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/ 123
PARTI
ADMINISTRATIVE LAW
CHAPTER |
INTRODUCTORY
S101. Scope.
31.Am, Sur 2806.
‘Bxecutive Order No. 292 iseued on July 26, 1987. agencies attached thereto (Book IV); Constitutional Commissions,
namely: the Commission on Elections, the Civil Service Commission
and the Commission on Audit, and other constitutional bodies (Book
V); National Government Budgeting (Book VI); and Administrative
‘The broad scope of administrative law as enshrined in the 1987
Administrative Code covers those of internal az well as those of
- :
the mode of exercise of administrative power and the system of re-
> c
Administrative law is of four kinds: (a) statutes setting up
administrative authorities; (b) the body of doctrines and decisions
i orders of such ad-
ministrative authorities in the settlement of controversies arising in
___ Administrative law consists of pertinent provisions of the Con-
‘Am. Jur,
tq? 2 Book VU, 1967 Administrative Code; Mecano v. COA, 216 SCRA 500
982).
ADMINISTRATIVE LAW
Introductory
statutory principle that general legislation must give way to special
legislation on the same subject, and generally so interpreted as to
‘embrace only cases in which the special provisions are not appli.
eable*
$1.04, Administrative framework.
At the apex of the administrative framework of the Republic of
fded in the cee :
Powers, administering special funds, and enjoying operational au-
‘tonomy, usually through @ charter. This term includes regulatory
agencies, institutes anc government-owned or controlled
An instrumentality is anything used as a means or agency. The
terms governmental “agency” are “instrumentality” are synonymous
in the sense that either of them is a means by which the government
“vera ¥IAC, 167 SCRA 28 (988s al Ruben. Aga, Sttstory
Contr 87 a
eRe Mann 18 SoA 24180)
‘mintatv ode of 187m nd Sl AtrtyCour of ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
‘acts, or by which a certain governmental act or function is performed.
‘The word “intrumentalig™ with respect to a state, contemplates an
authority to which the state de lpn governmental power forthe
@
ADMINISTRATIVE LAW
Introductory
‘The public officers and employees w! rho perform the duties and
exercise the powers in the administrative set-up ofthe government
arecompendiously called “administration.” The term “administration”
rofers to the aggregate Of tone persons in whove hand the reins of
rely tndonbrioestheides ore term, duration, emoluments,
ines which ~ pamers and uties, All of them taken together constitute a public
‘8 “legal personality.” Thetexpirat tion ofthe term ofan incorporated
agency or instrumentality has consequences which must be looked
Pari the chartar ofthe agency and, as supplement, fn the provisions
on Code. When the statutory term of a
Sherpa agumcy expire the powers, duties and function aa
‘well as assets and liabilities of that agency revert back to, and are re-
‘sumed by, the Republic of the Philippines, in the absence of special
Provisions of law specifying some other disposition thereof.!*
Chartered institution refers to any agency organized or operat-
ing under a specific charter, and vested by law with functions relat-
ing to specific constitutional policies or objectives. This term includes
the stato universities and colleges, andthe monetary authority of the
stage
‘Luzon Dev Bank v. Assocation of Luson Dev, Bank Employees, 4 SCAD 916,
249 SCRA 162 (19961.
ag 28 A4 Stel Authority v. Court of Appeals, 5 SCAD 261, 249 SCRA S38
”akepbl Court of Apel, 8 SCAD 261, 200 SCRA 261190
‘Iron and Steel Authority v. Curt of Appeala, 65 SCAD 261, 249 SCRA 558
11905)
‘Malaga v. Panachos, Jr, 213 SCRA 616 1992),
A public office is created by the Constitution or by law or by an
oftcer or tribunal to which the power to conte the eMiayhon ean
‘aap fy pare. The ton bn or
he
All ac Satna coe aes aa oe
thegaiy She, Consttaton are created by statutes or hy officers or
tribunals authorized by Congress to do so expressly or impliedly.
Except sich office as are created by the Consitution/he
‘reation of public offices is ‘primarily a legislative function. In so far
aa the legislative power in this respect is is not restricted by the
‘40 8. w. Dorr, 2 Pil, $88 (1908),
\SPemandes v. Sto, Tomas, 69 SCAD 488, 248 SCRA 104 [1906).
