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I. General Concepts - Coggle Diagram

- - - - DISTINGUISHED FROM OTHER KINDS OF LAW
        
        FROM INTERNATIONAL LAW - International law is not binding upon officers of any government EXCEPT when it has been adopted into the administrative law of the state. | Admin law lays down the rules which guides officers in administration and their actions as agents of the government.
        
        FROM CONSTITUTIONAL LAW - Administrative law is the necessary supplement for Constitutional law as it fixes/regulates the administrative organization of the government
        
        FRAMEWORK - Con law prescribes general plan or framework of governmental organization. Admin law goes regulates specifics of this framework.
        
        RIGHTS - Con law establishes rights of individuals. Admin law views rights from the perspective of the government.
        
        LIMITATIONS - Con law prescribes limitations on the powers of government to protect individual rights. Admin law indicates remedies for violation of such rights.
        
        FROM CRIMINAL LAW - Crim law consists of a body of penal sanctions which are applied to all branches of law. Thus, administrative law can fall under the scope of penal law..
        
        FROM PUBLIC ADMINISTRATION - Public administration deals with practical management and direction of various State organs and execution of state policies. Admin law refers to the external aspect of public administration. (?)
        
        PRINCIPAL SUBDIVISIONS OF ADMINISTRATIVE LAW - Admin law covers internal and external administration.
        
        INTERNAL ADMINISTRATION - Concerns legal relations between government and its administrative officers as well as relations between administrative officers and other officers/admin organs.
        
        Examples - Legal qualifications for office, disqualifications, appointment tenure, removal, compensation, etc.
        
        EXTERNAL ADMINISTRATION - Refers to legal relations between administrative authorities and private interests. Can be further subdivided into four parts.
        
        SURVEY - Of powers and duties of administrative authorities that relate directly to private interests.
        
        SCOPE - and limitations of said powers.
        
        SANCTIONS - Either the sanctions prescribed, their enforcement or means of determination of applicable sanctions.
        
        REMEDIES - Analysis of available remedies against administrative actions.
        
        CLASSIFICATION OF ADMINISTRATIVE LAW
        
        AS TO SOURCE - These can be subdivided into:
        
        CREATOR - Laws that control administrative authorities such as the Constitution, Executive orders, judicial decisions, etc.
        
        CREATED - Law made by administrative authorities such as general regulations and particular determinations (quasi-judicial)
        
        AS TO PURPOSE - Refers to either substantive or procedural admin law.
        
        AS TO APPLICABILITY - Distinction here because of the breadth of administrative law. Here, division is for practical reasons.
        
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        PROCEDURAL - Laws that establish the procedure for which an agency must/may follow in the pursuit of its legal purpose.
        
        SUBSTANTIVE - Laws that establish the primary rights and duties that are the subject of administration.
      - PRIVATE RIGHTS - Administrative law's chief concern is the protection of private rights. This is because it covers the nature and mode of exercise of administrative power (through which rights are governed) and the system of relief against administrative action.
        
        DELEGATED & COMBINED POWERS - Admin law concerned with officers and agencies exercising delegated powers NOT constitutional powers of the President. Administrative agencies wield delegated legislative and judicial powers while being part of executive. This setup has risk of violating separation of powers, thus need for administrative law regulation.
      - Constitutinality - Proper phrasing is w/n it is not unconstitutional
- - - - Definition of Public Officers (Preclaro v. Sandiganbayan) - A public officer, as defined in Sec. 2b of RA 3019 INCLUDES but is not limited
        
        ELECTIVE AND APPOINTIVE - officials and employees,
        
        PERMANENT OR TEMPORARY - whether in the classified or unclassified or exemption service receiving compensation, even nominal, from the government.
        
        Notably, the terms “classified, unclassified or exemption service” refers to non-career service which is defined by the 1987 Administrative Code and PD 807 as covering various personnel classifications which includes contractual personnel.
        
