PARTI ADMINISTRATIVE LAW CHAPTER | INTRODUCTORY S101. Scope. 31.Am, Sur 2806. ‘Bxecutive Order No. 292 iseued on July 26, 1987.agencies attached thereto (Book IV); Constitutional Commissions, namely: the Commission on Elections, the Civil Service Commission and the Commission on Audit, and other constitutional bodies (Book V); National Government Budgeting (Book VI); and Administrative ‘The broad scope of administrative law as enshrined in the 1987 Administrative Code covers those of internal az well as those of - : the mode of exercise of administrative power and the system of re- > c Administrative law is of four kinds: (a) statutes setting up administrative authorities; (b) the body of doctrines and decisions i orders of such ad- ministrative authorities in the settlement of controversies arising in ___ Administrative law consists of pertinent provisions of the Con- ‘Am. Jur, tq? 2 Book VU, 1967 Administrative Code; Mecano v. COA, 216 SCRA 500 982). ADMINISTRATIVE LAW Introductory statutory principle that general legislation must give way to special legislation on the same subject, and generally so interpreted as to ‘embrace only cases in which the special provisions are not appli. eable* $1.04, Administrative framework. At the apex of the administrative framework of the Republic of fded in the cee : Powers, administering special funds, and enjoying operational au- ‘tonomy, usually through @ charter. This term includes regulatory agencies, institutes anc government-owned or controlled An instrumentality is anything used as a means or agency. The terms governmental “agency” are “instrumentality” are synonymous in the sense that either of them is a means by which the government “vera ¥IAC, 167 SCRA 28 (988s al Ruben. Aga, Sttstory Contr 87 a eRe Mann 18 SoA 24180) ‘mintatv ode of 187m nd Sl AtrtyCour ofADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS ‘AND ELECTION LAW ‘acts, or by which a certain governmental act or function is performed. ‘The word “intrumentalig™ with respect to a state, contemplates an authority to which the state de lpn governmental power forthe @ ADMINISTRATIVE LAW Introductory ‘The public officers and employees w! rho perform the duties and exercise the powers in the administrative set-up ofthe government arecompendiously called “administration.” The term “administration” rofers to the aggregate Of tone persons in whove hand the reins of rely tndonbrioestheides ore term, duration, emoluments, ines which ~ pamers and uties, All of them taken together constitute a public ‘8 “legal personality.” Thetexpirat tion ofthe term ofan incorporated agency or instrumentality has consequences which must be looked Pari the chartar ofthe agency and, as supplement, fn the provisions on Code. When the statutory term of a Sherpa agumcy expire the powers, duties and function aa ‘well as assets and liabilities of that agency revert back to, and are re- ‘sumed by, the Republic of the Philippines, in the absence of special Provisions of law specifying some other disposition thereof.!* Chartered institution refers to any agency organized or operat- ing under a specific charter, and vested by law with functions relat- ing to specific constitutional policies or objectives. This term includes the stato universities and colleges, andthe monetary authority of the stage ‘Luzon Dev Bank v. Assocation of Luson Dev, Bank Employees, 4 SCAD 916, 249 SCRA 162 (19961. ag 28 A4 Stel Authority v. Court of Appeals, 5 SCAD 261, 249 SCRA S38 ”akepbl Court of Apel, 8 SCAD 261, 200 SCRA 261190 ‘Iron and Steel Authority v. Curt of Appeala, 65 SCAD 261, 249 SCRA 558 11905) ‘Malaga v. Panachos, Jr, 213 SCRA 616 1992), A public office is created by the Constitution or by law or by an oftcer or tribunal to which the power to conte the eMiayhon ean ‘aap fy pare. The ton bn or he All ac Satna coe aes aa oe thegaiy She, Consttaton are created by statutes or hy officers or tribunals authorized by Congress to do so expressly or impliedly. Except sich office as are created by the Consitution/he ‘reation of public offices is ‘primarily a legislative function. In so far aa the legislative power in this respect is is not restricted by the ‘40 8. w. Dorr, 2 Pil, $88 (1908), \SPemandes v. Sto, Tomas, 69 SCAD 488, 248 SCRA 104 [1906). ‘See. 29), 1987 Administrative Code. 63 Amn. Jur, 24 067,