Administrative Law (FINALS) 8.

Undue delegation
a. Congress may not delegate its legislative power to
A. General Introduction
the two other branches
• Concept
9. Attached agencies
• Scope
b. Agency attached to a department
• General Principles
c. Supervision and control
• Sources and Examples
d. Administrative supervision
• Delegation
e. Lateral relationship
10. Presidential power in administration
B. Nature and Organization of Administrative Agencies f. President can interfere
• Creation
g. Power to assign
• Abolition
h. Supervision:
• Powers of Administrative Bodies
i.the power of the superior to see to it that the lowe officers
perform their duties
C.Quasi-Legislative Powers i. Control:
• Kinds of Administrative Regulations i.the power of an officer to alter/ modify what a subordinate
• Penal Regulations officer had done in the performance
• Enforcement 11. Legislative regulation
j. Subordinate in nature
D. Quasi-Judicial Power; Administrative Procedure k. Implement primary legislation
• Jurisdiction l. Accorded by courts/ justices
• Rules of Procedure m. Supplementary: fill in the details of the law and
• Notice and Hearing make explicit what is general
• Appeals and Review n. Contingent: the administrative body has the
• Enforcement of Decision discretion to determine some circumstances
i.May suspend/ enforce the operation of law
E. Judicial Review of or Relief Against Administrative ii.Certain contingency (incident)
Actions- iii.Potential event (Bayanihan Act)
• Methods of Review 12. Judicial review
• Doctrine of Exhaustion of Administrative Remedies o. Courts are vested with the authority to determine
• Primary Jurisdiction; the legitimacy of the acts of other branches of the
• Prior Resort government
• Appeal to the President
• Questions Reviewable

** IMPORTANT TERMS
1. Separation of powers
a. The government is divided into 3 different
branches
2. Co-equality
a. The three branches have individual and
shared powers.
b. No branch has more authority
3. Non-encroachment
a. Cannot interfere with/ overlap functions
4. Checks and balances
a. Makes sure other branches are not going
beyond their official functions
5. Lateral relationship
a. Parent-child
b. Relationship between department and
agency wherein they work together
c. Purpose: policy and coordination
6. Non-delegation doctrine
a. Postetas delegate non delegara potest
b. What has been delegated cannot be
delegated
c. Delegated power constitutes a duty and
this duty must be performed through the
use of own judgment
7. Valid delegation (TEST)
a. Completeness test
b. Sufficient standard test