Tiêu đề Administrative Law - De Leon.pdf ✅

TABLE OF CONTENTS I. Introduction II. Control of Administrative Action III. Powers and Functions of Administrative Agencies IV. Administrative Procedure VI. Judicial Review of Administrative Decision VII. Modes of Judicial Review VIII. Extent of Judicial Review IX. Enforcement of Agency Action PART I. INTRODUCTION ADMINISTRATIVE LAW - that branch of public law dealing with the doctrines and principles governing the powers and procedures of administrative agencies including especially judicial review of administrative action. An ADMINISTRATIVE AGENCY is any governmental authority other than a court or legislative body performing rule-making or adjudicatory functions. “AGENCY” – includes: • any department, bureau, office, commission, authority or officer of the National Government authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases; • government corporations with respect to function regulating private right, privilege, or occupation or business; • officials in the exercise of disciplinary power as provided by law. (Sec. 2 (1), Book VII, Admin Code of 1987) Powers of an administrative agency a) rule-making b) adjudicatory c) licensing (permits) d) price/rate-fixing e) implementing/executory Procedure  PROCEDURAL DUE PROCESS is the minimum requirement Factors which gave rise to admin. agencies 1) growing complexity of modern life - as society gets more complex, there are more things to regulate 2) the multiplication of the subject of governmental regulation 3) the increased difficulty of administering the law Constitutional status of admin. agencies  the admin. agency does not strictly belong to one branch.  The agency does not constitute a 4th branch of government because the constitutional scheme (separation of powers) only allows 3 branches of government. Role of Admin. Agencies Residual Powers  the powers given to the three branches spill over because of the 3 shortfalls. There is a need for a body which would act as a catching mechanism, otherwise, the three branches would collapse. The AA supports the trichotomy of powers. How do these agencies come into being? a) by statute b) by the constitution c) by Executive orders - usually fact-finding agencies CREATED BY CONGRESS CREATED BY THE CONSTITUTION 1. can be modified by congress 2. may be altered or abolished 1. perform more sensitive functions 2. – underscoring the independence of the agency thus, insulate it from political pressure
 The Chief Executive exercises CONTROL over agencies and offices which perform rule-making / adjudicatory functions.  If the agency is created by Congress - consider the law that created it. If the law is silent as to the control which the President may exercise, the President can only SUPERVISE, i.e., to see to it that the laws are faithfully executed. Why are administrative agencies necessary?  Administrative agencies are necessary due to the inadequacies of the executive- legislative-judicial trichotomy.  The 3 great branches of government lack: (1) time; (2) expertise; and (3) organizational aptitude for governmental supervision. The doctrine of separation of powers:  To prevent absolutism.  Under the doctrine of separation of powers, The Supreme Court cannot assume the administrative function of supervisory control over executive officials.  In Noblejas v. Teehankee (1963), the Supreme Court struck down Noblejas’ claim that the Commissioner of Land Registration, being entitled to the same compensation, emoluments & privileges as a CFI judge, can only be investigated and suspended in the same manner, and not by the Secretary of Justice.)  Members of the Supreme Court cannot sit as a board of arbitrators. (Manila Electric Co. v. Pasay Transpo, 1932)  A judge cannot become a member of a provincial committee on justice which performs administrative functions. (In Re: Rodolfo U. Manzano (1988) PART II. CONTROL OF ADMINISTRATIVE ACTION CONTROL  the power to change, modify, alter decisions of subordinates SUPERVISION  power to oversee A. Legislative Control Ways of exercising control by Congress a) Abolition  isn’t effective because the admin. agencies are needed. b) Appropriation  isn’t effective since appropriations are always given. If no appropriation is given, the public would suffer. c) Investigatory  effective only as an aid in legislation and cannot serve the need for constant regulation d) Prescription of legislative standards  ineffective because the standards should be flexible and those who make the standards lack the expertise. The standards must be EFFECTIVE, SUFFICIENT.  Most of the time, Congress is not definite because of (a) varying conditions and (b) differences in the need for regulation e) Prescription of minimum procedural requirements  There should be a shift to Administrative standards which allows the agencies to come up with the standards themselves.  This can be effected in these ways : 1) modify the doctrine 2) procedural due process  Congress can prescribe minimum procedural requirements which have a general applicability to all agencies. But even with this, there are sill problems, namely; 1) Agencies are not bound by the technical rules of procedure 2) agencies need flexibility to act  These minimum procedural requirements may be found in Book 7 of the Admin. Code of 1987.
