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Reviewer Admin Law

Administrative agencies are created through the Constitution, legislature, executive orders, or their own authority. They exercise executive, legislative, and judicial powers and fall into categories like granting privileges, performing government functions, and regulating business. They have various relationships with oversight bodies and can be independent, supervised, or controlled. Agencies have delegated rule-making, adjudicative, and incidental powers that must be expressed in their enabling laws and exercised properly. Valid delegation of powers to agencies must be complete and provide sufficient standards and guidelines.

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215 views2 pages

Reviewer Admin Law

Administrative agencies are created through the Constitution, legislature, executive orders, or their own authority. They exercise executive, legislative, and judicial powers and fall into categories like granting privileges, performing government functions, and regulating business. They have various relationships with oversight bodies and can be independent, supervised, or controlled. Agencies have delegated rule-making, adjudicative, and incidental powers that must be expressed in their enabling laws and exercised properly. Valid delegation of powers to agencies must be complete and provide sufficient standards and guidelines.

Uploaded by

Treblif Adarojem
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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I.

Creation, Establishment and Abolition of Administrative Agencies

A. Administrative Agency, defined:

 Covers boards, bureau, commission, departments, authority, corporation, agency and divisions and somewhat less familiar designations of
office;
 Used to describe an agency or organ of government exercising some significant combinations of executive, legislative, and judicial powers.
 4th Branch of the Government.

B. How are administrative agencies created?

 Constitution (eg. COMELEC, COA, CSC)


 Legislature in Legislative Enactments (eg. Customs, BIR, PRC, SEC, BSP, GOCCS, LGUs) – through a Charter which is the enabling
instrument
 Acts of the President (Executive order, authority of the law)
 Supreme Court (classifies, confirms, invalidates)
 Administrative Agencies themselves (by authority of law)
 Local Government (through Ordinance and authority of law)

C. Categories of Administrative Agencies according to its function:

 Offers gratuities, grants or privileges (Philippine Veterans Association, NARRA);


 Performs specific government functions (BIR, Immigration, CSC, BSP);
 Public service (PNR, MWSS, CAA);
 Regulate business affected with public interests (IPOPHL, IC, PHFIDA);
 Exercise police power to regulate private businesses and individuals (SEC, PRC, MTRCB);
 Resolve controversies (NLRC, DARAB, etc.).

D. GOCC vs. GICP

Government Owned or Controlled Corporations Government Instrumentality with Corporate Powers


Exercising government function
Created and organized for common good
May exercise or endowed with corporate powers
Organized as a stock or non-stock corp. Neither a stock nor non-stock corp.
Created by law or under the Corp. Code. Not a corporation, created by law only
Requires economic viability Economic viability not required
Stocks divided into shares Not organized as a stock corp.
Govt. directly or indirectly owns or controls at least Not required
51% share of the capital stock

E. Rules on GOCCs and GICP

 All administrative agencies are public offices, but not all public offices are administrative agencies (eg. Congress, Courts)
 All administrative agencies are government agencies.
 All public corporations are administrative agencies, but not all administrative agencies are public corporations (eg. Departments, GICP and
commissions)
 GOCCs are corporations, GICPs are not, and GOCCs cannot be GICP (except for BSP-sui generis).
 GOCCs must meet twin constitutional test: (1) common good and (2) economic viability
 Charter – special law; Non-chartered – Corp. Code.
 All quasi-corporations are GOCCs, GICP are not quasi-corporation since they are not corporations.
 Distinction between GOCC and GICP matters because of the following:
o Local Taxation – GICPs are exempt (PFDA, MIAA, PRA, MWSS, UP)
o Legal/Docket Fees – GICP are exempt (BCDA)
o COA Jurisdiction
o Relationships either attachment, control or supervision

II. Administrative Agencies and Relationship

A. Types of Administrative Relationship:

 Independent/Autonomous: In terms of functional and fiscal independence (Eg. COA, CSC, COMELEC, Ombudsman, ERC, LGU)
 Supervision: oversee and monitor policies and may declare such acts illegal; but it cannot change choices; (Eg. President over LGUs)
 Control: Change decisions and modify choices, overrule previous decision, clip discretion and direct discipline over its subordinates (Eg.
President over IATF, Departments and Some GOCCs and GIs)
 Attachment: May preside over the board and has 1 vote over the board; require reports of the particular attached AA; (Eg. National
government agencies in GOCCs and GI Boards)
III. Powers and Functions of Administrative Agencies

A. How should the grant of powers to AA construed?

 In determining whether the admin agency has a certain power, the authority given should be liberally construed in the light of:
o (1) The purposes for which it is created; and
o (2) That which is incidentally necessary to a full exposition of the legislative intent should be upheld as being germane to the law.
 Powers should NOT be extended by implication beyond what may be necessary for their just and reasonable execution. Official powers
cannot be merely assumed by administrative officers, nor can they be created by the courts in the exercise of their judicial functions.
 AA possesses delegated, not inherent powers.
 AAs are subordinate and not superior to/above enabling instrument, charter or laws.
 AAs cannot prohibit what law does not prohibit (unless LGU)

B. Powers

 Rule-making (quasi-legislative power)


 Adjudication (quasi-judicial power)
 Incidental powers such as: Investigating, Supervising, Prosecuting, Advising, and Declaring.

C. Exercise of the Powers of Administrative Agencies

 Ministerial vs. Discretionary:


o Ministerial: duty to do a particular thing in a particular way.
o Discretionary: decide or act according to one’s judgment.
 Mandatory vs. Directory:
o Mandatory: requirements must be followed. Non-observance is not excusable or a defense.
o Directory: non-compliance is excusable.
 Must be expressed in the enabling law or authority to exercise such power

D. Delegates potestas non potest delegare (Delegation of Powers to AA)

 Provides that a delegated power may not be further delegated by the person to whom such power is delegated.
 No department of the gov’t (Legis, exec & judiciary) can abdicate authority or escape responsibility by delegating any of its power to
another body.
o Exceptions: 1) President (tariff and emergency powers); 2) Local Governments; 3) Peoples Initiative; 4) Administrative Agencies
 Advantages of delegation of power to AA:
o It relieves the legislature of a great burden of work in respect to which it has no special competence, and thus enables it more
largely to direct its attention to matters of general import;
o It entrusts the drafting of detailed provisions, which are usually of a highly technical character, to the agencies most familiar with
the conditions to be met and which will have the responsibility of their enforcement;
o It permits a great flexibility in adopting the regulations to the different classes of individuals or interests affected; and
o It makes possible the prompt modification of a provision as soon as experience demonstrates that it is unsatisfactory
 Tests of Valid Delegation:
o Completeness test:
 Sets forth therein the policy to be executed, carried out or implemented by the delegate.
 A law must be complete in all its terms and provisions when it leaves the legislative branch of gov’t.
 Nothing is left to the judgment of others, or other appointee or delegate of the legislature.
o Sufficient standard test:
 Provides adequate guidelines or limitations in the law to map out the boundaries of the delegate’s authority and
prevent the delegation from running riot
 Specifies the limits of the delegate’s authority, announces the legislative policy, and identifies the conditions under
which it is to be implemented

IV. Rule Making or Quasi-Legislative Power

A. Concept:

 It is the power to:


o (1) Promulgate rules and regulations or general orders which are legally binding and receive statutory force upon going into
effect; and
o (2) Formulate interpretative rulings or regulations w/c do NOT receive statutory force but are accorded great weight when
questioned in court.
o Power to Issue Rules/ Fill in details/ ‘How’ (not ‘What’) a Law will be implemented; means to provide direct and efficacious
solutions to problems

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