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Administrative Law Course Outline First Sem 2015

This document outlines the topics and cases covered in the Administrative Law course at Arellano University School of Law during the first semester of 2015, taught by Atty Roberto A. Demigillo. It begins with an introduction to administrative law, including its scope, concerns, distinguishing features from other areas of law, origins and development, advantages of the administrative process, and the relationship between agencies and courts. It then discusses the nature and organization of administrative agencies, covering their status, characteristics, types, and the organizational structure of departments, bureaus, regional offices, and other administrative bodies. Finally, it addresses the powers and functions of administrative agencies, including the sources and scope of their powers, their quasi-judicial, investigatory and

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Michelle Dulce Mariano Candelaria
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60 views3 pages

Administrative Law Course Outline First Sem 2015

This document outlines the topics and cases covered in the Administrative Law course at Arellano University School of Law during the first semester of 2015, taught by Atty Roberto A. Demigillo. It begins with an introduction to administrative law, including its scope, concerns, distinguishing features from other areas of law, origins and development, advantages of the administrative process, and the relationship between agencies and courts. It then discusses the nature and organization of administrative agencies, covering their status, characteristics, types, and the organizational structure of departments, bureaus, regional offices, and other administrative bodies. Finally, it addresses the powers and functions of administrative agencies, including the sources and scope of their powers, their quasi-judicial, investigatory and

Uploaded by

Michelle Dulce Mariano Candelaria
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ARELLANO UNIVERSITY SCHOOL OF LAW

Administrative Law Course Outline


First Semester 2015
Atty Roberto A. Demigillo
TOPICS

CASES

a. Introduction
1. Concept of Administrative Law
2. Scope of Administrative Law
3. Concerns of Administrative Law
a. Private rights
b. Delegated powers and combined powers
4. Distinguished from International Law
5. Distinguished from Constitutional Law
6. Distinguished from Criminal Law
7. Distinguished from law of public administration
8. Principal subdivisions of Administrative Law
a. Law of internal administration
b. Law of external administration
9. Classification of administrative law
a. As to its source
b. As to its purpose
c. As to its applicability
10. Origin and development of administrative law
a. Recognition as a distinct category of law
b. Multiplication of government functions
c. Growth and utilization of administrative agencies
d. Fusion of different powers of government in
administrative agencies
e. A law in the making
11. Advantages of the administrative process
12. Relation between administrative agencies and courts
13. Administration of government distinguished from
administrative justice
14. Administration as a separate power
15. Administration as a n organization distinguished from
government

b.Nature and Organization of Administrative


Agencies
1. Status and Characteristics
a. Creation, reorganization and abolition of
administrative agencies
b. Meaning of administrative agency
c. Administrative agency or body and court
distinguished
d. Status or character of particular administrative

Christian General Assembly Inc. vs. Ignacio, 597


SCRA 266 (2009) ALDABA
Realty Exchange Venture Corp v Sendino 233 SCRA
665 AVEO
Antipolo Realty Corp. v National Housing Authority
153 SCRA 399 CARIAGA
US v. Dorr 2 Phil 332 - BILLIONES

Cebu United Enterprises v. Gallofin, 106 Phil. 491


(1959) CENTENO
Crisostomo vs. Court of Appeals, 258 SCRA 134
(1996) BUENAVENTURA
Viola v. Alunan III, 277 SCRA 409 (1997) DE LEON
Larin v. Executive Secretary, 280 SCRA 713 (1997)
CANDELARIA

