## Administrative Law Flashcards
What is Administrative Law?
Administrative Law is that branch of modern law under which the executive department of the 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 country
What are administrative agencies?
Administrative agencies are the organs of government, other than a court and other than the legislature, which affect the rights of private parties either through adjudication or through rule-making.
What is E.O. No. 292?
Revised Administrative Code - it is a general law and incorporates in a unified document the major structural, functional and procedural principles of governance, and embodies changes in administrative structure and procedures designed to serve the people.
How many books are there in the RAC?
The RAC is divided into 7 Books:
1. Book I - Sovereignty and General Administration
2. Book II - Distribution of Powers of the three branches of Government
3. Book III - Office of hte President
4. Book IV - Executive Branch
5. Book V - Constitutional COmmissions
6. Book VI - National Government Budgeting
7. Book VII - Administrative Procedure
These Books contain provisions on the organization, powers and general administration of the executive, legislative and judicial branches of government, the organization and administration of departments, bureaus and offices under the executive branch, the organization and functions of the Constitutional Commissions and other constitutional bodies, the rules on the national government budget, as well as guideline for the exercise by administrative agencies of quasi-legislative and quasi-judicial powers.
[BQ] State with reason(s) which of the following is a government agency or a government instrumentality:
(a) Department of Public Works and Highways;
(b) Bangko Sentral ng Pilipinas;
(c) Philippine Ports Authority;
(d) Land Transprotation Office;
(e) Land Bank of the Philippines.
An agency of the government refers to any of the 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.
An instrumentality of government refers to any agency of the national government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or controlled corporation.
(a) The Department of Public Works and Highways is an agency of the government because it is a department.
(b) The Bangko Sentral ng Pilipinas is a government instrumentality, because it is vested with special function of being the central monetary authority, and enjoys operational autonomy through its charter.
(c) The Philippine Ports Authority is a government instrumentality, because it is merely attached to the Department of Transportation and Communication, it is vested with special function of regulating ports, and it is endowed with all corporate powers through its charter.
(d) The Land Transportation Office is an agency of the government, because it is an office under the Department of Transportation and Communication.
(e) The Land Bank of the Philippines is a government instrumentality because it is vested with the special function of financing agrarian reform, it is endowed with all corporate powers, and it enjoys autonomy through a charter (Sec. 75, Agrarian Land Reform Code).
Differentiate agency vs. instrumentality of government?
An agency of the government refers to any of the 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.
An instrumentality of government refers to any agency of the national government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or controlled corporation.
[BQ] The Constitution distinguishes between two types of owned and/or controlled corporations: those with original charters and those which are subsidiaries of such corporations. In which of the following rule/rules is such a distinction made? Consider each of the following item and explaing briefly your answer, citing pertinent provisions of the Constitution.
(1) The rule prohibiting the appointment to certain government positions, of the spouse and relatives of the President within the fourth degree of consanguinity or affinity.
(2) The rule making it incompatible for members of Congress to hold office or employment in the government.
(3) The rule prohibiting members of the Constitutional Commissions, during their tenure, to be financially interested in any contract with or any franchise or privilege granted by the government.
(4) The rule providing for post audit by the COA of certain government agencies.
(5) The rule requiring Congress to provide for the standardization of compensation of government officials and employees.
(1) Sec. 13, Article VII of the Constitution which prohibits the President from appointing his spouse and relatives within the fourth degree of consanguinity or affinity does not distinguish btween government corporations with original charters and their subsidiaries, because the prohibition applies to both.
(2) Section 13, Article VI of the Constitution, which prohibits members of Congress from holding any other office during their term without forfeiting their seats, does not distinguis between government corporations with original charters and their subsidiaries, because the prohibition applies to both.
(3) Section 2, Article IX-A of the Constitution, which prohibits Members of the Constitutional Commission from being financially interested in any contract with or any franchise or privilege granted by the Government, does not distinguish between government corporations with original charters and their subsidiaries, because the prohibition applies to both.
(4) Section 2(1), Article IX-D of the Constitution, which provides for post audit by the Commission on Audit of government corporations, does not distinguish between government corporations with original charters and their subsidiaries because the provision applies to both.
(5) Section 5, Article IX-B of the Constitution, which provides for the standardization of the compensation of government officials and employees, distinguishes between government corporations and their subsidiaries, for the provision applies only to government corporations with original charters.
Are government-owned or controlled corporations within the scope and meaning of the “Government of the Philippines”?
Yes. GOCCs are within the scope and meaning of the Government of the Philippines if they are performing governmental or political functions.
