AD LAW

Question 1

is that branch of public law which fixes the organization and determines the competence of administrative authorities and indicates to the individual remedies for the violation or his right

Answer 1

Administrative law

Question 2

is the agency or instrumentality through which the will of the State is formulated, expressed and realized.

Answer 2

Government

Question 3

refers to the entire machinery of the central government, as distinguished from the different forms of local governments.

Answer 3

National Government

Question 4

refers to the political subdivisions established by or in accordance with the Constitution.

Answer 4

Local Government

Question 5

administration is the execution, in non-judicial matters, of the law or will of the State as expressed by competent authority.

Answer 5

As a function

Question 6

administration is that group or aggregate of persons in whose hands the reins of government are for the time being.

Answer 6

As an organization:

Question 7

The _________________________________incorporates in a unified document the major structural, functional and procedural principles and rules of governance. Its primary function is to prescribe the standards, guidelines and practices within the executive branch of government.

Answer 7

Administrative Code of 1987

Question 8

are organs of government, other than a court and other than a legislature, which affects the rights of private parties either through adjudication or rule-making.

Answer 8

Administrative bodies

Question 9

Admin Law are created by:

Answer 9

a) Constitutional provision; b) Legislative enactment; or c) Authority of law.

Question 10

refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein.

Answer 10

Agency of the Government

Question 11

refers to an executive department created by law. This shall include any instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.

Answer 11

Department

Question 12

refers to any principal subdivision or unit of any department. This shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices.

Answer 12

Bureau

Question 13

shall primarily perform policy, program development and advisory functions.

Answer 13

staff bureau

Question 14

Powers of Administrative Bodies.

Answer 14

1. Quasi-legislative or rule-making power;
2. Quasi-judicial or adjudicatory power; and
3. Determinative powers

Question 15

This is the exercise of delegated legislative power, involving no discretion as to what the law shall be, but merely the authority to fix the details in the execution or enforcement of a policy set out in the law itself.

Answer 15

Quasi-Legislative

Question 16

They are rules and regulations “to fix the details” in the execution and enforcement of a policy set out in the law, e.g., Rules and Regulations Implementing the Labor Code.

Answer 16

Supplementary or detailed legislation

Question 17

They are rules and regulations construing or interpreting the provisions of a statute to be enforced and they are binding on all concerned until they are changed, e.g., BIR Circulars, CB circulars, etc..

Answer 17

Interpretative legislation

Question 18

They are rules and regulations made by an administrative authority on the existence of certain facts or things upon which the enforcement of the law depends.

Answer 18

Contingent legislation

Question 19

Requisites for validity

Answer 19

a) Issued under authority of law.
b) Within the scope and purview of the law.’
c) Reasonable.
d) Publication in the Official Gazette or in a newspaper of general circulation, as provided in Executive Order No. 200.

Question 20

is an extraordinary writ directed against any board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, ordering said entity or person to desist from further proceedings when the said proceedings are without or in excess of jurisdiction, or is accompanied by grave abuse of discretion, and there is no appeal or any other plain, speedy or adequate remedy in the ordinary course of law.

Answer 20

Prohibiton

Question 21

Determinative Powers

Answer 21

Enabling
Directing
Dispensing
Examining
Summary

Question 22

to permit or allow something which the law undertakes to regulate, e.g., grant or denial of licenses to engage in a particular business.

Answer 22

Enabling

Question 23

illustrated by the power of assessment of the BIR or the Bureau of Customs.

Answer 23

Directing

Question 24

to exempt from a general prohibition, or relieve an individual or corporation from an affirmative duty, e.g., authority of zoning boards to vary provisions of zoning ordinances

Answer 24

Dispensing

Question 25

also called the investigatory power; consists in requiring production of books, papers, etc., the attendance of witnesses and compelling their testimony.

Answer 25

Examining

Question 26

power to apply compulsion or force against persons or property to effectuate a legal purpose without a judicial warrant to authorize such action, e.g., in the fields of health inspections, abatement of nuisances

Answer 26

Summary

Question 27

Quasi-judicial or adjudicatory power.

Answer 27

-Proceedings partake of the character of judicial proceedings
-Administrative due process
-Administrative determinations where notice and hearing are not necessary for due process
-Right against self-incrimination.
-Power to punish contempt is inherently judicial;
-Administrative decisions not part of the legal system
-Administrative Appeal and Review.
-Doctrine of res judicata.