Reviewer in Administrative Law May Encarnina P. Gaoiran Chapter I GENERAL CONSIDERATIONS Nature Administrative Law- 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 purposes of promoting the well-being of the community, as under laws regulating the follo
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  Reviewer in Administrative Law May Encarnina P. Gaoiran   Chapter IGENERAL CONSIDERATIONS   NatureAdministrative Law-  branch of modern law under which the executivedepartment of the government, acting in a quasi-legislative or quasi- judicial capacity, interferes with the conduct of the individual for the purposes of promoting the well-being of the community, as under lawsregulating the following:i. ii. public interestiii. professionsiiii. trades and callingsv. rates and pricesvi. laws for the protection of public health and safetyvii. promotion of public convenience (Pound) - part of public law which:i. fixes the organization of the government;ii. determines the competence of the authorities;andiii. indicates the individual remedies for violationof rights (Goodnow)- branch of the law which deals with the field of legalcontrol exercised by aw-administering agenciesother than courts, and the field of control exercised by courts over such agencies (Franfurter)  Object and Scope of Administrative Law ã regulation of private right for public welfare  Origin and Development 1. Origin: legislation; Rationale: expediency2. Doctrine of separation of powers:  All rules and conduct aresupposed to be laid down by the legislature, subject to the directenforcement of the executive department, and the application or interpretation by the judiciary; Remedy: delegation of powers  Sources 1. Constitutional or statutory enactments creating administrativebodies a. Article IX, Constitution b. Social Security Act- established the Social SecurityCommission  c. Administrative Code of 19872.  Decisions of courts interpreting the characters of administrative bodies and defining their powers, rights,inhibitions, among others, and the effects of their determinations and regulations a. Artuc v. Commission on Elections b. Maceda v. ERB3.  Rules and regulations issued by the administrative bodies in pursuance of the purposes for which they were created  a. Omnibus Rules Implementing the Labor Code b. Circulars of the Central Monetary Authority on interestratesc. Regulations of the Commission on Immigration andDeportationd. Rules promulgated by the SEC; Bureau of Patents,Trademarks and Technology Transfer 4.  Determinations and orders of the administrative bodies in thesettlement of controversies arising in their respective fields a. Refers to the adjudications of administrative agencies in theexercise of their quasi-judicial power   Administration   Two Senses 1. Institution- U.S v. Dorr  : it refers to the aggregate of individuals in whose hands the reins of government are for the time being; it refers to the persons who actually run thegovernment during their prescribed terms of office GovernmentAdministration - agency or instrumentality through which the will of the State is formulated expressed and realized- transitional in nature; it is a more or less permanentfixture in every State 2. Function- it means the actual running of the government bythe executive authorities through the enforcement of lawsand the implementation of policies  As an Activity 1. Internal- a. covers those rules defining the relations of publicfunctionaries inter se  b. embraces the whole range of the law of public officersc. consists rules laid down in particular agency or office2. External- a. defines the relations of the public office with the public in general b. promulgated for observance by those who havedealings or transactions with said officec. promulgated by the administrative agency in theexercise of its quasi-legislative authority for theregulation of specific matters placed under its jurisdiction  LawAdministration 1) impersonal command provided with sanctions to beapplied in case of violation preventive rather than punitive and is accepted to bemore personal than law2) impersonal; it is concerned only with obedience toits established mandate or directivehas a more sympathetic regard for the individual andseeks to spare him from punishments of the law by persuading him to observe its commands may clarify certain ambiguous provisions in statutesthrough the issuance of interpretative regulations meantto make it easier for the people to understand and soobey the law   Chapter IIADMINISTRATIVE AGENCIES   DefinitionAdministrative Agency- a body endowed with quasi-legislative andquasi-judicial powers for the purpose of enabling it to carry out lawsentrusted to it for enforcement or execution. o  Humphrey v. US: appointed by law and informed byexperience- they will persist so long as the general publiccontinues to rely on the services they offer and aresatisfied with their performance of their primordialtask    Agency- any 1) department, 2) bureau, 3) office, 4) commission, 5)authority or officer of the National Government (d-b-ca)  authorized bylaw or executive order to 1) make rules, 2) issue licenses, 3) grant rightsor privileges and 4) adjust cases (miga) ; research institutions withrespect to licensing functions; government corporations with respect tofunctions regulating private right, privilege, occupation or business; andofficials in the exercise of disciplinary power as provided by law. Chartered institution- refers to any agency organized or operatingunder a special charter, and vested by law with functions relating tospecific constitutional policies or objectives.  Department-  refers to an executive department created by law. Bureau- refers to any principal subdivision of any department.  Office- refers, within the framework of government organization, to anymajor functional unit of a department or bureau, including regionaloffices.   - refers to any position held or occupied by individual persons,whose functions are defined by law or regulation.  Instrumentality-  Malaga v. Penachos, Jr., : a governmentinstrumentality refers to any agency of the National Government notintegrated within the department framework, vested with specialfunctions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operationalautonomy, usually through a charter.  - includes regulatory agencies. Chartered institutionsand government-owned or controlled corporations o  Beja, Sr. v. CA: 3 administrative relationships (Book IV, Chapter 7 of theAdministrative Code)1. supervision2. control3. attachment of an agency to a department - refers to the lateral relationship between thedepartment or its equivalent and attached agency or corporation for purposes of policy and programcoordination. Purpose: 1. policy2. program coordination  coordination- may be accomplished by thefollowing:1. having the department represented in thegoverning board of the attached agency or corporation how? Either as chairman or as a member,with or without voting rights, if this is permitted by the charter 2. having the attached corporation or agencycomply with a system of periodicreporting- shall reflect the progress of  programs and projects3. having the department or its equivalent provide general policies  through itsrepresentative in the board- shall serve asthe framework for the internal policies of the attached corporation or agency Authority- designates both incorporated and non-incorporatedagencies and instrumentalities of the government.   Government-owned or controlled corporation-  Leyson v.Office of the Ombudsman: refer to any agency organized as a stock or non-stock corporation vested with functions relating to publicneeds whether governmental or proprietary in nature, and owned bythe government directly or indirectly or though its instrumentalities,either wholly or applicable, as in the case of stock of corporations, tothe extent of at least 51% of its capital stock - may be further categorized by the 1) department of  budget, 2) the civil service commission and 3) thecommission on audit for the purpose of the exerciseand discharge of their respective powers, functionsand responsibilities with respect to suchcorporations. Nature
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