Admin Law Notes 03012022

Quiz via gclass, posted there, after 10 min, resume class

Who is Eugenio in the case Eugenio vs Csc?

What CSC resolution affected the petitioner?
Was the CSC resolution upheld by the supreme court? State the ruling.

1. Aida Eugenio is the petitioner, Deputy Director of the Philippine Nuclear Research
Institute
2. CSC Resolution No. 93-4359 which abolished the Career Executive Service Board
3. The Supreme Court ruled against the resolution stating that CSC had no authority to
abolish the CESB as it can only be abolished by a law stating such.

[DISCUSSION OF THE CASES]

Reminder: Be brief in your digests and be direct to the point

Remember marcos vs manglapus bc will also be discussed in consti law
Remember to search the names man even if not stated in the case

Format as in the quiz:

Affected Parties
The subject of the case
Issue
Ruling

Carpio vs executive secretary

RA 6975 - Carpio questioned constitutionality as it weakens National Police Commission as it
limits it to Administrative Control. The power is now to the DILG. SC held that the President has
control on all executive departments, and offices. Doctrine of Qualified Political Agency.
President has control but can't act at the same time so there is delegation and under the doctrine,
proper delegation for the power of control is exercised by the president directly over the
members of the cabinet and has to be supervised. DILG is under the control of the President.

Summary of previous lessons

Principal Subdivisions of Administrative Law

There are two:

1. Law on internal administration

a. Legal relation between government and administrative officer and employees
 2. Law on external administration
a. Relation of administrative authorities and private interests
b. Powers and duties of administrative authorities relating directly to private
interests (those affected outside the org)
c. Scope and limitations of powers of administrative agencies, and sanctions and
means of enforcing, and remedies by private persons against administrative
actions

Classification of Admin law

1. As to sources
a. Will study law that controls administrative authorities
2. As to purpose
a. Will study procedural administrative law and substantive admin law
3. As to applicability
a. General and special administrative law

Scope -> Those that affect (See below as copied from previous notes)
SCOPE OF ADMINISTRATIVE LAW
(1) the law which fixes the administrative organization and structure of the government;
(statute chuchubels) (to see that subordinate officers perform their duties)

(2) the law, the execution or enforcement of which is entrusted to administrative

authorities; (the execution of the law passed by the congress is part of admin law as
these bodies are entrusted with enforcement and execution of laws related to their
powers or structures)

(3) the law which governs public officers including their competence (to act), rights,
duties, liabilities, election, etc.; (accountability of public officers) (Law on public
officers- deals with ??? we will be able to know their rights, duties, liabilities so that they
can account)

(4) the law which creates administrative agencies, defines their powers and functions,
prescribes their procedures, including the adjudication or settlement by them of
contested matters involving private interests; (administrative powers, each agency
has different powers and functions and connected to those, they have power to
prescribe their own procedures in the settlement and deciding contested matters
involving private interest before their office)

(5) the law which provides the remedies, administrative or judicial, available to those
aggrieved by administrative actions or decisions; (provides remedies administrative or
judicial for any person who claims to be aggrieved by administrative actions or
decisions)

(6) the law which governs judicial review of, or relief against, administrative actions
or decisions; (governs judicial review or relief against administrative actions or
decisions)

(7) the rules, regulations, orders and decisions (including presidential proclamations)
made by administrative authorities dealing with the interpretation and enforcement of
the laws entrusted to their administration; and (bulk of the subject and includes
presidential proclamations, rules made by administrative authorities; rules and reg that
deals with the interpretation and execution of law entrusted to their administration) (Like
DOLE orders and rules that are necessary for the enforcement of labor laws)

● Is administrative rule diff w/ administrative interpretation?

It is different. When agencies promulgate rules and regulation, it makes

new law with force and effect of valid law but these ones are in accordance with
basic law or statute that created them. DOLE can promulgate rules but in
accordance with law that created DOLE. Same with SSS within them. When an
administrative body gives an opinion(s) or statement of policy, it is what we call
administrative interpretation.

(8) the body of judicial decisions and doctrines dealing with any of the above.
(jurisprudence and legal decisions. Doctrines on different scopes of admin law. Does
not just embrace law governing but also consists of legal decisions that interprets and
applies the terms under the appropriate principles of justice and equity. Admin body can
promulgate but can be brought to courts for judicial interpretation esp when affects
rights of private citizen or person. If they feel they are being aggrieved by the admin
body, they can go to the courts and question those orders and decisions. Jurisprudence
and legal principles which affect the administrative law)

Relation between agency and regular courts: Collaboration

1. Courts may entertain actions but pass them to administrative bodies of expertise
when applicable (Collaboration between) (Remember Remedial Law: Doctrine on
exhaustion of administrative relief)
a. Forcible Entry case for example, raised defense of tenancy, courts will
collaborate to agency DAR because of the tenancy issue
 i. SC admin order that on that issue, the case will be referred to DAR
and courts will have to ask DAR for recommendation and
determination regarding that issue. DAR has the competence
needed for the Court to adjudicate fairly.
ii. If DAR says not a tenant, court proceedings follow. If indeed tenant,
Case is passed to DAR
b. Role of the courts then on admin issues: to accommodate private rights
and interests in powers of administrative agency and reconcile their power
in relation to the court authority

Administration is a separate power. As to function, administration is the execution of

non-judicial matters. Laws agencies are tasked to implement. Organization is a group of
persons wherein they are tasked to run the government so it extends from president as
chief executive down to the last agency and subordinate.

Three Basic Powers/Functions of Administrative Agencies

1. Quasi-Legislative Power (Rule Making Power) - Actual legislative is the

congress; admin bodies can only exercise in so far as formulation of rules and
regulations on implementing and performing their executive power
2. Adjudicatory or Quasi-Judicial (Determinative) - Only administrative decisions
differentiated to judicial power of regular courts
3. Determinative Power - authority to obtain information necessary to discharge its
proper functions

First Discussion is Quasi-Legislative. For the next meeting, asynchronous questions will
be posted in relation to the said power of administrative agencies. Study it then quiz ulit.

Style in Digests: Read and highlight. Go back to the highlighted parts for the parties,
main bulk of the facts summarized into a line or two, then the issue and ruling. In ruling,
may also follow Civil Law 2 na CRA method. Supreme Court held that ___ (Conclusion).
The Doctrine states ____ or Article __ says ____ (Ruling). In the case, there is ____
(Application)

(Parts were taken from De Leon Administrative Law: Texts and Cases)