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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP ARELLANO UNIVERSITY SCHOOL OF LAW Distinguished from Constitutional Law
ADMINISTRATIVE LAW DE LEON REVIEWER
1. Constitutional Law prescribes the general plan or framework of Governmental Organization, while Administrative Law gives and carries out this plan in its minutest details.
ATTY. DEMIGILIO By: PARRENO, ANTONY J. Introduction to Administrative Law Part of Law which governs the organization, functions and procedure of administrative agencies of the Government to which quasilegislative powers are delegated and quasijudicial powers are granted, and the extent and manner to which such agencies are subject to control by the Courts. It is the branch of modern law under which 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. Scope of Administrative Law 1. Organization and Structure of the Government 2. Execution and Enforcement of which is entrusted to Administrative Authorities 3. Governs Public Officers 4. Creates Administrative Agencies 5. Remedies to those administrative actions
6. Judicial Review of actions or decisions
7. Rules and Regulations for the interpretation and enforcement of law
2. Constitutional Law prescribes limitations on the powers of the Government to protect the rights of individuals against abuse in their exercise, while Administrative law indicates to individuals, remedies for the violation of their rights. Distinguished from Criminal Law 1. Criminal Law consists of a body of penal sanctions which are applied to all branches of the law, including Administrative Law. Distinguished from Public Administration 1. Public Administration deals with the practical management and direction of various organs of the State and the execution of State policies by the executive ad Administrative officers entrusted with such function. 2. Administrative Law external aspect administration.
to the public
Principal Subdivisions of Administrative Law 1. The law of Internal Administration – Treats the legal relations between the Government and its Administrative officers. 2. The law of External Administration – Treats the legal relations between Administrative Authorities and Private Interests.
8. Jurisprudence Classification of Administrative Law Concerns of Administrative Law
1. As to its Source
1. Private Rights 2. Delegated powers and Combined powers Distinguished from International Law 1. Administrative Law lays down the rules which shall guide the officers of the administration in their actions as agents of the Government.
a) The Law that controls Administrative Authorities (Constitution, Statutes, Judicial Decisions, Executive Orders and Administrative Orders) b) The Law made by Administrative Authorities (General regulations and Particular Determinations) 2. As to its Purpose
2. International Law, on the other hand, cannot be regarded as binding except insofar as it has been adopted into the Administrative Law of the State
a) Procedural Administrative Law b) Substantive Administrative Law
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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP 3. As to its Applicability
necessarily the result of a controversy, but may also result of consideration of expediency.
a) General Administrative Law b) Special Administrative Law Origin and Development of Administrative Law 1. Recognition given as a distinct category of Law 2. Multiplication of Government Functions 3. Growth and Utilization of Administrative Agencies 4. Fusion of different powers of Government in Administrative agencies 5. A law in the making 6. Philippine Administrative law Advantages of Administrative Process 1. Advantages of Adjudication as executive action
Administrative compared with
2. Limitations upon the powers of Courts 3. Trend toward preventive Legislation 4. Limitations action
3. Judicial officers have to determine what law is applicable to the facts brought before them. Administrative officers must determine what is the law in order to determine whether they are competent to act, and whether it is wise for them to act. Administration as a Separate Power 1. As a function, administration may be internal or external 2. As an Organization, it is that group or aggregate of persons in whose hands the reins of the government are for the time being. Administration as an Organization distinguished from Government Government refers to the institution or aggregate of institutions by which an independent society makes and carries our those rules of action which are necessary to enable men to live in a civilized state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them,
legislative Nature and Organization of Administrative Agencies
5. Limitations upon exclusively Judicial Enforcement 6. Advantages of Continuity of attention and clearly allocated responsibility 7. Need for organization to dispose of volume of business and to provide the necessary records Relationship between agencies and Courts
1. Collaborative Instrumentalities 2. Role of Courts 3. Discharge of Judicial Role Administration of Government distinguished from Administration of Justice 1. Those charged with the administration of Government are known as administrative officers while those charged with the administration of justice are known as Judicial Officers. 2. Work done by judicial officers consists in the decision of controversies. Work done by administrative officers is not
Creation, Reorganization and Abolition of Administrative Agencies. 1. Constitutional Provisions 2. Legislative Enactments 3. Executive Meaning of Administrative Agency An agency exercising some significant combination of executive, legislative and judicial powers. It is a government body charged with administering and implementing particular legislation. Various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporation, or a local government or a distinct unit therein. It is a “national agency” is it refers to a unit of the National Government and a “local agency” if it refers to a local government or a distinct unit therein. Administrative distinguished.
