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Atty. ErenetaChapter 1 INTRODUCTIONConcept of administrative law x Administrative law belongs to the field of public law (as opposed to private law) x Law which provides the structure of government and prescribes its procedure x The law of governmental administration x Part of public law which fixes...

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Chapter 1 INTRODUCTION x Concept of administrative law x Administrative law belongs to the field of public law (as opposed to private law) x Law which provides the structure of government and prescribes its procedure x The law of governmental administration x Part of public law which fixes the organization and determines the competence of the administrative authorities, and indicates to the individual, remedies for the violation of his rights. x √

Subject matter of administrative law is the nature and the mode of exercise of administrative power and the system of relief against administrative action

x a x

It is concerned with and results from a fusion of different types of governmental powers in certain public officers which are part of the executive branch of the government

Distinguished from international law Administrative law International law Public law That branch of law which regulates the relations of the State with its subjects

Private law Rules which regulate the relations of individuals with one another, without regard to their relation to their government

Scope of administrative law 1. The law which fixes the administrative organization and structure of the government 2. The law, the execution or enforcement of which is entrusted to administrative authorities 3. The law which governs public officer s including their competence to act, rights, duties, liabilities, election, etc. 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 rights 5. The law which provides the remedies available to those aggrieved by administrative actions or decisions 6. The law which governs judicial review of, 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 8. The body of judicial decisions and doctrines dealing with any of the above

Ex: It has been adopted into the administrative law of the state Distinguished from constitutional law Administrative law Constitutional law Gives and carries out the Prescribes the general general plan in its plan or framework of minutest details governmental organization Treats the rights of the Treats of the rights of individual from the the individual standpoint of the powers of the government Emphasizes the powers Lays stress upon rights of government and duties of the citizens Indicates to individuals Prescribes the limitations remedies for the on the powers of the violation of their rights government to protect the rights of individuals

Distinguished from criminal law Administrative law Criminal law A rule of law protected Consists of body of penal or enforced by a penal sanctions which are sanction may be really applied to all branches of administrative in law, including character. The mere administrative law affixing of a penalty to the violation of a rule of administrative law does not deprive such rule of its administrative character

Concerns of administrative law Lesley Claudio (A 2012)

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Administrative Law Atty. Ereneta Distinguished from law of public administration Administrative law Law of public administration The subject matter of Has to do with practical administrative law is management and public administration. direction of the various The true field of organs of the State and administrative law refers the execution of State only to the EXTERNAL policies by the executive aspect of public and administrative administration. officers entrusted with such functions The two are apparently synonymous with each other, however administrative law is the narrower branch but it constitutes the bulk of the law of public administration

Principal subdivisions of administrative law The law of INTERNAL The law of EXTERNAL administration administration x It treats of the legal x It is concerned with relations between the legal relations the government and between its administrative administrative officers, and of the authorities and legal relations that private interests one administrative officer or organ Divided into 4 parts: 1. A survey of those bears to another. powers and duties x It considers the of administrative legal aspects of authorities that public administration relate directly to on its institutional private interests side, i.e., as a going 2. An analysis of the concern scope and limits of x This includes the such powers legal structure or organization of 3. Some account of the sanctions attached public to, or the meaning administration, the of enforcing, official legal aspects of its determinations institutional activities, and the 4. An examination of the remedies legal questions against official involved in overall action management of these activities Note: √ Administrative law is principally concerned with the problems of administrative REGULATION, rather than with those of administrative MANAGEMENT. Classification of administrative law 1. The law that controls administrative authorities As to its source

Lesley Claudio (A 2012)

2. The law made by administrative authorities x It includes both general regulations and

As to its purpose

As to its applicability

particular determinations 1. Adjective or procedural administrative law x It establishes the procedure which an agency must or may follow in the pursuit of its legal purpose 2. Substantive administrative law x The law establishes primary rights and duties 1. General administrative law x Common to all or most administrative agencies x It is chiefly but not exclusively procedural law (remedies) x “Due process of law” x Doctrine of exhaustion of administrative remedies 2.

Special or particular administrative law x Pertains to particular agencies x Proceeds from the particular statute creating the individual agency and thus has little or not application except in connection with such agency x Procedural provisions that are to be applied only by a given agency in cases falling under its jurisdiction

Note: It must be stressed that “made” law is law only because some statute or constitutional provisions so prescribe. No agency can “make” law without thereby “applying” the enabling act which authorizes agency action. In the hierarchy of norms, the regulation stands one step below the enabling statute, which, in turn, ranks below the

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Administrative Law Atty. Ereneta Constitution. Administrative decisions are at “making” and law “applying.”

once law 3.