        Prohibition Against Elective Officials (FUNA V. CIVIL SERVICE COMMISSION) -
        
        GR - Section 7, Article IX-B Consti - elective officials cannot take any other position during their tenure unless allowed by law or primary functions of their position
        
        XCPN - Section 13, Article VII - Pres, Vp, Cabinet members and deputies and assisstants cannot engage in their profession or business due to conflict of interest unless provided in the constitution.
      - Incorproated and Unincorporated Instrumentalities (Iron and Steel Authority v. CA) -
        
        Corporate Instrumentalities – Refers to agencies or instrumentalities of the government that have separate juridical personality from the government. Here, the consequences of the expiration are determined by the charter of the agency and the Corporation code
        
        Unincorporated Instrumentalities – agencies or instrumentalities that do not have a distinct juridical personality. When the statutory term expires for the unincorporated agency, assets, liabilities, powers, duties and functions revert back to the state unless other provision of law dictates.
    - - Appeals from Administrative Agencies (Luzon DBP v. Assoc of Luzon DBP) - BP 129 Sec. 9 provides that the CA has exclusive appellate jurisdiction over decisions of quasi-judicial agencies or quasi-judicial instrumentalities.
        
        Housing and Land Development Projects (Balicas v. Fact Finding) - The responsibility of monitoring housing and land development projects is not lodged with the DENR, but with the HLURB as the sole regulatory body for housing and land development.
- - - - Executive Privilege (AKBAYAN) v. AQUINO) -
        
        GR/Presumption - Document falls under executive privilege
        
        XCPN - Party seeking disclosure is able to establish a public interest that calls for the disclosure of the desired information, strong enough to overcome its traditionally privileged status.
        
        Collateral Attacks (INTERNATIONAL SERVICE v. GREENPEACE) - It is the policy of the SC to avoid ruling on constitutional questions and to presume that the acts of the pollical departments are valid, absent a clear and unmistakable showing to the contrary. This is done in deference to the doctrine of separation powers, assuming that the acts of the executive department were carefully studied and found to be in accord with the Constitution before they were enacted and approved.
        
        Constitutional Commissions;Fiscal Autonomy (CHR EMPLOYEES ASSOCIATION VS CHR) - Art. IX of the Constitution specifically provides that only the CSC, COMELEC and the Commission on Audit are designated as constitutional commissions with fiscal autonomy. This is supported by Chapter 5, Sections 24 and 26 of Book II of the Administrative Code which includes only the CSC, COMELEC and COA in its classification of constitutional commissions with fiscal autonomy. Thus, the following enumerations eliminate the designation of the CHR as a constitutional commission with fiscal autonomy.
      - President's Power to Reorganize (Biraogo v. The Philippine Truth Commission) - The power to reorganize does not allow for the creation of new offices or bodies. It refers to The power to reorganize contemplated by Sec. 31 of the Administrative Code contemplates the following limits:
        
        RESTRUCTURING - the internal organization of the Office of the President Proper by abolishing, consolidating or merging units thereof or transferring functions from one unit to another;
        
        TRANSFERRING FUNCTIONS - under the Office of the President to any other Department/Agency or vice versa; or
        
        TRANSFERRING AGENCIES - under the Office of the President to any other Department/Agency or vice versa
      - Requisites of Valid Abolition (KAPISANAN NG MGA KAWANI NG ENERGY REGULATORY BOARD v. COMMISSIONER FE BAR) - The abolition of an office is a question of legislative intent. A valid order of abolition must both come from A LEGITIMATE BODY but also made in good faith.
        
        Good Faith – An abolition is made in good faith when it is not made for political/personal reasons OR when it does not circumvent the constitutional security of tenure of civil service employees.
        1a. Grounds for Abolition – May be done through economy, redundancy or a clear and explicit constitutional mandate for the termination of such employment.
        
        Bad Faith – When one office is abolished and replaced with another office vested with similar functions, the abolition is a legal nullity, having been done in bad faith.
        2b. Effect of Void Abolition - The incumbent is deemed to have never ceased holding office
  - - - Purpose of Reorganization (Sinon v. Civil Service Commission) - to promote economy and efficiency.
        
        Abolition (Bagaoisan v. National Tobacco Administration) -
        
        GR - the power to abolish a public office is lodged with the legislature.
        
