CTU MPA BATCH 7 – GREEN GECKO: GROUP 1

6/13/21
MPA 611: ADMINISTRATIVE LAW – CHAPTER 1 (INTRODUCTION)

I. Title

Administrative Law

II. Objectives

A. To be able to define the meaning of Administrative Law

B. To be able to distinguish Administrative Law vs. other Laws
C. To be able to classify the kinds of Administrative Law and its scope
D. To be able to discover the development of Administrative Law and its role
in the Philippines Setting

III. Definition of Terms

A. Administrative Law
Deals with the structure, powers and functions of the organs of
Administration, the limits of their powers, the methods and procedure
followed by them in exercising their powers and functions, the
methods by which their powers are controlled including the legal
remedies available to a person against them when his rights are
infringed up by their operation.

B. Administrative Agencies
Is the term used generally to describe an agency exercising some
significant combination of executive, legislative, and judicial powers.

C. Administrative Authorities
All those public officers and organs (i.e., administrative agencies) of
the government that are charged with the amplification, application

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and execution of the law, but do not include, by virtue of the doctrine
of separation of powers, Congress and the regular courts.

D. Constitutional Law
The branch of public law which deals with the organization and
operations of the government organs of the State and defines the
relations of the State with the inhabitants of its territory.

E. International Law
The law that deals with the conduct of States and international
organizations, their relations with each other and, in certain
circumstances, their relations with persons, natural or juridical.

F. Law of Public Administration

Emphasizes on the organization, operation and management of the
different branches of the government and on their relations.

G. Laissez-Faire
A policy or attitude of letting things take their own course, without
interfering.

H. Penal Law
Consists of a body of penal sanctions which are applied to all
branches of the law, including administrative law

I. 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.

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MPA 611: ADMINISTRATIVE LAW – CHAPTER 1 (INTRODUCTION)

J. 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.]

IV. Discussions

A. Definition of Administrative Law

Administrative law belongs to the field of public law which includes

constitutional law, criminal law, and international law. It has been
defined in its widest sense as “the entire system of laws under which
the machinery of the State works and by which the State performs all
government acts.” It is also defined as the law which provides the
structure of government and prescribes its procedure.

B. Distinguish Administrative Law from other Disciplines:

1. Administrative Law vs. Law of Public Administration

Public administration has to do with the practical management and
direction of the various organs of the State and the execution of state
policies by the executive and administrative officers entrusted with
such functions.

The true field of administrative law, it is pointed out, refers only to the
external aspect of public administration. Thus, administrative law is

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the narrower branch but it constitutes the bulk of the law of public
administration.

2. Administrative Law vs. Constitutional Law

Constitutional law prescribes the general plan or frame work of the
governmental organization, while administrative law gives and
carries out this plan in its minutest details;

Constitutional law treats of the rights of the individual, while

administrative law treats them from the standpoint of the powers of
the government; the first lays stress upon rights, the second
emphasizes the powers of government and duties of the citizens; and

Constitutional law prescribes limitations on the powers of the

government to protect the rights of individuals against abuse in their
exercise, while administrative law indicated to individuals, remedies
for the violation of their rights.

3. Administrative Law vs. Penal Law

Criminal law or penal laws consists really of a body of penal
sanctions which are applied to all branches of the law, including
administrative law.

A rule of law protected or enforced by a penal sanction may be really

administrative in character, for indeed, one of the most common and
efficient means of enforcing a rule of administrative law is to give it a
penal sanction, and the mere affixing of a penalty to the violation of
a rule of administrative law does not deprive such rule of its
administrative character.

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MPA 611: ADMINISTRATIVE LAW – CHAPTER 1 (INTRODUCTION)

4. Administrative Law vs. International Law

Administrative law lays down the rules which shall guide the officers
of the administration in their actions as agents of the government.

International law, on the other hand, cannot be regarded as a binding

upon the officers of any government considered in their relation to
their own government except insofar as it has been adopted into the
administrative law of the state.

C. Kinds of Administrative Law

1. Statues setting up administrative authorities.

2. Rules, regulations or orders of such administrative authorities
promulgated pursuant to the purposes for which they were created.
3. Determinations, decisions and orders of such administrative authorities
made in the settlement of controversies arising in their particular fields.
4. Body of doctrines and decisions dealing with the creation, operation and
effect of determinations and regulations of such administrative
authorities.

D. Scope of Administrative Law

1. Body of statutes which sets up administrative agencies and endows

them with powers and duties.
2. Body of rules, regulations, and orders issued by administrative agencies.
3. Body of determinations, decisions and orders of such administrative
authorities made in the settlement of controversies arising in their
respective fields.
4. Body of doctrines and decisions dealing with the creation, operation and
effect of determinations and regulations of such administrative agencies.

