i.
1 Chairman
Define Administrative Law?
- Branch of modern law under which the
executive department of the government,
acting in a quas-legislative or quasi-judicial
capacity, interferes with the conduct of the
individual for the purpose of promoting the
well-being of the community.
- It is a branch of public law fixing the
organization and determines the competence of
administrative authorities, and indicates the
individual remedies for the violation of the
rights.
ADMINISTRATIVE LAW
 It means that part of the law w/c 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.
CONCEPT OF ADMINISTRATIVE LAW
 It provides the function of subordinate legislation
 It provides the function of power of adjudication
 It provides the function of “determinative powers”
 “Private Law” vs “Public Law”
o Private law: is that branch of law which
regulates the relation among individuals.
(eg. Labor Code of the Philippines
governing er-ee relationship)
o Public law: is that branch of law that
regulates the relation of the state with its
subjects (eg. Revised Penal Code w/c
stipulates the relationship b/n State and its
subjects)
SCOPE OF ADMINISTRATIVE LAW
1) Executive Power
 It shall be vested in the President.
2) Legislative Power
 It shall be vested in the Congress.
 Congress consists of:
i. Senate: 24 members
ii. House of Representatives: 251 members
iii. Party List Representatives: 46
 No. of members in the legislative body = 321
3) Judicial Power
 It shall be vested in 1 Supreme Court and in such
lower courts as may be established by law
 It consists of:
i. Chief Justice: 1 (Maria Lourdes Aranal Sereno)
ii. Associate Justice: 14 members
4) Special Bodies
a. Civil Service Commission
 Composition:
i. 1 Chairman
ii. 2 Commissioners
 Term of Office:
i. Chairman: 7 yrs
ii. Commissioner 1: 5 yrs
iii. Commissioner 2: 3 yrs
b. Commission on Election
 Composition:
i. 1 Chairman
ii. 6 Commissioners
 Term of Office:
i. Chairman: 7 yrs.
ii. Commissioners 1 to 3: 7 yrs.
iii. Commissioners 4 to 5: 5 yrs.
iv. Commissioner 6: 3 yrs.
c. Commission on Audit
 Composition:
ii. 2 Commissioners
 Term of Office:
iv. Chairman: 7 yrs
v. Commissioner 1: 5 yrs
vi. Commissioner 2: 3 yrs
CONCERNS OF ADMINISTRATIVE LAW
1. Private Rights
 Protection of private rights
 Protection of public interest and not vindicate
private rights
 There should be a balance of protection b/n
private rights and public rights.
2. Delegated Powers and Combined Powers
 Delegation of powers to the officers and agencies
of the government
 Not concerned with the constitutional powers of
the President
SCOPE OF THE ADMINISTRATIVE PROCESS
 Administrative Process: includes the whole of the
series of acts of an administrative agency whereby
the legislative delegation of a function is mate
effectual in particular situations.
 It covers:
 Procedure in the disposition of routine
administrative matters
 Procedure in the disposition of contested
administrative matters
 Procedure in how administrative matters are
determined
 Procedure in how administrative matters are
enforced
 Procedure in how administrative matters are
reviewed
CRITICISMS AGAINST ADMINISTRATIVE ACTION
“ALS-DAD”
1. Tendency towards Arbitrariness
2. Lack of Legal knowledge
3. Susceptibility to political bias
4. Disregard to fair hearing
5. Absence of standard rules of procedure
6. Dangerous combination of “JEL” functions (Judicial,
Executive, Legislative)
RELATION B/N ADMIN. AGENCIES AND COURTS
 Collaborative Instrumentalities
o Collaboration of admin & judicial process
 Role of Courts
o Accommodate admin.process to traditional
judicial system
o Accommodate private rights and public
interest
o Reconcile standards of fair hearing in the
field of admin.action
 Discharge of judicial role
o Observe proper separation of powers of the
branch of government as per Constitution
o Give due deference of the role of the admin.
Agencies
o Lend powers of the court to the proper
attainment of admin.agency’s objective
o To leave to the legislature or the people the
remedy for admin.action