291877581-Administrative-Law-Reviewer-Atty-Gallant-Soriano-Habana-Notes-1.pdf

ADMINISTRATIVE LAW – Chapters 1 to 3

CHAPTER I INTRODUCTION ADMINISTRATIVE LAW ADMINISTRATIVE 1. The entire system of laws under which the machinery of the State works and by which the State performs all government acts 2. The law which provides the structure of government and prescribes its procedure; the law which controls or is intended to control the administrative operations of the government; the law of governmental administration 3. That part of public law which fixes the organization and determines the competence of the administrative authorities, and indicates to the individual, remedies for the violation of his rights 4.a. That branch of modern law under which the executive department of government acting in a quasi-legislative or quasi judicial capacity, capacity, interferes with with the conduct of the individual for the purpose of promoting the well-being of the community, as under laws regulating public corporations, business affected with a public interest, professions, trades and callings, rates and prices, laws for the protection of the public health and safety and the promotion of the public convenience and advantage 4.b. That system of l egal principles to settle the conflicting claims of executive and administrative authority on the one hand and of individual or private rights on the other 4.c. The law concerning the powers and procedures of administrative agencies including specially the law governing judicial review of administrative action 5. That part of the law which governs the organization, functions, and procedures of administrative agencies of the government to which (quasi) legislative powers are delegated and (quasi) judicial powers are granted, and the extent and manner to which such agencies are subject to control by the courts

Habana Notes 2014-2015

Professor: Atty. Gallant Soriano

ADMINISTRATIVE ADMINISTRA TIVE AUTHORITIE AUTHORITIES S All those public officers officers and organs of the the government that that are charged with the amplification, application and execution of the law, but do not include, by virtue of the doctrine of the separation of powers, Congress and the regular courts. ELEMENTS OF ADMINISTRATIVE LAW (Pound Definition) 1. Branch of Public Law 2. Executive Department 3. Quasi-Legislative & Quasi-Judicial Capacity 4. Interferes with Conduct of Individual 5. Promotion of Well-being of the community ORIGIN AND DEVELOPMENT OF ADMINISTRATIVE LAW 1. RECOGNITION AS DISTINCT CATEGORY OF LAW Under the Anglo-American system, administrative law is not one of the traditionally recognized parts of the law. However, it is only in the last few decades with the r apid expansion of administrative agencies and their increased functions that a substantial body of jurisprudence has developed in the field and general recognition has been given to “administrative law” as a distinct category of l aw 2. MULTIPLICATION OF GOVERNMEN GOVERNMENT T FUNCTIONS Originally, the government government had but few functions as there were but few activities to regulate and control. But as modern life became more complex, the subjects of government regulations correspondingly increased, which, which, in turn caused a multiplication of government functions, necessitating an enormous expansion of public administration. And so the legislature had to create more and more administrative bodies, boards or tribunals specialized in the particular fields assigned to them and to which the legislature and the courts were found out not to be equipped to administer properly and efficiently 3. GROWTH AND UTILIZATION OF ADMINISTRA ADMINISTRATIVE TIVE AGENCIES Administrative law developed as the natural accompaniment accompaniment of the growth of administrative agencies and their utilization in response to the needs of a changing society