        XCPN – Bureaus, Agencies or Offices in the executive department may be reorganized pursuant to the power of control or authority under law.
        2a. Valid Reorganization – A valid reorganization must be carried out in good faith. It is in good faith if it is for the purpose of economy or efficiency.
        
        Good Faith Reorganization (National Land Titles and Deeds Registration Administration v. Civil Service Commission) -
        
        SUBSTANTIAL DIFFERENCE - newly created office has substantially new, different or additional functions, duties or powers, so that it may be said in fact to create an office different from the one abolished, even though it embraces all or some of the duties of the old office it will be considered as an abolition of one office and the creation of a new or different one.
        
        ECONOMY - If one office is abolished and its duties, for reasons of economy are given to an existing office or office.
        
        Bad Faith – RA 6656 provides for circumstances which may be considered bad faith in reorganization.
        
        SIGNIFICANT INCREASE - in the number of positions in the new staffing pattern of the department or agency concerned;
        
        SUBSTANTIALLY THE SAME - office is abolished and another performing substantially the same functions is created;
        
        SUBSTANTIALLY THE SAME;CLASS - classification of offices in the department or agency concerned and the reclassified offices perform substantially the same functions as the original offices, and
        
        LESS QUALIFIED - Incumbents are replaced by those less qualified in terms of status of appointment, performance and merit;
        
        REMOVAL - violates the order of separation
        
        Power of Appointment (Larin v. Executive Secretary) - Presidential appointees, are under the direct disciplining authority of the president. The power to appoint under Art. VII, Sec. 16 of the Constitution also comes with the power to remove.
        
        Power of Removal – The power to remove is not absolute. Under the 1987 Administrative Code, career service has security of tenure. In contrast, non-career service is co-terminous with that of the appointing authority or limited to a particular period or duration specified by law or the project.
        
        Limits of Power to Abolish/Reorganize (Eugenio v. Civil Service Commission) - Abolition and reorganization is a legislative function that must be validly delegated. Any authority to reorganize is limited only to offices under the control of office/agency reorganizing.
        
        Security of Tenure and Reorganization (Domingo v. DBP) - the issue of security of tenure never arises as there is no dismissal or separation that occurs. Instead, the position itself ceases to exist. So long as the reorganization is done with authority and in good faith, there is no violation of security of tenure.
      - Scope of Power to Reorganize –
        
        GR - authority of the President to reorganize the office of the President is limited to the mere transfer of functions or agencies from the Office to Departments or agencies.
        
        XCPN - Office of the President Proper - the President has the power to abolish, consolidate, merge or transfer the functions of units. This is necessarily broader than the power to reorganize the office of the President
        
        Continuing Power to Reorganize (Larin v. Exec Sec) - It is Presidential Decree No. 17729 which amended Presidential Decree No. 1416. These decrees expressly grant the President of the Philippines the continuing authority to reorganize the national government, which includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities and to standardize salaries and materials
      - Power of Control (Anak Mindanao Party-List Group v. Executive Secretary) - The Constitution confers the power of control over executive departments, bureaus, and offices solely with the President. The power of control of the President means that they have the authority to directly assume the functions of the executive department, bureau and office or interfere with the discretion of its officials. This Constitutional grant of the power of control then justifies executive action to reorganize under a broad authority of law.
    - - IV.A. In General
        
        IV. B. Power Presumed. Presumption of Regularity of Performance of Functions
        
        IVC. Quasi-Legislative Power or Rule-Making Power.
        
        IVC.1. Requisites for Validity of Administrative Rules and Regulations
        
        Publication (GMA NETWORK V. MTRCB) - Sec. 3, Book VII of the Administrative Code of 1987 expressly requires each agency to file with the ONAR of the UP Law Center three certified copies of every rule adopted by it. As a consequence, administrative issuances which are not published nor filed with the ONAR are ineffective and cannot be enforced.
        
