Administrative Law Defnition -“Intereres with the conduct o th the e in indi divi vidu dual al o orr th the e pu purp rpos ose e o promo mottin ing g th the e wel elll-b -bei eing ng o the community,, as under laws regulating community public public inter interest est,, proe proess ssion ions, s, trader traders s and callings, rates and prices, laws or the the prot protec ecti tion on o publ public ic heal health th and and saety saety,, and the promo promotio tion n o publi public c convenience.”
Fundamental Characteristics The defnition embodies undamental characteristics dministrative law!
the o
"irst, it sugg "irst, suggest ests, s, corre correctl ctly, y, that that this this feld o law is a #$%$&T D$'$()*+$&T econd , it liewi econd, liewise se indica indicates tes the two ma/or ma/or powers powers o the admin administ istrat rative ive agency, to wit, its 01I-($2I(TI'$ 1T3)#IT4 or rule-maing power and its 01I-5 -51 1DI%I( *)6$# or ad/udicatory unction unction and Third, it annou Third, announc nces es both both the the )75$%T and %)*$ o d dmin minist istrat rative ive (aw, (aw, which which is essent essential ially ly the regulatio regulation n o private right or public welare .
To To reiterate, reiterate, dministrative dministrative (aw is a #$%$&T D$'$( D$'$()*+$&T )*+$&T,, being a cons conse8 e8ue uenc nce e o the the ever ever increasing comp co mple le9i 9iti ties es o so soci ciet ety y and the prolieration o problems o government that that cann cannot ot readi eadily ly or e:ectively be addressed by the public agencies or solved by other disciplines o public law.
It was was elt elt that that the legis legislat lative ive and and /udi /udici cial al depa depart rtme ment nts s no lo long nger er had ha d ei eith ther er th the e ti time me or th the e nee eede ded d e9pe perrti tis se to at atte ten nd to the hes se new problems. Thus, the obvious solution was D$($2TI)& )" ($2I(TI'$ *)6$#. *)6$# .
WHAT IS THE ORIGIN AND !STIFICATION !STIFICATION OF AD"INSTRA AD"INSTRATI#E TI#E LAW$ The origin o dministrative dministrative (aw is in ($2I(TI)&.. ($2I(TI)& Its /ustifcation is $;*$DI$&%4.. $;*$DI$&%4
E#OL! E#OL!TION TION OF LAW
AD"INIST AD"INISTRA RATI#E TI#E
Administ Administrativ rative e Law evolved as a by bye-p e-pro roduc ductt o the pub public lic law because o the growing socioeconomic unctions and increasing power o the 2overnment. This This branch branch o law has seen immense growth during the <= th century because o the drastic changes in the role and unctions o the tate.
The tate changed rom being a poli po lice ce st stat ate e e9 e9er erci cisi sing ng so sove verrei eign gn unction into a welare state seeing securi sec urity ty and we wela lare re o th the e com common mon public.
WHAT WHAT IS AD"INISTRATION$ dminis dmin istra tratio tion n is unders understoo tood d in two senses!
>. Institution ? reers to the aggregate o individuals in whose hands the reins o government are or the time being. It reers to the persons who actually run the government or their prescribed terms o o@ce.
INTERNAL #S% AD"INISTRATION
E&TERNAL
The broad scope o administrative law covers those o internal as well as those o e9ternal administration. The ormer considers the legal aspects o public administration as a going concern. It covers those rules defning the relations o public unctionaries inter se Abetween or among themselvesB and embraces the whole range o the law o public o@cers. The latter reers to the legal relations between administrative authorities and private interests.
hand sees to spare individuals rom punishments o the law by persuading him to observe its commands.
AD"INISTRATI#E FRA"EWOR' t the ape9 o the administrative ramewor o the #epublic o the *hilippines, as provided in the >CE dministrative %ode, is the 2)'$#&+$&T )" T3$ #$*17(I%. The government o the #epublic o the *hilippines reers to the corporate governmental entity through which the unctions o the government are e9ercised throughout the *hilippines including the various arms through which political authority is made e:ective in the *hilippines.
Includes in the G(vernment are a)encies and instrumentalities% A*ictures o %ebu %apitol, upreme %ourt building, *2%)#, 3ome Development +utual "und or *ag-I7I2B
LOCAL GO#ERN"ENT AD"INISTRATION DISTING!ISHED FRO" LAW Law is impersonal command providedwith sanctions to be applied in case o violation, while dministration is preventive rather punitive and is accepted to be more personal than law. Law maintains a watchul eye on those who would violate its order. 6hile administration on the other
It reers to the political and territorial subdivisions established in accordance with the %onstitution.
NATIONAL GO#ERN"ENT It reers to the entire machinery o the central government Aconsisting o the legislative, e9ecutive and /udicial departmentsB, as distinguished rom the di:erent orms o local
governments. s such, it is not synonymous with the term “2overnment o the #epublic o the *hilippines.”
DISTING!ISH AGENC* INSTR!"ENTALIT*
AND
It reers to any o the various units o 2overnment, including a department, bureau, o@ce, instrumentality, or 2)%%, or a local government o a distinct unit therein.
Instrumentalit+ It reers to any agency o the &ational 2overnment, not included within department ramewor.
Similarit+ $ither o them is a means by which the government acts, or by which a certain governmental act or unction is perormed.
A)encies (r instrumentalities (, the G(vernment are classi-ed. (r
ometime with and at other times without capital stoc, are vested by law with /uridical personality distinct rom the personality o the #epublic. $9ample! &ational *ower %orporation
A)encies
(r
Those not vested with a /uridical personality distinct rom the #epublic, endowed by law with some i not all corporate powers $9ample! ugar dministration
A)enc+
Inc(r/(rated A)encies instrumentalities
N(n0inc(r/(rated instrumentalities
#egulatory
There is &) *#%TI%( DITI&%TI)& between an instrumentality and agency, or all however, may be made with respect to those entities possessing a separate charter created by statute.
uthority ? used to designate either incorporated and non-incorporated agencies or instrumentalities o the government.
2)%% ? any agency organiFed as stoc or non-stoc corporation vested with unctions relating to public needs whether governmental or propriety in nature, and owned by the government directly or indirectly or through its instrumentalities, either wholly or where applicable, as in case o stoc corporations, to the e9tent o at least GH o its capital stoc.
STAFF 1!REA! #S% LINE 1!REA! Sta2 1ureau 3 primary perorms policy, program development and advisory unctions.
Line 1ureau 3 directly implements programs adopted pursuant to department policies and plans.
I, created 4+ the C(nstituti(n itsel, 5 the administrative 4(d+ can 4e altered (r a4(lished (nl+ 4+ C(nstituti(n% 1ut where the 4(d+ was created (nl+ 4+ statute5 the le)islature that 4reathed li,e int( it can amend (r even re/eal its charter5 there4+ resultin) in its a4(liti(n which is 6usti-ed i, made in )((d ,aith%
REORGANI7ATION The legislature usually e9ercises the power to create or abolish by delegating it to the *resident or to another e9ecutive o@cer or body. The means by which the legislature maes the delegation is by authoriFing REORGANI7ATION%