1. An administrative body is general a large organization staffed by men who
AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP
AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP are deemed to become something of experts in their particular fields. A court is a tribunal which is presided by one or more jurist learned in the law.
c. Weekly or daily reports to agency heads Types of Administrative Agencies
2. An administrative agency performs a variety of functions, while the Court performs only judicial function
3. An administrative agency is not bound by the rules of evidence or procedure.
3. Business Service for the public
Status or Character Administrative Agencies
2. Functions of the Government
4. Regulate Business 5. Regulate Private Business
1. Public or Governmental Agencies – Functioning within the scope of their authority, for an behalf of the government
6. Individual Controversies Administrative Organization Distribution of Powers of the Government
2. Judicial Bodies – They are not Courts or judicial bodies. They merely exercise quasi-judicial powers
1. Traditional Branches a. Legislative Power
3. Legislative or Executive Agencies – They are part of the executive branch exercising quasi-legislative powers 4. Independent Bodies – An agency independent of the executive branch. 5. Corporate or Legal Entities – bodies with legal capacity to sure or be sued in Courts. Main Characteristic agencies
b. Executive Power c. Judicial Power 2. Special Agencies a. Civil Service Commission b. Commission on Elections c. Commission on Audit Organization of the Office of the President
1. Office of the President Proper 2. Specialization
a. Private Office
3. Responsibility for Results b. Executive Office
4. Variety of Administrative Duties
c. Common Staff Support System Delegation of Function and Authority
d. Presidential Special Assistants
1. Types Simplicity, Economy and Efficiency a. Internal Management b. Authority matters
Organization of Departments of
c. Dispose of matters informally d. Authority and Function in formal proceedings 2. Degree a. Statement policies
Department refers to an executive department created by Law. It includes any instrumentality having or assigned the rank of a department, regardless of its name or designation Department Services 1. Planning Service
2. Financial and Management Service 3. Administrative Service
b. Consideration by agency heads 4. Technical Service AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP
AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP 5. Legal Service Organization of Bureaus Bureau refers to any principal subdivision or unit of any department, performing a single major function or closely related functions. Line Bureau directly implements programs adopted pursuant to department policies and plans. Line bureaus exercise supervision and control over their regional and field offices.
Powers and Functions of Administrative Agencies Function is that which one is bound or which it is one’s business to do Power means by which a function is fulfilled Scope of powers 1. Express and Implied Powers 2. Inherent Powers
Administrative Relationship 1. Supervision and Control
3. Quasi-Judicial Powers Nature of Powers
2. Administrative Supervision
1. Jurisdiction Limited
3. Attachment 2. Powers within their Jurisdiction Broad Government-owned and Controlled Corporations refer to any agency organized as a stock or non-stock corporation, vested with functions relating to public needs; owned by the Government directly or through its instrumentalities of at least 50% of its capital stock. Regulatory Agency refers to any agency expressly vested with Jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interest of private persons, the principal powers of which are exercised by a collective body, such as commission, board or council.
3. Powers subject to the Constitution, Applicable Law, or Administrative Regulation Administrative Function is defined as referring to the executive machinery of the government and the performance by that machinery of governmental acts. It refers to the management actions, determinations, and orders of executive officials as they administer the laws and try to make government effective. Powers of Administrative Agencies 1. Nature
Mandates of different Departments 1. 2. 3. 4. 5.
Department of Foreign Affairs Department of Finance Department of Justice Department of Agriculture Department of Public Works and Highways 6. Department of Education 7. Commission on Higher Education 8. Department of Labor and Employment 9. Department of National Defense 10. Department of Health 11. Department of Trade and Industry 12. Department of Agrarian Reform 13. Department of Tourism 14. Department of Environment and National Resources 15. Department of Interior and Local Government 16. Department of Transportation and Communications 17. Department of Social Welfare and Development 18. Department of Budget and Management 19. Department of Science and Technology 20. Department of Energy 21. National Economic and Development Authority
a. Investigatory b. Quasi-Legislative or Rule Making Power c. Quasi-Judicial or Adjudicatory 2. Subjective Choice a. Discretionary Power or Right conferred by law of acting officially under certain circumstances, according to dictate of their own judgment and conscience. b. Ministerial One performed in response to a duty which has been positively imposed by Law Investigatory Powers Power of an administrative body to inspect the records and premises, and investigate the activities of persons or entities coming under its jurisdiction.
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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP Limited to investigating the facts and making findings and recommendations
3. Limited to the powers granted to it 4. It must not be contrary to Law
Scope and Extent of Powers 1. Initiation of Investigation 2. Conduct of Investigation 3. Requirements as to accounts, records, reports or statements 4. Requiring attendance of witnesses, giving of testimony, and production of evidence 5. Hearing 6. Contempt 7. Application of Technical Rules of Procedure and evidence
5. It must be Reasonable Orders and Determinations are actions in which there is more of the Judicial function and which deal with a particular present situation Rules and regulations are actions in which legislative element predominates Kinds of Rule-Making powers 1. Supplementary or Detailed legislation
Rule Making Powers
2. Interpretative legislation
The Statutory grant of rule-making power to administrative agencies is a valid exception to the rule on non-delegation of legislative power, provided two conditions concur:
3. Contingent Administrative Rules
1. Statute is complete in itself
2. Statute fixes a standard.
A valid rule or regulation duly promulgated by an administrative agency has the force and effect of law and is binding on the agency and on all those dealing with the agency.
