Chapter 1

Administrative law

- That 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 the individual for the
purpose of promoting the well-being of the community, as under laws regulating public interest,
profession, trades and callings, rates and prices, laws for the protection of public convenience
- two major powers of the administrative agency
o its quasi-legislatie authority or rule-making power and
o its quasi-judicial power or adjudicatory function
- Object and scope of administrative law is essentially the regulation of private rights for public
welfare
- That part of public law which fixes the organization of the government and determines the
competence of the authorities who execute the law and indicates to the individual remedies for
the violation of his rights
- Branch of the law which deals with the field of legal control exercised by law-administering
agencies other than courts, and the field of control exercised by courts over such agencies
- Particular field of public law in terms of the pulic institutions to which administrative agencies
provide support or assistance and the general public for which they are established to serve
- Primary function of an administrative agency is to enforce the law, which it can actually perform
even without exercising either quasi-legislative or quasi-judicial power, which if conferred upon
it, may be invoked or exercised by it only for purpose of enhancing its enforcement prerogative
and only within the confines of the constitutional or statutory grant of either

Origin and development

- Its origin is in legislation

- Under the doctrine of separation of powers, all rules of conduct are supposed to be laid down
directly by the legislature, subject to the direct enforcement of the executive department, and
the application or interpretation, also directly, by the judiciary
- It was felt that the legislative and judicial departments no longer had either the time or the
needed expertise to attend to these new problems which they felt should be resolved by the
executive department
o The solution was delegation of powers- the legislature began authorizing certain
specialized bodies to lay down rules for the regulation of the matters entrusted to their
jurisdiction and, additionally to apply these rules in the adjudication of factual issues
o By delegation, the legislature is able to relieve itself of the responsibility to legislate
directly on relatively minor matters and of attending as well to the adjudication of
essentially factual questions that more properly pertain to the executive authorities. In
this manner, the legislature can concentrate on matters of national or greater
significance
Sources (4)

1. CONSTITUTIONAL OR STATUTORY ENCTMENTS CREATING ADMINISTRATIVE BODIES

- Example: SSS and the Administrative Code of 1987
2. DECISIONS OF COURTS INTERPRETING THE CHARTERS OF ADMINISTRATIVE BODIES AD
DEFINING THEIR POWERS, RIGHTS, INHIBITIONS, AMONG OTHERS, AND THE EFFETS OF THEIR
DETERMINATIONS AND REGULATIONS
3. RULES AND REGULATIONS ISSUED BY THE ADMINISTRATIVE BODIES IN PURSUANCE OF THE
PURPOSES FOR WHICH THEY WERE CEATED
- Omnibus rules implementing the labor code, the circulars of the monetary board on interest
rates and regulations of the Commission on Immigration and Deportation and rules
promulgated by the securities and exchange as well as the intellectual property office
- These are called upon toregulate, all of which are promulgated pursuant to the rule-making or
quasi-legislative prerogatives usually assigned to administrative bodies
4. DETERMINATIONS AND ORDERS OF THE ADMINISTRATIVE BODIES IN THE SETTLEMENT OF
CONTROVERSIES ARISING IN THEIR RESPECTIVE FIELDS
- Refers to the adjudication of administrative agencies in the exercise of their quasi-judicial
powers

Administration

- Two sense: an institution and as a function

o Institution: administration refers to the aggregate of individuals in whose hands the
reins of government are for the time being
 Refers to the persons who actually run the government during their prescribed
terms of office
 Administrations as distinguished from government which is the agency or
instrumentality through which the will of the State is formulated, expressed and
realized
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