 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
 system of legal principles w/c settles the
conflicting claims of the executive &
admin. authorities on one hand and of the
individual or private right on the other.
 branch of public law w/c fixes the
organization of government, determines
the competence of admin. authorities who
execute the law & indicates to individual
the remedies for violation of his rights
•Purpose of administrative law:
•the protection of private rights. Its subject
matter is the nature & mode of exercise of
admin. power and the system of relief vs.
administrative action.
•Function of administrative law:
•to make the government machinery work
well & in an orderly manner.
1. Statutes setting up administrative authorities.
2. Body of doctrines and decisions dealing with the
creation, operation, and effect of determinations and
regulations of such administrative authorities.
3. Rules, regulations, or orders of such administrative
authorities in pursuance of the purposes, for which
administrative authorities were created or endowed.
4. Determinations, decisions, and orders of such
administrative authorities in the settlement of
controversies arising in their particular field.
It is an organ of government, other than a court
and the legislature, which affects the rights of
private parties either through adjudication or
rule making.
•~those offering some gratuity or privilege
~those seeking to carry on certain
business of government
~those performing business service for the
public
~those seeking to regulate business
affected w/public interest
~those seeking under police power to
regulate private business & individuals.
~to adjust individual controversies xxx
By:

 Constitutional provision
 Authority of law
 Legislative enactment
To:
 1. Help unclog court dockets
 2.Meet the growing complexities of modern
society
 3. Help in the regulation of ramified activities
of a developing country
 4. Entrust to specialized agencies the task of
dealing with problems as they have the
experience, expertise, and power of dispatch
to provide solution thereto.
 Republic of the Philippines (or GRP)
refers to the corporate governmental
entity thru w/c the functions of
government are exercised throughout the
PH, including the various arms… while
National Government refers to the entire
machinery of the central government,
composed of the executive, legislative &
judicial departments as distinguished
from the different forms of local
governments.
 An instrumentality refers to any agency of
the national government not integrated
within the departmental framework, vested
with special functions or jurisdiction by law,
with some if not all corporate powers,
administering special funds, and enjoying
operational autonomy, usually through a
charter. (Iron and Steel Authority v. CA, G.R.
No. 102976, Oct. 25, 1995)
An agency is any department, bureau, office,
commission, authority or officer of the national
government, authorized by law or executive order
to make rules, issue licenses, grant rights or
privileges, and adjudicate cases; research
institutions with respect to licensing functions;
government corporations with respect to
functions regulating private rights, privileges,
occupation or business, and officials in the exercise
of the disciplinary powers as provided by law.
 There is no practical distinction between an
instrumentality and agency, for all intents
and purposes. A distinction, however, may be
made with respect to those entities
possessing a separate charter created by
statute
 A quasi‐judicial body or agency is an
administrative body with the power to hear,
determine or ascertain facts and decide rights,
duties and obligations of the parties by the
application of rules to the ascertained facts. By
this power, quasi‐judicial agencies are enabled
to interpret and apply implementing rules and
regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Question)
1. Quasi‐legislative power or rule‐making
power

2. Quasi‐judicial or adjudicatory power

3. Determinative power
QUASI‐LEGISLATIVE QUASI‐JUDICIAL
Operates on the future Operates based on past facts
Has general application Has particular application (applies only to
the parties involved in a dispute)
Issuance pursuant to the exercise of Issuance pursuant to the exercise of
quasi‐legislative power may be assailed in quasi‐judicial power may, as a rule, only
court without subscribing to the doctrine be challenged in court with prior
of exhaustion of administrative remedies exhaustion of administrative remedies.
(DEAR).
A valid exercise of quasi‐legislative power A valid exercise of quasi‐judicial power
does not require prior notice and hearing requires prior notice and hearing (except
(except when the law requires it). when the law requires it)