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(A) It has developed from a combination of forces, some pressing on the legal system from without, and some others from within, and it is, in effect, a major response of the law to the complexities of a modern age. To a large extent, administrative law has developed in response to the need for broad social or governmental control over complex conditions and activities which in their detail cannot be dealt with directly in an effective manner by the legislature or the judiciary. It has as its dominant purpose the promotion and conservation of the interests and convenience of the public (B) The theory which underlies a good part of administrative law is that the issues with which it deals ought to be decided by experts, and not by a judge, at least not in the first instance, or until the facts have been sifted and arranged 4. FUSION OF DIFFERENT POWERS OF GOVERNMENT IN ADMINISTRATIVE AGENCIES Administrative law, then, resulted from the increased functions of government, the recent tremendous growth in administrative agencies, and the fact that the agencies created in this period of growth were much more than conventional administrative officials such as had existed under earlier legislation (A) With their extensive investigation, rule-making, and adjudicating powers, these administrative agencies represent a provocative fusion of different powers of government (B) They are vested with the power to promulgate rules and regulations to better carry out some legislative policies, and to decide on controversies within the scope of their activities. The laws which created administrative agencies, the rules and regulations promulgated y them, and the body of decisions that they have from time to time rendered in the adjudication of cases brought before them, now constitute the bulk of administrative law 5. A LAW IN THE MAKING Administrative law is still in its formative stages and is being developed as part of our traditional system of law. The administrative process and its agencies are newcomers in the field of law but administrative agencies are now established as very important



tribunals in the administration of justice, making decisions sometimes of vast importance and equal to matters determined by the courts A substantial part of the principles of administrative law in the Philippines is derived from American and English jurisprudence on this branch of law. It has persuasive, though not controlling, force in our jurisdiction. ADMINISTRATIVE PROCESS It includes the whole of the series of acts of an administrative agency whereby the legislative delegation of a function is made effectual in particular situations It embraces matters concerning the procedure in the disposition of both routine and contested matters, and the matter in which determinations are made, enforced and reviewed ADVANTAGES OF ADMINISTRATIVE P ROCESS 1. ADVANTAGES OF ADMINISTRATIVE ADJUDICATION AS COMPARED WITH EXECUTIVE ACTION Congress has resorted to the administrative process as an alternative to executive action not only in the matter of benefits (patents, public lands, and social security), but also in the fields of tax administration, labor relations, public utilities and securities market regulations, and others 2. LIMITATIONS UPON THE POWERS OF COURTS Congress has entrusted the administration of some laws to administrative agencies in cases where such functions involve discretion with respect to future conduct and hence, will not be undertaken by the courts 3. TREND TOWARDS PREVENTIVE LEGISLATION The desire for more effective and more flexible preventive remedies has been a factor in the creation of many administrative agencies 4. LIMITATIONS UPON EFFECTIVE LEGISLATIVE ACTION Instead of delegating rule-making power, Congress could, in principle, incorporate regulatory details into the statutes. But even in such cases, and aside from the comparative advantages of

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congressional and administrative action, there are limitations inherent in the legislative process which make it a practical impossibility for Congress to do all the things it theoretically could do If Congress failed to delegate wide powers to administrative agencies, it might lose itself in details to the detriment of its indispensable functions of determining basic policy and holding administrative agencies accountable for net results 5. LIMITATIONS UPON EXCLUSIVELY JUDICIAL ENFORCEMENT Even where Congress could rely upon the courts for enforcement of its policies, the many courts would vary in their application of the law. Since the courts could not take the initiative in enforcement, that initiative would fall to the many prosecutors or law enforcement agencies, or, to private individuals

CRITICISMS ON ADMINISTRATIVE ACTION

ADVANTAGES

Gives room for prompt and preventive action/remedy

DISADVANTAGES

Tendency towards arbitrariness - results to abuse

TA

RAP

Cost-efficient proceedings and speedy delivery - representation by counsel is not required

Lack of legal knowledge and aptitude in sound judicial technique - results to errors in judgment

LAK

CEPS

In the former case, there would be no uniformity in the policy of initiation whereas in the latter case, i ndividuals would bear a burden and expense which, rightly or not, the policy of modern government imposes upon them. On the other hand, a single administrative agency can assume the responsibility for enforcement and can develop, subject to judicial review, uniform policies in the carrying out of that responsibility

Accountability and responsibility due to the trust and confidence reposed by political patrons

6. ADVANTAGES OF CONTINUITY OF ATTENTION AND CLEARLY ALLOCATED RESPONSIBILITY Administrative agencies have the time and facilities to become and to remain continuously informed, and they can be given unified responsibility for effectuating the broad policies laid down by Congress

