ADMINISTRATIVE LAW

I. GENERAL PRINCIPLEA. Dfn:B. Admin. Law v. Public Admin.C. Admin. Law v. PoliticsD. Origin & Dev’tE. SourcesF. Administration

1. Institution2. Function3. Internal4. External

II. ADMINISTRATIVE AGENCIESA. Dfn:B. NatureC. Creation & AbolitionD. Advantages

III. POWERS OF ADMIN. AGENCIESA. Quasi- Leg. Power

1. Dfn:2. QLP v. Leg. Powers3. Sources4. Test of Delegation

a. Completeness Testi. Batangas CATV, Inc v. CA: Ordinances passed by virtue of the implied power found in the General Welfare Clause must be

reasonable, consonant with the general powers and purposes of the corporation, and not inconsistent with the laws or policy of the state

ii. De Los Angeles v. Home Development Mutual Fund: Rules and regulations, which are the product of a delegated power to create new and additional legal provisions that have the effect of law, should be within the scope of the statutory authority granted by the legislature to the administrative agency. 

It is required that the regulation be germane to the objects and purposes of the law, and be not in contradiction to, but in conformity with, the standards prescribed by law.

iii.b. Sufficient Standard Test

i. GUINGONA, JR. vs. Hon. Carague: The Constitution did not need for exact, definite, or certain appropriations made by law. These appropriations may be implied or expressed, and specific or general.

ii. TATAD vs. THE SECRETARY OF THE DEPARTMENT OD ENERGY: even if the law does not expressly pinpoint the standard, the courts will bend over backwards to locate the same elsewhere in order to spare the status from constitutional conformity.

B. Quasi- Judicial Power (QJP)1. Dfn:2. QJP v. Judicial Power3. Source4. Exercise of Powers

C. Determinative Power

IV.QUASI- LEGISLATIVE FUNCTIONA. Nature

iii. OPLE vs. Torres: Administrative orders should be in harmony of the law and should be for the sole purpose of implementing the law and carrying out its legislative policy.

B. Kinds of Admin. RegulationsC. Rqts.

1. 1st

2. 2nd

3. 3rd

4. 4th

D. Admin. Rule w/ Penal Sctn.1. Rqts.

E. Necessity for Notice & Hearing

V. QUASI- JUDICIAL POWERA. Dfn: B. Jurisdiction:

1. Nature of the Proceedings2. Necessity of Jurisdiction3. Subpoena Power4. Contempt Power

C. Notice & HearingD. Rights against Self- IncriminationE. Admin. Appeal & ReviewF. Doctrine of Res Judicata

VI. JUDICIAL REVIEWA. GR:B. Sources:C. Methods:D. Question may be Subject of Judicial ReviewE. Doctrine of Exhaustion of Administrative RemediesF. Doctrine of Prior ResortG. Doctrine of Finality of Admin. ActionH. Effect of Non- ComplianceI. XPN to the DoctrineJ. Appeal to the President