Administration law: text and cases by atty. Hector Deleon |Behttina kim M.

Barrios|2013|

INTRODUCTION g. Body of judicial decisions and doctrines dealing with any of the
above

Administrative authorities - all those public officers and organs of the

Concept of administrative law government that are charged with the amplification, application and
- It belongs to the field of public law (which includes constitutional execution of law.
law, criminal law and international law.
- It is the entire system of law which the machinery of the state works
and by which the state performs all government acts. Thus it Concerns of administrative law
embraces all the laws that regulate or control the administrative
organization and operations of the government including the 1. PRIVATE RIGHTS
- Chief concern: Protection of private right and its subject matter is
legislative and judicial branches.
- Better definition : ( dean roscoe pound) the nature and the mode of exercise of administrative power.
- The part of the law which governs the organization, functions, and 2. DELEGATED POWERS AND COMBINED POWERS
procedures of administrative agencies of the government to which
(quasi) legislative powers are delegated and (quasi) judicial powers - admin. Law if generally concerned with officer and agencies
are granted. exercising delegated powers. It is concerned with the fusion of
different types of governmental powers in certain public officer
Scope of administrative law which are part of the executive branch
a. The law which fixes the administrative organization and structure of
the government
b. The law, the execution and enforcement of which is entrusted to Distinguished from international law
the administrative authorities
c. The law which governs the public officers including their
competence, rights, duties and liabilities ADMINISTRATIVE LAW INTERNATIONAL LAW
d. The law which creates administrative agencies, defines their powers lays down rules which shall guide It cannot be regarded as binding
and functions, prescribe their procedure the officers of the administration in upon the officers of any government
e. The law which provides remedies, administrative or judicial by their actions as agents of the considered in their relation to their
administrative decisions or actions government own government except insofar as it
f. Interpretation and enforcement of the laws entrusted to their has been adopted into admin law of
the state
administration.
Administration law: text and cases by atty. Hector Deleon |Behttina kim M. Barrios|2013|

Principal subdivision of administrative law

Distinguished from constitutional law 1. the law of internal administration – it treats of the legal relation
between the government and its administrative officers, and of legal
ADMINISTRATIVE LAW CONSTITUTIONAL LAW relations that one administrative officer or organ bears to another.
gives and carries out plan in its Prescribes the general plan or
minutes detail framework of governmental - it considers the legal aspect of public administration on its institutional
organization side (pg. 7)
Treats the rights in the standpoint of Treats the rights of the individual
the powers of the government and 2. The law of external administration - it concerns with the legal relations
emphasize the duties of the citizens between administrative authorities and private interests.
Indicates to individuals, remedies for Prescribes the limitations on the
the violation of their rights powers of the government to - Survey of those powers and duties of administrative authorities that
protect the rights of individuals relate directly to private interests.
- Analysis of scope and limits of such powers.
Distinguished from criminal law - Account of the sanctions attached to, or the means of enforcing,
official determination.
ADMINISTRATIVE LAW CRIMINAL LAW - an examination of the remedies against official action.
Penal sanctions are used to enforce Consists really of body of penal
the rules of administrative law sanctions which are applied to all
branches of the law, including admin
law Classification of administrative law

I. AS TO ITS SOURCE.
Distinguished from law of public administration
a. the law that controls administrative authorities
ADMINISTRATIVE LAW PUBLIC ADMINISTRARTION
Subject matter of admin law is public Has to do with the practical
- constitution, statutes, judicial decisions, EO of the president and the
administration. The true filed of management and direction of the
admin law is the external aspect of various organs of the state and the AO of administrative superiors giving directions to administrative
the public administration. execution of state policies by the subordinates
executive officers entrusted with
such functions b. the law made by administrative authorities

- Includes presidential proclamation, rules of practice and decisions

of administrative tribunals etc.
Administration law: text and cases by atty. Hector Deleon |Behttina kim M. Barrios|2013|