An issuance pursuant to the exercise of An issuance pursuant to the exercise of

quasi‐legislative power may be assailed in quasi‐judicial function is appealed to the
court through an ordinary action. Court of Appeals via petition for review
(Rule 43).
 This is the exercise of delegated legislative
power, involving no discretion as to what the
law shall be, but merely the authority to fix
the details in the execution or enforcement of
a policy set out in the law itself.
1. Supplementary or detailed legislation which is intended to fill in
the details of the law and to make explicit what is only general.
e.g. Rules and Regulations Implementing the Labor Code.
2. Contingent legislation in which administrative agencies are
allowed to ascertain the existence of particular contingencies
and on the basis thereof enforce or suspend the operation of a
law.
3. Interpretative legislation – rules and regulations construing or
interpreting the provisions of a statute to be enforced and
binding on all concerned until changed. They have the effect of
law and are entitled to great respect having in their favor the
presumption of legality. E.g. BIR circulars.
1. Promulgated in accordance with the Prescribed
procedure.
2. Reasonable.
3. Issued under Authority of law.
4. Administrative regulations, issued for the purpose of
implementing existing law, pursuant to a valid
delegation are included in the term “laws” under
Article 2, of the Civil Code and must therefore be
published in order to be effective.
5. It must be within the Scope and purview of the law.
6. Filing with the Office of the National Administrative
Register (ONAR) of the University of the Philippines
Law Center
NB:
 But mere interpretative regulations, and
those merely internal in nature, i.e. regulating
only the personnel of the administrative
agency and not the public, need not be
published (Tañada v. Tuvera, G.R. No. 63915,
December 29, 1986)
1. It must be consistent with the law and the
constitution
2. It must have reasonable relationship to the
purpose of the law
3. It must be within the limits of the power
granted to administrative agencies
4. May not amend, alter, modify, supplant,
enlarge, limit or nullify the terms of the law
5. It must be uniform in operation, reasonable
and not unfair or discriminatory
6. Must be promulgated in accordance with the
prescribed procedure
1. It must be within the limits of the powers granted to
administrative agencies.
2. Cannot make rules or regulations which are inconsistent
with the provision of the Constitution or statute.
3. Cannot defeat the purpose of the statute.
4. May not amend, alter, modify, supplant, enlarge, or limit
the terms of the statute.
5. A rule or regulation must be uniform in operation,
reasonable and not unfair or discriminatory.
1. The law must declare the act punishable;
2. The law must define the penalty;
3. The rules must be published in the Official
Gazette. (The Hon. Secretary Vincent S. Perez
v. LPG Refillers Association of the Philippines,
G.R. No. 159149, June 26, 2006)
 (PLDT v. NTC, G.R. No. 88404, Oct. 18, 1990)
 Interpretations of administrative officer are
given great weight, unless such construction
is clearly shown to be in sharp contrast with
the governing law or statute. (Nestle
Philippines Inc. v. CA, G.R. No. 86738, Nov. 13,
1991)
 Power of administrative agency to
promulgate rules and regulations on matters
within their own specialization
 It is well established in this jurisdiction that, while the
making of laws is a non‐delegable activity that
corresponds exclusively to Congress nevertheless the
latter may constitutionally delegate authority to
promulgate rules and regulations to implement a given
legislation and effectuate its policies, for the reason that
the legislature often finds it impracticable (if not
impossible) to anticipate and provide for the multifarious
and complex situations that may be met in carrying the
law into effect. All that is required is that the regulation
should be germane to the objects and purposes of the law;
that the regulation be not in contradiction with it, but
conform to the standards that the law prescribes.
1. Rule making power
2. Cannot contravene a statute or the
constitution
3. Partakes the nature of a statute – Rules are
not laws but have the force and effect of
laws.
4. Enjoys the presumption of legality –
therefore courts should respect and apply
them unless declared invalid; all other
agencies should likewise respect them.
 The construction placed upon the statute by
an executive or administrative officer called
upon to execute or administer such statute.

