XIII. ADMINISTRATIVE LAW

A. General Principles

Administrative Law is the body of law that regulates the operation and procedures of government agencies. It governs the executive branch’s exercise of its powers in administering, implementing, and enforcing laws. In the Philippines, the field of administrative law is essential to ensure that government actions are conducted legally, efficiently, and transparently while safeguarding individual rights.

1. Definition and Scope

Administrative law involves the rules and regulations that government agencies are empowered to implement, administer, and enforce. The scope of administrative law in the Philippines includes the following:

Issuance of regulations and administrative rules that implement legislation.
Adjudication of disputes arising under laws and regulations.
Rule-making and enforcement by administrative agencies.
Procedural due process in the issuance of regulations, orders, and decisions.

2. Constitutional Basis

The authority for administrative agencies to issue rules and regulations comes from the Constitution, as well as specific enabling legislation. Under Article VII, Section 17 of the 1987 Philippine Constitution, the President has the power of control over all executive departments, bureaus, and offices. This is the foundation for the existence and operations of administrative agencies.

3. Delegation of Powers

Delegation to administrative agencies: Congress delegates specific powers to administrative agencies through enabling statutes. These powers typically include rule-making, enforcement, and adjudicatory functions. However, the delegation of legislative powers is subject to limitations.
Doctrine of Subordinate Legislation: The delegation of rule-making power to administrative agencies is allowed under the Doctrine of Subordinate Legislation, provided that the delegating law lays down a sufficient standard or policy framework to guide the agency. This is crucial to prevent an unlawful delegation of legislative power. For instance, the law must specify the ends to be achieved, and the agency must only fill in the details.

4. Powers and Functions of Administrative Agencies

Administrative agencies in the Philippines perform three main functions:

Quasi-Legislative (Rule-Making): This refers to the agency’s power to issue rules and regulations to implement the law. Agencies are given broad discretion in drafting rules and regulations necessary to carry out statutory mandates. The Administrative Code of 1987 provides for procedures governing the issuance of these rules, ensuring transparency and public participation.
Quasi-Judicial (Adjudicatory): Administrative agencies may resolve disputes or adjudicate cases through their quasi-judicial powers. This includes the authority to investigate, hear, and determine disputes involving specific laws within the agency's jurisdiction. Decisions rendered by administrative agencies may be appealed to higher courts, particularly to the Court of Appeals, under the doctrine of exhaustion of administrative remedies.
Executive (Administrative): Administrative agencies also implement, enforce, and monitor compliance with the law. They perform ministerial functions such as issuing licenses, permits, and other administrative authorizations.

5. Administrative Rule-Making Process

The process by which administrative agencies issue rules and regulations is governed by the Administrative Code of 1987, particularly Book VII on Administrative Procedure. The rule-making process generally follows these steps:

Notice: Agencies are required to give notice to the public of any proposed rule or regulation, typically through publication.
Public Participation: Agencies must allow for public comment or participation in the rule-making process. This may take the form of public hearings or written comments.
Finalization and Publication: After considering public input, the agency may finalize the rule. The rule must be published in the Official Gazette or a newspaper of general circulation before it takes effect.

6. Doctrine of Exhaustion of Administrative Remedies

The Doctrine of Exhaustion of Administrative Remedies provides that before a party may seek judicial review of an administrative decision, they must first exhaust all available remedies within the administrative agency. This doctrine ensures that administrative agencies are given the opportunity to correct their own errors before courts intervene. Failure to comply with this doctrine generally results in the dismissal of the judicial action for prematurity. Exceptions to this doctrine include:

When administrative remedies are inadequate or unavailable.
When the question involved is purely legal.
When there is a need for urgent judicial intervention to prevent irreparable injury.

7. Doctrine of Primary Jurisdiction

Under the Doctrine of Primary Jurisdiction, when an issue requires the specialized knowledge and expertise of an administrative agency, the court may defer or dismiss the case and refer the matter to the appropriate agency. The court only intervenes after the administrative agency has made a determination on the matter. This doctrine ensures that specialized agencies address complex regulatory issues before courts intervene.

8. Judicial Review of Administrative Actions

Administrative actions are subject to judicial review under certain conditions. Courts may review administrative decisions to determine whether they adhere to the law and comply with due process requirements. Grounds for judicial review include:

Grave abuse of discretion or arbitrary action by the agency.
Lack of jurisdiction or violation of statutory authority.
Denial of due process.
Violation of the Constitution.
Factual findings not supported by substantial evidence.

Courts generally give great deference to the expertise of administrative agencies, especially regarding factual determinations, but legal interpretations may be reviewed de novo.

9. Administrative Due Process

The right to due process is a fundamental principle in administrative law. While administrative proceedings are less formal than judicial proceedings, certain minimum standards of due process must be observed, particularly in quasi-judicial functions. These include:

The right to be notified of the charges or issues.
The right to a reasonable opportunity to be heard, which may include submitting evidence and arguments.
The decision must be based on substantial evidence.
The decision must be rendered by an impartial tribunal.

Failure to observe these procedural safeguards may render an administrative decision void.

10. Doctrine of Finality of Administrative Decisions

Once an administrative agency renders a final decision, it may no longer be modified, except through a motion for reconsideration or appeal, as provided for by law. This doctrine is akin to the principle of res judicata in judicial proceedings.

11. Public Policy and Public Interest

In exercising administrative powers, agencies must always adhere to public policy and uphold public interest. Administrative regulations must always be aimed at promoting the general welfare, ensuring the efficient operation of government services, and protecting the rights of individuals.

In conclusion, administrative law in the Philippines is designed to balance the need for efficient and effective government action with the protection of individual rights and adherence to the rule of law. The principles outlined above ensure that administrative agencies exercise their powers in a legal and responsible manner, subject to judicial oversight when necessary.