        Administrative Due Process COMMISSIONER OF CUSTOMS V. HYPERMIX - A legislative rule is in the nature of subordinate legislation designed to implement a primary legislation by providing its details. It also substantially increases the burden of those governed, thus it behooves the agency to accord the chance to be heard to those who would be directly affected and thereafter be duly informed before the new issuance is given the force and effect of law. On the other hand, when an administrative rule is merely interpretative in nature, its applicability needs nothing further than its bare issuance for it gives no real consequences more than what the law has already prescribed.
        
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        Effectivity; Publication REPUBLIC V. PILIPINAS SHELL - Under Sec 3, Chapter 2, Book VII of the Administrative Code, rules in force on the date of the effectivity of the Code which are not filed within 3 months from this date shall not therefore be the basis of any sanction against any party or person.
        Tanada v. Tuvera, it was held that administrative rules and regulations must also be published if their purpose is to enforce or implement an existing law pursuant also to a valid delegation. These requirements of publication and filing were put in place as safeguards against abuses on the part of lawmakers and as guarantees to the constitutional right to due process and to information on matters of public concern and, therefore, require strict compliance.
        
        General Rule, Non-Delegability (US V. BARRIAS) - that the power conferred upon the legislature to make laws cannot be delegated by that department to any body or authority. Where the sovereign power of the State has located the authority, there it must remain. Such delegated power is not only a right but also a duty to be performed by the delegate through the
        
        Exception to Delegation PEOPLE V. VERA - The exceptions in the Constitution include the delegation of legislative power to the President for the imposition of tariff rates and import or export quotas and the President’s power to promulgate rules and regulations during times of war.
        
        Test for Undue Delegation
        EASTERN SHIPPING LINES V. POEA & ABAKADA v. PURISIMA - the exercise of “power of subordinate legislation” which is an act of the legislature to give administrative agencies authority to issue rules to carry out the general provisions of the statute. There are two tests that must be satisfied.
        
        COMPLETENESS TEST - which requires that the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is enforce it.
        
        SUFFICIENT STANDARD - test which requires that there be guidelines or limitations in the law to map out the boundaries of the delegate’s authority and prevent the delegation from running riot. Both tests are intended to prevent a total transference of legislative authority to the delegate, who is not allowed to step into the shoes of the legislature and exercise a power essentially legislative.
        
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        Administrative Interpretations (PBCOM V. CIR) - While judicial decisions applying or interpreting statutes form part of the legal system of the country, administrative decisions do not enjoy this same level of recognition. Rules and regulations issued by administrative officials to implement a law cannot go beyond the terms and provisions of the latter. Furthermore, the State cannot be estopped by the mistakes and errors of its agents
        
        Limits of Delegation (RE: ENTITLEMENT TO HAZARD PAY OF SC MEDICAL AND DENTAL CLINIC PERSONNEL) - the rule-making power delegated to an administrative agency is limited and defined by the statute conferring the power. Rules and regulations made by the executive are not supposed to be a substitute for the general policy making power of Congress. Although administrative regulations are entitled to respect, the authority to prescribe rules and regulations is not an independent source of power to make laws.
        
        Definition of Presumption of Regularity (PEOPLE V. JOLLIFFE) - The (rebuttable) presumption of regularity in the performance of administrative duties is when an act that has been completed is presumed to be have been done in the manner prescribed and by an officer authorized by law to do so.
        
        Nature and Non-Interference BEAUTIFONT V. CA - a strong presumption respecting the correctness of the acts and determinations of administrative agencies like the BOI that courts have adopted a policy of non-interference unless there be a clear showing of arbitrariness or a serious and palpable error. This presumption is particularly strong with administrative agencies vested with quasi-judicial agencies like the BOI.
        
        Respect for Interpretation TATAD V. GARCIA - the determination by the proper administrative agencies and officials who have acquired expertise, specialized skills and knowledge in the performance of their functions should be accorded respect absent any sign of grave abuse of discretion. Government officials are presumed to perform their functions with regularity and strong evidence is necessary to rebut this presumption
        
        Effect of Presumption of Innocence People v. Sanches - Jurisprudence has afforded a high premium on the presumption of innocence of the accused over the presumption of regularity. Judicial reliance on the presumption despite any hint of irregularity in the procedures undertaken by the agents of the law will thus be fundamentally unsound because such hint is itself affirmative proof of irregularity.
        
