. Circular No 9, which allowed the opening of a trust account in behalf of the landowner as compensation for the property taken, because Sec 16 (e), RA 6657, is specific that the deposit must be made in cash or in „land bank bonds‟. The implementing regulation cannot outweigh the clear provision of the law. 4. Commissioners of Internal Revenue v. CA, 240 SCRA 368 Administrative issuances must not override, but must remain consistent with the law they seek to apply and implement. They are intended to carry out, not to supplant nor modify, the law. 5. Ople v Torres 293 SCRA 141 What is Administrative Power? Held: Administrative power is concerned with the work of applying policies and enforcing orders as determined by proper governmental organs. It enables the President to fix a uniform standard of administrative efficiency and check the official conduct of his agents. To this end, he can issue administrative orders, rules and regulations. (Ople v. Torres, G.R. No. 127685, July 23, 1998 [Puno]) What is an Administrative Order? Held: An administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of government. It must be in harmony with the law and should be for the sole purpose of implementing the law and carrying out the legislative policy. (Ople v. Torres, G.R. No. 127685, July 23, 1998 [Puno]) - An administrative order is an ordinance issued by the president which relates to specific aspects in the administrative operation of the Govt. it cannot be argued that AO 308 (prescribing a National Computerized Identification Reference System) merely implements Administrative Code of 1987. Such national computerized ID reference system requires a delicate adjustment of various contending State policies, the primacy of national security, the extent of privacy against dossier- gathering by the government, and the choice of policies. It deals with a subject which should be covered by the law, not just and administrative order  Different powers of Administrative agencies a. Supplementary or detailed legislation- – rules and regulations „to fix the details‟ in the execution and enforcement of a policy set out in law. E.g. Rules and regulations implementing the Labor Code. b. I nterpretative legislation- -they are rules and regulations construing or interpreting the provisions of a statute to be enforced and they are binding on all concerned until they are changed. They have in their favour the presumption of legality. c. Contingent legislation- -they are the rules and regulations made by an administrative authority on the existence of certain facts or things upon which the enforcement of the law depends.  Internal Rules versus External Rules o I nternal Rules- treats of the legal relations between the government and its administrative officers and of legal relations that one administrative officer or organ bears to another. -it comprehends such topics as the nature of public office -it considers the legal aspects of public administration on its institutional side o External Rules- concerned with the legal relations between administrative authorities and private interests  Requisites for validity of Administrtive Rules and Regulation: 1. Issued under aauthority of law 2. Within the scope and purview of the law 3. Reasonable 4. Publication in the Official Gazette or in a newspaper of general circulation. 5. Promulgated under prescribed procedure  Requisites for Validity of Administrative Rules With Penal Sanctions: 1. law itself must declare as punishable the violation of administrative rule or regulation; 2. law should define or fix penalty therefor; and 3. rule/regulation must be published.  Limitations on the Rule- Making Power 1. It may not make rules and regulations which are inconsistent with the Constitution or a statute, particularly the statute it is administering ot which created it, or which are in derogation of, or defeat, the purpose of a statute. 2. It may not, by its rules and regulations, amend, alter, modify, supplant, enlarge, or limit the terms of the statute 3. The power of administrative officials to promulgate rules in the implementation of the statute is necessarily limited to what is provided I the legislative enactment 4. A rule or regulation must should be uniform in operation, reasonable, and not unfair or discriminatory.  Doctrine of Subordinate Legislation -power of administrative agency to promulgate rules and regulations on matters of their own specialization.  Concept of contemporaneous construction ADMINISTRATIVE CONSTRUCTION; EFFECT: Administrative construction is not necessarily binding upon the courts. Action of an administrative agency may be disturbed or set aside by the judicial department if there is an error of law, or abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment. 1. Public Schools District Supervisors Association vs. Hon. Edilberto de Jesus, G. R. No. 157299, 19 June 2006 The power of administrative officials to promulgate rules in the implementation of a statute is necessarily limited to what is provided for in the legislative enactment. The implementing rules and regulations of a law cannot extend the law or expand its coverage, as the power to amend or repeal a statute is vested in the legislature. However, administrative bodies are allowed under their power of subordinate legislation, to implement the broad policies laid down in the statute by “filling in the details”. All that is required is that the regulation be germane to the objectives and purposes of the law; that the regulation does not contradict but conforms with the standards prescribed by law. 2. Commissioner of internal revenue v CA 261 SCRA 236  -the administrative rule is in the nature of subordinate legislation designed to implement a law by providing its details (CIR v. Court of Appeals, 261 SCRA 236).  -An administrative rule in the nature of subordinate legislation is designed to implement a law by providing its details, and before it is adopted there must be hearing under the Administrative Code of 1987. When an administrative rule substantially adds to or increases the burden of those concerned, and administrative agency must accord those directly affected a chance to be heard before its issuance. LEGISLATIVE v. INTERPRETATIVE RULE: A legislative rule is in the nature of subordinate legislation, designed to implement a primary legislation by providing the details thereof. In the same way that laws must have the benefit of public hearing, it is generally required that before a legislative rule is adopted there must be hearing. 3. Philippine Consumers Foundation, Inc. vs. Secretary of Education, 153 SCRA 622 -The function of prescribing rates by an administrative agency may be either a legislative or an adjudicative function. If it were a legislative function, the grant of prior notice and hearing to the affected parties is not a requirement of due process. As regards rates prescribed by an administrative agency in the exercise of its quasi-judicial function, prior notice and hearing are essential to the validity of such rates. 4. Ang Tibay v CIR  (Cardinal Primary Requirement of Administrative Due Process) 1. The right to a hearing which includes the right to present one‟s case and submit evidence 2. The tribunal must consider the evidence presented 3. The decision must have something to support itself 4. The evidence must be substantial 5. The decision must be based on the evidence presented at the hearing 6. The tribunal or body of any judges must act on its own independent consideration of the law and facts of the controversy 7. The board or body should in all controversial questions, render its decision in such manner that the parties to the proceeding can know the various issues involves and reason for the decision rendered  Doctrine of Primary Jurisdiction This doctrine states that courts cannot or will not determine a controversy which requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court even though the matter is within the proper jurisdiction of a court.  Doctrine of Prior Resort When a claim originally cognizable in the courts involves issues which, under a regulatory scheme are within the special competence of an administrative agency, judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view. Note: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable.  Doctrine of Exhaustion of Administrative Remedies Under this doctrine, an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review.  Reasons : 1. to enable the administrative superiors to correct the errors committed by their subordinates. 2. courts should refrain from disturbing the findings of administrative. bodies in deference to the doctrine of separation of powers. 3. courts should not be saddled with the review of administrative cases 4. judicial review of administrative cases is usually effected through special civil actions which are available only if there is no other plain, speedy and adequate remedy.  Exceptions o when the question raised is purely legal, involves constitutional questions o when the administrative body is in estopped o when act complained of is patently illegal o when there is urgent need for judicial intervention o when claim involved is small o when irreparable damage is involved o when there is no other plain, speedy , adequate remedy o when strong public interest is involved o when the subject of controversy is private land o -in quo warranto proceedings o -When the administrative remedy is permissive, concurrent o -utter disregard of due process o -long-continued and unreasonable delay o -amount involved is relatively small o -when no administrative review is provided o -respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER EGO DOCTRINE)  Doctrine of Finality Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality, the reason being that absent a final order or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm. EXCEPTIONS: o Interlocutory order affecting the merits of a controversy; o Preserve status quo pending further action by the administrative agency; o Essential to the protection of the rights asserted from the injury threatened; o Officer assumes to act in violation of the Constitution and other laws; o Order not reviewable in any other way; o Order made in excess of power