Administrative Law

Question 1

Define administrative law

Answer 1

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 of his rights.

Question 2

Kinds of admin law

Answer 2

a) Statutes setting up administrative authorities. b) Rules, regulations or orders of such administrative authorities
promulgated pursuant to the purposes for which they were created. c) Determinations, decisions and orders of such administrative
authorities made in the settlement of controversies arising in their particular fields. d) Body of doctrines and decisions dealing with the creation, operation
and effect of determinations and regulations of such administrative authorities.

Question 3

Administrative Bodies or Agencies

Answer 3

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

Question 4

Now are administrative bodies created?

Answer 4

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

Question 5

Criterion

Answer 5

A body or agency is administrative where its function is primarily
regulatory even if it conducts hearings and determines controversies to carry out its regulatory duty. On its rule-making authority, it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law.

Question 6

Types of admin agencies

Answer 6

a) Bodies set up to function in situations where the government is
offering some gratuity, grant or special privilege, e.g., Bureau of Lands.
b) Bodies set up to function in situations wherein the government is
seeking to carry on certain of the actual business of government, e.g., BIR.
c) Bodies set up to function in situations wherein the government is
performing some business service for the public, e.g., MWSS.
d) Bodies set up to function in situations wherein the government is
seeking to regulate business affected with public interest, e.g., LTFRB.
e) Bodies set up to function in situations wherein the government is
seeking under the police power to regulate private business and individuals, e.g., SEC.
f) Bodies set up to function in situations wherein the government is
seeking to adjust individual controversies because of a strong social policy involved, e.g., ECC.
g) Bodies set up to make the government a private party, e.g.,
GSIS.

Question 7

Powers of Administrative Bodies.

Answer 7

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

Question 8

What is the nature ofquasi-legislative power?

Answer 8

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.

Question 9

Kinds of Administrative Rules or Regulations

Answer 9

Supplementary or detailed legislation.

Interpretative legislation

Contingent legislation.

Question 10

Requisites for validity:
Of an administrative issue

Answer 10

a) Issued under authority of law. See: Olsen v. Aldanese, 43 Phil 64.. b) Within the scope and purview of the law.’

The implementing rules and regulations of a law cannot extend the law or expand its coverage, as the power to amend or repeal a statute is vested in the legislature. However, administrative bodies are allowed, under their power of subordinate legislation, to implement the broad policies laid down in the statute by “filling in” the details. All that is required is that the regulation be germane to the objectives and purposes of the law; that the regulation does not contradict but conforms with the standards prescribed by law [Public Schools District Supervisors Association v. Hon. Edilberto de Jesus, G.R. No. 157299, June 19, 2006].

■

Question 11

True or false. HDMF,can in the exercise of its rule-making power, issue a regulation not consistent with the law it seeks to enforce and administer

Answer 11

Administrative issuances must not override, supplant or modify the law.

Question 12

Administrative rules with penal sanctions; additional requisites:

Answer 12

a) The law must itself declare as punishable the violation of the
administrative rule or regulation. See People v. Maceren, 79 SCRA 450.
b) The law should define or fix the penalty for the violation of the
administrative rule or regulation

Question 13

When is notice and hearing required?

Answer 13

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 Administrative Code of 1987. When an administrative rule substantially adds to or increases the burden of those concerned, an administrative agency must accord those directly affected a chance to be heard before its issuance.

As regards rates prescribed by an administrative agency in the exercise of its quasi-judicial function, prior notice and hearing are essential to the validity of such rates. Where the rules and the rates are meant to apply to all enterprises of a given kind throughout the country, they may partake of a legislative character. But if they apply exclusively to a particular party, based upon a finding of fact, then its function is quasi-judicial in character.

Question 14

Determinative Powers.

Answer 14

1. Enabling: to permit or allow something which the law undertakes to regulate, e.g., grant or denial of licenses to engage in a particular business.
2. Directing: illustrated by the power of assessment of the BIR or the Bureau of Customs.
3. Dispensing: to exemptfrom 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, or the authority of the Acceptance Board of the Philippine Army to relieve certain persons from military training.
4. Examining: also called the investigatory power; consists in requiring production of books, papers, etc., the attendance of witnesses and compelling their testimony.

Question 15

What are Quasi-judicial or adjudicatory power.

Answer 15

Proceedings partake of the character of judicial proceedings. Administrative body is normally granted the authority to promulgate its own rules of procedure, provided they do not increase, diminish or modify substantive rights, and subject to disapproval by the Supreme Court [Sec. 5(5), Art VIII, Constitution], The requisites of procedural due process must be complied with.

Question 16

What are the requisites foradministrative due process?

Answer 16

a) The requisites of administrative due process, as enumerated in Ang
Tibay v. CIR, 40 O.G. 7th Supp. 129 are:
i) Right to a hearing;
ii) Tribunal must consider evidence presented;
iii) Decision must have something to support itself;
iv) Evidence must be substantial;
v) Decision must be based on the evidence adduced at the hearing,
or at least contained in the record and disclosed to the parties;
vi) The Board or its judges must act on its or their independent
consideration of the facts and the law of the case, and not simply accept the views of a subordinate in arriving at a decision.
vii) Decision must be rendered in such a manner that the parties to
the controversy can know the various issues involved and the reasons for the decision rendered.

Question 17

TOF

Administrative proceedings are not exempt from basic and fundamental procedural principles, such as the right to due process in investigations and hearings.

Answer 17

True

Question 18

Administrative determinations where notice and hearing are not
necessary for due process’.

Answer 18

a) Grant of provisional authority for increased rates, or to engage in a
particular line of business [RCPI v. National Telecommunications Commission, 184 SCRA 517; PLDT v. National Telecommunications Commission, 190 SCRA 717].
b) Summary proceedings of distraint and levy upon the property of a
delinquent taxpayer.
c) Cancellation of a passport where no abuse of discretion is committed
by Secretary of Foreign Affairs [Suntay v. People, 101 Phil 770].
d) Summary abatementof a nuisance perse which affects the immediate
safety of persons or property [Art. 704, Civil Code of the Philippines].
e) Preventive suspension of a public officer or employee pending
investigation of administrative charges filed against him [Sec. 51, Book V, Title I, Subtitle A, Administrative Code of 1987],

Question 19

Doctrine of res judicata.

Answer 19

the
Supreme Court said that decisions and orders of administrative agencies have upon their finality, the force and binding effect of a final judgment within the purview of the doctrine of res judicata. These decisions and orders are as conclusive upon the rights of the affected parties as though the same had been rendered by a court of general jurisdiction. The rule of res judicata thus forbids the reopening of a matter once determined by competent authority acting within their exclusive jurisdiction.

Question 20

When does res judicata apply in citizenship )

Answer 20

the question of citizenship is resolved by a court or an administrative body as a material issue in the controversy after a full-blown hearing; (ii) with the active participation of the Solicitor General; and (iii) the finding made by the administrative body on the citizenship issue is affirmed by the Supreme Court.