Administrative Law
Administrative Law
Administrative Law
GENERAL PRINCIPLES
Administrative law is the part of public law establishing the framework
and determining the competence of administrative authorities (offices of
the government) and provides the individual person with remedies in
case his rights are violated. It is made up of laws which organize
administrative bodies; rules, regulations and orders issued by these
bodies, decisions over controversies in their particular field of
specialization; and doctrines dealing with their creating, operation and
effect of their decisions and regulations
As a function, administration refers to the implementations of the laws in
non-judicial matters by competent authority. As an organization, it refers
to the people controlling it for the time being.
Administration is classified into internal and external. Internal refers to
the legal side of public administration (personnel, budgeting, etc.)
External refers to problems of government regulations (regulation of
profession, business, etc.)
Administrative Bodies
An administrative body is a government organ that is neither a court nor
a legislative body (Senate, etc.) which affects the rights of parties either
through its rule-making or quasi-judicial powers. They created either by
the Constitution, law or by authority of law. Even though an
administrative agency conducts hearings and settles controversies, its
function is primarily regulatory since these hearings are part of its
regulatory duty. The rule-making power is administrative if it sets down
the details for the enforcement of law and doesn't have the discretion to
determine what the law says.
Types of Administrative Bodies:
1.) Those set up to make the government a private party (ex. the
GOCCs)
2.) Those set up for situations where the government offers grants or
special privileges (ex. Bureau of Lands)
3.) Those where police power is needed to regulate private businesses
and persons (ex. SEC)
Quasi-Judicial Power
the power of the administrative authorities to make determinations of
facts in the performance of their official duties and to apply the law as
they construe it to the facts so found.
Quasi-judicial power when it performs in a judicial manner an act
which is essentially of an executive or administrative nature, where the
power to act in such manner is incidental to or reasonably necessary for
the performance of the executive or administrative duty entrusted to it.
In carrying out their quasi-judicial functions, the administrative officers or
bodies are required to investigate facts or ascertain the existence of
facts, hold hearings, weigh evidence, and draw conclusions from them as
basis for their official action and exercise of discretion in a judicial nature.
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Methods of review
The methods of judicial review are prescribed by the Constitution,
statutes or the Rules of the Court. These methods may be specific or
general.
It is provided in RA No. 5434 that an appeal from a final award,
order or decisions of the Patent Office shall be taken by filing with said
body and with the Court of Appeals a notice of appeal within 15 days
from notice of such award, order or ruling, copies being served on all
interested parties. The Administrative Code generally provides that an
appeal from an agency decision shall be perfected by filing with the
agency within 15days from receipt of a copy thereof a notice of appeal,
and with the reviewing court a petition for review of the order. Copies of
the petition shall be served upon the agency and all parties of record. The
petition shall contain a concise statement of the issues involved and the
grounds relied upon for the review, and shall be accompanied with a true
copy of the order appealed from, together with copies of such material
portions of the records as are referred to therein and other supporting
papers. The Supreme Court instructed certain universally accepted
axioms governing judicial review through the extraordinary actions of
certiorari or prohibition of determinations of administrative officers or
agencies: First, before said actions may be entertained, it must be
shown that allthe administrative remedies prescribed by law or ordinance
have been exhausted; and, Second, that the administrative decision may
properly be annulled or set aside only upon a clear showing that the
administrative official or tribunal has acted without or in excess of
jurisdiction, or with a grave abuse of discretion.
Doctrine of Primary Jurisdiction or Prior Resort
There are two doctrines that must be considered in connection with the
judicial review of administrative decisions:
(1) doctrine of primary jurisdiction or prior resort; and
(2) the doctrine of exhaustion of administrative remedies.
The doctrine of primary jurisdiction simply calls for the determination
of administrative questions, which ordinarily questions of fact, by
administrative agencies rather courts of justice.