Legislative and distinguished
1. Legislative are new provisions and it has the force and effect of law
Operative Fact Doctrine As a general rule, an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it has not been passed at all. The doctrine of operative fact, as an exception to the general rule, only applies as a matter of equity and fair play. It nullifies the effects of an unconstitutional law by recognizing that the existence of a statute prior to a determination of unconstitutionality is an operative fact and may have consequences which cannot always be ignored. The past cannot always be erased by a new judicial declaration. The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden on those who have relied on the invalid law. Thus, it was applied to a criminal case when a declaration of unconstitutionality would put the accused in double jeopardy or would put in limbo the acts done by a municipality in reliance upon a law creating it Limitations on the Rule-Making power of Administrative agencies
2. Interpretative Rules are those which interpret and clarify previous laws Ordinance Power of the President 1. Executive Order 2. Administrative Order 3. Memorandum Order 4. Memorandum Circular 5. Proclamations 6. General or Special Orders Requisites for validity of administrative Rules and Regulations 1. Authority of Law 2. Must not be Contrary to Law and the Constitution 3. Promulgated Procedure
4. Must be Reasonable 1. It must be consistent with the Constitution or the Statute creating it. 2. It must not amend or alter the Statute creating it
Grant of Rule-Making Powers 1. Legislative Act
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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP 2. Implication from the powers expressly granted Test applied in determining validity of rules 1. Must not exceed with the authority conferred to it
The doctrine of separation of power does not preclude a certain degree of admixture of the three powers of Government in administrative agencies. Requisites for delegation 1. Completeness of the Statute
2. Must not conflict with the Governing Statute 3. Must not extend or modify the Statute Liberal implementation of the rules and regulations of an administrative agency is justified in cases where their rigid enforcement will result in a deprivation of legal rights
2. Sufficient Standard What can be delegated is the discretion to determine how the law may be enforced, not what the law shall be. Administrative Proceedings
Penal Rules and Regulation refer to those carrying penal or criminal sanctions for its violation
Adversary in nature – If it may result in an order in favor of one person against another, and the primary purpose of the agency is to protect the public interest.
Requisites for Validity
1. Law which authorizes the promulgation of Rules and Regulations
1. Taking and evaluation of evidence
2. The law must fix or define such penalty
2. Determination of facts based upon the evidence presented
3. Punishable or made a crime under the law itself
3. Rendering an order or supported by the facts proved
4. Publication in the Official Gazette Adjudicatory Powers Quasi-Judicial function is a term which applies to the actions, discretion, etc. of public administrative officers or bodies that are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature. Classification of Adjudicatory Powers 1. Enabling Power – Grant or Denial 2. Directing Power – Corrective Power 3. Dispensing Power – Exempt or relax a general prohibition 4. Summary Power – Compulsion or Force to effectuate a legal purpose 5. Equitable Powers – Determine the law upon a particular state of facts, and must consider and make proper application of the rules of Equity Separation of Administrative Powers “POTESTAS DELEGARI”
Primary Jurisdiction Courts will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact. Administrative Due Process 1. Right to Notice 2. Right to Appear 3. Right to a tribunal vested with competent Jurisdiction 4. Right to a decision supported by substantial evidence Elements or Essentials of Right to hearing 1. To present his case or defense, and submit evidence 2. To know the claims of the opposing party 3. To cross-examine witnesses 4. To submit rebuttal evidence Investigation – informal proceedings to obtain information to govern future actions. They have no parties and are not proceedings Hearing – There are parties and issues of law and of fact to be tried and the conclusion of the hearing may affect the rights of the parties.
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AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP Proceedings in which no hearing is required.
Judicial Review of Administrative Actions
1. Due process dependent upon the circumstances – presence of a party is not always the basis of due process. In some instances, even a hearing and notice are not required. It is true where much must be left to the discretion of the administrative officers in applying a law to a particular case.
Substantial Evidence means such evidence as a reasonable mind might accept as adequate to support a conclusion.