Section 2 of the Introductory Provision of the Administrative Code of 1987 defines the government of the Philippines as the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, same as the contrary appears from the context, the various armsthrough which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.
What are the two general classifications of the power of administrative agencies?
Quasi-legislative and quasi-judicial powers.
What is the quasi-legislative power of administrative agencies?
Adminstrative agencies possess quasi-legislative or rule-making powers, among others. It is the power to make rules and regulations which results in delegated legislation that is within the confines of (i) the granting statute; (ii) the doctrine of non-delegability; and (iii) separation of powers. The rule-making power, and even the power to fix rates, when such rules and/or rates are meant to apply to all enterprises of a givn kind throughout the Philippines may partake of legislative character.
Note: recall requisites
Requisites for exercise of quasi-legislative power
Doctrine of valid delegation –> must pass the completeness and sufficient standard tests
In the exericse of [quasi-legislative] power, the rules and regulations that administrative agencies promulgate whould be within the scope of the statutory authority granted by the legislature to the administrative agency. It is required that the regulation be germane to the objects and purposes of the law, and be not in contradiction to, but in conformity with the standards prescribed by law. They must conform to and be consistent with the provisions of the enabling statute in order for such rule or regulation to be valid.
It is, however, important to stress that before there can even be a valid administrative issuance, there must be a showing that the delegation of legislative power is itself valid. It is valid only if there is a law that (a) is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate; and (b) fixes a standard the limits of which are sufficiently determinate and determinable to which the delegate must conform in the performance of his functions.
Requirements for effectivity of administrative issuances
Publication
Deposit in ONAR UP Law Center
What are the types of administrative issuances
Adinistrative issuances may be distinguished according to their nature and substance: legislative and interpretative.
- A legislative rule is the matter of subordinate legislation, designed to implement a primary legislation by providing the details thereof.
- An interpretative rule is designed to provide guidelines to the law, which the administrative agency is in charge of enforcing. If an administrative rule is interpretative in nature, its applicability needs nothing further than its bare issuance for it gives no real consequence more than what the law prescribed.
NOTE: However, if an administrative rule goes beyond providing for the means to facilitate the implementation of the law but substantially increases the burden of those governed, it is incumbent upon the agency to accord those directly affected a chance to be heard, and thereafter to be duly informed, before that new issuance is given force and effect of law.
Distinguish administrative rule-making from executive’s inherent power to adopt rules and regulations to execute or implement the law.
The inherent power of the Executive to adopt rules and regulations to execute or implement the law is different from the delegated legislative power to prescribe rules. The inherent power of the Executive to adopt rules to execute the law does not require any legislative standards for its exercise while the delegated legislative power requires sufficient legislative standards for its exercise.
Whether the rule-making power by the Executive is delegated legislative power or an inherent Executive power depends on the nature of the rule-making power involved. If the rule-making power is inherently a legislative power, such as the power to fix tariff rates, the rule-making power of the Executive is a delegated legislative power. In such event, the delegated power can be exercised only if sufficient standards are prescribed in the law delegating the power.
If the rules are issued by the President in implementation or execution of self-executory constitutional powers vested in the President, the rule-making power of the President is not a delegated legislative power. The rule is that the President can exefcute the law without any delegation of power from the legislature. Otherwise, the President becomes a mere figure-head and not the sole Executive of the Government.
Explain the requirement of hearing (or adversarial proceeding) in administrative rule making
An administrative rule, in the nature of subordinate legislation, is designed to implement a law by providing its details, and before it is adopted there must be a hearing under the Revised Administrative Code.
When an administrative rule substantially adds to or increases the burden on those concerned, the administrative agency must accord those directly affected a chance to be heard before its issuance.
TS: 19:00
Pursuant to a law ordering the fixing of “just and reasonable standards, classifications, regulations, practices, or services to be furnished, observed and imposed by operators of public utility vehicles,” the LTFRB promulgated and published a regulation that “no car beyond six years shall be operated as a taxi.” Taxi operators assailed the validity of the regulation contending that procedural due process was violated because position papers were not asked of them and no notice was given to them prior to the issuance of the regulation. Were the taxi operators denied procedural due process? Explain briefly.
No, the taxi operators were not denied procedural due process. In administrative law, implementing agencies have the authority to fill in the details of a law enacted by Congress. What is essential is the publication of the implementing rules and regulations.
Alternative answer:
Yes, the taxi operators were denied procedural due process. The RAC (Bk VII Ch 2 S9) requires the conduct of a hearing in two instances. A hearing is required when an administrative rule in the nature of subordinate legislation and designed to implement a law by providing its details is adopted. When an admin rule substantially adds to or increases the burden on those concerned, an admin agency must accord those directly affected a chance to be heard before its issuance.
