ADMINISTRATIVE LAW

LAW OF EXTERNAL ADMINISTRATION

- legal relation between Administrative authorities and private interests.

LAW OF INTERNAL ADMINISTRATION

- legal relation between government and its administrative officers; - legal relation that one administrative officer/organ bears to another; - It considers the legal aspects of public administration in its institutional side.

EXCEPTION: Principle of Res Judicata

1. It applies only to judicial or quasi-judicial proceedings and not to the exercise of administrative powers; and, 2. Neither does the doctrine apply to judgment based on prohibited or null contracts.

REQUISITES: Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature; 2. It must be within the scope of the authority given by the legislature; 3. It must be promulgated in accordance with the prescribed procedure; and; 4. It must be reasonable.

Special Requisites: VALID ADMINISTRATIVE REGULATION WITH A PENAL SANCTION

1. The law itself must make violation of the administrative regulation punishable; 2. The law itself must impose and specify the penalty for the violation of the regulation; and; 3. The regulation must be published.

Basic concepts:DOCTRINE OF SEPARATION OF POWERS

1.) Allocation of governmental powers 2.) Blending of allocated powers 3.) Exclusive exercise of powers

CLASSIFICATIONS OF DIFFERENT ADMINISTRATIVE LAWS

1.) As to source: a. Law that controls administrative authorities. b. Law made by administrative authorities. 2.) As to purpose: a. Adjective or procedural administrative law b. Substantive administrative law 3.) As to applicability: a. General administrative law b. Special or particular administrative law

REQUISITES of a VALID DELEGATION

1.) Completeness of the statute making the delegation < COMPLETENESS TEST> 2.) Presence of a sufficient standard <SUFFICIENT STANDARD TEST>

SOURCES OF ADMINISTRATIVE LAW

1.) Constitution 2.) Statutes 3.) Judicial decisions 4.) Rules, regulations, orders, proclamations

Powers Exercised by Administrative Agencies

1.) Investigatory powers 2.) Rule-making powers 3.) Adjudicatory powers

REQUISITES OF QUASI-JUDICIAL POWER

1.) Jurisdiction must be properly acquired by the administrative body; 2.) Due process must be observed in conducting administrative proceedings.

PRICIPAL SUBDIVISIONS of ADMINISTRATIVE LAW

1.) LAW OF INTERNAL ADMINISTRATION 2.) LAW OF EXTERNAL ADMINISTRATION

SCOPE OF ADMINISTRATIVE LAW

1.) The law which fixes the administrative organization and structure of the government; 2.) The law, the execution and enforcement of which is entrusted to administrative authorities; 3.) The law which governs public officers, their competencies, rights, duties, liabilities, elections, etc.; 4.) The law which creates administrative agencies, defines their powers and functions, prescribes their procedures including the adjudication and settlement of contested matters involving private interests; 5.) The law which provides remedies administrative or judicial, to those aggrieved by administrative acts or decisions; 6.) The law which governs judicial review of or relief against administrative acts or decisions; 7.) The rules, regulations, orders and decisions made by administrative authorities dealing with the interpretation and enforcement of the laws entrusted to their administration; and, 8.) The body of judicial decisions and doctrines dealing with any of the above.

Doctrine of NON-DELEGATION OF POWERS

A delegated power constitutes not only a right but a duty to be performed by the delegate on his own judgement and not through the intervening mind of another. A further delegation of such power would constitute a negation of the duty in violation of the trust reposed in the delegate mandated to discharge it directly.

AMENDMENT or REPEAL of ADMINISTRATIVE REGULATIONS

Administrative regulation may be amended or repealed by the authorities who made / promulgated them or by the legislature through a law enacted for that purpose.

Administrative Rule

Agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in or practice requirements of an agency, including its regulations.

GENERAL RULE: RES JUDICATA

An administrative decision is NOT CONSIDERED RES JUDICATA so as to preclude its subsequent reconsideration or revocation. It is a continuing process.

End of Administrative Proceeding

An administrative proceeding is at end when AN APPEAL has been taken to court, and it is merged in the decree of the court when the agency has procured a judicial decree enforcing its order.

Rule Making

An agency process for the formulation, amendments, or repeal of a rule.

LEGISLATIVE regulations

Are accorded by the court or by express provisions of statute, the force and effect of law immediately upon going into effect. - In such instance, the administrative agency acts in a legislative capacity. LEGISLATIVE RULES are in the nature of SUBORDINATE LEGISLATION, intended to implement the policy of a primary legislation.

SEC. 5, Art. X

Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to such guideline and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and, charges shall accuse exclusively to the local governments.

DETERMINATIVE POWERS

Enabling Powers Directing Powers

EXCEPTIONS: NOTICE AND HEARINGS

Extreme urgency of immediate action Tentativeness of the administrative action The fact that the right had been previously offered but not claimed.

DOCTRINE OF SEPARATION OF POWERS

Governmental powers are divided among the three branches of government and broadly operates to confide legislative powers to the legislative, executive powers to the executive departments, and judicial powers to the judiciary, - precluding one branch of the government from exercising or invading the power of another. The power assigned to one department should not be exercised by either of the other departments, and that no department ought to possess, directly or indirectly, an overruling influence or control over the others.

SEC.23, Art. VI

In times of war or other national emergency, the congress may, by the 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.

SUPPLEMENTARY REGULATION

Intended to fill in the details of the law and "to make explicit what is only general". Its purpose is to enlarge upon statute, subject only to the standards fixed therein, to ensure its effectivity in accordance with the legislative will.

Power of Adjudication

It is a process undertaken by an administrative agency for the formulation of a final order.