        Effect of Presumption on Officers, Torts SANDERS V. VERIDIANO - . As a general rule, the mere allegation that a government official is being sued in their personal capacity does not automatically remove the protection of the law granted to public officers and those covered by state immunity. Similarly, the mere invocation of official character will not protect public officers from liability for an act imputed to them as a personal tort committed without or in excess of their authority
        
        Mistakes - mistakes done by public officers are not actionable per se as long as it is shown that they were not motivated by malice or gross negligence amounting to bad faith. This is because public officers are presumed to have acted in good faith.
        
        Creation of Municipal Corporations (PELAEZ V. AUDITOR GENERAL (1965) - Creation of municipal corporations is a strictly legislative function. BUT, fixing of common boundaries may be administrative in nature so long as valid delegation.
        
        Non-Interference in LGC - CONST. Art. X, president's authority over LGC's is only general supervision. Only to check if they perform duties in accordance with the law, cannot interfere with LGC's acting scope of authority.
        
        Administrative Supervision and Control (KILUSANG BAYAN V. DOMINGUEZ) - Administrative supervision and control is limited to the authority of the department or its equivalent to generally oversee the operations of such agencies and insure that they are managed effectively, efficiently and economically but without interference with day-to-day activities. This means power to suspend/cancel registration does not imply power to take-over and oust incumbent officers.
        
        Scope of Administrative Officer's Power (MAKATI STOCK EXCHANGE V. SEC) - An administrative officer such as the SEC only has powers that are expressly granted to it by the statute and those necessarily implied in the exercise thereof. SEC only has general power to regulate, not prohibit.
        
        Imposition of Administrative Fines (RCPI V. NATIONAL TELECOMMUNICATIONS COMMISSION ) - NTC had no authority to impose administrative fines on public services for rendering deficient services to customers. Under CA 146, the law which created NTC, NTC had power to impose fines but such power is limited to violations against the terms and conditions of certificates, orders, decisions or regulations of the PSC.
        
        Legislative Franchises (SENATOR JAWORSKI V. PAGCOR ) - A legislative franchise is a special privilege granted by the State to corporations. It cannot be shared by a franchise recipient with another. it is the Congress that prescribes the conditions of the franchise such as its mode of conducting the business and the quality of service to be rendered in clear and unequivocal language. The grantee must then abide and strictly adhere to the franchise’s terms and conditions.
        
        Interpretation of Grant of Power (MATIENZO V. ABELLERA) - In determining whether a board or commission has a certain power, the authority given should be liberally construed in the light of the purposes for which it was created, and that which is incidentally necessary for a full implementation of the legislative intent. Where the end is required, the appropriate means are deemed given.
        
        Non-Interference - the Court does not interfere with an administrative action prior to its completion or finality. It is only after the finality of such wherein the court can ascertain whether the administrative action is not in violation of the law, whether they are free from fraud or imposition and whether they find substantial support from evidence
        
        Requisite of Express Grant of Power (COOPERATIVE DEVELOPMENT AUTHORITY V. DOLEFIL AGRARIAN REFORM) - CDA’s charter only grants it purely administrative functions such as policy making and registration. There is no express grant of authority to adjudicate cooperative disputes, rather it only has the power to mediate and conciliate disputes under Sec. 8 of RA 6939
        
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        Administrative Authority;Not Included (EO 292 S. 38)
        
        APPOINTMENTS - and other personnel actions in accordance with the decentralization of personnel functions under the Code, except when appeal is made from an action of the appointing authority, in which case the appeal shall be initially sent to the department or its equivalent, subject to appeal in accordance with law;
        
        CONTRACTS - entered into by the agency in the pursuit of its objectives, the review of which and other procedures related thereto shall be governed by appropriate laws, rules and regulations; and
        
        POWER TO REVIEW (Quasi-Judicial) - review, reverse, revise, or modify the decisions of regulatory agencies in the exercise of their regulatory or quasi-judicial functions; and