1. Historical and Constitutional Considerations

Question 1

What are the factors responsible for the emergence of administrative agencies?

Answer 1

1. Growing complexities of modern life;
2. Multiplication of subjects needing government regulation; and
3. Increased difficulty of administering laws [Pangasinan Transportation v. Public Service Commission]

Question 2

Why are administrative agencies needed?

Answer 2

Administrative agencies are needed because government lacks (1) time; (2) expertise; and (3) organizational aptitude for effective and continuing regulation of new developments in society. [STONE]

Question 3

What is the doctrine of separation of powers?

Answer 3

The doctrine of separation of powers refers to the constitutional demarcation of the fundamental powers of the government. The fundamental concept of the separation of powers is that the powers assigned to one department (or branch of government) should not be exercised by the other departments, and that no department ought to posses, directly or indirectly, an overruling influence or control over the others.

Question 4

Latin for maxim: No delegated powers can be further delegated

Answer 4

Delegatus non potest delegari or delegata potestas non potest delegari.

Question 5

What is the concept/definition of administrative law?

Answer 5

• 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.
• It is the law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action.
• Part of the law which governs the organization, functions, and procedures of administrative agencies of the government to which (quasi) legislative powers are delegated and (quasi) judicial powers are granted, and the extent and manner to which such agencies are subject to control by the courts. Simply put, it is the law that partners to the operations of agencies, excepting congress and the regular causes under the judiciary. [DE LEON]

Question 6

What are administrative agencies?

Answer 6

• Administrative agency is the term used generally to describe an agency exercising some significant combination of executive, legislative, and judicial powers. It is a government body charged with administering and implementing particular legislation [DE LEON].
• “Agency” includes any department, bureau, office, commission, authority, or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privileges, occupation, or business; and officials in the exercise of disciplinary power a provided by law. [Sec. 2(1), Book VII, Admin Code.]

Question 7

Manner of creation of administrative agencies.

Answer 7

1. Constitutional Agencies – those created by the Constitution (e.g., CSC, COMELEC, COA, CHR, Judicial and Bar Council, and NEDA)
2. Statutory Agencies (e.g., NLRC, SEC, PRC, Social Security Commission, Commission on Immigration and Deportation, Phil. Patent Office, Games and Amusement Board, Board of Energy, and Insurance Commission)
3. Agency by Executive Orders / Authorities of Law (e.g., fact-finding)

Question 8

Art. VII. Sec. 17

Answer 8

The President shall have control over all executive departments, bureaus, and offices. He shall ensure that laws be faithfully executed [Sec. 17, Art. VII, 1987 Constitution]

Question 9

Difference between control and supervision.