CONTINGENT REGULATION

It is issued upon the happening of a contingency - administrative agency is allowed to ascertain the existence of particular contingencies and on the basis thereof enforce or suspend the operation of a law.

NEW RULE: RES JUDICATA

It is now settled in our jurisprudence that the decisions and orders of the administrative agencies, rendered pursuant to their quasi-judicial authority, have upon their finality, the force and binding effect of a final judgment within the purview of the DOCTRINE OF RES JUDICATA. The principle of res judicata applies as well to the judicial and quasi-judicial acts of public, executive or administrative offices and board acting within their jurisdiction as to the boards acting within their jurisdiction as to the judgments of courts having general judicial powers. BASIS: It is grounded on fundamental considerations of public policy and sound practice that, at the risk of occasional error, the judgment of courts and award of quasi-judicial agencies must become final at some definite date fixed by law.

ADMINISTRATIVE LAW

It is that part of the law which governs the organization, functions and procedures of administrative agencies of the government to which quasi-legislative powers are delegated and quasi-judicial powers are granted, and the extent and manner to which such agencies are subject to control the courts.

KINDS of ADMINISTRATIVE REGULATIONS

LEGISLATIVE regulations INTERPRETATIVE regulations

Power to Investigate

Means to EXAMINE, EXPLORE, INQUIRE or PROBE into - to conduct an official inquiry.

DIRECTING POWERS

Order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes.

CLASSIFICATION OF LEGISLATIVE REGULATION

SUPPLEMENTARY REGULATION CONTINGENT REGULATION

SEC.23, Art. VI

The Congress may, by the 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, tonage and wharfage dues, and other duties or imposts within the framework of the national development program of the government.

SEC.3, Art. X

The Congress shall enact a local government code, which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum.

SEC.32, Art. VI

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 acts or law or part thereof passed by the congress or local legislative body after the legislation of a petition therefor, signed by at least 10 per centum of the total number of registered voters, of which every legislative district must be represented by at least 3 % of the registered voters thereof.

MINISTERIAL

The administrative officer performs a mechanical act that requires no judgment or discretion for its exercise.

Quasi- legislative power

The authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of the law and implement legislative policy. It possessed the same legal force and perhaps with even more efficiency than the statutes they are supposed to implement. This is also known as the POWER OF SUBORDINATE LEGISLATION. Also, defined as 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.

DISCRETIONARY

The exercise of administrative power is discretionary, especially as they involve the interpretation or construction and enforcement of the law and the appreciation of factual questions that may be submitted to it for resolution.

PENAL REGULATION

The power to define and punish crime is exclusively LEGISLATIVE and may not be delegated to the administrative authorities. While administrative regulations may have the force and effect of laws, their violation cannot give rise to criminal prosecution unless the legislature makes such violation punishable and imposes the corresponding sanctions.

SUBPOENA POWER (General Rule)

The power to issue subpoena and subpoena duces tecum IS NOT INHERENT in administrative bodies. It is settled that these bodies may summon witnesses and require the production of evidence only when DULY ALLOWED BY LAW, and ALWAYS only IN CONNECTION WITH THE MATTER THEY ARE AUTHORIZED TO INVESTIGATE. (The fact that an administrative agency has been authorized to conduct an investigation does not necessary mean it can also summon witnesses and take testimony in the absence of a clear grant of this power from the legislature.)

CONTEMPT POWER

The power to punish for contempt is essentially judicial and cannot be claimed as an inherent right by the administrative body. To be validly exercised, IT MUST BE EXPRESSLY CONFERRED UPON THE BODY and, additionally, MUST BE USEDONLY IN CONNECTION WITH ITS QUASI-JUDICIAL as distinguished from its purely administrative or routinary functions. (Where a subpoena of the administrative body disregarded, the person summoned may not directly be disciplined by that body to seek the assistance of the courts of justice for the enforcement of its order.)

NOTICE AND HEARINGS

The right to notice and hearing is essential to due process and its non-observance will as a rule, invalidate the administrative proceedings. The ESSENCE of DUE PROCESS in administrative proceedings is the opportunity to explain one's side or a chance to seek reconsideration of the action or ruling complained of.

CONSTRUCTION AND INTERPRETATION of ADMINISTRATIVE REGULATIONS

The same rules on the construction and interpretation of statutes are applied to administrative regulations, with the specific requirement that the regulation should be read in harmony with the statute and not in violation of the authority conferred on the administrative authorities.

ENABLING POWERS

Those that permit the doing of an act which the law undertakes to regulate and which would be unlawful without government approval. Ex: issuance of licenses

INTERPRETATIVE regulations

Those which purpose to do no more than interpret the statute being administered, to say it means. - It is issued by administrative body, as an incident of its power to enforce the law and is intended merely to clarify its provision for observance with the legislative will.

Power to Adjudicate

To adjudge, arbitrate, tp settle finally the rights and duties of the parties.

PERMISSIBLE DELEGATION OF LEGISLATIVE POWER (under the Constitution)

a. SEC.23, Art. VI b. SEC.28, Art. VI c. SEC.32, Art. VI d. SEC.3, Art. X e. SEC. 5, Art. X

CARDINAL RIGHTS or PRINCIPLES: ADMINISTRATIVE PROCEEDINGS

a.)RIGHT TO A HEARING which includes the right of the party interested or affected to present his own case and submit evidence in support thereof; b.)The TRIBUNAL MUST CONSIDER THE EVIDENCE. Must base its decision on the evidence presented. Evidence must not be disregarded. c.)While the duty to deliberate does not impose the obligation to decide right, it does not impose the obligation to decide right, it does imply a necessity which cannot be disregarded, namely, that of having something to support its decision. d.)The evidence must be substantial. e.)The decision must be rendered on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected.