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Administrative Law

Definition -Interferes with the conduct


of the individual for the purpose of
promoting the well-being of the
community, as under laws regulating
public interest, professions, traders
and callings, rates and prices, laws for
the protection of public health and
safety, and the promotion of public
convenience.

Fundamental Characteristics
The
definition
embodies
fundamental
characteristics
Administrative law:

the
of

First, it suggests, correctly, that this


field
of
law
is
a
RECENT
DEVELOPMENT;
Second, it likewise indicates the two
major powers of the administrative
agency, to wit, its QUASI-LEGISLATIVE
AUTHORITY or rule-making power and
its
QUASI-JUDICIAL
POWER
or
adjudicatory function; and
Third, it announces both the OBJECT
and SCOPE of Administrative Law,
which is essentially the regulation of
private right for public welfare.

To reiterate, Administrative Law


is a RECENT DEVELOPMENT, being a
consequence of the ever increasing
complexities of society and the
proliferation
of
problems
of
government that cannot readily or
effectively be addressed by the public
agencies or solved by other disciplines
of public law.

It was felt that the legislative


and judicial departments no longer
had either the time or the needed
expertise to attend to these new
problems.
Thus, the obvious solution was
DELEGATION OF LEGISLATIVE POWER.

WHAT
IS
THE
ORIGIN
AND
JUSTIFICATION OF ADMINSTRATIVE
LAW?
The origin of Administrative Law is in
LEGISLATION.
Its
justification
is
EXPEDIENCY.

EVOLUTION
LAW

OF

ADMINISTRATIVE

Administrative Law evolved


as a bye-product of the public law
because of the growing socioeconomic
functions and increasing power of the
Government. This branch of law has
seen immense growth during the 20 th
century because of the drastic
changes in the role and functions of
the State.

The State changed from being a


police state exercising sovereign
function into a welfare state seeking
security and welfare of the common
public.

WHAT IS ADMINISTRATION?
Administration is understood in two
senses:

1. Institution refers to the


aggregate of individuals in
whose hands the reins of
government are for the time
being. It refers to the persons
who
actually
run
the
government for their prescribed
terms of office.

INTERNAL
VS.
ADMINISTRATION

EXTERNAL

The
broad
scope
of
administrative law covers those of
internal as well as those of external
administration.
The former considers the legal aspects
of public administration as a going
concern. It covers those rules defining
the relations of public functionaries
inter
se
(between
or
among
themselves) and embraces the whole
range of the law of public officers. The
latter refers to the legal relations
between administrative authorities
and private interests.

hand seeks to spare individuals from


punishments of the law by persuading
him to observe its commands.

ADMINISTRATIVE FRAMEWORK
At
the
apex
of
the
administrative framework of the
Republic of the Philippines, as
provided in the 1987 Administrative
Code, is the GOVERNMENT OF THE
REPUBLIC.
The government of the Republic
of the Philippines refers to the
corporate governmental entity through
which the functions of the government
are
exercised
throughout
the
Philippines including the various arms
through which political authority is
made effective in the Philippines.
Includes in the Government are
agencies and instrumentalities.
(Pictures of; Cebu Capitol, Supreme
Court
building,
PAGCOR,
Home
Development Mutual Fund or Pag-IBIG)

LOCAL GOVERNMENT
ADMINISTRATION DISTINGUISHED
FROM LAW
Law
is
impersonal
command
providedwith sanctions to be applied
in
case
of
violation,
while
Administration is preventive rather
punitive and is accepted to be more
personal than law.
Law maintains a watchful eye on
those who would violate its order.
While administration on the other

It refers to the political and


territorial subdivisions established in
accordance with the Constitution.

NATIONAL GOVERNMENT
It refers to the entire machinery
of the central government (consisting
of the legislative, executive and
judicial departments), as distinguished
from the different forms of local

governments. As such, it is not


synonymous
with
the
term
Government of the Republic of the
Philippines.

DISTINGUISH
AGENCY
INSTRUMENTALITY

AND

It refers to any of the various


units of Government, including a
department,
bureau,
office,
instrumentality, or GOCC, or a local
government of a distinct unit therein.
Instrumentality
It refers to any agency of the
National Government, not included
within department framework.
Similarity
Either of them is a means by
which the government acts, or by
which a certain governmental act or
function is performed.

Agencies or instrumentalities of
the Government are classified:
or

Sometime with and at other


times without capital stock, are vested
by law with juridical personality
distinct from the personality of the
Republic.
Example: National Power Corporation

Agencies

or

Those not vested with a juridical


personality distinct from the Republic,
endowed by law with some if not all
corporate powers
Example:
Sugar
Administration

Agency

Incorporated
Agencies
instrumentalities

Non-incorporated
instrumentalities

Regulatory

There is NO PRACTICAL DISTINCTION


between
an
instrumentality
and
agency, for all however, may be made
with
respect
to
those
entities
possessing a separate charter created
by statute.

Authority used to designate either


incorporated and non-incorporated
agencies or instrumentalities of the
government.

GOCC any agency organized as stock


or non-stock corporation vested with
functions 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 of stock
corporations, to the extent of at least
54% of its capital stock.

STAFF BUREAU VS. LINE BUREAU


Staff Bureau primary performs
policy, program development and
advisory functions.

Line Bureau directly implements


programs
adopted
pursuant
to
department policies and plans.

If created by the Constitution


itself, the administrative body can
be altered or abolished only by
Constitution. But where the body
was created only by statute, the
legislature that breathed life into
it can amend or even repeal its
charter, thereby resulting in its
abolition which is justified if made
in good faith.

REORGANIZATION
The legislature usually exercises the
power to create or abolish by
delegating it to the President or to
another executive officer or body. The
means by which the legislature makes
the delegation is by authorizing
REORGANIZATION.