Admin Chapter 3 Lecture notes A.Y. 2020 - 2021 PDF

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Atty. Chris Bendijo A. 2020 - 2021Chapter I: General ConsiderationsAdministrative Law - branch of modern law under which the executive department of the government, acting in a quasi- legislative or quasijudicial capacity, interferes with the conduct of the individual for the purposes of promoting t...

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Administrative Law Atty. Chris Bendijo

DERRAMAS | BEDA LAW A.Y. 2020 - 2021 Chapter I: General Considerations

Administrative Law branch of modern law under which the executive department of the government, acting in a quasilegislative or quasijudicial capacity, interferes with the conduct of the individual for the purposes of promoting the well-being of the community, as under laws regulating the following: a. public interest b. professions c. trades and callings d. rates and prices e. laws for the protection of public health and safety f. promotion of public convenience (Pound) part of public law which: a. fixes the organization of the government; b. determines the competence of the authorities; and c. indicates the individual remedies for violation of rights (Goodnow) branch of the law which deals with the field of legal control exercised by aw-administering agencies other than courts, and the field of control exercised by courts over such agencies (Franfurter) Object and Scope of Administrative Law regulation of private right for public welfare Origin and Development 1. Origin: legislation; Rationale: expediency 2. Doctrine of separation of powers All rules and conduct are supposed to be laid down by the legislature, subject to the direct enforcement of the executive department, and the application or interpretation by the judiciary; Remedy: delegation of powers Sources 1. Constitutional or statutory enactments creating administrative bodies a. Article IX, Constitution b. Social Security Act- established the Social Security Commission c. Administrative Code of 1987 2. Decisions of courts interpreting the characters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations a. Artuc v. Commission on Elections b. Maceda v. ERB 3. Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created a. Omnibus Rules Implementing the Labor Code b. Circulars of the Central Monetary Authority on interest rates c. Regulations of the Commission on Immigration and Deportation d. Rules promulgated by the SEC; Bureau of Patents, Trademarks and Technology Transfer 4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields a. Refers to the adjudications of administrative agencies in the exercise of their quasi-judicial power Administration: Two Senses 1. Institution U.S v. Dorr: it refers to the aggregate of individuals in whose hands the reins of government are for the time being; it refers to the persons who actually run the government during their prescribed terms of office Government Administration agency or instrumentality through which the will of the State is formulated expressed and realized transitional in nature; it is a more or less permanent fixture in every State 2. Function it means the actual running of the government by the executive authorities through the enforcement of laws and the implementation of policies As an Activity 1. Internala. a. covers those rules defining the relations of public functionaries inter se

Administrative Law Atty. Chris Bendijo

DERRAMAS | BEDA LAW A.Y. 2020 - 2021

b. embraces the whole range of the law of public officers c. consists rules laid down in particular agency or office 2. Externala. a. defines the relations of the public office with the public in general b. promulgated for observance by those who have dealings or transactions with said office c. promulgated by the administrative agency in the exercise of its quasi-legislative authority for the regulation of specific matters placed under its jurisdiction Law Administration 1. impersonal command provided with sanctions to be applied in case of violation preventive rather than punitive and is accepted to be more personal than law 2. impersonal; it is concerned only with obedience to its established mandate or directive has a more sympathetic regard for the individual and seeks to spare him from punishments of the law by persuading him to observe its commands may clarify certain ambiguous provisions in statutes through the issuance of interpretative regulations meant to make it easier for the people to understand and so obey the law Chapter II: Administrative Agencies Administrative Agency a body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution. Humphrey v. US: appointed by law and informed by experience they will persist so long as the general public continues to rely on the services they offer and are satisfied with their performance of their primordial task Agency any 1) department, 2) bureau, 3) office, 4) commission, 5) authority or officer of the National Government (d-b-ca) authorized by law or executive order to 1) make rules, 2) issue licenses, 3) grant rights or privileges and 4) adjust cases (miga); research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary power as provided by law Chartered institution refers to any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives Department refers to an executive department created by law Bureau refers to any principal subdivision of any department. Office refers, within the framework of government organization, to any major functional unit of a department or bureau, including regional offices refers to any position held or occupied by individual persons, whose functions are defined by law or regulation Instrumentality Malaga v. Penachos, Jr.,: a government instrumentality refers to any agency of the National Government not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. includes regulatory agencies. Chartered institutions and government-owned or controlled corporations 3 Administrative relationships (Book IV, Chapter 7 of the Administrative Code) 1. Supervision 2. Control 3. Attachment of an agency to a department refers to the lateral relationship between the department or its equivalent and attached agency or corporation for purposes of policy and program coordination. Supervision president’s power over LGUs is now limited to supervision, not control. The president exercises “general supervision” over the LGUs, but only to “ensure that local affairs are administered according to law.” It means “overseeing or the authority of an officer to see that the subordinate officer perform their duties. If the subordinate officers fail or neglect to fulfill their duties, the official may take such action or steps as prescribed by law to make them perform their duties. Purpose: 1. policy

