Part I Flashcards
(29 cards)
What is administrative law according to Nachura?
The branch of public law which fixes the organization, and determines the competence of administrative authorities, and indicates to the individual remedies for the violation of his rights.
What is administrative law according to Cruz?
The branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community.
What are administrative agencies?
A body endowed with quasi-legislative and quasi-judicial functions for the purpose of enabling it to carry out the laws entrusted to it.
What are administrative authorities?
Public officers and organs of the government that are charged with the amplification, application and execution of the law, but do not include, by virtue of separation of powers, the Congress and the Courts.
What is administrative law according to De Leon?
The entire system of laws under which the machinery of the State works and by which the State performs all government acts.
The law which provides the structure of government and prescribes its procedure.
Administrative Law v. International Law
AL - lays down the rules which shall guide the officers of the administration in their actions as agents of the government
IL - not binding upon the officers of any government considered in their relation to their own government except insofar as it has been adopted into the administrative law of the state.
Administrative Law v. Constitutional Law
(1)
CL - prescribes the general plan or framework of governmental organization
AL - gives and carries out this plan in its minutest details
(2)
CL - treats the rights of the individual; lays stress upon rights
AL - treats individuals from the standpoint of the powers of the government; emphasizes the powers of government and duties of the citizens
(3)
CL - prescribes limitations on the powers of the government to protect the rights of individuals against abuse
AL - indicates the remedies to individuals in cases of violation of their rights
AL supplements and complements CL
Administrative Law v. Criminal Law
CL - penal sanctions
Penal sanctions or laws may be administrative by their very nature as they intend to protect the rights of individuals.
Administrative Law v. Public Administration
PA - practical management and direction of various organs as well as the execution of State policies
AL is almost synonymous with PA but technically it only refers to the external aspects of PA.
2 divisions/subdivisions or aspects of Administrative Law
- Internal Administration - it treats the legal relations between the government and its administrative officers or among administrative officers
- External Administration - concerned with legal relations between administrative authorities and private interests
a. a survey of those powers and duties of administrative authorities that relate directly to private interests
b. an analysis of the scope and limitation of powers
c. sanctions, means of enforcing, official determinations
d. remedies
Classification of Administrative Law
- as to source
a. law that controls administrative authorities
b. law made by administrative authorities - as to purpose
a. adjective or procedural administrative law
b. substantive administrative law - as to applicability
a. general
b. special or particular
Crisostomo v. Court of Appeals
[Creation and Abolition of Administrative Agencies]
Former President of PCC was charged with administrative and criminal offenses.
He was acquitted and reinstated in office. PD 1441 abolished PCC. By the time he was being reinstated, there was already another person who took office.
The office was not abolished because PD 1441 merely turned the college into a university.
4 Kinds of Administrative Law
- Constitution or statutory enactments
- Decisions of courts interpreting the charters of administrative bodies
- Rules and regulations issued by the administrative bodies
- Determinations and orders of the administrative bodies in the settlement of controversies
Administration v. Government
- Administration - not permanent; group of persons
- Government - one of the elements of the State, it is permanent. Kahit magbago bago administration, government stays the same as an element of the State.
Dario v. Mison
[Creation and Abolition of Administrative Agencies]
Pres. Aquino promulgated Proclamation No. 3 to completely reorganize the government and eradicate unjust and oppressive structures.
Subsequently, Pres. Aquino promulgated E.O. No. 127, “Reorganizing the Ministry of Finance”, where, in Sec. 59, it provided for the reorganization of the Bureau of Customs. Pursuant to the reorganization, Commissioner Mison issued separation notices to a total of 394 officials, including the petitioner, Cesar Dario, in his capacity as Deputy Commissioner.
Thus, Cesar Dario petitioned for reinstatement on the ground that the Provisional Constitution giving the power to dismiss public officials without cause ended on February 25, 1987, seeing as the public officials enjoyed security of tenure under the provisions of the 1987 Constitution. However, respondent Commissioner Mison contended that Sec. 16, Article XVIII (Transitory Provisions) allows the reorganization of the Bureau of Customs under E.O. No. 127 (authorizing separation without cause) to continue even after the ratification of the 1987 Constitution – citing the case of Jose v. Arroyo, wherein the Court decided in favor of a similar notion. Thus, there was no violation of security of tenure.
Does E.O. No. 127, providing reorganization, allow the “separation” of Dario from the Bureau of Customs despite his right to security of tenure under the 1987 Constitution?
No. E.O. No. 127 providing for reorganization does not allow the “separation” of Dario from the Bureau of Customs despite his right to security of tenure under the 1987 Constitution.
In line with this, the Court maintains that reorganization entails that an office is abolished, thus there actually no separation or dismissal such that these concepts imply that there is an office to be separated from. However, the Court asserts that, reorganizations abolishing an office would only be valid if it passes the test of good faith. A Reorganization carried out in good faith must have for its purpose the efficiency of both the economy and bureaucracy. In this case, there is lack of good faith such that there is no showing that legitimate structural changes were made, only that personnel were reduced. Thus, it cannot be said that it was done by reason of economy or redundancy of functions. Thus, since there is lack of good faith, there is no valid reorganization that would allow the “separation” of the petitioners, in keeping with their security of tenure. The act of reorganization of the Bureau of Customs dismissing Dario is unconstitutional
Dacudao v. Gonzales
[Creation and Abolition of Administrative Agencies]
reading
Padua v. Ranada
reading
Types of Administrative Agencies
a. Bodies offering some gratuity, grant or special privilege;
- Philippine Veterans Administration, GSIS, SSS, PAO, Philippine Medical Care Commission
b. Bodies seeking to carry on certain functions of the actual business of government;
- BIR, Bureau of Customs, Bureau of Immigration, Land Registration Authority
c. Bodies performing some business service for the public;
- Philippine Postal Corporation, Philippine National Railways, Metropolitan Waterworks and Sewerage Authority, Government Telephone System, National Electrification Administration, National Food Authority, National Housing Authority
d. Bodies seeking to regulate business affected with public interest;
- Insurance Commission, Bureau of Air Transportation, Land Transportation Franchising and Regulatory Board (LTFRB), Energy Regulatory Board, Bureau of Mines and Geo-sciences, National Telecommunications Commission, Housing and Land Use Regulatory Board (HLURB)
e. Bodies seeking under the police power of the State to regulate private business and individuals;
- Securities and Exchange Commission, Movie and Television Review and Classification Board (MTRCB), Games and Amusement Board (GAB), Dangerous Drugs Board (DDB), Bureau of Trade Regulation and Consumer Protection (BTRCP)
f. Bodies seeking to adjust individual controversies because of a strong social policy involved;
- NLRC, Employees Compensation Commission, Social Security Commission, Securities and Exchange Commission, DAR, Commission on Audit
g. Bodies set up to make the government a private party.
What is instrumentality?
Refers to any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or controlled corporations.
What is regulatory agency?
Refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council.
What is chartered institution?
Chartered Institution refers to any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary authority of the State.
Government-owned or controlled corporation
refers to any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government directly or through its instrumentalities either wholly, or, where applicable as in the case of stock corporations, to the extent of at least fifty-one (51) per cent of its capital stock: Provided, That government-owned or controlled corporations may be further categorized by the
Department of the Budget, the Civil Service Commission, and the Commission on Audit for purposes of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations.
Office of the President and its Departments
Department refers to an executive department created by law. For purposes of Book IV, this shall include any instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.
Office refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law
or regulation.
Globe Wireless v. Public Service Commission
[Powers of Administrative Agencies]
Whether the PSC exceeded jurisdiction