origin and development of administrative law

II. AS TO ITS PURPOSE
*case
a. Adjective or procedural administrative law
- Admin law is not one of the traditionally recognized parts of the
- It establishes the procedure which an agency or must or may follow law, such for example criminal law, the common law r equity.
in the pursuit of its legal purpose. Derived from constitution or - Only with the rapid expansion of the administrative agencies and
statute their increased functions that a substantial body of jurisprudence
has develop in the field and general recognition has been given
b. Substantive administrative law - As modern life became complex, the subjects of government
- The law establishes primary rights and duties, such as the conditions regulation correspondingly increased, which in turn cause the
under which the broadcaster may operate or labor practices in multiplication of government function, necessitating an enormous
which employers and unions must not indulge. expansion of public administration
- And so the legislature has tom create more administrative agencies,
III. AS TO ITS APPLICABILITY bodies or board specialized in the particular field assigned to them
and to which the legislature and the court were found not to be
a. General administrative law equipped to administer properly and efficiently.
- Admin law has developed in response to the need for broad social
- It includes such provisions which interpret the mandate of the or governmental control over complex conditions and activities
constitution that there must be 'a due process of law'; that which which in their detail cannot be dealt with directly in an effective
established the exhaustion of administrative remedies etc. manner by legislature or the judiciary.
- The issues with which it deals ought to be decided by experts, and
b. special or particular administrative law not by a judge, at least not in first instance, or until the facts have
been sifted and arranged.
- That part of admin law that pertains to particular agencies. It
- Administrative agencies: with their extensive investigation, rule-
proceeds from the particular statute creating individual agency and
making , and adjudicating powers, these administrative agencies
thus, has little or no application, except in connection with such
represent a provocative fusion of different powers of the
agency
government .
- They are vested with power to promulgate rules and regulations to
better carry out some legislative policies, and to decide on
controversies within the scope of their activities.
Administration law: text and cases by atty. Hector Deleon |Behttina kim M. Barrios|2013|

- Accommodate the administrative process to the traditional judicial

system
Advantages of administrative process - To accommodate private rights and the public interest in the
Administrative process - includes the whole of the series of acts of an powers reposed in administrative agencies
administrative agency whereby the legislative delegation of a function is - To reconcile in the field of administrative action, democratic
made effectual in particular situations. safeguards and standards of fair play with the conduct of
government.
- Administrative adjudication insures greater uniformity  AIM OF THE COURT
impersonality of actions - To maintain the constitution by seeing that powers are not
- Congress resorted to administrative process as an alternative to unlawfully vested in administrative agencies but without abdicating
executive action not only in the matter of benefits ( social security, their judicial responsibility
patents etc0 but also in the field of tax administration, labor - Not to usurp or unwarrantedly limit the powers and functions
relation and others lawfully vested in them, or interfere with the proper exercise of
- The desire for more effective and preventives remedies has been a their valid powers
factor in the creation of many administrative agencies.
- Limitations of congress as to time, specialized knowledge, lack of
staff for securing expert information, the complexity of problem etc.
if congress failed to delegate powers, it might lose itself I details to Administration of government distinguished from administration of
the detriment of its indispensable functions. justice
- The admin agencies have the time and facilities to become more ADMINISTRATIVE OFFICERS - charged with the administration of
continuously informed and they can be given unified responsibility
government
for effectuating the broad policies laid down by congress.
JUDICIAL OFFICERS- charged with administration of justice

ADMINISTRATION OF ADMINISTRATION OF JUSTICE

Relation between administrative agencies and courts GOVERNMENT
Not necessarily, or even often, the Work done consists in the
- They must be considered as collaborative instrumentalities of
result of any controversy and is decisions of controversies
justice. not merely dependent on the between individuals and the
- Courts may entertain action brought before them, but call to their solution of the question "what is government officers, as to the
aid the appropriate administrative agency on questions within its law" but made also as a result of applicability in the cases in
administrative competence. consideration of expediency. questions of a particular rule of
 ROLE OF COURT law
Administration law: text and cases by atty. Hector Deleon |Behttina kim M. Barrios|2013|

Administration as a separate power

1) AS A FUNCTION

ADMINISTRATION – is the execution, in non-judicial matters, of the law or

will of the state as expressed by the competent authority. It is the activity
of the executive officers of the government.

- Legislation consists in laying down laws or rules for the future.

Administration therefore, had to do with the carrying of laws into
effect .

2) AS AN ORGANIZATION

ADMINISTRATION- it is popularly the most important administrative

authorities. It is that group or aggregate of persons in whose hands the rein
of government are for the time being.

- It is the entire administrative organization extending from the chief

executive down to its humble subordinates.

Administration as an organization distinguished from government

GOVERNMENT – it is the institution or aggregate of institution by which an

independent society makes and carries out those rules of action which are
necessary to enable men to live in a civilized state.

- Government is that aggregate of authorities which rule a society

ADMINISTRATION – refers to that aggregate of those persons in whose

hands the rein of government are entrusted by the people for the time
being.
Administration law: text and cases by atty. Hector Deleon |Behttina kim M. Barrios|2013|