As decided by the SC:
(1) If not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule.
(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least 2 weeks before the first hearign thereon (Genuino v. De Lima 2018)
RAC does not prescribe the specific procedure (position papers, etc)
Publication requirement of admimistrative rule
Publication requirement: Both the requirements of publication and filing of administrative issuances intended to enforce existing laws are mandatory for the effectivity of said issuances.
(1) All statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fifteen days after publication unless a different effectivity date is fixed by the legislature.
Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenver the same are validly delegated by the legislature or, at present, directly conferred by the Constitution. Administrative rules and regulations must also be published if their pupose is to enforce or implement existing law pursuant also to a valid delegation.
(2) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make emergency rules known to persons who may be affected by them.
Is there a recourse to courts for the exercise of administrative agencies exercising quasi-legislative power?
Yes. If what is being assailed is the validity or constitutionality of a rule or regulation issued by an administrative agency in the performance of its quasi-legislative functions, then the Regional Trial Court has jurisdiction to pass upon the same. The determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the Constitution is within the jurisdiction of the Regional Trial Court.
(A petition for prohibition is not the proper remedy to assail an administrative order issued in the exercise of a quasi-legislative function. Prohibition is an extraordinary writ directed against any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, ordering said entity or person to desist from further proceedigns when said proceedings are without or in excess of said entity’s or person’s jurisdiction, or are accompanied with grave abuse of discretion, and there is no appeal or any other plain, speedy and adquate remedy in the ordinary course of law.)
What is a purely administrative proceeding?
A purely administrative proceeding is one which does not involve the settling of disputes involving conflicting rights and obligations. It is merely concerend with either: (a) the direct implementation of laws to certian given facts as a consequence of regulation; or (b) an undertaking to gather facts needed to pursue a further legal action or remedy in the case of investigation. In other words, it does not make binding pronouncements as to a party’s rights and/or obligations as a result of a conflict or controversy whether legal or factual. Covered by this type of proceeding is an agency’s grant or denial of applications, licenses, permits, and contracts which are executive and administrative in nature.
In the case of NTC v. Brancom (2019), the SC discussed the difference between a purely administrative proceeding and a quasi-judicial proceeding. The discussion led to the legal conclusion that application proceedings pertain to the NTC’s purely administrative functions while complaint proceedings pertain to its quasi-judicial functions.
What is a quasi-judicial proceeding?
A quasi-judicial proceeding is the power to hear and determine questions of fact to which the legislative policy is to apply, and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. It involves: (a) taking and evaluating evidence; (b) determining facts based upon the evidence presented; and (c) rendering an order or decision supported by the facts proved. In other words, it involves a determination, with respect to the matter in controversy, of what the law is; what the legal rights and obligations of the contending parties are; and based thereon and the facts obtaining, the adjudication of the respective rights and obligations of the parties.
In the case of NTC v. Brancom (2019), the SC discussed the difference between a purely administrative proceeding and a quasi-judicial proceeding. The discussion led to the legal conclusion that application proceedings pertain to the NTC’s purely administrative functions while complaint proceedings pertain to its quasi-judicial functions.
When an administrative agency entertains oppositors to a permit application, does this convert the application proceeding to a quasi-judicial proceeding?
No. Proceedings related to permit applications are non-adversarial in nature for there are virtually no contending parties. Although an administrative agency may entertain oppositors to an application, such undertaking does not automatically convert the proceeding to a quasi-judicial one for a couple of reasons:
(a) the subject of application proceedings pertain only to an applicant’s privilege to engage in a regulated activity-it does not vest or deprive a party to such proceedings of any right or legally protected interest; and
(b) oppositions to applications merely aid an administrative agency’s function in regulating or assessing an applicant’s legal fitness to hold a franchise.
NOTE: The opposition is not received for the purpose of adjudicating any rights of the parties.
NTC v. Brancom (2019)
Doctrine of primary jurisdiction
Requisites of the doctrine of primary jurisdiction
When doctrine of primary jurisdiction not applicable
Discuss the doctrine of exhaustion of administrative remedies
Exceptions to the doctrine of exhaustion of administrative remedies
Effect of the doctrine of exhaustion of administrative remedies
Distinguish primary jurisdiction from exhaustion of admin remedies
Exceptions to exhaustion of administrative remedies
Does non-compliance with exhaustion of admin remedies result in ousting the court of jurisdiction?
