Prepared by:

GUALBERTO D. AGRIS, DPA

Course Facilitator
 P.A. 212 (Administrative Law
 Course Description:
This course deals with the basis of administrative
law in running the office, particularly, on the
part of the students taking the subject and who
are working students can apply right away and
must be posted of the knowledge, which will be
taken up in this subject, to wit: The Civil
Service employee and the law; Public School
Teachers opinions and ruling, Civil Service Law,
Civil Service Rules, Regulations Governing
Administrative Investigation, provisions
repealed by R.A. No. 2260 and merit system.
WE ARE WHAT WE
REPEATEDLY DO EXCELLENCE
THAN IS NOT AN ACT, BUT A
HABIT.

By: Aristotle
What is law?
What is law?
1. A citizen may think of ‘law’ as a set of rules
which he must obey.
2. A lawyer who practices ‘law’ may think of
law as a vocation.
3. A legislator may look at ‘law’ as a something
created by him.
4. A judge may think of ‘law’ as a guiding
principles to be applied in making decisions.
Law
Law includes all those
rules and regulations
which regulate our
relations with other
individuals and with the
state.
Meaning of law
 Law means a set of rules.
 It may be defined as the rules of
conduct recognized and enforced by the
state to control and regulate the
conduct of people, to protect their
property and contractual rights with a
view to securing justice, peaceful living
and society security.
 The law is not rigid, it is flexible.
Meaning of law
 Since the value system of society
keeps on changing, the law also keeps
changing according to the changing
requirements of the society.
 There are several branches of law such
as international law, constitutional
law, criminal law, civil law,
administrative, etc.
 Every branch of law regulates and
controls a particular field of activity.
Why should
one know law?
Why should one know law?
 Because ignorance of law is no excuse.
 Ex: 1
If X is caught traveling in a train without
ticket, cannot plead that he was not aware of
the rule regarding the purchase of ticket and
therefore, he may be excused.
 Ex: 2
If Y is caught driving scooter without driving
licence, he cannot plead that he was not aware
of the traffic rule regarding the obtaining of a
driving licence and therefore, he may be
excused.
Definition of Law by
Salmond

“Law is the body of

principles recognized
and applied by the State
in the administration of
the justice”
Object of law

The object of law is order,

and the result of order is
that men are enabled to
look ahead with some sort
of security as to the
future.
Need for the knowledge of
law
 ‘Ignorantia juris non excusat’ is a
familiar maxim. This means ignorance
of law is not excusable.
 The law now a days is a matter of great
intricacy.
 As such no sound business man would
attempt to solve important legal
questions affecting his business interest
without expert legal advice.
What is Administrative
Law?
What is Administrative Law?
 Belongs to the field of public law which includes
constitutional law, criminal law and international law.
Public Law – is a branch of law which regulates the
relations of the state with its subjects.
 It has been defined in its widest sense as “the entire
system of laws under which the machinery of the State
works and by which the State performs all government acts.
 The law which provides the structure of government and
prescribes its procedure.
 The law which controls or is intended to control the
administrative operations of the government or the law of
governmental administration.
 In a less comprehensive sense, it has been referred to “as
that part of public law which fixes the organization and
determines the competence of the administrative
authorities, and indicates to the individual, remedies for
the violation of his rights.
 What is Administrative
Law?
• K.C.Davis - law concerning powers & procedures of
administrative agencies including the law governing
judicial review of administrative action (American
approach)
• A.V.Dicey – portion of national legal system determining
legal status and liabilities of all state officials, defining
rights and liabilities of private individuals in dealing with
public officials & specifying procedure by which such
rights & liabilities are enforced (British approach)
• Ivor Jennings – law relating to administration. It
determines organization, powers and duties of
administrative authorities (Modern British approach)
Administrative Law - most outstanding legal
development of the 20th century
What is Administrative Law?
 Body of law created by the agencies and departments of
the government, which carry out the laws passed by
Congress or a state legislature.
 Congress passes a law on a complicated issue, Congress
often needs help determining all of the details of how the
law will be enforced and implemented.
 Administrative agencies and government departments fill
in those gaps for Congress and pass additional rules and
regulations to achieve Congress's goals.
 There are two main types of administrative law: rules
and regulations and administrative decisions. Both are
made by government agencies or commissions which
derive their authority from Congress or a state legislature.
Most of these agencies or commissions are part of the
executive branch of government.
What are administrative
rules and regulations?
 The laws passed by the Congress or a state
legislature do not go into detail about how the
law is to be applied and enforced, or about the
procedures to be used.
 This is the role of executive departments and
agencies, which promulgate and administer
rules and regulations that govern how the law
will be carried out.
 Statutes and case law, these rules and
regulations are considered primary and binding
law for citizens of the jurisdiction.
Reasons for Growth of
Administrative Law
 Growth of administrative powers & functions
 Shift from laissez faire system(19th century)
to that of social welfare state (20th century)
 State activism & Multiple roles played by state
– service provider, active instrument of socio-
economic policy, economic regulator,
entrepreneur,& facilitator
Scope of Administrative Law
 The law which fixes the administrative organization
and structure of the government;
 The law, the execution or enforcement of which is
entrusted to administrative authorities;
 The law which governs public officers including their
competence (to act), rights, duties, liabilities,
election, etc.;
 The law which creates administrative agencies,
defines their power and functions, prescribes their
procedures, including the adjudication or settlement
by them of contested matters involving private
interest;
 The law which provides the remedies, administrative
or judicial, available to those aggrieved by
administrative actions or decisions;
Scope of Administrative Law
 The law which governs judicial review of,
or relief against, administrative actions or
decisions;
 The rules, regulations, orders and
decisions (including presidential
proclamations) made by administrative
authorities dealing with the
interpretation and enforcement of the
laws entrusted to their administration;
 The body of judicial decisions and
doctrines dealing with any of the above.
Scope of Administrative Law
 Administrative law embraces not only the
law that governs administrative
authorities, i.e., the Constitution
(pertinent provisions thereof), and them
as well as appropriate statues, and
judicial decisions that construe principles
of justice and equity in particular cases,
but also the law made by administrative
authorities, i.e. rules, regulations, orders
and decisions, whether of general or
particular applicability.
Classification of
Administrative Law
1. As to its source
 The law that controls administrative authorities
 The law made by administrative authorities includes
both general regulations and particular
determinations.
2. As to its purpose
 Adjective or procedural administrative law –
procedure which agency must or may follow in the
pursuit of its legal purpose.
 Substantive administrative law
Classification of
Administrative Law
3. As to its applicability
 General administrative law
Special or particular administrative law
Principles of Natural Justice
 Rules not generally embodied & not fixed by
any code
 Have been developed to secure justice and to
prevent miscarriage of justice
 Based on the maxim - Justice should not only
be done but should manifestly be seen to be
done
 Encompass Rule against bias & Rule of fair
hearing
 Applicable to administrative and quasi-judicial
proceedings
Rule of Fair Hearing
 Based on the maxim – Audi alteram partem
(no man shall be condemned unheard) – hear
the other side
 Rule of fair hearing
 Ingredients – notice, right to disclosure of
evidence, right to legal representation, right
to produce evidence, opportunity to rebut
and cross examine, one who decides must
hear & reasoned decision, Post decisional
hearing
Rule against Bias
 Originates from maxim- Nemo debet
esse judex in propria sua causa (no
man can be a judge in his own cause)
 The rule disqualifies a person from
deciding a dispute in which he has-
pecuniary bias; personal bias; or bias
relating to subject matter
 Includes pre-conceived notion bias
 Instances: personal bias; pecuniary
bias
THANK YOU