ADMINISTRATIV

E LAW
AL 313
 Nature and
Definition of
Administrative Law
That branch of modern law under w/c the executive department of
government acting in a quasi-legislative or quasi- judicial capacity,
interferes with the conduct of the individual for the purpose of
promoting the well- being of the community, as under laws
regulating public corporations, business affected with a public
interest, professions, trades and callings, rates and prices, law for
the protection of the public health and safety and the promotion of
the public convenience and advantage.
That system of legal principles to settle the conflicting claims of
executive and administrative authority on the one hand and of
individual or private rights on the other.

It includes:
1. Private Rights
2. Delegated Powers and Combined Powers
Scope and Extent of
Administrative Law
It encompasses not only the law that governs administrative authorities but also the law made by
administrative authorities whether of general or particular applicability.

1. The Law which fixes the administrative organization & structure of the government;
2. officers including their competence (to act), rights, duties, liabilities, election etc;
3. administrative agencies, defines their powers and functions, prescribes their procedures,
including the adjudication or settlement by them of contested matters involving private interests;
4. officers including their competence (to act), rights, duties, liabilities, election etc;
5. The Law, the execution or enforcement of which is entrusted to the administrative
authorities;
6. The law which governs judicial review of, or relief against, administrative actions or
decisions;
7. The rules, regulations, orders and decisions (including presidential
 Distinguished
Administrative Law
from International
Law
Administrative law lays down the rules which
shall guide the officers of the Administration in
their actions as agents of the Government while
an International law cannot be regarded as
binding upon the officers of any government
considered in their relation to their own
government except in so far as it has been
adopted into the administrative law of the state.
Administrative Law
vs. Constitutional
Law
Administrative laws treats them from the standpoint of
the powers of the government while Constitutional law
treats of the rights of the individuals and stress upon
the rights.
Administrative Law
vs. Penal Law
Administrative law may have a penal provision
therein as means to enforce a rule which is
still administrative in character while Penal
laws consist really a body of penal sanctions
which are applied to all branches of the law,
including administrative laws.
 Public
Administration vs.
Administrative Law
vs. Penal laws
Administrative law, in its true field refers only to the
external aspect of public administration. thus a
narrower branch but it constitutes the bulk of law of
Public Administration while Public Administration has
something to do with the practical management and
direction of the various organs of the state;
Law on Internal
Administration
It treats of legal relations between the government
and its administrative officers, and of the legal
relations that one administrative officer or organ
bears to another.
Legal Aspect of
Public
Administration
• It considers the LEGAL ASPECTS of Public Administration on its institutional side.
This includes the legal structure or organization of Public Administration; the legal
aspects of its institutional activities

• It comprehends such topics as the nature of public office, de jure and de facto officers
and incompatible and forbidden offices. Legal qualifications for office; legal
disqualifications of officers; the appointment, tenure, removal, compensation, and
pensioning of officers; the legal aspects of a hierarchical form of departmental
organization; the legal relation of the superior to a Subordinate Legal relation between
the Power of Removal and the Power of Direction or Administrative Management.
Law on External
Administration
It is concerned with the legal relations between administrative authorities and private
interests.

PARTS –
First – A survey of those powers and duties of administrative authorities that relate directly
to private interests;
Second – An analysis of the scope and limits of such powers;
Third – Some account of the sanctions attached to, or the means of enforcing, official
determinations; and
Fourth - An Examination of the remedies against official action.
 Classification of
Administrative Law
1. As to Source;
2. As to Purpose;
3. As to Applicability;
As to Source:

One classification frequently presented draws a line

between the law that governs or controls them, and that
which is made by administrative agencies
Administrative Authorities
e.g. - Constitution,
1. Statutes,
2. Judicial Decisions,
3. Executive Ordersof the President,
4. Administrative Orders of Administrative
Superiors
Administrative laws made by Administrative
Authorities  

1. Presidential Proclamations
2. Rules of Practice and Decisions of -
Administrative Tribunals
3. Cease-and-Desist Orders of Securities and
Exchange Commission
As to the purpose: 
Procedural administrative laws
1. Substantive Administrative Law – It is derived from same sources as
above but contents are different in that the law establishes primary
rights and duties, such as the conditions under which a broadcaster
may operate or the labor practices in which employers and unions
must not indulge. 
2. General Administrative Law – It is part of Admin Law which is of
general nature and common to all, or most, admin agencies.
It includes: 
Provisions w/c interpret the mandate of the Constitution that there must be
“due process of law” > which establishes the exhaustion of administrative
remedies.
 
Special or particular
 
Administrative Law – It is that part of Admin Law that pertains to
particular agencies. It proceeds from the particular statute creating the
individual agency and thus, has little or no