ADMIN LAW

Question 1

ADMIN LAW

Answer 1

Branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to the individual remedies for the violations of his rights

Question 2

ADMINISTRATIVE BODIES

Answer 2

body, other than the courts and the legislature, 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.

Question 3

ADMIN BOD : CREATION

Answer 3

1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.

Question 4

POWERS OF ADMINISTRATIVE BODIES

Answer 4

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

Question 5

QUASI-LEGISLATIVE OR RULE-MAKING POWER

Answer 5

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

Question 6

RULE MAKING POWER : REQ VALID EXERCISE

Answer 6

1. Issued under authority of law;
2. Within the scope and purview of the law;
3. Promulgated in accordance with the prescribed procedure: NOTICE & HEARING ….PUBLICATION
4. Reasonable

Question 7

Doctrine of Subordinate Legislation

Answer 7

power of administrative agency to promulgate rules and regulations on matters of their own specialization.

Question 8

Doctrine of Legislative Approval by Re-enactment

Answer 8

the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said law was re-enacted by later legislation or through codification.

The Legislature is presumed to have full knowledge of the contents of the regulations then at the time of re-enactment.

Question 9

QUASI-JUDICIAL OR ADJUDICATORY POWER

Answer 9

● Proceedings partake of nature of judicial proceedings. Administrative body granted authority to promulgate its own rules of procedure

Question 10

QJ POWER: 2 CONDITIONS

Answer 10

1. due process; and
2. jurisdiction

Question 11

1. Doctrine of Prior Resort or (Doctrine of Primary Administrative Jurisdiction

Answer 11

where there is competence or jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall have acted upon the matter.

Question 12

1. Doctrine of Finality of Administrative Action

Answer 12

no resort to courts will be allowed unless administrative action has been completed and there is nothing left to be done in administrative structure.

Question 13

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

Answer 13

Whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted

Question 14

Effect of Failure to Exhaust Administrative Remedies

Answer 14

as a general rule, jurisdiction of the court is not affected but the complaint is vulnerable to dismissal due to lack of cause of action.

Question 15

JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
When made:

Answer 15

1. to determine constitutionality or validity of any treaty, law, ordinance, executive order, or regulation;
2. to determine jurisdiction of any administrative board, commission or officer;
3. to determine any other questions of law; and
4. to determine questions of facts when necessary to determine either:

a. constitutional or jurisdictional issue;
b. commission of abuse of authority; and
c. when administrative fact finding body is unduly restricted by an error of law.

Question 16

Modes of review

Answer 16

1. Statutory;
2. Non-statutory – inherent power of the court to review such proceedings upon questions of jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.

Question 17

DETERMINATIVE POWERS

Answer 17

1. enabling – permit the doing of an act which the law undertakes to regulate;
2. directing – order the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes
3. dispensing – to relax the general operation of a law or to exempt from general prohibition, or relieve an individual or a corporation from an affirmative duty;
4. examining - also called investigatory power;
5. summary – power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions.

Question 18

THREE TYPES OF ADMINISTRATIVE RELATIONSHIP

Answer 18

a. SUPERVISION AND CONTROL

b. ADMINISTRATIVE SUPERVISION

c. POLICY AND PROGRAM COORDINATION