Chapter I - Introduction

Question 0

Distinguish Admin law and Penal law

Answer 0

Penal sanctions for the
purpose of enforcing a rule
of admin law w/c is the
most common and efficient
means to enforce such
admin law.
Consists of a body of penal
sanctions w/c are applied to
ALL branches of the law,
including admin law.

Question 1

Distinguish admin law and Consti law

Answer 1

Admin law Constitutional Law
Provides the details which
give the skeleton structure
the characteristics of a
finished whole.

Provides the framework of
governmental organization

Lays down the secondary
rules w/c limit and qualify
or expand and amplify the
general precepts laid down
by consti to be understood
and applied to the needs of
layman citizens.
Lays down the general
rules of gov’t which are
fundamental and w/o w/c
no gov’t org can survive

Treats relations of gov’t
with individual from the
standpoint of the powers of
gov’t.
Treats of the relations of
the gov’t with individual
from the latter’s standpoint.
Lays emphasis on duties Lays stress upon rights

Question 2

Is admin law specific or generic?

Answer 2

 It is both.
 General Admin Law – is that which is
common to all or to many different types of
admin agencies. (subj matter of the author’s
book)
 Special Admin Law – law which is provided
for and derived from the activity of a
particular admin agency.
 Proceeds from a particular statute or
ordinance creating the individual
agency.
 Applies only to such agency.

Question 3

What are the kinda of Admin law?

Answer 3

1) Statutes setting up admin authorities either by:
 creating boards, commissions, and admin
officers or
 confiding the powers and duties to existing
boards, commission or officers to:
• amplify,
• execute,
• supervise the operations of, and
• determine controversies arising under
particular laws in the enactment of
which the legislature decided for matters
of convenience or for quicker or more
efficient administration to withhold the
controversies, at least in the first
instance, from the courts of law.
2) Rules, regulations or orders of such
administrative authorities enacted and
promulgated in pursuance of the purposes for
which they were created or endowed.
3) Determinations, decisions and orders of such
admin authorities made in the settlement of
controversies arising in their particular fields
4) Body of Doctrines and decisions dealing with
the creation, operation, and effect of
determinations and regulations of such admin
authorities.

Question 4

What is the scope of administrative law?

Answer 4

1) Body of statutes which sets up admin agencies
and endows them with powers and duties.
2) Body of rules, regulations, and orders issued by
admin agencies.
3) Body of determinations, decisions and orders of
such admin authorities made in the settlement of
controversies arising in their respective fields.
4) Body of doctrines and decisions dealing with the
creation, operation and effect of determinations
and regulations of such admin agencies.

Question 5

What is the Nature of Administration?

Answer 5

 Administration may be viewed either as a
function or as an organization.

Question 6

What is Administation as a function?

Answer 6

 It is the execution, in non-judicial matters, of
the law or will of the state as expressed by the
competent authority. It is the activity of the
executive officers of the gov’t taken in this
narrow but proper sense.
 It is the government in action as opposed to
deliberation of the rendering of judicial decision
and can be found in all the manifestations of
executive action.
 This has to do with carrying the laws into effect
– their application to the current affairs by way
of management and oversight, including
investigation, regulation and control, in
accordance with and in execution of the
principles prescribed by the lawmaker.

Question 7

What is Administration as an Organization?

Answer 7

 It is that group of aggregate persons in whose
hands, the reigns of government are for the time
being.
 Indicates the entire administrative organization
extending down from the Pres to the most
humble of his subordinates. It is the totality of
the executive and administrative authorities