Substantial evidence - such relevant evidence which a reasonable mind will accept as adequate to support a conclusion B. Executive Control  Executive power is vested in the President (Art. VII, Sec. 1, 1987 Constitution)  RULE: The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. (Art. VII, Sec. 17, 1987 Constitution)  EXCEPTIONS: In the case of agencies created by the legislature (e.g. NLRC, BIR, LTFRB), one must check the enabling law regarding Congress’ intention regarding this.  If the law is silent, the President cannot exercise control but merely supervision.  However, in cases involving agencies under the executive branch, the President has control. C. Judicial Control  Judicial review of administrative actions D. Ombudsman  Investigates and prosecutes  All elective and appointive officials, including cabinet members, GOCC’s and local government are within his jurisdiction.  Those who may be removed only by impeachment are not within his jurisdiction • The Ombudsman may not veto or revise an exercise of judgment or discretion by an agency or officer upon whom that judgment or discretion is lawfully vested, esp. where the matter involves basically technical matters coming under the special technical knowledge and training of the agency / officer. (Concerned Officials of MWSS v. Vasquez (1995), where the Ombudsman was held to have interfered with a bid-and- award contract.)  The Ombudsman has no jurisdiction to initiate an investigation into the alleged delay in the disposition of a judicial case. It is the Supreme Court which has administrative supervision over all courts and the personnel thereof. (Dolalas v. Office of the Ombudsman, 1996) PART III. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES A. Legislative Functions 1. Non-Delegation Doctrine  theoretically puts a check on the legislature from abdicating its duty by delegating its power to make law. This is a corollary to the doctrine of Separation of Powers.  the later attitude of the SC is more liberal and is in favor of sustaining the validity of the delegation.  Courts have realized the necessity of delegation of powers - broad or vague standards are sufficient 1. Policies - limits, boundaries, complete in itself, leaves nothing to the discretion; may be in another statute (Chiongbian v. Orbos) 2. Standards - express or implied (Edu v. Ericta); written administrative standards (White v. Roughton) What are the matters that Congress cannot delegate?  Creation of municipalities (Pelaez v. Auditor- General)  Imposition of criminal penalties (US v. Barrias)  Designation of a particular act as a crime (People v. Maceren)  Creation of standards on the part of the agency Requisites for a valid delegation (Pelaez v. Auditor General) a) the law must be complete in itself; must set forth a policy to be executed b) must fix a standard, the limits of which are sufficiently determinate or determinable, to which the delegate must conform in the performance of his functions.  The standard may be express or implied (Edu v. Ericta)  The standard does not have to be found in the law being challenged. It may be embodied in other statutes on the same
subject matter as that of the challenged legislation. [Chongbian v. Orbos (1995). Here, the challenged law was the ARMM Organic Act. The standard was found in the Reorganization Act.] Examples of sufficient standards include:  Assumption by Labor Minister over strikes affecting national interest (Free Telephone Workers Union v. Minister of Labor and Employment, 1981) Reorganization of administrative regions in ARMM (Chiongbian v. Orbos, 1995) Standard may be implied from other laws, e.g. RA 5435 (simplicity, economy, efficiency)  Fixing of rates by National Telecommunications Commission (Philcomsat v. Alcuaz, 1989) The standards used were public safety, public interest, reasonable feasibility and reasonable rates (case to case basis)  WON rate-fixing is legislative or quasi- judicial Legislative Quasi-judicial  No notice and hearing required unless the law requires  Notice and hearing required  To be able to present evidence and prove the possible adverse effects on its financial viability In Santiago v. COMELEC, RA 6735 is incomplete, inadequate or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned. COMELEC resolution is void as there are no standards at all, no legislative policy. In Panama Refining Co. v, Ryan, for subordinate rules to be valid, such must be within prescribed limits of the statute creating or granting such authority.  In A.L.A. Schecter Poultry Corp. v. U.S., the legislature cannot make a sweeping delegation of legislative power. 2. Permissible Delegation  The Legislature must establish the standard; AAs only to make subordinate rules a. Ascertainment of fact (Lovina v. Moreno) b. Filling in of details (Alegre v. Collector of Customs) 3. Administrative Rule making  Administrative rule-making or subordinate legislation  Valid as long as germane, consistent, implements the law  Normative and prescriptive in character  has the force and effect of law; affects substantive rights  must not go beyond the standards prescribed by the law.  General in application INNOVATIONS IN BOOK VII 1) date of effectivity : 15 days after filing with UP Law Center - publication - submit to UP Law Center a) Quarter bulletin b) up-to-date codification  EO 200 allowed publication I na newspaper of general circulation  Art. 2 NCC - 15 days after publication in the OG  Adm. Code - 15 days after filing 2) Public Participation (Sec. 9)