‘See. 29), 1987 Administrative Code.
63 Amn. Jur, 24 067, ADMINISTRATIVE LAW
Introductory
administering and implementing particular legislations.” The rea-
sons why there has been a need for, and a growing number of, spe-
calizod administrative agencies are as follows:
1, Tounclog court dockets. To relieve courts of the burden of
resolving all controversies, specialized agencies have been created to
hear and decide particular disputes.”
2. ‘To meet the growing complexities of modern society.
tad the powers and duce ofthe acs holder and, if it oees fit, problems of modern society multiply, Which cam hardly be mat bythe
abolish the office."* legislature, administrative agencies are established to promptly cope
up with such problems.
$1.06. Power to reorganize includes power to create or 3. To help in the regulation of ramified activities of a devel-
abolish offices. ‘oping country
‘The legislature usually exercises the power to create or abolish 4, To entrust to specialized agencies in specified fields with
by celegating the tabard or to another executive Stier or their special knowledge, experience, and capability the task of dealing
‘with problems thereof as they have the experience, expertise and
+ power of dispatch to provide solutions thereto.”
‘These reasons necessitate the creation by Congress ofa number
of administrative agencies.
‘he most comman typey of administrative bodie tasked with
Veteran, Philippine Veterans Administration, Government Service
Insurance System, and the Social Security System. ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
3. Agencies set up to function in situations wherein the gov-
ernment is performing some business service for the public, like the
Bureau of Posts, the Postal Savings Bank, Metropolitan Waterworks
and Sewerage Authority, Philippine National Railways, the Civil
Aeronautics Administration.
4. Agencies set up to function in situations wherein the gov-
emment is seeking to regulate business affected with public inter-
est, like the Fiber Inspection Board, the Philippines Patent Office,
Office of the Insurance Commissioner.
‘Presidential Anti-Dollar Salting Task Force v. CA, 171 SCRA S48 [1966]
CHAPTER II
POWERS OF ADMINISTRATIVE AGENCIES
A. IN GENERAL
i tive
executive agencies and officials, not only in the execution of the laws,
but algo in the promulgation of certain rules and regulations and the
adjudication of claims and disputes calculated to promote public
interest.
"1 Am. Jur. 22872,
*Calalang v, Williams, 70 Phil. 796 1940), ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
Administrati ive agencies neither fll undar the legislative nor
judicial b
of these, ts exception he gona als le against
2 of power’ They are thus a distinct department of
Raita ee which are
txdministrative and sometimes ministerial in characiar as wall as
Constitution or bylaw ‘They have only such powers as are expressly
‘granted to them by law and those that are necessarily implied in the
exercise thereof*
‘The two most important powers of administrative officers are
tive
this combination of powers is the principal resson which has given
Fine tothe necessity of “Administrative Law” asa new clasifeation
f
a Vesture of powers Uberally construed.
a settled principle of law that in determining whether an
adninisatve agency has etn power, the inquiry should be
from the law itself and the authority given should be liberally
construed in the light of the purposes for which it was created, and
that which is incidentally necessary to a full implementation of the
legislative intent should be vy upheld as being germane to the law.
Nedessarily, too, where the end is required, the appropriate means
‘are deemed given.
"1 Am. Jur. 24872.
‘Filipinas Engineering and Machino Shop v. Ferre, Feb. 28, 1986,
SGuerzon v. CA, 164 SCRA 182 (1988).
‘Eastern Shipping Lines, Ine. v. POEA, 166 SCRA 533 [1988].
bes :
within titled property, are within the bed of a river, which can be
declared a public nuisance and ordered removed."
‘The powers of excative or adminiatratve agencies or officials
Limitations which it imposes upon the exercise of the authority wl which
it gives.
‘A public official exercises power within the law which grants it,
‘The government itself is merely an agency through which the will of
‘Solid Homes, Ine. . Payawal, 177 SCRA 72, 79.
‘Matiensov.Abellera, 162 SCRA 3 (1988).
Heirs of Santiago Peatral v. Secretary of Public Werks and Communications,
162 SCRA 619 (1988).
‘SSarconv, Castille, 26 SCRA 85S [19601 ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
the state is expressed and enforced. Its officials therefore are like-
exoreay granted tof tnd thee carry imped inthe ee
cise thereof.*
$2.11. Grant of juriediction and what is implied therefrom.
