Administrative Law Prelims

ADMINISTRATIVE LAW.

As defined by Goodnow, Administrative Law is that branch of public law which deals with three things:

1. fixes the organization of the government;
2. determines the competence of administrative authorities;
3. indicates to the individuals remedies for the violation of their rights.

Administrative law covers all the portion of the public law of the land concerning executive and administrative officials. It deals with the enforcement and execution of the laws of the State, its powers and duties, the law on public officers, their election, appointment, and removal, their rights, duties, and liabilities. It also covers the law of public corporations, the laws that provide for the grant of rights, privileges, bounties of government to private individuals.

The following are the sources of administrative law:

1. Statute of legislation – these are the laws passed by congress;
2. Decisions/Interpretations made by the courts – Jurisprudence or court decisions involving administrative law and procedures
3. Rules and regulations made by the administrative agency or body charged of implementing the law – these are what we call the Implementing Rules and Regulation of laws passed by congress. Administrative bodies have this quasi-legislative power in making the rules and regulations for statutes.
4. Decisions/Interpretations made by the administrative body/agency tasked to implement the law – Aside from the quasi-legislative power, administrative agencies/bodies also have quasi-judicial power which shall be later on discussed.

What is the purpose of administrative law?

The chief concern of administrative law is the protection of private rights. Its subject matter is the nature and mode of exercise of administrative power and the system of relief against administrative action.

What is the function of administrative law?

Its function is to make the government machinery work well in an orderly manner. It is the body of rules that makes every component part of the government perform its assigned tasks.

ADMINISTRATIVE BODY

An administrative body is a body composed of one or more officials designed to carry on certain business of government, to dispense certain services or privileges accorded by government, to regulate certain public callings, to promote the general welfare through police regulations, to determine rights of individuals in certain cases where a strong social policy is involved, to use a varying degree of discretion in arriving at decision and, often to proceed without being bound by some of the so-called technical procedures of law courts.

Types of administrative bodies:

Those set-up to function when the government is ---

1. offering some gratuity grant or social privilege (such as Phil. Veterans Administration)

2. seeking to carry on certain business of the government (such as BIR, Bureau of Customs)

3. seeking to regulate business affected with public interest (such as Land Transportation Commission)

4. exercising police power to regulate private businesses and individuals (such as Securities and Exchange Commission)

5. adjusting individual controversies because of some strong social policy involved (such as National Labor Relations Commission, Court of Agrarian Relations)

6. setting up of bodies where the government becomes a private party (such as Commission on Audit and GSIS)

Powers of administrative bodies

The powers of administrative bodies may be classified into:

1. Ministerial Powers – this refers to the administrative body’s power to perform a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority without regard to the exercise of his own judgment. (Example, Register of Deeds with respect to the registration of properties)

2. Discretionary Powers – this refers to the administrative body’s authority to do any act, the doing of the same being dependent upon his sound discretion (Example, the Commission on Audit, an auditor exercises his discretion in the performance of his duties)

3. Determinative Powers – further classified into:

a. Directing power – refers to corrective powers, power of assessment, abstract determination such as definition, valuation, classification, and fact-finding (Example, power of assessment of BIR)

b. Dispensing power – consists of the granting of exemptions from or relaxing of a general prohibition (Example, authority of the zoning boards to vary the provision of zoning statute or ordinance)

c. Enabling power- the power to approve something which the law undertakes to regulate; manifested in the granting or denial of licenses to engage in a particular business or occupation (Example, LTFRB, Board of Censors, Central Bank)

d. Examining power – also called the investigatory power, which consists in requiring the production of books, papers, records for inspection, the attendance of witnesses and compelling their testimony and the filing of statements (Example, Commission on Elections)

e. Summary power – the power to apply compulsion or force against a person or property to effectuate a legal purpose without a judicial warrant to authorize such action

4. Quasi-legislative Power (rule-making power) – the power of making rules and regulations to govern a certain subject within its jurisdiction. This grant of rule-making power is a relaxation of the principle of separation of power and serves an as exception to the non-delegation of legislative power. Administrative relations adopted under legislative authority by particular department must be in harmony with the provisions of the law, and should be for the sole purpose of carrying into effect its general provisions, without extending, expanding, or amending the law itself.

a. Requisites for the validity of administrative rules and regulations:

i. It must have been issued under the authority of law

ii. It must be within the scope and purview of the law

iii. It must be reasonable

iv. Must be published in the official gazette and newspaper of general circulation

v. Must be registered with the UP Law Center

b. Exceptions:

i. Those which are merely internal in nature regulating personnel of the agency and not the public

ii. Letters of instructions issued by an administrative superior to be followed by subordinates

c. Categories of rules and regulations that may be promulgated:

i. Those intended to supply the details of a legislation

ii. Those that are intended to construe or interpret the particular law or statute being enforced

iii. Those that are intended to determine some facts or state of things from which the enforcement of the law shall depend

5. Quasi-Judicial Power (power of adjudication) – the power to investigate facts, hold hearings, and draw conclusions from them as a basis for their official action and to exercise discretion of a judicial nature. Quasi-judicial adjudication is a determination of rights, privileges, and duties resulting in a decision or order which applies to a situation. (Example, the National Labor Relations Commission adjudicates labor cases)

a. Doctrine of Primary Jurisdiction – means that the judicial action of a case is deferred pending the determination of some issues which properly belong to an administrative body because their expertise, specialized skills, knowledge and resources as required for the resolution of the factual or non-legal matters. This requires substantial evidence, or such evidence that a reasonable mind might accept as adequate to support a conclusion, the quality of evidence necessary for a court to affirm a decision of an administrative body.

b. Trial-type hearing or a full blown hearing is needed when adjudicative fact is to be established.

c. Types of administrative investigation

i. Determinative – the purpose is to determine the facts which would qualify the positive application of the law being enforced, administered, or implemented

ii. Disciplinary administrative investigation

EXHAUSTION OF ADMINISTRATIVE REMEDIES

Where the law provides for the remedies against the action of an administrative board, body or officer, relief to courts against such action can be sought only after exhausting all the remedies provided for. As a general rule, the doctrine of exhaustion of administrative remedies applies only when there is an express legal provision requiring such administrative step as a condition precedent to the taking of an action in court.

Exceptions to exhaustion of administrative remedies:

1. When no administrative review is provided by law
2. When the issue is purely legal
3. When the party invoking the doctrine is guilty of estoppel
4. When there is unreasonable delay of official action that will prejudice the complaint
5. When the amount involved is too small as to make the rule impractical and oppressive to the complainant
6. When there is no plain, adequate, and speedy remedy available
7. When there is “qualified political agency”
8. In land case, when the land in question is a private land
9. When it will result into the nullification of the claim or cause of action
10. When there is an official action demanded by public interest