Administrative Law

Administrative Law

CHAPTER 1

Administrative law- that branch of public law which fixes the organization of government, determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights (Goodnow).

Constitutional law versus Administrative law• Constitutional law
1. prescribes the permanent framework of the system of government
2. prescribes the limitation on the exercise of governmental power
3. assigns to the different departments their respective powers and duties
4. establishes certain fixed first principles on which the government is founded
5. supplies the general plan of governmental organization.
6. Lays emphasis on the rights of the citizen

• Administrative law
1. Prescribes to the individuals relief against violation of their rights
2. sees that this plan carried out
3. fixes and regulates the activity of the administrative organization of the government
4. determines the competence of administrative authorities and the rule of law that governs their activity
5. Lays stress on the duties of the citizens to the government.

Scope of administrative law:
1. Covers all the portion of the public law of the land concerning executive and administrative officials.
2. Deals with the enforcement and execution of the laws on the state, its powers and duties, the law of public officers, their election, appointment and removal, their rights, duties and liabilities
3. Covers the public corporations, the law that provides for the grant of rights, privileges and bounties of government to private individuals.
4. Cover the legal principles and doctrines laid down by the courts relating to the enforcement of statues regulating private affairs
5. Deals with the methods of enforcement of those statutes.

Purpose of administrative law:• The protection of private rights-the nature and mode of exercise of administrative power and the system of relief against administrative action.

Function of administrative law:• To make the government machinery work well and in an orderly manner

Kinds of Administrative Law:
1. Statues setting up administrative authorities
2. Body of doctrines and decisions dealing with the creation, operation and effect of determinations and regulations of administrative authorities
3. Rules, regulations, or orders of such administrative authorities enacted and promulgated in pursuance of the purpose for which they were created or endowed;
4. Determination, decisions and orders of such administrative authorities made in settlement of controversies arising in their particular fields.

CHAPTER 2
ADMINISTRATIVE BODIES IN THE PHILIPPINES

Administrative body- is a body composed of one or more officials designed to carry on certain business of government to:
1. Dispense certain services or privileges accorded by government
2. Regulate certain public callings
3. Promote general welfare through police regulations
4. Determine rights of individuals in certain case where a strong social policy is involved
5. Use a varying degree of discretion in arriving at decisions
6. Exercise powers in accordance with pre-determined policy.

Administrative body versus court• Administrative body:
1. Generally large organization, staffed by men who are deemed to become something of experts in their particular fields;
2. Has variety of functions
3. Uses varying degree of discretion in arriving at decisions and often proceeds without being bound by the technical rules of evidence and procedure
• Court:
1. A tribunal which is impartial, open to all alike presided by one or more jurist learned in the law, removed from passing pressure of politics and prejudiced
2. Has only one function-judicial
3. Governed by a fixed principle in arriving at its decision.

Principle of Primary Jurisdiction• Courts have no brooding superintendence over such administrative agencies unless there is a clear and convincing proof that the agency has acted arbitrarily and capriciously as to amount to a grave abuse of discretion. In such a case the court should intervene to protect public interest or private rights.

Test to determine whether a certain body or agency is administrative or judicial:• A body or agency is administrative where its function is primarily regulatory even if it conducts hearing and determines controversy to carry out its regulatory duty. It is judicial if its primary duty is to decide legal rights between private parties affecting their property or liberty.

Types of administrative bodies:
1. Bodies set up to function in situations wherein the government is offering some gratuity, grant or special privileges.(ex. Bureau of Lands, bureau of Public works, social welfare administration, Philippine Veterans Administration and the board of Pensions for Veterans)
2. Bodies set up to function in situations wherein the government is seeking to carry on certain business of government (ex. BIR, Bureau of Customs, the Board of Special Inquiry, the Commission on Immigration and the Tariff commission).
3. Bodies set up to function in situations wherein the government is seeking to regulate business affected with public interest (ex. The Philippine National railways, the National Waterworks and Sewerage Authority, the Bureau of post).
4. Bodies set up to function in situations wherein the government is seeking to regulate business affected with public interest (ex. LTO Commission)
5. Bodies set up to function in situations wherein the government is seeking under the police power to regulate business and individuals (ex. SEC, the different Board of examiners, the Bank Commission, the Board of Food inspections, the patent office).
6. Bodies set up to function in situation wherein he government is seeking to adjust individual controversies because of some strong social policy involved (ex. NLRC, Courts of Agrarian Relations, ECC and the different offices of the department of labor).
7. Administrative bodies set up to make government a private party (ex. COA an GSIS).

Creation and establishment of Administrative bodies• Created by or receive thei5r powers from constitutional provisions, but most of them have their source in legislative enactments.

Reorganization and dissolution of Administrative bodies• Administrative bodies owe their existence from the congress which can abolish, change or reorganized them to better achieve the purpose for which they are created.

CHAPTER 3
POWER OF ADMINISTRATIVE BODIES

Powers of administrative bodies my be classified into:
1. Quasi-legislative or the rule making power
• The power of making rules and regulation to govern a certain subject.

