Administrative Law or assigned the rank of a department, regardless of its
name or designation.
Administrative Law – is 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, professions, trades and callings, rates and
prices, laws for the protection of public health and
safety, and the promotion of public convenience.
Doctrine of Qualified Political Agency – The members
of the cabinets are deemed alter egos of the President
so that their decision and acts performed in the regular
course of business are deemed acts or decision of the
President unless reprobated by the President.
Government of the Republic of the Philippines – refers
to the corporate governmental entity through which
the functions of government are exercised through the
Philippines, including, save as the contrary appears
from the context, the various arms through which
political authority is made effective in the Philippines,
whether pertaining to the autonomous regions, the
provincial, city, municipal or barangay subdivisions or
other forms of local government.
Government Instrumentality – refers to any agency of
the National Government, not integrated within the
department framework, vested with special functions
or jurisdiction by law, endowed with some if not all
corporate powers, administering special funds, and
enjoying operational autonomy, usually through a
charter. This term includes regulatory agencies,
chartered institutions and government-owned or
controlled corporations.
Regulatory Agency – refers to any agency expressly
vested with jurisdiction to regulate, administer or
adjudicate matters affecting substantial rights and
interest of private persons, the principal powers of
which are exercise by a collective body, such as
commission, board or council.
Chartered Institutions – refers to any agency organized
or operating under a special charter, and vested by law
with functions relating to specific constitutional
policies or objectives. This term includes the state
universities and colleges and the monetary authority of
the State.
Department – refers to an executive department
created by law. For purposes of Book IV, this shall
include any instrumentality, as herein defined, having
VISAYA, Filouie C. | Administrative Law | 2G | Atty. Sandoval
Bureau – refers to any principal subdivision or unit of
any department. For purposes of Book IV, this shall
include any principal subdivision or unit of any
instrumentality given or assigned the rank of a bureau,
regardless of actual name or designation, as in the case
of department-wide regional offices.
Office – refers, within the framework of governmental
organization, to any major functional unit of a
department or bureau including regional offices. It may
also refer to any position held or occupied by individual
persons, whose functions are defined by law or
regulation.
Government-owned or controlled corporation –
refers to any agency organized as a stock or non-stock
corporation, vested with function relation to public
needs whether governmental or proprietary in nature,
and owned by the Government directly or through its
instrumentalities either wholly, or, where applicable as
in case of stock corporations, to the extent of at least
51 percent of its capital stock: provided, that
government-owned or controlled corporations may be
further categorized by the Department of Budget and
Management, the Civil Service Commission, and the
Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and
responsibilities with respect to such corporations.
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 a law and implement legislative policy.
Administrative Regulations are:
1. Interpretative – issued by the administrative
body as an incident of it s power to enforce the
law and is intended merely to clarify its
provisions for power observance by the
people.
2. Legislative – is in the nature of subordinate
legislation, acting in legislative capacity,
supplementing the statue, filling in the details,
or making the law, and usually acting pursuant
to a specific delegation of legislative power.
a. Supplementary – is intended to fill in
the details of the law and “to make
explicit what is only general.”
b. Contingent – it is issued upon the
happening of a certain contingency
which the administrative body is given
the discretion to determine or “to
ascertain, under and pursuant to the
 law, some circumstances on which the
law, by its own terms, makes its own
action depend, or to find the facts or
conditions properly prescribed under
which a law as passed will or will not
operate, that is, for putting in effect,
applying or suspending a law.
Requisites of a 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.
a. Public Hearing
b. Publication
4. It must be reasonable.
Test of Valid Delegation:
1. Completeness Test – 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, which are determinate, or
at least determinable to specify the limits of
the delegate’s authority, announce the
legislative policy and specify the conditions
under which is to be implemented.
Doctrine of Delegation of Powers
General Rule: A power that has already been delegated
may no longer be delegated.
Exceptions:
1. Delegation to the People through plebiscite
and referendum
2. Delegation of Emergency Powers to the
President
3. Delegation to the President of Tariff Powers
4. Delegation to Administrative Bodies
5. Delegation to the Local Government
Quasi- Judicial Power – The power of the
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.
Requisites of Proper Exercise of Quasi- Judicial Power:
1. Jurisdiction must be properly acquired by the
Administrative Body
2. Due Process must be observed in the conduct
of the Proceedings.