2. Nature of right affected – notice and hearing are necessary in order to comply with due process of law only when constitutional right is claimed to be invaded and the Constitution does not require a trial-type hearing in every case of government impairment of private interest. 3. Nature of power exercised – it is not essential where the proceeding or power exercised is legislative, executive, administrative, or ministerial in nature and not judicial, quasi-judicial, or adjudicatory, or the government is engaged in the dispatch of its own internal affairs. 4. Instances when requirement not essential in adjudicatory proceeding a. Immediate Safety of property b. Interlocutory Orders c. Summary Action d. Sufficiency of Evidence
5. Waiver of right – one may not claim that he was not accorded a hearing or an opportunity to be heard on facts which merely show that he did not avail himself of the opportunities afforded for a hearing. Res judicata in Administrative Proceedings It provides that a final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies and constitutes an absolute bar to subsequent action involving the same demand, claim, or cause of action. It is said that it is applicable to determinations in the field of admin law as well as to courts whenever consistent with the purposes of the tribunal, board, or officer (Lanuza v. Court of Appeals) Res judicata embraces two concepts: bar by former judgment and conclusiveness of judgment. Requisites of res judicata: 1. It must be a final judgment 2. The court which resolved it had jurisdiction over the subject matter and the parties 3. It must be a judgment on the merits 4. There must be identity between the two cases, as to the parties, subject matter, and cause of action.
Interlocutory Order refers to something intervening between the commencement and the end of a suit which decides some point or matter but it not a final decision of the whole controversy Final Judgment or Order is one that finally disposes of a case leaving nothing more to be done by the Court in respect thereto. Doctrine of Primary Jurisdiction determines in some circumstances whether initial action should be taken by a Court or by an Administrative Agency Doctrine of Exhaustion of Administrative Remedies is primarily to control the timing of judicial relief from adjudicative action of an agency. Exceptions: 1. Such remedy is permissive in the statute authorizing the same 2. Purely question of Law 3. Constitutionality of the Statute 4. Questions involved are purely Judicial 5. Estoppel 6. Irreparable Damage will be suffered unless resort to the Court is immediately made 7. When there is no other plain, speedy, or adequate remedy in the ordinary court of Law 8. Respondent officer acted in utter disregard of due process 9. When it will result to the nullification of the claim being asserted 10. Unreasonable delay 11. Special Circumstances 12. Oppressive and Unreasonable 13. No administrative Review 14. Where the subject land is not part of the Public Domain 15. Possessory Actions involving Public Lands 16. Respondent is a Department Secretary 17. Administrative Officer has not rendered any decision or findings 18. No Administrative remedy available 19. Strong public interest is involved Doctrine of Ripeness for Review applied to rule-making and administrative action. It is the point at which the Courts may review administrative action except that the former applies to administrative action than adjudication
AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP
AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP Doctrine of Primary Jurisdiction vs. Doctrine of Exhaustion of Administrative Remedies 1. The doctrine of exhaustion of administrative remedies is invoked as a defense to Judicial Review of an Administrative action not yet deemed complete 2. Question of Primary Jurisdiction arise where both the Court and Administrative agency have jurisdiction to pass on a question Doctrine of Ripeness for Review Exhaustion of Administrative Remedies
1. Ripeness Doctrine applies to Rulemaking and Administrative Action; Exhaustion Doctrine applies to Adjudicative action 2. Exhaustion Doctrine answers the question on whether a party should be required to pursue an administrative remedy before going to Court. Ripeness Doctrine is focused upon the nature of Judicial process. Doctrine of Ripeness for Review vs. Primary Jurisdiction
6. The agency went beyond the issues of the case 7. The findings are conclusions without citation of specific evidence 8. The findings are contradicting to the evidence 9. The facts set forth in the petition are not disputed by the respondent 10. Irregular Procedures 11. Prejudiced rights of a party Preponderance of Evidence is evidence adduced by one side which is, as a whole, superior to or has greater weight or more convincing than that which is offered in opposition to it. Substantial Evidence not applicable 1. Trial de novo 2. Statute has a standard of proof required 3. Suit is not for review of the administrative order 4. Constitutional and Jurisdictional facts are involved 5. Property rights rather than privileges are involved Immunity from Suit
1. Primary Jurisdiction determines whether or not the Court or the Agency should make the initial decision. Both determines at what stage a party may secure Judicial review of Administrative action. 2. Primary Jurisdiction arises only when Administrative and Judicial Jurisdiction are concurrent. Ripeness may arise whenever judicial review of administrative action is available.
Generally, the doctrine of judicial immunity from suits extends generally to governmental officials in respect to their acts of a discretionary, judicial, or quasi-judicial nature. It protects an officer from liability for a mistake of fact or erroneous construction and application of the law, or error of judgment in the determination of the law, of the facts, including the officers duties under the law.
Scope and Extent of Judicial Review 1. Determination of law 2. Determination of Facts 3. Discretionary Determination Grounds which would warrant reversal of Administrative Findings 1. Conclusion is grounded on speculations 2. Interference mistaken
3. Grave abuse of discretion 4. Judgment is based on misapprehension of facts 5. The Court or Agency overlooked certain facts AUSL/ADMINISTRATIVE LAW CASE DOCTRINES/AJP