Villeges v Subido, 30 SCRA 498 1980).
“Radio Communications of the Phil, Inc. v. Santingo, 68 SCRA 499 (1974).
"Aaron Sandignbaya, 79 8CAD G64 (1077,
Pimentel x, COMELEC, 101 SCRA 769 (1880).
"Chung Ka Bi x IAC, 165 SCRA 594, 645-546 (1968).
ADMINISTRATIVE LAW a
lations in the exercise of its quasi-legislative power, where the en-
abling statute does not eo confer.
Jurisdiction cannot be impliod from the language of « statute,
at a
Sots init to adjudicating caime and complaint fled by the in.
sured against the insurance company.”
Problems as to whether an administrative agency has jurisdic-
ower to cancel or suspend quota allocations, is beyond cavil.”#
‘The grant of judicial or quasisjudicial power to try actions car-
tive® ‘very regularly conetated court or quasisu dial bey has
‘Tele Santon 200 SCRA 818 (1011,
ag
‘*Ghijiv. Harvey, 43 Phil. $59 (19231; Suanes v. Chiaf Acountant of the Sen-
‘te, 81 Phil. 877 £1948) ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
theewise provides, forthe authority to decide eases is inutile unless
‘accompanied by the authority to see that what has been decided is
carried.
C. MINISTERIAL AND DISCRETIONARY POWERS
$2.12, Ministerial power.
The dutios and powers of public officers may either be ministe-
rial or discretionary. A ministerial duty is one which is so clear and
pert tnmmns sm
SAT aE eT
Sonoma nano
Sei,
Se ert ER nace
discretion nor judgment.”
To fac thatthe duties ofan ofil are miniatti] doesnot
necessarily follow that he may not, in the administration of his office,
determine questions of law. This ¢ determination of w yhat the law is
involves the exercise of judgment
$2.18. a duty distinguished from diseretionary
een juty is one which is so clear and specific as to
leave no room for the exercise of discretion in its performance. On
performances the duty i discretionary, a petition for certiorari may
Carino v, Capulong, 41 SCAD 776, 222 SCRA 608 {1983}; Mateo v. Court of
‘Asuncion v De Yriarte, 28 Phil. 67 [1914],
‘Symon Ain 106 Pa 1190 2900) Mateo CA, 198 SCRA 38019013 ADMINISTRATIVE LAW
ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS :
{AND BLEGTON LAW . Manduory ead Permian Dt snd Powers
lie where there is grave abuse of diseretion amounting to lack of uty is discretionary.* A discretionary duty is that which by its
Jurisdiction on the part of the official or administrative agency. nature requires the exercise of judgment.”
ion means sound discretion exercised not arbitrarily or
willfully, but with regard to what is right and equitable under the
$2.14. Discretionary ee circumstances and the law and directed by officer’s reason and
As a general rule, discretion is the faculty conferred upon an conscience to just result." In the absence of arbitrariness or grave
official by which he may decide a question either way and still be abuse of discretion, the officer conferred with discretion to decide a
right." ‘question may decide the quection either way and still be right® and
_ Discret applied to public 08, fy his decision is not subject to the contrary judgment or control of
or right conferred upon them by law of acting officially, under certain amma
circumstances, uncontrolled by the judgment or consciences of others,
1f the ley imposes a duty upon a pubic offcar and gives him the D. MANDATORY AND PERMISSIVE
‘ it to decide how or when the duty shall be performed, such duty DUTIES AND RS
is discretionary and not ministerial." Pows
A discretion entrusted to a public ‘officer may not, as a rule, be Generally.
delegated, It has been held that an officer to whom a discretion is (15. ints 4
entrusted cannot delegate it to another, the presumption being that The powers and duties of public officers or administrative
he was chosen because he was deemed fit and competent to exercise agencies may also be classified as mandatory or permissive. The
‘that judgment and discretion, and unless the power to substitute question as to whether a duty or power vested in an official or
another in his place has been given to him, he cannot delegate his administrative agency is mandatory or permissive depends upon the
duties to another. In those Eases in which the proper execution of the Kind of the statute which granted such power.
office requires on the part of the officer the exercise of judgment or Statu classified sithor as mandatory or directory.
discretion, the presumption is that he was chosen because he was PE neni fpenorg apeadt erat heiress
deemed fit and competent to exercise that judgment and discretion, effect should be given to the mandate of a statute. Will an act done
and, unless the power to substitute another in his place has been in violation of a statute render it void? Will the nonperformance of
‘what a statute prescribes make the proceedings to which it relates
inder
the dictates of other's own conscience or statute is considered mandatory or merely directory.
