Philippine Administrative Law by Ruben Agpalo Chapter 1
INTRODUCTORY
GENERALLY Administrative Law Internal Admin External Admin
embraces all the law that controls, or is intended to control, the administrative operations of government legal aspects of public administration as a going concern legal relations between administrative authorities and private interests
KINDS OF ADMINISTRATIVE LAW (a) statutes setting up admin Four Kinds of authorities Administrative (b) the body of doctrines and Law decisions dealing with the creation, operation, and e ffect of determinations and regulations of such admin authorities (c) rules and regulations of such admin agencies (d) determinations, decisions and orders of such admin authorities involve the regulation and control over the conduct and affair of individuals for Administrative their own welfare and the promulgation of rules and regulations to better car ry Functions out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its existence DEFINITIONS Government of the Republic of the Philippines Agency of the Government Instrumentality
refers to the co rporate governmental entity through which the functions of government are exercised throughout the P hilippines refers to any of t he various units the Government, including a department, bureau, office, instrumentality, or a government-owned or -controlled corporation, or a local government refers to any agency of the National Government, not integrated within the department framework and vested with special functions functions or jurisdiction by law
CREATION AND ABOLITION OF AGENCIES Public Office refers to either two concepts: 1) a functional unit of government, such as a department or bureau 2) a position held or occupied by individual persons, whose functions are defined by law or regulation Creation - created by the Commission or by law or by an officer or tribunal to which the power to create the office has been delegated by the legislature - except such offices as are created by the Constitution, the creation of public offices is primary a legislative action
President; Constitutional Commissions: Commission on Elections, Civil Service Commission, the Commission on Human Rights and the Commission on Audit; the Office of the Ombudsman; the National Economic and Development Authority; and the National Police Commission The power to establish an office includes the authority to abolish it. Abolition POWER TO REORGANIZE INCLUDES POWER TO CREATE OR ABOLISH OFFICES - process of restructuring the bureaucracy’s organizational and functional setReorganization up, to make it more viable in terms of economy, efficiency and effectiveness, and make it more responsive to the needs of its public clientele as authorized by law - the legislative power to reorganize – and, therefore, to abolish offices – applies to all offices, including lower courts, except only to those created by the Constitution itself Constitution
PRESIDENT’S POWER TO REORGANIZE The legislature has granted the President the power to reorganize offices under the executive department. under this provision, the President is authorized to e ffect organizational SEC 62 OF changes, including the creation of offices in the department or agency RA 7645 concerned Granted the President of the Philippines the continuing authority to recognize PD 1416 & 1772 the national government, which includes the power to group, consolidate bureaus and agencies, to abolish offices, to tr ansfer functions, to create and classify functions, services and activities, and to standardized salaries and materials The Constitution provides that “all laws, decrees, executive orders, proclamations, letters of instructions and other executive issuances not inconsistent with this Constitution shall remain operative until amended, repealed or revoked. The exercise of the power of reorganization or abolition of offices must be made in good faith; otherwise, the same may be declared invalid. As a general rule, a reorganization is carried out in good faith, if it is for the purpose of economy or to make bureaucracy more efficient. POWER OF OTHER AGENCIES TO ORGANIZE; LIMITATIONS Removal No officer or employee in the career service shall be removed except for valid cause and after a due notice and hearing. Due process is violated where there is absolute absence of notice and the lack of opportunity to be heard. Where there is valid reorganization, the abolition of a position does not involve Tenure or mean removal because removal implies that the post subsists and that one is merely separated therefrom. After abolition, there is in law no occupant. Thus, there can be no tenure to speak of. Officers and employees who are separated from the service as a result of a valid reorganization are entitled to separation and other retirement benefits accruing them by reason of the termination of their services.
A dismissed employee can be considered as not having left his office only upon reinstatement and should be given comparable position and compensation at the time of reinstatement. A reorganization has been regarded as invalid if it is pursued in bad faith. Bad faith is a state of mind affirmatively operating with furtive design or with some motive of self-interest or ill will or for an ulterior purpose. A reorganization is improper or invalid when effected w ithout observing the prescribed priorities in retention and separation of the per sonnel concerned.