 These interpretative regulations are usually in

the form of circulars, directives, opinions, and
rulings.
 NB
 Contemporaneous construction, while in no
case binding upon the courts, is nevertheless
entitled to great weight and respect in the
interpretation of ambiguous provisions of the
law, unless it is shown to be clearly erroneous
 It is the power of administrative authorities to
make determinations of facts in the
performance of their official duties and to
apply the law as they construe it to the facts
so found. It partakes the nature of judicial
power, but is exercised by a person other
than a judge.
 An administrative body to which
quasi‐judicial power has been delegated is a
tribunal of limited jurisdiction and as such it
could wield only such powers as are
specifically granted to it by its enabling
statute. Its jurisdiction is interpreted
strictissimi juris.
 Nature of administrative proceedings is
Summary
 technical rules of procedure and of evidence
prevailing in courts of law and equity are not
controlling in administrative proceedings to free
administrative boards or agencies from the
compulsion of technical rules so that the mere
admission of matter which would be deemed
incompetent in judicial proceedings would not
invalidate an administrative order.
 Note: The rules of procedure of quasi‐judicial
bodies shall remain effective unless disapproved
by the Supreme Court.
1. Right to a hearing which includes the right to
present one’s case and submit evidence in
support
2. The tribunal must consider the evidence
presented
3. The decision must be supported by evidence
4. Such evidence must be substantial
5. The decision must be based on the evidence
presented at the hearing or at least contained
in the record, and disclosed to the parties
affected
1. The tribunal or body of any of its judges must
act on its own independent consideration of
the law and facts of the controversy in arriving
at a decision;
2. The board or body should render decision that
parties know the various issues involved and
reason for such decision
3. Officer or tribunal must be vested with
competent jurisdiction and must be impartial
and honest. (AngTibay v. CIR, G.R. No. L‐46496,
Feb. 27, 1940)
 Note: The essence of procedural due process
in administrative proceedings is the
opportunity to be heard, i.e. the opportunity
to explain one’s side or opportunity to seek
reconsideration of an adverse decision.
 What the law prohibits is not the absence of
previous notice but the absolute absence
thereof and the lack of opportunity to be
heard.
 The right to counsel which may not be
waived, unless in writing and in the presence
of counsel, as recognized by the Constitution,
is a right of a suspect in a custodial
investigation. It is not an absolute right and
may, thus, be invoked or rejected in criminal
proceeding and, with more reason, in an
administrative inquiry. (Lumiqued v. Exevea,
G.R No.. 117565, Nov. 18, 1997)
 Substantial evidence – that amount of
relevant evidence that a reasonable mind
might accept as adequate to support a
conclusion.
Not Necessary :
1. Urgency of immediate action
2. Tentativeness of administrative action
3. Grant or revocation of licenses or permits to
operate certain businesses affecting public
order or morals
4. Summary abatement of nuisance per se
which affects safety of persons or property
Not Necessary :
5. Preventive suspension of public officer or
employee facing administrative charges
6. Cancellation of a passport of a person sought
for criminal prosecution
7. Summary proceedings of distraint and levy
upon property of a delinquent taxpayer
8. Replacement of a temporary or acting
appointee
9. Right was previously offered but not claimed
 the review by a higher agency of decisions
rendered by an administrative agency,
commenced by petition of an interested party.
 Note: Administrative appeals are established by
the 1987 Administrative Code, which will govern
primarily in the absence of a specific law
applicable. Under the 1987 Administrative Code,
administrative appeals from a decision of an
agency are taken to the Department Head
 Administrative appeals are not the only way by
which a decision of an administrative agency
may be reviewed. A superior officer or
department head may upon his or her own
volition review a subordinate’s decision pursuant
to the power of control.
 Administrative reviews by a superior officer are,
however, subject to the caveat that a final and
executory decision is not included within the
power of control, and hence can no longer be
altered by administrative review.
may be enforced:
 1. As provided for by law
 2. May invoke the courts intervention
 Doctrine of res judicata applies only to
judicial or quasi judicial proceedings and not
to the exercise of purely administrative
functions. Administrative proceedings are
non litigious and summary in nature; hence,
res judicata does not apply.
 The action of an administrative agency in
granting or denying, or in suspending or
revoking, a license, permit, franchise, or
certificate of public convenience and
necessity.
An administrative action is not a purely
administrative act if it is dependent upon the
ascertainment of facts by the administrative
agency. Where a statute empowers an agency to
revoke a license for non‐compliance with or
violation of agency regulations, the administrative
act is of a judicial nature, since it depends upon the
ascertainment if the existence of certain past or
present facts upon which a decision is to be made
and rights and liabilities determined.
 It is the power usually delegated by the
legislature to administrative agencies for the