Nay of tias cae 42.16, Mandatory and directory powers or duties, generally.
acting, under certain
e judgment or conscience of others, ‘The law defines whether a function or power vested in an official
If the law imposes a duty upon a public officer and gives him the or administrative agency is mandatory or directory. A mandatory
Tight to decide how or when the public duty shall be performed, such statute is a statute which commands either positively that some-
Asuncion ¥, De Ya e s 190 SCRA 184 (1991)
ee De Yriste, 28 Phil. 67 (19141; Young v. Monblan, 208 SCRA 33 Porsosead ieee Sct
‘"Meralo Securities Corporation v. Savellano, 117 SCRA 804 (1882). ‘=People v.Quibate, 191 SCRA 96, Dissent (1964).
co Se ‘Young v. Monblen, 205 SCRA 33 (19021.
raise ‘Meralco Securities Corp. x. Sevellan, 117 SCRA 804 (1982) ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
thing be done, or performed in a particular way, or negatively that
seething be ot one Leaving the person concerned no choice 9m
$2.17. When mandatory or directory.
‘There is no universal rule by which directory provisions in a
statute may in all circumstances be distinguished from those which
are mandatory. Neither is there an absolute test for determining
““Brohn v. Republic, 9 SCRA 172 (1963)
‘Barns Cou of ir! Insane of Bukidon, 24 SCRA 751968)
‘Breha ¥. Republic, 9 SCRA 172 [1
“Provincial Seat ong Ov Axo, 15 Pi 6181962.
“#Art. 5, Civil Code; Buyoo ¥. PNB, 112 Phil 688 (1961).
‘Serine Court of First Instance of Bubidnon, 24 SCRA 76 [1960
Lakewood Housing Co., 180 NE 700, 81 ALR 1230 (1982)
Capa: 18 SOR T1045 Mer esa Brel,
1117 SORA 04 (1982).
“Marcelino v. Crus, G.R. No. 42428, March 18, 1983; Phil. Asm. of Pree Labor
‘Unions v. Secretary of Labor, 27 SCRA 40 (1969),
ADMINISTRATIVE LAW
Powers of Administrative Agencies
Mandatory and Permissive Dutice and Powers
whether a ie iead is tobe considered mandatory or direc-
mn, without construing the statute as mandatory, such
Setucton dhoald be given.”
On the other hand, the language of a statute, however manda-
prlscrebineione- te arbsagiept olen oliver
statute is a matter of convenience rather than substance, or where
the directions of a statute are given merely with a view to the proper,
‘when some antecedent and pees condone mas rit rr
‘Taliada v Cuenco, 108 Phil. 1051 [1957 2» ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS
‘AND ELECTION LAW
to the exercise of the power, or must be performed before certain
other powers can be exercised, the statute must be regarded as
‘mandatory?
$2.18. Test to determine nature of statute and that of power.
he test gonorally employed to determine whether a statute is
affirmative, the eatate fs, a0 8 Tale, Tmandatory otherwise tie
directory.
Whether a statutory requirement is mandatory or directory"
depends on its effect. If no substantial righta depend on it and no
injury can result from ignoring it; and the purpose of the legislature
can be accomplished in a nfanner other than that prescribed and
substantially the same results obtained, then the statute will
enerally be regarded as directory, but tif not, it will be mandatory.*
Similarly, statutory requirements intended for the protection of
the citizens and by a disregard of which their rights are injuriously
affected are regarded as mandatory; they must be followed or the
‘acts done will be invalid. The power of the officer in such cases is
limited by the manner and conditions for its exercise.
A statute will not be construed as mandatory and requiring a
Public officer to act within a certain time limit even if t is couched
"lr Lakowsed Yous Co, 180 NE 70, 81 ALR 3286182)
Lyon «Alley, 32 Lod. 899 1880).
“