Bad Faith
OTHER LIMITATIONS ON POWER TO REORGANIZE General rule is that the power to reorganize the executive offices granted by Quasi-Judicial law to a reorganization commission does not include vesting an admin body the Authority quasi-judicial authority to adjudicate certain claims which ordinarily come within the jurisdiction of regular courts Attached Offices The power granted to an executive agency to reorganize itself covers only offices falling under said agency and not those attached ther eto. (Eugenio vs. CSC) REASONS FOR CREATION OF ADMINISTRATIVE AGENCIES 1) To unclog court dockets. Four Reasons for Specialized agencies have been created to hear and decide particular Creating disputes. Specialized 2) To meet the growing complexities Admin Agencies of modern society. 3) To help in the regulation of ramified activities of a developing country. 4) To entrust to specialized agencies in specified fields with their special knowledge, experience and capability the task of dealing problems therof as they have the experience, expertise and power of dispatch to provide solutions thereto. Reasons for the 1) the need for special competence delegation of and experience quasi-judicial 2) clogged dockets of courts authority
Chapter 2
POWERS OF PUBLIC OFFICERS
GENERALLY 3 Distinct Branches of the Government Separation of Powers Legislative Power Judicial Power
It is the duty of the legislature to make the law’ of the executive to execute the law; and of the judiciary to construe the law. does not prohibit the delegation of some powers to the administrative agencies, empowering them to exercise administrative, investigatory, rulemaking or adjudicatory functions the power to make, alter, and repeal laws the authority to settle judicial co ntroversies or disputes involving rights that are
enforceable and demandable before the courts of justice or the redress of wrongs for violations of such rights POWERS OF ADMINISTRATIVE AGENCIES, GENERALLY - logically fall under the executive department Power of - granted by the legislature with administrative, executive, investigatory, Administrative legislative or judicial powers or a com bination of these, as exceptions to the Agencies general rule against delegation of power - have powers which are administrative and sometimes ministerial; quasilegislative or quasi-judicial; powers which are expressly granted or necessarily implied. EXPRESS AND IMPLIED POWERS: GENERALLY Public officials possess powers, not rights. There must be a g rant of authority, whether express or implied, to justify any action taken by t hem. In the absence of a valid grant, they are devoid of power. A public official must locate in the statute relied upon a grant of power before he can exercise it. It need not be express. It may be implied from the wording. power expressly granted of statutes Express Power DOCTRINE OF NECESSARY IMPLICATION Implied Powers - those necessarily implied in ,and therefore of le sser degree than, the power granted. It cannot be extended to other matters not embraced therein, nor incidental thereto Doctrine of states that what is implied in a statute is as much a part therof as that which is Necessary expressed Implication one that is so strong in its probability that the contrary thereof cannot ‘Necessary reasonably be supposed Implication’ GRANT OF POWER INCLUDES INCIDENTAL POWER The statutory grant of power includes incidental powers. As a rule, a general power is conferred or duty enjoined, every particular power necessary for the exercise of one or the performance of the other is also conferred. Thus, the power to establish an office includes the authority to abolish it, unless there are constitutional provisions expressly or impliedly providing otherwise. GRANT OF POWER EXCLUDES GREATER POWER The principle that the grant of power includes all incidental powers necessary to make the exercise thereof effective implies the exclusion of those which are greater than that conferred. Thus, the power to investigate does not include the power to adjudicate, nor decide cases as courts or quasi-judicial bodies. LIMITATIONS ON THE GRANT OF POWER The statutory grant of power does not include, by implication, such power as the exercise of w hich will violate the Constitution, the statute conferring the power, or other laws on the subject.