latter to fix the rates which public utility
companies may charge the public.
 It means any charge to the public for a service
open to all and upon the same terms, including
individual or joint rates, tolls, classification or
schedules thereof, as well as communication,
mileage, kilometrage and other special rates
which shall be imposed by law or regulation to
be observed and followed by a person.
 Note: Fixing rates is essentially legislative but
may be delegated. (Philippine Inter‐Island v. CA,
G.R. No. 100481, January 22, 1997)
 The administrative agencies perform this
function either by issuing rules and
regulations in the exercise of their
quasi‐legislative power or by issuing orders
affecting a specified person in the exercise of
its quasi‐judicial power.
 The function of prescribing rates by an
administrative agency may be either a
legislative or and adjudicative function
 Where the rules and/or rates laid down are
meant to apply to all enterprises of a given
kind throughout the country, they may
partake of a legislative character. If the fixing
of rates were a legislative function, the giving
of prior notice and hearing to the affected
parties is not a requirement of due process,
except where the legislature itself requires it.
 Where the rules and the rate imposed apply
exclusively to a particular party, based upon a
finding of fact, then its function is quasi‐judicial
in character.
 As regards rates prescribed by an administrative
agency in the exercise of its quasi‐judicial
function, prior notice and hearing are essential
to the validity of such rates. But an
administrative agency may be empowered by
law to approve provisionally, when demanded
by urgent public need, rates of public utilities
without a hearing
 As a general rule, notice and hearing are not essential
to the validity of an administrative action where the
administrative body acts in the exercise of executive,
administrative, or legislative functions; but where a
public administrative body acts in a judicial or
quasi‐judicial matter, and its acts are particular and
immediate rather than general and prospective, the
person whose rights or property may be affected by
the action is entitled to notice and hearing. (Philippine
Consumers Foundation, Inc. v Secretary of DECS, G.R.
No. 78385, August 31, 1987)
 That the rate be reasonable and just.
(American Tobacco Co. v Director of Patents, 67
SCRA 287, 1975)
 the rates must both be non‐confiscatory and
must have been established in the manner
prescribed by the legislature. Even in the
absence of an express requirement as to
reasonableness, this standard may be
implied. A rate‐fixing order, temporary or
provisional though it may be, is not exempt
from the procedural requirements of notice
and hearing when prescribed by statute, as
well as the requirement of reasonableness.
 The power delegated to an administrative
agency to fix rates cannot, in the absence of a
law authorizing it, be delegated to another.
This is expressed in the maxim, potestas
delagata non delegari protest. (Kilusang Mayo
Uno Labor Center v. Garcia, Jr., 39 SCRA386,
1994)
 This is not delegation of what the law shall be,
but how the law will be enforced, which is
permissible. Hence the legislature may delegate
to an administrative agency the power to
determine some fact or state of things upon
which the law makes, or intends to make, its
own action depend, or the law may provide that
it shall become operative only upon the
contingency or some certain fact or event, the
ascertainment of which is left to an
administrative agency.
 The law delegating the power to determine
some facts or state of things upon which the law
may take effect or its operation suspended must
provide the standard, fix the limits within which
the discretion may be exercised, and define the
conditions therefor. Absent these requirements,
the law and the rules issued thereunder are void,
the former being an undue delegation of
legislative power and the latter being the
exercise if rule‐making without legal basis. (U.S.
v. AngTang Ho, 43 Phil. 1, 1992)
 A fact‐finding quasi‐judicial body (e.g., Land
Transportation Franchising and Regulatory Board)
whose decisions (on questions regarding certificated
of public convenience) are influenced not only by the
facts as disclosed by the evidence in the case before it
but also by the reports of its field agents and
inspectors that are periodically submitted to it, has
the power to take into consideration the result of its
own observation and investigation of the matter
submitted to it for decision, in connection with other
evidence presented at the hearing of the case
(Pantranco South Express, Inc. v Board of
Transportaion, 191 SCRA 581,1991)
 the power of administrative agencies to
better enable them to exercise their
quasi‐judicial authority.
1. Enabling – Permits the doing of an act which
the law undertakes to regulate and which
would be unlawful without government
approval.

2. Directing – Orders the doing or performance

of particular acts to ensure the compliance
with the law and are often exercised for
corrective purposes.
1. Dispensing – To relax the general operation of a law or to
exempt from general prohibition, or to relieve an
individual or a corporation from an affirmative duty.
2. Examining – This is also called investigatory power. It
requires production of books, papers, etc., the
attendance of witnesses and compelling their testimony.

3. Summary – Power to apply compulsion or force against

persons or property to effectuate a legal purpose
without judicial warrants to authorize such actions.