Administrative Law Atty. Chris Bendijo

DERRAMAS | BEDA LAW A.Y. 2020 - 2021

2. program coordination Coordination - may be accomplished by the following: a. having the department represented in the governing board of the attached agency or corporation how? Either as chairman or as a member, with or without voting rights, if this is permitted by the charter b. having the attached corporation or agency comply with a system of periodic reporting- shall reflect the progress of programs and projects c. having the department or its equivalent provide general policies through its representative in the boardshall serve as the framework for the internal policies of the attached corporation or agency Authority- designates both incorporated and non-incorporated agencies and instrumentalities of the government. Government-owned or controlled corporation Leyson v. Office of the Ombudsman: refer to any agency organized as a stock or non-stock corporation vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the government directly or indirectly or though its instrumentalities, either wholly or applicable, as in the case of stock of corporations, to the extent of at least 51% of its capital stock may be further categorized by the 1) department of budget, 2) the civil service commission and 3) the commission on audit for the purpose of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations. Classification of Administrative Bodies 1. those set up to offer some gratuity, grant or special privileges eg. Philippine Veterans Administration 2. to carry on certain business of government eg. Bureau of Customs 3. to perform some business service for public eg. Bureau of Posts 4. to regulate business affected with public interest eg. LTFRB 5. to regulate private business and individuals under the police power eg. SEC 6. to adjust individual controversies because of some strong social policy involved eg. NLRC 7. to make the government a private party eg. GSIS can be altered or abolished only by constitutional amendment if created by law, it may be reorganized pursuant to said law providing for its establishment or another law authorizing said Reorganization if it does not involve abolition or transfer of offices and is carried out in good faith by the person, usually the President, authorized to effect the same, the validity of the same would have to be upheld (Bagaoisan v. National Tobacco Administration) Exercise of powers: 1. Discretionary Note: the findings of the body are generally deferred by the other departments EXCEPT where they arrived at with such obvious arbitrariness as to constitute a violation of due process 2. Ministerial- no judgment or discretion is required or is allowed in their exercise a. duty of the RD to annotate a lie on a Torrens certificate b. of the Commission on Elections to give due course to a certificate of candidacy duly accomplished and seasonably filed (Abcede v. Imperial) c. of the COA to allow claims for salaries under certain conditions (Riel v. Wright) RCPI v. NTC: the jurisdiction and powers of administrative agencies are limited to those expressly granted or necessary implied from those granted in the legislation creating such bodies. Qualified political agency- the power of the President to reorganize the National Government may validly be delegated to his cabinet members exercising control over a particular executive department (DENR v. DENR Region 12 Employees) Advantages 1) expertise derived from specialized training and experience 2) adaptability to change and ease in reacting to a new and even emergency situations 3) more resilient 4) they can initiate action and not simply wait for their jurisdiction to be invoked 5) they may proceed to the solution of the problems confided to their attention with more expeditiousness

Administrative Law Atty. Chris Bendijo

DERRAMAS | BEDA LAW A.Y. 2020 - 2021

6) they are created by the legislature to address new social problems and vest in said agencies broad guidelines for the resolution of said problems Relation to Regular Departments 1. Legislature acts as an agent of the law-making body and so is bound to obey and implement the legislative will may be abolished and its incidents may be altered by the legislature 2. Executive comes under the constitutional control of the President cannot be withdrawn or limited even by the legislature the President may issue his own orders to the administrative agency and review and, if necessary reverse its decision 3. Judicial department/courts they cannot be deprived of their inherent power to decide all questions of law, particularly if they have been initially resolved by the administrative bodies only (Medalla v. Sayo) can review, or even reverse, the administrative acts even the Chief of Executive Montes v. Civil Service Board of Appeals: the legality of the acts of the President is under the judicial review because the law is above the President himself, and the courts seek only to interpret, apply or implement it. may also review the factual findings of administrative offices by authority of law or under due process of clause if such determinations have been made arbitrarily Note: they may review administrative adjudications only as a last resort and, usually, only when questions of law are involved Chapter III: Powers of Administrative Agencies 1. QUASI-LEGISLATIVE (Rule-making power) – power of subordinate legislation Promulgate rules intended to carry out the provisions of particular laws and implement legislative policy Prescribing rule for the future the power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of non-delegability and separability of powers National Telecommunications Commission - regulatory agency of NG with jurisdiction over all telecom entities - clothed with authority to grant provisional permit or issue Certificated of Public Convenience Department of Agrarian Reform - executive: enforcement and administration of law - judicial: determination of rights and obligations of parties A. Definition - power to make rules because it is impracticable for lawmakers to provide general regulations for various details of management - Statutes express the policies and objectives intended by the legislature in general terms; details and manner of carrying them out are left to admin agency entrusted with their enforcement Administrative Rule any agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements of, an agency, including its regulations includes memoranda or statements concerning the internal administration or management of an agency not affecting the rights or procedure available to, the public. Rule-making an agency process for the formulation, amendment, or repeal of a rule Administrative regulations intended only to implement the law and to carry out legislative policy Rules and regulations products of a delegated legislative power little laws may be reviewed and nullified by the courts, IF found to have been issued not in compliance with the requisites for their validity REQUISITES: a. germane to the purpose of law b. conform to the standards prescribed by law c. related to carrying into effect the general provisions of the law B. Distinguished from Legislative Power