VISAYA, Filouie C. | Administrative Law | 2G | Atty. Sandoval
Doctrine of Necessary Implication – Where an
administrative body is expressly granted the power of
adjudication, it is deemed also vest with the implied
power to prescribe the rules to be observed in the
conduct of its proceedings.
Determinative Powers
1. Enabling Powers – those that permit the doing
of an act which the law undertakes to regulate
and which would be unlawful without
government approval.
2. Directing Powers – order the doing or
performance of particular acts to ensure
compliance with the law and are often exercise
for corrective purposes.
a. Dispending Powers – allows the
administrative officer to relax the
general operation of a law or exempt
from the performance of a general
duty.
b. Examining Powers – enables it to
inspect the records and premises, and
investigate the activities, of persons or
entities coming under its jurisdiction.
c. Summary Powers – those involving
the use by administrative authorities
of force upon persons or things
without the necessity of pervious
judicial warrant.
Cardinal Rights or Principles in Administrative
Proceedings (Ang Tibay v. CIR):
1. The right to a hearing which include the right
of the party interested or affect to present his
own case and submit evidence in support
thereof;
2. The tribunal must consider the evidence
presented;
3. The decision must have something to support
itself;
4. The evidence must be substantial, one which
relevant and a reasonable mind might accept
as adequate to support a conclusion;
5. 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;
6. The judges must act on its or his own
independent consideration of the law and facts
of the controversy, and not simply accept the
views of a subordinate in arriving at a decision;
and
7. That it renders a decision is such a manner that
the parties to the proceeding can know the
various issues involved, and the reasons for the
decisions rendered.
Judicial Power – includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
How does the definition of Judicial Power under the
present Constitution affected the political question
doctrine?
 The 1987 Constitution expands the concept of
judicial review. Under the expanded definition,
the Court cannot agree that the issues involved
is a political question beyond the jurisdiction of
the court to review. When the grant of power
is qualified, conditional, or subject to
limitations, the issue to whether the
prescribed qualifications or conditions have
been met or the limitations respected is
justiciable – the problem being one of legality
or validity, not its wisdom. When political
questions are involved, the Constitution limits
the delimitation as to whether or not there has
been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the
official whose action is being questioned.
Requisites for Proper Exercise of the power of Judicial
Review:
1. The existence of an appropriate case;
2. An interest personal and substantial by the
party raising the constitution question;
3. The plea that the function be exercise at the
earliest opportunity; and
4. The necessity that the constitutional question
be passed upon in order to decide the case.
Doctrine of Primary Jurisdiction – the courts cannot
and will not resolve a controversy involving a question
which is within the jurisdiction of an administrative
tribunal.
Doctrine of Exhaustion of Administrative Remedy –
whenever there is an available administrative remedy
provided by law, no judicial records can be made until
all such remedies have been availed of and exhausted.
Exceptions: (Sangguniang Bayan of Don Mariano
Marcos v. Martinez)
1. When the administrative body is in estoppel.
2. Where the challenged administrative act is
patently illegal.
3. Where there is unreasonable delay or official
inaction that will irretrievably prejudice the
complainant.
VISAYA, Filouie C. | Administrative Law | 2G | Atty. Sandoval
4. When the claim involved is small.
5. Where the question raised is purely legal.
6. Where judicial intervention is urgent.
7. When irreparable damage will be suffered.
8. Where the controverted acts violate due
process.
9. When the issue of non-exhaustion of
administrative remedies has been rendered
moot.
10. When there is no other plain, speedy and
adequate remedy.
11. When strong public interest is involved.
12. In quo warranto proceedings.
Law on Public Officers
Public Office – it refers to the right, authority or duty
created and conferred by law by which for a given
period either fixed by law or enduring at the pleasure
of the creating power, an individual is invested with
some sovereign power of the sovereign function of the
government, to be exercised by that individual for the
benefit of the public.
Elements:
1. It is created by law or authority of law.
2. Possess a delegation of a portion of the
sovereign powers of the government, to be
exercised for the benefit of the public.
3. Powers conferred and duties imposed must be
defined directly of impliedly by the legislature.
4. Duties must be performed independently and
without the control of a superior power other
than the law.
5. Must have permanence or continuity.
Characteristic of a Public Office:
1. Public Office is a public trust.
2. It is not a heritable possession
3. It is outside the commerce of man.
4. It is not a property.
Luego Doctrine – this is a political question involving
consideration of wisdom which only the appointing
authority may determine. For as long as the appointee
has the minimum requirements, the CSC and the SC are
powerless to render that a better one is more qualified.