Different categories of rule and regulations that may be promulgated by administrative bodies:
a. Those that are intended to supply the details of legislation
b. Those that are intended to interpret or construe the particular law or statue being enforced
c. Those that are intended to determine some fact or state of things upon which the enforcement of the act shall depend.

2. Quasi-judicial or the power of adjudication• A duty which the law in words or by implication commits to any officer to look into facts and act upon them not in a way which it specifically directs but on discretion judicial in its nature.

3. Discretionary and ministerial• Discretionary-Where the administrative body or officer is given authority to do any act but not required to do such act, the doing of the same being dependent upon his sound discretion.
• Ministerial- the officer or tribunal performs in a given state of fact, in a prescribed manner, in obedience to the mandate of a legal authority without regard to the exercise of his own judgment, upon the propriety or impropriety of the act done.

4. Investigatory and inquisitorial powers
• The power to inspect or to secure or to require the disclosure of information by means of accounts, records or otherwise.
It consist of:
a. The issuance of subpoena
b. The swearing in of the witnesses
c. The interrogation of witnesses
d. The calling for production of books, papers and records
e. Requiring that the books, papers, and records be made available for inspection
f. Inspecting premises
g. Requiring written answers to questionnaires
h. Requiring reports, periodic or special
i. Requiring the filing of statements.

5. Determinative power:
a. Enabling power• The power of permitting or allowing something which the law undertakes to regulate to be done with approval. It is manifested in the granting or denial of licenses to engage in a particular business or occupation.
b. Directing powers• Includes corrective power, power or assessment, fixing of awards, power of abstract determination such as definition, valuation classification and fact finding.
c. Dispensing powers• Consist of the granting of exemption form or relaxing of a general prohibition. It may also exercised to relieve an individual or corporation from an affirmative duty.
d. Examining powers• Also called the investigatory powers which consist in requiring the production of books, papers, records for inspection, the attendance of witnesses and compelling their testimony and the filing of statements.
e. Summary powers• The power to apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action

CHAPTER 4
PROCEEDINGS BEFORE ADMINISTRATIVE BODIES

Requisites of due process in administrative proceedings
1. The tries of the facts shall be an impartial tribunal legally constituted to determine the rights involved
2. No finding shall be made except upon due notice and opportunity to be heard
3. That the procedure at the hearing shall be consistent with essentials of fair trial
4. It shall be conducted in such a way that there will be opportunity for a court to determine whether the applicable rules of law and procedure were observed.

Cardinal rights of a person appearing before an administrative body:
1. The right to a hearing which includes the right to present ones case and submit evidence in support thereof
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
4. The evidence must be substantial
5. The decision must ne rendered on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected
6. The tribunal or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision
7. The tribunal should, in all controversial questions, render its decision in such a manner that the parties to the proceedings can determine the various issues involved and the reason for the decision rendered.

Instances where notice and hearing in administrative proceedings are not required:
1. The arrest of criminal offenders’ before the filing of charges against them
2. The distraint of property of delinquent taxpayers
3. The granting of preliminary attachment ex parte
4. The issuance o f preliminary injunctions ex parte
5. The suspension of officers or employees pending an investigation
6. Removal of an acting employee
7. Cancellation of a passport

CHAPTER 5
EXHAUSTION OF ADMINISTRATIVE REMEDIES

Doctrine of Exhaustion of Administrative remedies• Where the law provides for the remedies against the action of an administrative board, body or officer, relief to court against such action cab be sought only after exhausting all the remedies provided for.

Purpose of the doctrine:
1. To compel parties to an administrative proceeding to avail themselves of all the administrative remedies on hand
2. To save the parties from a long, tedious litigation in court and expenses to be incurred there from
3. To help prevent clogging of the court dockets.

Exemptions to the principle of Exhaustion of administrative remedies:
1. When the decision is rendered by a department secretary the aggrieved party may directly go to court without appealing the decision of the Department head to the president
2. Where the only question to be settled is a purely legal one and nothing of an administrative nature is to be done
3. Where the action of the administrative officer is clearly and obviously devoid of any color of authority, the aggrieved party may forthwith see the protection of the court notwithstanding his failure to appeal form the action of the department head
4. When the administrative body is in estoppels to invoke exhaustion of administrative remedies
5. If its application will cause great and irreparable damage
6. Where insistence on its observance would result in the nullification of the claim being asserted
7. Where exhaustion of administrative remedies result in denial of due process

CHAPTER 6
REVIEW OF ADMINISTRATIVE DECISIONS

Administrative decisions can only be set aside on proof of:
1. Gross abuse of discretion
2. Fraud
3. Error of law

When may courts review administrative decisions:
1. To determine the constitutionality or validity of any treaty law, ordinance, executive order or regulation
2. To determine the jurisdiction of any administrative board, commissioner or officer
3. To determine any other question of law
4. To determine question of facts when necessary to determine either:
a. A constitutional or jurisdictional issue
b. The commission of abuse of authority
c. When the administrative fact-finding body was unduly restricted by an error of law