Not restricted/governed by technical rules and procedures - dispose cases more expeditiously, which then prevents an influx of cases to regular courts

Disregard for the safeguards that insure a full and fair hearing

Flexibility

Absence of standard rules of procedure suitable to the activities of each agency - results to inconsistency

AR

Susceptibility to political bias or pressure, often brought about by uncertainty of tenure - results to political patronage, which affects impartiality and compromise independence

SUP

DISH

NORT

7. NEED FOR ORGANIZATION TO DISPOSE OF VOLUME OF BUSINESS AND TO PROVIDE THE NECESSARY FUNDS

FLEX

Continuity of attention & clearly

ABS

DACT

Dangerous combination of

TEXPF


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allocated responsibility results to technical expertise on particular fields



legislative, executive, and judicial functions - results to totalitarian powers

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CHAPTER II NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES ADMINISTRATIVE AGENCY The term used generally to describe an agency exercising some significant combination of executive, legislative, and judicial powers. It is a government body charged with administering and implementing particular legislation (1) It covers boards, commissions, divisions, bureaus, and departments, and the somewhat less familiar designations of “office” and “authority” (2) The term is usually employed to denote the functionaries with which administrative law is concerned NATURE OF ADMINISTRATIVE AGENCIES To a large extent, the status and character of administrative agencies depend on the terms of the constitutional or statutory provisions creating them and the powers, rights, duties, liabilities, or functions conferred on them. 1. AS PUBLIC OR GOVERNMENTAL AGENCIES While their exact status and character are thus variable, generally they may be said to be agencies of the state or government (A) They represent no private interests of their own (B) They have authority to act with the sanction of the government (C) They form the agency take, or the function it performs is not determinative of the question whether it is an agency, although it may be significant with respect to other related questions 2. AS JUDICIAL BODIES OR COURTS Administrative agencies are not courts or part of the judicial system in a strict sense (A) The mere fact that a statute setting up a commission and the rules of procedure adopted by such commission provide a mode of procedure conforming in many respects to the regular practice of courts, or the fact that the commission possesses and exercises certain powers and functions



resembling those conferred upon and exercised by courts, does not in itself render the commission a court a. Administrative agencies cannot exercise purely judicial functions, do not have the inherent powers of a court, are not bound in their proceedings by all the rules applicable to proceedings in court, and do not come within the statute prohibiting injunction to constitute courts or against proceedings “in any court” of a state b. Certain administrative agencies may be held not to constitute courts or judicial bodies because their function is not to adjudicate impartially but to represent a public interest, because of their investigatory and inquisitorial powers, or because they exercise commingled legislative, executive, and judicial functions (B) Administrative agencies exercising adjudicatory powers are judicial bodies or courts in a broad sense. They exercise powers judicial in nature and perform the same functions as a court would perform in their absence, and their proceedings partake of the nature of judicial proceedings (C) Administrative agencies are primarily regulatory even if it conducts hearings and decides controversies to carry out this duty. On the other hand, the primary duty of a judicial body is to adjudicate upon and protect the rights and interests of private parties and to that end, construes and applies the law 3. AS LEGISLATIVE OR EXECUTIVE AGENCIES While administrative agencies are separable from the judicial branch of the government, at least by a “quasi”, they are not in all instances clearly attributable to either of the other 2 branches (A) Administrative agencies may be said to be arms and instrumentalities of the legislative branch of the government, and may perform functions of a legislative or quasilegislative character, although they are without legislative power in the strict sense. 4. AS INDEPENDENT OR SUBORDINATE BODIES A body whose actions are subject to administrative review

