Professional Documents
Culture Documents
Nachura Notes Administrative Law PDF
Nachura Notes Administrative Law PDF
I. GENERAL PRINCIPLES
Kinds
1. Statutes
2. Rules, regulations or orders
3. Determinations, decisions and orders
4. Body of doctrines and decisions
Administration
1. as a Function – the execution, in non-judicial matters, of the law or will of the
State as expressed by competent authority
2. as an Organization – group or aggregate of persons in whose hand the reins of
government are for the time being.
Kinds
1. Internal – legal side of public administration
2. External – deals with problems of government regulation
Quasi-Legislative Power
¾ Exercise of delegated legislative power
¾ Involves no discretion as to what the law shall be
¾ Fix the details in the execution or enforcement of a policy
¾ Rules and regulations issued by administrative authorities pursuant to
powers delegated to them have the force and effect of law
o They are binding on all persons subject to them
o Courts will take judicial notice
¾ Letters of Instructions and Eos are presidential issuances; one may repeal
or alter, modify or amend the other, depending on which comes later.
¾ The function of promulgating rules and regulations may be legitimately
exercised only for the purpose of carrying out the provisions of the law
into effect.
¾ Administrative regulations cannot extend the law or amend a legislative
enactment.
¾ Administrative regulations must be in harmony with the provisions of law.
It must not override, but must remain consistent with the law they seek to
apply and implement.
¾ Administrative agency has no discretion whether or not to implement a
law. Its duty is to enforce the law.
¾ Administrative order is an ordinance issued by the President which relates
to specific aspects in the administrative operation of Government.
2
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
• Where hearing is indispensable, it does not preclude the Board from ordering, ex-
parte, a provisional increase subject to its final disposition of whether or not to
make it permanent, to reduce or increase it further or to deny the application.
(Maceda vs. Energy Regulatory Board)
Determinative Powers
3
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
1. Directing
Power of assessment of BIR and Customs
2. Enabling
Permit or to allow something which the law undertakes to regulate
3. Dispensing
To exempt from a general prohibition OR
Relieve individual or corporation from an affirmative duty
4. Examining
Investigatory power
1. production of books, papers, etc.
2. attendance of witnesses
3. compelling their testimony
Power to compel attendance of witnesses not inherent in
administrative body
But an administrative officer authorized to take testimony or
evidence is deemed authorized to administer oath, summon
witnesses, require production of documents, etc.
Power to punish contempt must be expressly granted to the
administrative body; when granted, may be exercised only when
administrative body is actually performing quasi-judicial functions
5. Summary
Power to apply compulsion or force against persons or property to
effectuate a legal purpose without a judicial warrant to authorize
such action
4
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
Administrative Determinations where Notice and Hearing are NOT necessary for due
process
1. grant of provisional authority for increased rates or to engage in a particular line
of business
2. summary proceedings of distraint and levy upon the property of a delinquent
taxpayer
3. cancellation of passport, no abuse of discretion
4. summary abatement of a nuisance per se which affects the immediate safety of
persons/property
5. preventive suspension of a public officer/employee pending investigation of
administrative charges
5
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
6
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
- Housing and Land Use Regulatory Board (HLURB): unsound real estate business
practices
- Department of Energy: electric power
- Home Insurance Guarantee Corporation(HIGC): disputes involving homeowners
association
Doctrine
- Whenever there is an available administrative remedy provided by law, no
judicial recourse can be made until all such remedies have been availed of and
exhausted.
Reasons
1. if relief is first sought from a superior administrative agency, resort to courts may
be unnecessary
2. administrative agency should be given a chance to correct its error
3. principles of comity and convenience
4. judicial review of administrative decisions is usually made through special civil
actins, which will not normally prosper if there is another plain, speedy and
adequate remedy in the ordinary course of law
Corollary Principle
1. Doctrine of Prior Resort/ Doctrine of Primary Administrative Jurisdiction
¾ No Where there is competence or jurisdiction vested upon an administrative body
to act upon a matter, no resort to the courts may be made before such
administrative body shall have acted upon the matter.
¾ Conversion of subdivision lots Æ HLURB
¾ Enforcement of forestry laws Æ DENR
¾ Issuing license to radio stations Æ NTC
¾ Disputes arising from construction contracts Æ Construction Industry Arbitrary
Commission
¾ Agricultural lands under the coverage of CARP Æ DAR
¾ Effluents of a particular industrial establishment Æ Pollution Adjudication Board
7
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
¾ A party aggrieved must not only initiate the prescribed administrative proceeding,
but must pursue it to its appropriate conclusion before seeking judicial
intervention.
Exceptions
1. Doctrine of Qualified Political Agency (alter ego doctrine)
2. Administrative remedy is fruitless
3. Estoppel on the part of the Administrative Agency
4. Issue involved is purely a legal question
5. Administrative action is patently illegal
6. Unreasonable delay or official inaction
7. Irreparable injury or threat, unless judicial recourse is immediately made
8. Land cases, where subject matter is private land
9. Law does not make exhaustion a condition precedent to judicial recourse
10. Observance of the doctrine will result in the nullification of the claim
11. Special reasons or circumstances demanding immediate court action
12. Due process of law is clearly violated
13. Rules does not provide a plain, speedy and adequate remedy
Rule
¾ Judicial review may be granted or withheld as Congress chooses
¾ Except: when Constitution requires or allows it
¾ Judicial review of administrative decisions cannot be denied the courts when there
is an allegation of grave abuse of discretion.
General Principles
¾ underlying power in the Courts to scrutinize the acts of administrative agencies on
questions of law and jurisdiction although no right of review is given by statute.
¾ Keep administrative agencies within its jurisdiction.
¾ Protect substantial rights of parties affected by the decisions.
¾ Part of system of checks and balances which restricts the separation of power and
forestalls arbitrary and unjust adjudication.
8
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
9
PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy)
10