Trend toward preventive legislation x Existence of criminal law and law of torts and of contracts may have a deterrent effect, but when it does not, all the law can do is to impose punishment and indemnify x The desire for more effective and more flexible preventive remedies has been a factor in the creation of many administrative agencies. x Example: Prevention is also a major purpose of licensing statutes. Licensing is both one of the most burdensome and one of the most effective forms of regulation

4.

Limitations upon effective legislative action x There are limitations inherent in the legislative process which make it a practical impossibility for Congress to do all the things it theoretically could do x These limitations include lack of time and specialized knowledge, lack of staff for securing expert information, etc. x If Congress failed to delegate wide powers to administrative agencies, it might lose itself in details to the detriment of its indispensable functions of determining basic policy and holding administrative agencies accountable for net results.

5.

Limitations upon exclusively judicial enforcement x Many courts would vary in their application of the law x No uniformity in the policy of initiation if initiative would fall to prosecutors or law enforcement agencies x A single administrative agency can assume the responsibility for enforcement and can develop, subject to judicial review, uniform policies in the carrying out of that responsibility

6.

Advantages of continuity of attention and clearly allocated responsibility x Administrative agencies have the time and facilities to become and to remain continuously informed, and they can be given unified responsibility for effectuating the broad policies laid down by Congress.

7.

Need for organization to dispose of volume of business and to provide the necessary records x There is a need for specialized staff and machinery to keep and make available records upon which judgment on thousands of claims and applications must be based. x Time may be of the essence as where, in the registration of securities, procedures and staffs must be available to investigate speedily

Origin and development of administrative law 1. Recognition as a distinct category of law x Comparatively recent origin x Not one of the traditionally recognized parts of the law 2.

Multiplication of government functions x As modern life became more complex, the subjects of government regulations correspondingly increased, which, in turn caused a multiplication of governmental functions, necessitating an enormous expansion of public administration

3.

Growth and utilization of administrative agencies x Administrative law has developed in response to the need for broad social or governmental control over complex conditions and activities which in their detail cannot be dealt with directly in an effective manner by the legislature or the judiciary

4.

Fusion of different powers of government in administrative agencies x Administrative law resulted from increased functions of government x With their extensive investigation, rulemaking, and adjudicating powers, these administrative agencies represent a provocative fusion of different powers of government

5.

A law in the making x Administrative law is still in its formative stages

Advantages of the administrative process x Administrative process: includes the whole of the series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in particular situations 1.

2.

Advantages of administrative adjudication as compared with executive action x Administrative adjudication: where practicable, insures greater uniformity and impersonality of action x In this area of government, the administrative process – far from being an encroachment upon the rule of law, is an extension of it. x Discretion is sometimes preferable to rule. . Limitation upon the power of courts x Functions which involve discretion with respect to future conduct -> will not be undertaken by the courts x Judicial process is NOT an alternative to administrative process

Lesley Claudio (A 2012)

Criticisms against administrative action 1. Tendency towards arbitrariness

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Administrative Law Atty. Ereneta 2. 3. 4. 5. 6.

Lack of legal knowledge and aptitude in sound judicial technique Susceptibility of political bias or pressure, often brought by uncertainty of tenure A disregard for the safeguards that insure a full and fair hearing Absence of standard rules of procedure suitable to the activities of each agency A dangerous combination of legislative, executive, and judicial functions

Relations between administrative agencies and courts 1. Collaborative instrumentalities x Collaboration of judicial power and function with the administrative process is a necessary part of today’s legal system, and the appropriate independence of each should be respected by the other. x In effecting the collaboration of courts and agencies, courts may entertain action brought before them, but call to their aid the appropriate administrative agency on questions within its administrative competence 2.

Role of courts a. To accommodate the administrative process to the traditional judicial system b. To accommodate private rights and the public interest in the powers reposed in administrative agencies c. To reconcile in the field of administrative action, democratic safeguards and standards of fair play with effective conduct of government

3.

Discharge of judicial role a. To maintain the Constitution by seeing that powers are not unlawfully vested in administrative agencies b. To give due deference to the role of the administrative agencies and not interfere with the proper exercise of their valid powers c. To lend the powers of the court to the proper attainment of the valid objectives of the administrative agency d. To leave the legislature or the people the remedy for administrative action, which may be unwise or undesirable but is within the lawful powers of the agency.