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5. AS CORPORATE BODIES OR LEGAL ENTITIES With legal capacity to sue and be sued in courts MAIN CHARACTERISTICS OF ADMINISTRATIVE AGENCIES 1. SIZE 2. SPECIALIZATION 3. RESPONSIBILITY FOR RESULTS 4. VARIETY OF ADMINISTRATIVE DUTIES NOTE: The consequence for such characteristics is the delegation of function and authority TYPES OF ADMINISTRATIVE AGENCIES 1. Those created to function in situations wherein the government is offering some gratuity, grant, or special privilege 2. Those set up to function in situations wherein the government is seeking to carry on certain functions of government 3. Those set up to function in situations wherein the government is performing some business service for the public 4. Those set up to function in situations wherein the government is seeking to regulate business affected with public interest 5. Those set up to function in situations wherein the government is seeking under the police power to regulate private businesses and individuals 6. Those set up to function in situations wherein the government is seeking to adjust i ndividual controversies because of/imbued with some strong social policy involved


B. SPECIAL BODIES OR AGENCIES 1. Constitutional Commissions a. Civil Service Commission b. Commission on Elections c. Commission on Audit * Office of the Ombudsman * Commission on Human Rights ORGANIZATION OF THE OFFICE OF THE PRESIDENT A. OFFICE OF THE PRESIDENT PROPER 1. Private Office 2. Executive Office 3. Common Staff Support System 4. Presidential Special Assistants/Advisers System B. AGENCIES UNDER THE OFFICE OF THE PRESIDENT DEPARTMENT An executive department created by law, which includes any instrumentality having or assigned the rank of a department, regardless of its name or designation BUREAU Any principal subdivision or unit of any department. It shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices

ADMINISTRATIVE ORGANIZATION The administrative structure of the government including its political subdivisions and the allocation of powers, functions, and duties t o its various units or agencies A. TRADITIONAL BRANCHES 1. Congress – Legislative Power 2. President – Executive Power 3. Supreme Court, and in such lower courts as may be established by law – Judicial Power


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CHAPTER 3 POWERS & FUNCTIONS FUNCTION That which one is bound to do (e.g. regulate public transport system by LTFRB) POWER Means by which a function is fulfilled (e.g. adjudicatory and rule-making powers) SOURCES OF FUNCTIONS AND POWERS 1. Constitution – Powers & Functions are defined in the constitution (e.g. Constitutional Commissions; Art. 9) 2. Legislation – left and defined by legislation (e.g. NBI[RA157]; June 19, 1947) 3. Constitution & Legislation (e.g. Ombudsman; Art. 9, Sec. 5 of the 1987 Constitution as well as RA 6770, Nov. 17, 1989) SCOPE OF POWERS 1. Administrative Officers have only such powers as are expressly granted them by the statute and those necessarily implied in the exercise thereof. CASE: Makati Stock Exchange vs SEC (14 SCRA 620)


a. Inspect Records & Premises b. Investigate activities of persons/entitites coming under its jurisdiction c. Require disclosure of information by means of accounts, records, reports, testimony of witnesses 2. Quasi-legislative/Rule-making 3. Quasi-judicial/Adjudicatory B. AS TO DEGREE OF CHOICE 1. Discretionary 2. Ministerial DISCRETION The power or right conferred upon them by law of acting officially under certain circumstances, according to the dictates of their own judgment and conscience, and not controlled by the judgment or conscience of others MINISTERIAL ACT One performed in response to a duty which have been positively imposed by law and its performance required at a time and in a manner or upon conditions specifically designated, not being dependent upon the of ficer’s judgment or discretion

2. Unless Administrative Bodies are expressly empowered, Administrative Agencies are bereft of quasi-judicial powers CASE: Taule vs Santos 3. Laws conferring powers are liberally construed to enable Administrative Agencies to discharge their duties in accordance with the legislative purpose CASE: Solid Homes vs Payawal CLASSIFICATION OF POWERS A. AS TO NATURE 1. Investigatory/Inquisitorial


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INVESTIGATORY POWERS a. power to carry out a systematic or formal inquiry b. on violation of laws c. and to gather information on proposed legislation

