ADMINISTRATIVE LAW is that branch of public law which fixes the organization of 1.
1. An ADMINISTRATIVE BODY is composed of persons or individuals who are
the government and determines the competence of administrative authorities who
execute the law and makes available to the individual relief against administrative
action.
It is also that branch of public law dealing with the doctrines and principles
governing the powers and procedures of administrative agencies including
especially judicial review of administrative action.
ADMINISTRATIVE AGENCY refers to any governmental authority other than a court
or legislative body performing rule-making or adjudicatory functions.
CONSTITUTIONAL LAW vs. ADMINISTRATIVE LAW
1. CONSTITUTIONAL LAW prescribes the permanent framework of the system of
government and supplies the general plan of governmental organization;
whereas
ADMINISTRATIVE LAW carries into effect the general plan of governmental
organization as prescribed by the Constitution.
2. CONSTITUTIONAL LAW prescribes the limitations on the exercise of
governmental powers so as to protect the rights of individuals against abuse of
such powers; whereas
ADMINISTRATIVE LAW provides for the relief to the individuals should there
be violations of their rights by official government action.
3. CONSTITUTIONAL LAW stresses on the rights of citizens; whereas
ADMINISTRATIVE LAW gives stress on their duties to the government.
ADMINISTRATIVE BODY vs. COURT
considered experts in their particular fields; whereas
a COURT is a tribunal manned by persons who are learned in the field of law,
imparted and removed from the passing pressure of politics.
2. An ADMINISTRATIVE BODY has variety of functions; whereas
a COURT has only judicial function.
3. An ADMINISTRATIVE BODY is given a wider discretion in the exercise of its
power since it is not bound by the rigid technicalities as prescribed upon a
court; whereas
a COURT has to observe the principles and rules embodied in the Rules of
Court.
TEST TO DETERMINE WHETHER A BODY/AGENCY IS ADMINISTRATIVE OR
JUDICIAL
Administrative → if its function is primarily regulatory even if it conducts
hearings and determines controversy to carry out its regulatory duty.
Judicial → if its primary duty is to decide legal rights between private parties
affecting their property or liberty.
Administrative Law
 The purpose of Administrative Law is the protection of the rights of the
individuals.
 Its subject matter is the nature and mode of powers exercised by
administrative bodies and their officers.
 It has for its basic functions the effective and efficient operation of the
government machinery.
 It originated from legislation and from the recognition of the legislature that
it cannot, on its own, cope with the various activities of men as they
 become more progressive. Thus, having realized that the legislature and the
courts cannot adequately answer the needs of its citizens, the government
created a mechanism, an administrative agency or body, to cater the needs
of the individuals. For such reason, administrative agencies are also called
the 4th branch of the government.
 In almost every human activity, the government created administrative
agencies to regulate such undertaking.
What are the types of administrative bodies or agencies?
1) Administrative agencies created to carry on governmental functions (BIR,
BoC, CSC, LRA)
2) Administrative agencies created to perform business services for the public
(Philippine Postal Authority, PNR, NFA, NHA)
3) Administrative agencies created to regulate businesses affected with public
interest (NTC, LTFRB, Insurance Commission, ERB, HLURB, Bureau of Mines and
Geosciences)
4) Administrative agencies created to regulate private businesses and
individuals under police power (SEC, Dangerous Drug Board, CID, PRC)
5) Administrative agencies that adjudicate and decide industrial controversies
(NLRC, POEA)
6) Administrative agencies that grant privileges (GSIS, SSS,PAO, Philippine
Veterans Administration)
7) Administrative agencies making the government a private party (COA)
ASSIGNED CASES:
8) Administrative agencies doing business activities (PAGCOR, PCSO)
SOURCES OF ADMINISTRATIVE LAW
1. Constitutional or statutory enactments creating administrative bodies.
2. Decisions of courts interpreting the charters of administrative bodies and
defining their powers, rights, inhibitions, among others, and the effects of their
determinations and regulations.
3. Rules and regulations issued by the administrative bodies in pursuance of the
purposes for which they were created.
4. Determinations and orders of the administrative bodies in the settlement of
controversies arising in their respective fields.
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP) vs. NATIONAL
GOVERNMENT
The Government of the Republic of the Philippines refers to the corporate
government entity through which the functions of the government throughout
the Philippines, including, save as the contrary appears from the context, the
various arms through which the political authority is made effective in the
Philippines, whether pertaining to the central government or to the provincial,
city, municipal or barangay subdivisions or other forms of local government.”
(Sec 2(1) AC 1987)
On the other hand, National Government refers only to the central
government, consisting of the legislative, executive and judicial departments of
the government, as distinguished from local governments and other
governmental entities.
National Government is definitely a part of the government of the Republic of
the Philippines but this refers to the entire machinery of the central government
namely executive, legislative and judicial branches of the government.