agencies
As public or governmental agencies
As judicial bodies or courts
As legislative or executive agencies
As independent or subordinate bodies
As corporate bodies or legal entities
Main characteristics of administrative agencies
Consequence of characteristics
Delegation of function and authority
i. Types
ii. Degree
m. Types of administrative agencies
i. Offering gratuity, grant or special privilege
ii. Performing business service
iii. Regulating business affected with public
interest
iv. Regulating private businesses and
individuals
v. Adjusting individual controversies because
of strong social policy
2. Administrative Organization
a. Distribution of powers of government
i. Traditional branches
ii. Special bodies or agencies
b. Organization of the Office of the President
i. Office of the President Proper
ii. Agencies under the OP
c. Organization of Departments
i. Defined
ii. Number, purpose and decentralization
iii. Department proper
iv. Jurisdiction over bureaus, etc
v. Assignment of offices and agencies
d. Secretaries, Undersecretaries, and Assistant
Secretaries
e. Department Services
i. Planning Service
ii. Financial and Management Service
iii. Administrative Service
iv. Technical Service
v. Legal Service
f. Organization of Bureaus
i. Defined
ii. Powers and duties of heads of bureaus
iii. Staff or Line
g. Organization of Field Offices
i. Regional Offices
ii. Administration
iii. Supervision
iv. Organization
v. Functions of Regional Office
h. Definition of administrative relationships
i. Supervision and control
ii. Administrative supervision
iii. Attachment
e.
f.
g.
h.
i.
j.
k.
l.

Dario v. Mison, 176 SCRA 84, (1989) ESPIRITU


Presidential Anti-Dollar Salting Task Force v. Court
of Appeals, 171 SCRA 348 (1989) CASTILLO
Balangunan v. Court of Appeals, 562 SCRA 184
(2008) FELIPE
Olaguer v. Regional Trial Court, 170 SCRA 478
(1989) CLAUDIO
Padua v. Ranada, 390 SCRA 663 (2002) FORTICH
Joson v. Executive Secretary, 290 SCRA 279 (1998)
CUASITO
Eugenio v. Civil Service Commission, 242 SCRA 196,
(1995) GOLOD
Blaquera v. Alcala, 295 SCRA 411 (1998) GOCC
Defined - DIAZ
Lumiqued v. Exevea, 282 SCRA 125 (1997)
IGNACIO

i.
j.
k.
l.
f.
g.
m.
h.
n.
i.

Powers and functions of Department Secretary


Authority of Department Secretary
a. Supervision and control over bureaus ,
offices and agencies under him
Delegation of authority
Line bureau authority
Supervision and control over regional and field
offices
Relationship of government owned or controlled
corporations to the Department
Relationship of regulatory agencies to the
Department
Defined
Mandates of the different Departments
DFA, DOF, DOJ, DA, DPWH, DECS,DOLE,
DND, DOH, DTI, DAR, DILG, DOT, DENR,
DOTC, DSWD, DBM, DOST, DEnergy.

c. Powers and Functions of Administrative


Agencies
1.
2.

Meaning of powers and functions ; the difference


Sources of powers
a. Constitution, statutes
3. Scope of powers
a. Express and implied powers
Inherent powers
4. Quasi-judicial powers
5. Nature of powers
a. Jurisdiction limited
b. Powers within their jurisdiction broad
c. Powers subject to the Constitution, applicable
law or administrative regulation
6. What constitutes administrative power or function
a. Powers not explicitly legislative, executive and
judicial
b. Powers involve exercise of judgment and
discretion
7. Classification of powers
a. As to nature investigatory powers, quasilegislative or rule-making powers, quasijudicial or adjudicatory powers
b. As to degree of subjective choice Discretionary
and ministerial powers
c. Define discretionary power?
d. Define ministerial power?

Chavez v NHA, 530 SCRA 235 DOCTOLERO


Masangcay v. Comelec, 6 SCRA 27 LASAM
City of Baguio v. Nino, 487 SCRA 216 FRONDA
Makati Stock Exchange vs. SEC, 14 SCRA 620
MONTENEGRO
Cooperative Development Authority v. Dolefil
Agrarian Reform Beneficiaries Cooperative Inc. 382
SCRA 552 GARCIA
Florendo vs. Enrile, 239 SCRA 22 MONTOYA

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