Three Branches of the Government

Legislative

Judiciary

Executive

Machineries – different agencies of the executive branch

President – heads the government of the Republic of the Philippines

Different Administrative Agencies

• National government – president office; central government (general or national government)

• Local government – different political subdivisions (example: LGUs of office of the governor down
to the barangay level); covered by the Local Government Code
• Agency of the government – (government-controlled corporations are GSIS, SSS)
• National Agency – unit of the national government (departments)
• Department – created by law
• Bureau – (is under the department)
• Office – within the framework of the governmental organization that has major functions
(example: Office of the VP)
• Instrumentalities – agency of national government; created for a special function and also has
special funds (ex. UP)
• Regulatory Agency – (example: LTFRB under DOT)
• Chartered Institution – (example: CBSUA)
• Government owned or controlled institutions - registered with the SEC as a stock or non-stock
corporation

Accountability of officers – Law on Public officers

President who is vested on government agencies

Two kinds of administrative law

1. Rules and Regulations – formulated by different agencies

2. Administrative Decisions – by quasi-judicial bodies

Sources of Administrative Law

1. Constitution – fundamental and supreme law of the land

2. Court Decisions by administrative agencies
 3. Determinations and orders of the administrative bodies in the settlement of the controversies
arising in their respective fields.
4. Rules and Regulations issued by administrative bodies in pursuance of the purpose for which they
were created.
5. Statutes which are acts of congress which created the particular administrative agencies; it also
includes legislations and presidential issuance

Scope of Administrative Law

1. Structure – fixes the administrative organization and structure of the government

2. Enforcement – execution of law passed by the congress which are part of the administrative law
because these different administrative bodies are entrusted with administrative authorities in
enforcing or in the execution of the laws which are related to their different powers or structure
of that agency.
3. Accountability of Officers – Law on Public Officers
4. Administrative Powers – power to prescribe their own procedures in the settlement or deciding
contests which involves private interest before their office
5. Remedies (Administrative or Judicial) – provides remedies of any person who claims to be
aggrieved by administrative actions or decisions
6. Relief – administrative law governs judicial review of or relief against administrative actions or
decisions
7. Rules and Regulations, Orders, and Decisions including Presidential Proclamations – made by
administrative authorities; deals with the interpretation and enforcement of the laws entrusted
to their administration
8. Jurisprudence and Legal Principles – body of judicial decisions and doctrines dealing of the
different scope of administrative law. It does not only embrace the law that governs
administrative authorities it also consists of judicial decisions that interprets and applies the terms
of appropriate principles of justice and equity
- Administrative body may formulate rules and regulations. However, these rules and
regulations can be brought to courts for judicial interpretations, especially when it affects the
rights of a private citizen or a person

Administrative Rules – practically makes a new law which has the force effect of a valid law but they
should be in accordance with the basic law or with the statute which created them

→ Example: the Department of Labor and Employment can promulgate rules and regulations but
they should be in accordance with the law that created DOLE

Administrative Interpretation – when there is an opinion or gives a statement of policy and merely calls
for an interpretation of the law
Local Government and different administrative agencies are part of the executive department but they
are governed by different laws

Local Government Unit – governed by Local Government Code

Administrative Agencies – governed by Administrative Code

• Preclaro vs. Sandiganbayan

247 SCRA 454

Facts: Accused preclaro is a project manager or consultant of the Chemical Mineral

Division of the Department of Science and Technology which is a component of the Industrial
Development Institute or is an agency of DOST, he received salary from the government. So, his
function is to supervise the construction of the Building of the Industrial Technology Development
Institute and the Department of Science and Technology Building. Jaime Santamaria Construction
who undertook the construction of the building. The structure is jointly funded by the Philippine
and Japanese government, while the said construction has not been completed, the accused
demanded the sum of Php 200,000, claimed as part of the expected profit of the contractor. So,
he was charged of the violation of Anti-Graft and Corrupt Practices Act for committing the offense
of demanding a sum of money which is part of the profit of the contractor. The charge was in
relation of the performance of his official duties. Then petitioner alleged that he is not a public
officer because he was not elected nor he was appointed to a public office but merely a public
individual that was hired by ITDI, which is an agency of the DOST on contractual basis for a
particular project and for a specified period. The accused said that his case should not fall within
the Sandiganbayan because he is not a public officer. He further alleged that in the Sec. 2 Republic
Act No. 3019 or the Anti-Graft and Corrupt Practices Act that Public Officer is defined as to include
elected and appointed officials employees, permanent or temporary, whether in the classified or
unclassified or exemption service receiving compensation even nominal from the government.

Issue: Whether or not he is a public officer.

Ruling: Yes, the word includes use in defining a public officer indicates that the definition
is not restrictive. Classified or redemption service where the old categories include the Civil
Service which has been reclassified into career service and non-career service by P.D. No. 807
providing for the organization of the Civil Service Commission by the Administrative Code of 1987.
A private individual hired in a contractual basis as a project manager for a government
undertaking the falls under the Non-Career Service category of the Civil Service and thus is a public
officer as defined by the Sec. 2 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices
Act. The Non-Career Service employees also defined in Book V of the Administrative Code of 1987.

This case shows that sources of Administrative Law; it was not limited to it as it also
mentioned the Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act which
covers the officers covered by the Administrative Code
This is an example of a jurisprudence which is already a part of Administrative Law