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E. Development of Administrative Law:

1. How it is developed?
The origin of Administrative Law is in legislation. Its justification is
expediency.

It is the result of the pervasive prolixity of the modern age and the
increasing difficulties confronting the government, which, given the
sophisticated nature of the problems it must address, is no longer
able to employ, with the same effectiveness, the traditional powers
assigned to its several branches under the doctrine of separation of
powers.

As the population grew and the people’s activities multiplied, it

became increasingly difficult for the legislature to deal directly and
expeditiously with every problem, and for the judiciary to directly
decide controversies, which presented mostly only factual issues,
arising from these problems.

It was felt that the legislative and judicial departments no longer had
either the time or the need expertise to attend to these new problems.
The courts were reluctant to interfere with these problems which they
felt were the concern and should be consequently resolved by the
executive department.

The Philippines used to be under the economic principle of laissez

faire which to some extent has given way to the assumption by the

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government of the right of intervention in contractual relations that

are affected with public interest.

2. What are the reasons for its development?

It arises from necessity. The existence and power proceed from:
a. Increased functions of the government
b. Complexity of modern social, economic and industrial
systems
c. Inability of legislature or courts to perform their functions
directly and;
d. The necessity for constant supervision by experts and
specialists and the experience acquired by such specialist in
difficult and complicated fields.
e. Flexibility which is the mark of administrative process in
contrast to legislative and judicial process.

F. Administrative Law in the Philippine Setting

Administrative regulation of private activities was originally taken

through regular departments of the executive branch.

There is an increasing use of the regulatory agencies specially

created to carry out the legislative policy regulating specified
activities. These agencies are given power to promulgate rules and
regulations implementing statutes and to adjudicate controversies
arising therefrom.

V. Sources

A. Philippine Administrative Law by Carlo Cruz (1998)

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MPA 611: ADMINISTRATIVE LAW – CHAPTER 1 (INTRODUCTION)

B. Administrative Law: A Text by Neptali Gonzales (2004)

C. Administrative Law: Text and Cases by De Leon and De Leon Jr. (2013)
D. Outliner Reviewer in Political Law by Antonio Eduardo B. Nachura (2014)
E. University of the Philippines College of Law Bar Reviewer (2016)

VI. Questions:

1. A law which deals with the structure, powers and functions of the organs of
Administration, the limits of their powers, the methods and procedure
followed by them in exercising their powers and functions, the methods by
which their powers are controlled including the legal remedies available to
a person against them when his rights are infringed up by their operation.

Answer:
✓ Administrative Law

2. What is the difference between Administrative Law and Constitutional Law?

Answer:
✓ Constitutional Law prescribes the general plan or frame work
of the governmental organization, while administrative law
gives and carries out this plan in its minutest details.

3. What is the role of Administrative Law in relation to International Law?

Answer:
✓ Administrative law lays down the rules which shall guide the
officers of the administration in their actions as agents of the
government.

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MPA 611: ADMINISTRATIVE LAW – CHAPTER 1 (INTRODUCTION)

4. A law kind which consists of a body of penal sanctions which are applied to
all branches of the law.

Answer:
✓ Criminal or Penal Law

5. What are examples of an administrative authorities created through

constitutional provision?

Answer:
✓ CSC, COMELEC, COA

6. What are the kinds of administrative law? Give at least one.

Answer/s:

✓ statutes setting up administrative authorities

✓ rules, regulations and orders of such administrative
authorities enacted and promulgated in pursuance of the
purpose for the which they were created or endowed
✓ determinations, decisions and orders of such administrative
authorities made in the settlement of controversies arising in
their fields
✓ body of doctrines and decisions dealing with the creation,
operation and effect of determinations and regulations of
such administrative authorities

7. What are the purposes of confiding the powers and duties to existing
boards, commission or officers? Give at least one.

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Answer:
✓ to amplify
✓ to execute
✓ to supervise the operations of, and
✓ determine controversies arising under particular laws in the
enactment of which the legislature decided for matters of
convenience or for quicker or more efficient administration to
withhold the controversies, at least in the first instance, from
the courts of law.

8. What are examples of Scope of Administrative Law? Give at least one.

Answer:
✓ body of statutes which sets up administrative agencies and
endows them with powers and duties.
✓ body of rules, regulations, and orders issued by
administrative agencies.
✓ body of determinations, decisions and orders of such
administrative authorities made in the settlement of
controversies arising in their respective fields.
✓ body of doctrines and decisions with the creation, operation
and effect of determinations and regulations of such
administrative agencies.

9. How many Scopes of Administrative Law?

Answer:
✓ Four (4)

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10. Which Scope of Administrative Law that the decisions and orders of
administrative authorities comes in, in order to resolve emerging issues?

Answer:
✓ Body of determinations, decisions and orders of such
administrative authorities made in the settlement of
controversies arising in their respective fields.

11. How did administrative grow and develop?

Answer:
✓ Its origin is legislation and proceeds from the increased
functions of the government.

12. What is the reason for the development of Administrative Law?

Answer:
✓ It arises out of Necessity.

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