 1. Bacani vs. National Coconut Corporation (100 SCRA 468)
 2. Central Bank vs. CA (63 SCRA 431)
 3. IRON AND STEEL AUTHORITY (ISA) vs. CA (249 SCRA 539)
  4. FONTANILLA vs. MALIAMAN (194 SCRA 486) 3. Rules, regulations, or orders of such administrative authorities were created
or the purposes for which administrative authorities were created or
 5. BIRAOGO V. PHILIPPINE TRUTH COMMISSION OF 2010, G.R. NO.
endowed;
192935, DECEMBER 7, 2010
4. Determinations, decisions and orders in the settlement of controversies.
SCOPE OF ADMINISTRATIVE LAW:
MANNER OF ORGANIZATION
1. The law which fixes the administrative organization and structure of the
government 1. Creation (except those created by the Constitution, the creation of public
offices is primarily a legislative function) Eugenio v. CSC, G.R. No. 115863,
2. The law, the execution or enforcement of which is entrusted to
March 31, 1995
administrative bodies
2. Reorganization
3. The law which governs public officers including their competence, rights,
duties, liabilities, election, etc. 3. Abolition

4. The law which creates administrative agencies, defines their powers and 4. Deactivation
functions, prescribes their procedures, including the adjudication or settlement
Ways of Creating:
by them of contested matters involving private interest
1. By Constitutional Provision
5. The law which provides the remedies, administrative or judicial, available to
those aggrieved by administrative actions or decisions 2. By Legislative enactment
6. The law which governs judicial review of or relief against administrative 3. By authority of law (Sec. of DOTC v. Mabalot, G.R. No. 138200, February 27,
actions or decisions 2000)
7. The rules, regulations, orders and decisions made by administrative 4. By Executive Power (Faithful Execution Clause, Art. VII, Sec. 17, 1987
authorities, and Constitution)
8. The body of judicial decisions and doctrines dealing with any of the above [De Administrative Agencies Directly created by the 1987 Constitution:
Leon, Administrative Law, Text and Cases (2013) Ed. p. 3
1. Civil Service Commission (Art. IX-B)
KINDS OF ADMINISTRATIVE LAW
2. Commission on Elections (Art. IX-C)
1. Statutes setting up administrative authorities;
3. Commission on Audit (Art. IX-D)
2. The Body of doctrines and decisions dealing with the creation, operation
and effect of determinations and regulations of such administrative 4. Office of the Ombudsman and his Deputies (Art. XI, Sec. 5), and
authorities;
 5. Commission on Human Rights (Art. XIII, Sec. 17)
Administrative Agencies created by Statute:
1. Parole and Probation Administration (PPA) by P.D. 968
2. Philippine Oversees Employment Administration (POEA) by E.O. No. 797
3. Employees Compensation Commission by Art. 176 of the New Labor Code
4. Other agencies with charter
Ordinance Power of the President:
1. 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. These have the
effect of an Executive Order.
2. GENERAL OR SPECIAL ORDERS – Acts and commands of the President in his
capacity as Commander-in-Chief of the Armed Forces of the Philippines.
3. ADMINISTRATIVE ORDERS – Acts of the President which relate to particular
aspects of governmental operations in pursuance of his duties as
administrative head.
4. MEMORANDUM ORDERS – Acts of the President on matters of
administrative detail or of subordinate or temporary interest which only
concern a particular officer or office.
5. MEMORANDUM CIRCULARS – Acts of the President on matters relating to
internal administration, which the President desires to bring to the
attention of all or some of the departments, agencies, bureaus or offices of
the Government for information or compliance.
6. EXECUTIVE ORDERS – Acts of the President providing for rules of a general
or permanent character in implementation or execution of constitutional or
statutory powers. (Admin Code, Book III, Title I.)
7. Reorganization of Administrative Agencies
8. Reorganization is the process of restructuring the bureaucracy’s
organizational and functional set-up. (Sinon v. CSC, G.R. No. 101251,
November 5, 1992)
9. It takes place when there is an alteration of the existing structure of
government offices or units therein, including lines of control, authority and
responsibility between them. It involves a reduction of personnel,
consolidation of offices, or abolition thereof by reason of economy or
redundancy of function (Pichay v. Executive Secretary, G.R. No. 196425, July
24, 2012)
Power of the President to Reorganize
1. The Constitution’s express grant of the power of control over executive
departments, bureaus and offices in the President alone. (Art. VII, Sec. 17,
1987 Constitution)
2. Under Section 31, Book III of E.O. 292, The Administrative Code of 1987,
“the President subject to the policy of the Executive Office and in order to
achieve simplicity, economy and efficiency, shall have continuing authority
to reorganize the administrative structure of the Office of the President.
Test of Validity or Reorganization
Reorganization is valid provided they are pursued in good faith. As a general rule, a
reorganization is carried out in good faith if it is for the purpose of economy or to
make the beurucracy more efficient. (Dario v. Mison, G.R. No. 81954, Aug. 8, 1989)
Reorganization as a valid cause for removal
Reorganization is a valid ground for separation of civil service employees, subject
only to the condition that it be done in good faith. (Domingo v. Development Bank
of the Philippines, G.R. No. 93355, April 7, 1992)

But this does not justify detraction from the mandatory requirement of notice and
hearing (Blaguera v. CSC, G.R. No. 103121, September 10, 1993)