Admin Law

 System & Structure of the government

 Executive Department (and Constitutional Commissions) acting as quasi-legislative & quasi-
judiciary.
 When Congress delegates the power to enact rules to the executive. (Quasi-legislative in nature)
 Due delegation of legislative power
 Executive – performing quasi-judicial functions - “Adjudicate”
 Devolution to Local Government Unit
 Purely Administrative
 Revised Rules on Administrative Proceedings, Civil Service Law, Labor Code (GOCC without
Charter),
 Justification: expediency
 Origin of Admin Law is Law
 Sources of Admin Law:
o Constitutional – to Promulgate (Quasi Legislative; to adjudicate (Quasi Judiciary)
 Ombudsman as Judge & Prosecutor (2-fold) Preliminary Investigation is an
Executive Function;
o Statutory Enactment – Administrative Code (Agency is created by law)
o Decisions of the Court (Case Law) – Interpretation of the law by the Court
o Rules and Regulations Issued by Executive Bodies – (IRR) Rules delegated by Congress
o Decisions of Administrative Agencies – Authority and not persuasive effect;
 Concepts of Administration
o As an institution: Aggregate of individuals in whose hands the reign of the government
in the time being; Pertains to the person who runs the government and the personnel
who are charged with the implementation and execution of laws. Transitional, Temporal
in nature. Government is more of a permanent fixture; Without a government, there is
no administration;
o As a function: Administration is a function that any process or system which the
government imposes for the actual running of the government, and implementation of
the law are governed.
 Internal
 External – relations with the public officer to the public
 Scope of Admin Law
o Any law that fixes the administrative organization and structure of the government
o Enforcement of which is entrusted to the government agency
 A body endowed with quasi judicial or quasi legislative