Note: √ The courts are NOT advisers of administrative agencies. Administration of government distinguished from administration of justice Administrative officers Judicial officers Those charged with Those charged with administration of administration of justice government The work done by the The work done by administrative officers is judicial officers consists not necessarily or even in the decision of often the result of any controversies between controversy and is not individuals and Lesley Claudio (A 2012)

merely dependent on the solution of the question “what is the law” but made also as a result of consideration of expediency What is the law in order to determine whether administrative officers are competent to act, but furthermore, they must decide whether in case they are competent to act, it is wise for them to act

government officers as to the applicability in the cases in question of a particular rule of law

What law is applicable to the facts brought before them

Administration as a separate power x In the traditional classification of governmental power, no recognition is given to administration as a separate function of government. As a function As an organization “Administration” is x “Administration” is the execution, in spoken of non-judicial matters, accompanied by the of the law or will of definite article “the.” “The administration” the State as x -> most important expressed by the administrative competent authority authorities x Administration is the It is that group or activity of the x aggregate of executive officers of persons in whose the government hands the reins of x Executive action the government are x Administration had for the time being to do with the carrying of laws into effect x As a function, administration may be internal or external Administration is both the function of execution of the law (or management of government affairs) and the totality of the executive and administrative authorities x

Administration as an organization distinguished from government Administration Government Refers to the aggregate Aggregate of authorities of those persons in which rule a society whose hands the reins of government are entrusted by the people for the time being

CHAPTER II NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES A.

Statutes and Characteristics

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Administrative Law Atty. Ereneta Creation, reorganization, and abolition administrative agencies x Some administrative agencies are

x x x

x

x

x

of Local agency x Refers to a local government or a distinct unit therein.

The power of Congress to create and act through administrative agencies is undoubted The s Duly executed acts of an administrative agency can have valid effects even beyond the life span of said agency. Administrative agencies of statutory origin are subject to expansion or contraction of their powers, or to reorganization or abolition at the

Administrative agency or body and court distinguished Administrative body Court Generally a large A tribunal which is organization staffed by presided by one or more men who are deemed to jurists learned in the law become something of experts in their particular fields –

Congress has vested power in the President to reorganize executive agencies and redistribute functions When the purpose of a statute is to abolish a department or an office or an organization and to replace it with another one, the lawmaking authority says so (e.g., is abolished; shall cease to exist)

Uses a varying degree of discretion in arriving at decisions and often proceeds

x This has been settled by decisions upholding the validity of reorganization statutes authorizing the President to create, abolish, or merge offices in the executive department.

Status or agencies 1.

Note: While the President’s power cannot be denied, this does not mean that the reorganization itself is properly made in accordance with law.

character

More or less governed by fixed rules in arriving at its decisions and bound by the rules that no adjudication is to be made until after due notice to the parties with opportunity for a full and fair hearing of

particular

administrative

x

Represent no private interests of their own,

x

They may, performance

x

The term “administrative agency” has customarily been restricted to persons vested under a statute with the real power to act for the government

as an incident to the of their public functions,

Meaning of administrative agency x x

x

x

It is a government body charged with administering and implementing particular legislation. It covers boards, commissions, divisions, bureaus and departments, and the somewhat less familiar designations of “office” and “authority.” Some commentators assert that the “administrative” is a fourth power of government, since viewed from the standpoint of any particular act of the agency, it is either executive, or in the narrowest sense, administrative, or legislative, or judicial, or to distinguish it from agencies which are purely or essentially legislative or judicial, it is quasi-legislative or quasi-judicial. has been defined as “an organ of

Note:

x

x

2.

x

Administrative agencies are not courts or part of the judicial system Not courts in the strict sense ->

x

name of “court” A

x

x

Certain administrative agencies may be held because their function is to adjudicate impartially but

x

Courts in the broad sense -> exercise powers judicial in nature and proceedings

any of the various units of the government, including departments, bureau, office, instrumentality, GOCC, or local government

National agency x Refers to a unit of the national Government Lesley Claudio (A 2012)

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Administrative Law Atty. Ereneta

x

partake of the nature of judicial proceedings Functions primarily regulatory ->

x

4. x On the other hand, the primary duty of a judicial body is to adjudicate upon and protect the rights and interest of private parties 3.

4.

As legislative or executive agencies x Administrative agencies may be said to be arms and instrumentalities of the legislative branch of the government x They may also be viewed as part of the executive branch of government As independent or subordinate bodies x “Administrative agency” or “commission” > used either to designate an agency independent of the executive branch or one not subject to a superior head of departm...