The former should instead be reconciled with, or must give way to, the latter. Thus, the power of the President to appoint carries with it the power to remove Presidential appointees who serve at his pleasure, but excludes the power to remove career permanent presidential appointees as they enjoy security of te nure under the Constitution, except for cause and after due process. GRANT OF JURISDICTION AND WHAT IS IMPLIED THEREFROM Jurisdiction to hear and decide cases, which involves the exercise of adjudicatory power, is conferred only by the Constitution or by statute. An administrative agency cannot grant itself jurisdiction to decide a particular matter by issuing the appropriate rules and regulations in the exercise o f its quasi-legislative power, where the enabling statute does not so confer. Jurisdiction cannot be implied from the language of a statute, in the absence of a clear legislative intent to that effect. Problems as to whether an administrative agency has jurisdiction over certain matters arise when the language of the law is not clear. (GTEB vs. CA) REMEDY IMPLIED FROM A RIGHT Where there is a right, there is a remedy for violation thereof. The existence of a right in favour of a person implies a corresponding obligation on the part of another who violates such right, and entitles t he former to a remedy to assure its observance and vindication. The fact that the statute is silent as to the remedy does not preclude him from vindicating his right, for such remedy is implied from such r ight. ILLEGALITY OF ACT IMPLIED FROM PROHIBITION Where a statute prohibits the doing of an act, the act done in violation thereof is by implication null and void. MINISTERIAL AND DISCRETIONARY POWERS: MINISTERIAL POWER - one which is so clear and specific as to leave no room for exercise of discretion Ministerial Duty in its performance. - one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to t he mandate of legal authority, without regard to the existence of his own judgement, upon the propriety or impropriety of the act done. MINISTERIAL DUTY DISTINGUISHED FROM DISCRETIONARY POWER requires the exercise of judgment Discretionary Duty If the law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed, such duty is discretionary and not m inisterial. The duty is ministerial only when the discharge of t he same requires neither the exe rcise of official discretion nor judgment. DISCRETIONARY POWER
faculty conferred upon a court or o ther official by which he may decide a question either way and still be right An officer to whom discretion is entrusted c annot delegate it to another, the presumption being that he was chosen because he was deemed fit and competent to exercise that judgement and discretion, and unless the power to substitute another in his place has been given to him, he cannot delegate his duties to another. Discretion
MANDATORY AND PERMISSIVE DUTIES AND POWERS GENERALLY Mandatory - a statute which contains words of command or of prohibition Statute Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. - a statute which is merely operates to confer discretion upon a person, namely, Discretionary to act accordingly to the dictates of his own judgement and conscience Statute TEST TO DETERMINE NATURE OF STATUTE If no substantial rights depend on a statute and no injury can result from ignoring it, then the statute will be regarded as direct ory; but if not, it will be mandatory.
Chapter 3
POWER OF CONTROL, SUPERVISION AND INVESTIGATION
PRESIDENT’S POWER OF CONTROL Sec 17, Art VII of provides that “President shall have control of all the executive departments, the 1987 Consti bureaus, and offices. He shall ensure that the laws be faithfully executed.” Power of Control - power to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute his judgement with that of the latter. The power of control under the constitutional provision implies the right of the President to interfere in the exercise of such discretion as may be vested by law in the officers of the executive departments, bureaus or offices of the national government. LIMITATION’S ON THE PRESIDENT’S CONTROL POWER The Power of 1) the abolition or creation of an Control does not executive office include the 2) the suspension or removal of following: career executive officials or em ployees without due process of the law 3) the setting aside, modification, or supplanting of decisions of quasi-judicial agencies PRESIDENT’S POWER OF SUPERVISION Power of - power of overseeing or power to see that the officials concerned perform their supervision duties, and if they later fail or neglect to fulfil them, to take such action or steps as prescribed by law to make them perform their duties. POWER OF INVESTIGATION:
EXECUTIVE POWER OF INVESTIGATION The President has the power to order the conduct of investigation for a number of purposes, such as for all administrative function for a number of purposes, such as for all administrative functions, rule-making and adjudication. The President may make investigations, not only in the procee dings of a legislative or judicial nature, but also in proceedings whose sole purpose is to obtain information upon which future action of a disciplinary, administrative, legislative or judicial nature may be t aken. (Evangelista v. Jarencio)
Chapter 4
QUASI-LEGISLATIVE POWER
LEGISLATIVE POWER Legislative Power
- the power to male, alter, and repeal laws. The Constitution provides that “the legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to extent reserved to the people by the provision on initiative and referendum. The doctrine of separation of powers prohibits the delegation of purely legislative power.