EXTENT & SCOPE OF INVESTIGATORY POWERS

JUDICIAL FUNCTION a. power to adjudicate b. upon rights and obligations of parties JUDICIAL DISCRETION a. power to evaluate evidence submitted to it b. on the facts and circumstances presented

SCOPE

EXTENT

CASE

Initiation of Investigation (examine, explore, inquire)

On complaint or own motion

Villaluz vs Zaldivar (15 SCRA 710)

Conduct of Investigation (audit, physical investigation, monitor)

May be held in private

Ruiz vs Drilon (209 SCRA 695)

TEST OF JUDICIAL FUNCTION a. It is not the exercise of judicial discretion b. but the power and authority to adjudicate c. upon the rights and obligations of parties before it PRINCIPLES OF INVESTIGATORY POWERS 1. To investigate is NOT to adjudicate/adjudge CASE: Cariño vs Commission on Human Rights

PURPOSES OF GRANT OF INVESTIGATORY POWERS

Informationgathering

Sec. 18, Art. 13 of the 1987 Constitution Sec. 1, RA 157

CHR NBI

Prosecution Purposes

Sec. 13, Art. 11 of the 1987 Constitution

Public Prosecutor’s Office Ombudsman

Aid to other powers

Sec. 5(a & d), RA 8799

SEC


Secretary of Justice vs Lantion

RATIO Power of control of President may extend to power to investigate, suspend or remove officers and employees who belong to the executive department (presidential appointees) Respondent in administrative case is not entitled to be informed of the findings & recommendations of investigating committee Due process rights of notice and hearing may be invoked at evaluation stage of extradition proceedings Note: Sec. of Justice vs Lantion is an exemption because of its peculiarity

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Pefianco vs Moral

Inspection & Examination (routine inspection for enforcement of regulations)

No search warrant required; conduct inspection during reasonable hours

Camara vs Municipal Court (387 US 523)

Salazar vs Achacoso

Respondent in administrative case is not entitled to be informed of the findings & recommendations of i nvestigating committee There was no emergency demanding immediate access. Yet no warrant was obtained No search wrrant is required but inspection must be conducted during reasonable hours Art. 38 of the Labor Code which grants the Secretary of Labor authority to issue orders of arrest, search and seizure, is unconstitutional because the Secretary is not a judge Probable cause must be determined personally by the


Accounts, Records, Reports or Statements

Attendance of witnesses

Access to documents of person being investigated

No inherent power to: a) require attendance b) put under oath; require to testify (witnesses)

Catura vs CIR

Evangelista vs Jarencio

judge 1. Documents required to be produced constitutes evidence of most solid character as to whether or not there was failure to comply with mandates of the law 2. Accounts, Records, Reports, or Statements may be required to be delivered & deposited with administrative body at the hearing 1. Subpoena is within legal competence of PARGO to issue pursuant to EO4(5) which empowered it to “summon witnesses... relevant to the investigation” 2. It is common for statute to confer such powers on Administrative

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Hearing (Procedures for Conduct)

Contempt Proceedings (Failing to appear/Refusing to produce document when required)

May be held but not necessary part of investigation Requisites: 1. Statutory grant 2. AA is performing quasi-judicial functions


OCA vs Canque

Carmelo vs Ramos (Sec. 580 of RAC)

Agencies In Administrative Agencies, formal/trial type hearing is not required Power to punish contempt must be expressly granted to Administrative Body *Comparative analysis of Bedol case and Masangcay case

Bedol vs COMELEC Masangcay vs COMELEC

Rules of Procedure and Evidence

Administrative Angtibay vs Agencies are CIR given wide latitude

When COMELEC exercises ministerial function, it cannot exercise the power to punish contempt because such power is inherently judicial in nature Technical Rules of procedure and evidence are not strictly applied in administrative proceedings

Gaoiran vs Alcala


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291877581-Administrative-Law-Reviewer-Atty-Gallant-Soriano-Habana-Notes-1.pdf

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