Administrative Law Atty. Chris Bendijo

DERRAMAS | BEDA LAW A.Y. 2020 - 2021

Administrative regulations – intended only to implement the law and carry out the legislative policy - discretion to determine how the law shall be enforced Legislative – discretion to determine what the law shall be; can’t be delegated Tio v. Videogram Regulatory Board P.D. vesting authority to the Board to solicit assistance of other agencies to enforce its power in regulating the video industry Not a delegation of power to legislate Merely a conferment of authority or discretion as to its execution, enforcement and implementation Grant of franchise by and Admin agency Granted agencies the power to grant licenses or to authorize the operation of utilities Because: growing complexity of modern life, difficulty in administering the laws, growing tendency towards the delegation of greater powers by the legislature Franchise o May be derived indirectly from the State, through a duly designated agency o Grant of privilege from the sovereign power Privileges conferred by grant by local authorities as agents for the state constitute as much a legislative franchise (as though the grant had been made by and act of the legislature) Certificate of Public Convenience o Form of regulation through admin agency C. Source Power to promulgate administrative regulation – derived from the legislature, by virtue of a valid delegation; expressed or implied To be valid, delegation must not create a “roving commission” D. Test of Delegation 1. Completeness Test The law must: a. be complete in all its terms and conditions (so when it reaches the delegate, it will have nothing to do but to enforce) b. offer a sufficient standard to o specify the limits of the delegate’s authority, o announce the legislative policy, and o specify the conditions under which it is to be implemented Sufficient standards are: public interest; simplicity, economy and efficiency; public welfare U.S. v. Ang Tang Ho Governor-General authorized by statute to issue temporary rules and emergency measures for carrying out the purposes of the law “whenever for any cause resulting in extraordinary rise in the price of palay, rice or corn” Issued ceiling price and appellant prosecuted for selling prices higher Challenged law on the ground: invalid delegation of legislative power for failure to conform to completeness test HELD: o Leg does not define: under what conditions, what is an extraordinary increase, what such measure shall remain in force and effect o Law is thus incomplete as legislation Ynot v. IAC E.O authorized that seized property shall be distributed to charitable institutions as the Chairman may see fit; and to deserving farmers as the Director of Animals may see fit Generous and dangerous condition – opportunity for partiality, abuse, corruption No guidelines or limitations that officers must observe when distributing HELD: Invalid delegation P.D. 910 Authorized President to use the funds “for such other purposes as may be directed by Pres” - INVALID Does not lay down sufficient standard to determine the limits of President’s authority with respect to the purpose for which Malampaya Funds may be used P.D. 1869 Authorized him to use Presidential Social Fund to finance priority infrastructure and restoration of damaged facilities

Administrative Law Atty. Chris Bendijo -

DERRAMAS | BEDA LAW A.Y. 2020 - 2021

Law does not supply definition of priority infrastructure development projects and leaves Pres without any guidelines to construe the same

2. Sufficient standard Test standard must be fixed, the limits of which are sufficiently determinate or determinable---to which the delegate must conform in the performance of his functions Sufficient standard: a. one which defines legislative policy; b. mark its limits c. maps out its boundaries d. specifies the public agency to apply it e. indicates the circumstances under which the legislative command is to be effected

Administrative Law Atty. Chris Bendijo

DERRAMAS | BEDA LAW A.Y. 2020 - 2021

2. QUASI-JUDICIAL POWER (Administrative Adjudicatory power) power to hear and determine question of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law incidental to their main function of enforcing the law when it performs in a judicial manner an act which is essentially of an executive or administrative nature, where the power to act in such manner is incidental to or reasonably necessary for the performance of the executive or administrative duty entrusted to it Judicial Power question of law then question of fact executive acts last, after the judgment is made and all the legal questions are settled Quasi-Judicial Power question of fact then question of law executive acts first, with the courts acting later, whenever review is needed action or discretion to investigate facts, hold hearings and draw conclusions from them NLRC - primordial objective to afford protection to labor - rule upon legal issues raised during the proceedings taken before it - reviewable by CA Not a quasi-judicial power of SEC revocation of securities and permit to sell to public regulatory function COMELEC - Resolution which constitutes a determination on its part of the merits of pre-procla case City mayor - issuing demolition notice/order A. Source: 1. incidental to the power of regulation vested in the administrative body, 2. expressly conferred by the legislature through specific provisions in the charter of agency Rationale: to enable the administr...