DELEGATION OF LEGISLATIVE POWER TO THE PRESIDENT The doctrine of separation of powers does not, however, absolutely prohibit delegation of legislative power. - makes the delegation of legislative power to the President, the Supreme Constitution Court, and the local government units - Sec 23(2) and 28(2) of Article VI Administrative also delegates to the President certain ordinance powers, in the form of presidential issuances Code of 1987 - those which the President issues in the exercise of his ordinance power. They Presidential include executive orders, administrative orders, proclamations, memorandum Issuances orders, and general or special orders. Executive Orders acts of the President providing for rules o f a general or permanent characte r in implementation or execution of constitutional or statutory powers acts of the President which relate to particular aspects of governmental Administrative operations in pursuance of his duties as admin head Orders Proclamations acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend acts of the President on matte rs of administrative detail or of subordinate or Memorandum temporary interest which only concern a particular officer or office of the Gov. Orders acts of the President on matte rs relating to internal administration which the Memorandum President desires to bring to the attention of all or some of the departments, Circulars agencies, bureaus or offices of the Government, for information or compliance General or acts and commands of the President in his capacity as Commander-in-Chief of Specific Orders the Armed Forces of the Philippines RULE-MAKING POWER, GENERALLY
Rule-making Power of Administrative Agencies
- refers to the power to issue rules and regulations which result from de legated legislation in the administrative level - a relaxation of the principle of separation of powers and is an exception to the non-delegation of legislative powers
DISTINGUISHED FROM QUASI-JUDICIAL POWER an action in the form of a general rule for the future to govern the public at Legislative Act large an action which results from investigation, declaration and enforcement of Judicial Act liabilities as they stand on present or past facts and under existing laws KINDS OF RULE-MAKING POWER 3 Types of Rule1) Rule-making by reason of particular delegation of authority making Powers - the power to issue rules and regulations which have the force and effect o f of Administrative law Agencies 2) Rule-making by the construction and interpretation of a st atute being administered - the power of administrative agencies to interpret and construe the statutes entrusted to them for implementation 3) Determination of facts under a de legated power as to which a statute shall go in effect - refers to the ascertainment of facts which will form the basis for t he enforcement of a statute DELEGATION OF LEGISLATIVE POWER: DELEGATION OF LEGISLATIVE POWER; REASONS THEREFOR - refers to the grant of authority by the legislature to administrative agencies to Delegation of issue rules and regulations concerning how the law entrusted to them for Legislative implementation may be enforced Power - delegated authority to issue rules and regulations to carry out the provisions Power of of a statute Subordinate - with this power, admin agencies may implement broad policies laid down in a Legislation statute by ‘filling in’ the details which the Congress may not have the opportunity or competence to provide Reasons for the - the increasing complexity of the t ask of government - the growing inability of the legislature to cope directly with the myriad Delegation problems demanding its attention (need for experts to comprehend problems of society WHAT CANNOT BE DELEGATED those which are purely legislative in nature: - making, altering and repealing of a law - the determination of legislative policies and objectives to be achieved - the formulation and promulgation of a defined and binding rule of conduct WHAT MAY BE DELEGATED
- the discretion as to how the law shall be enforced - to issue rules to fill in details - to ascertain facts on which the law will operate - to exercise police power - to fix rates The rule is that what has been delegated cannot be delegated to other s. TESTS FOR VALIDITY OF DELEGATION: COMPLETENESS TEST The law must be complete in all t erms and conditions when it leaves the legislative such that when it reaches the delegate, the only thing he will have to do is to enforce it. A statute may be complete when the subject, the manner, and the extent of its operations are stated in it. The test of completeness is whether the provision is sufficiently definite and certain to enable one to know his rights and obligations; whether it describes what it must be done, who must do it, and the scope of his authority. SUFFICIENT STANDARD TEST There must be adequate guidelines or limitations in the law to map out the boundaries of the delegate’s authority and prevent the delegation from running riot. - must be reasonably adequate, sufficient, and definite for t he guidance of Standard administrative agency in the exercise of t he power conferred upon it and must also be sufficient to enable those affected to know their rights and obligations. - may be found within the framework of the statute - may be found in other pertinent legislation, or an executive order - simplicity and dignity, public interest, public welfare, interest of law and order, Adequate justice and equity, adequate and efficient instruction, public safety, public Standards as policy, greater national interest, protect the local consumer by stabilizing and held by Court subsidizing domestic pump rates, and promote simplicity, economy and efficiency in government - fair and equitable employment practices In Edu v. Ericta and Calalang v. Williams, involve the exercise of police power . Police power is so pervasive in the promotion of health, morals, peace safety, and general welfare as to be illimitable, which is inherent in the state. A general or board standard, such as safety or public interest or welfare, is sufficient as guide for the exercise of the delegated power.
