ADMINISTRATIVE AND

ELECTION LAWS
BY: ATTY. RAUL B. MARIFOSQUE

CONCEPT OF ADMINISTRATIVE LAW

Belong to the field of public law, which includes
Constitutional Law, Criminal Law, and
International Law.
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 perform
all government acts, it thus mean to embrace all
laws that regulate or control the administrative
organization and operations of the government
including the legislative and judicial branches.

SCOPE OF ADMINISTRATIVE LAW

(A)The law which fixes the administrative
organization and structure of government
(B) The law which governs public officers,
including their competence (to act) rights,
duties, liabilities, election, etc.
(C) The law, the execution or enforcement
of which is entrusted to administrative
authorities.

(D) The law which creates administrative agencies, defines

their powers and functions, prescribes their procedures
including the adjudication or settlement by them of contested
matters involving private interest.
(E) 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 and
(F) The body of judicial decisions and doctrine dealing with
any of the above.
(cited in the book of Administrative Law , De Leon, De Leon
Jr.)

ADMINISTRATIVE AGENCY
Are generally to describe an agency
exercising some significant combination of
executive, legislative and judicial powers.
It is a government body charged with
administering and implementing particular
legislation.

(1) It covers board, commissions, divisions,

bureaus and departments, and somewhat less
familiar designations of office and authority.
Some commentators assert that their
administrative is a fourth power of government,
since viewed from the stand point of any
particular act of the agency, it is either executive
or in the narrowest sense, administrative or
legislative or judicial, or to distinguish it from
agencies which are purely or essentially
legislative or judicial, it is quasi- legislative or
quasi judicial. (The Presidential Anti- Dollar
Salting Task Force vs. CA 171 SCRA 348)

(2) The term is usually employ to denote the functionaries

with which administrative Law is concerned, although
sometimes the term used is administrator or
administrative body, and quite often, in regard to an
adjudicative function, the term Administrative Tribunal. A
single office (e.g. President) is also embraced in the term.
(3) Under the administrative code of 1987, the term agency of
the government is used to refer to any of the various units of
the government including a department, bureau, office,
instrumentality or government owned or controlled
corporation or a local government or a distinct unit therein. It
is a national agency if it refers to a unit of the national
government. Local agency refers to local government or a
district unit.

TYPES OF ADMINISTRATIVE AGENCIES

The common types of administrative agencies have
been classified according to purposes:
(1) Those created to function in situations wherein
government is offering some gratuity, grant or
special privilege. Ex: PVA, GSIS, SSS, PAO.
(2) Those set up to function in situations wherein the
government is seeking to carry on certain functions of
government. Ex: BIR, BOC, BID, LRA.

(3) Those set up to function in situations wherein the government

is performing some business service for the public. Ex: PNR,
Philippine Postal Corporation, MWSS, NEA, NFA and NHA,
etc.
(4) Those set up to function in situations wherein the government
is seeking to regulate businesses affected with public interest. Ex:
Insurance Commission, Bureau of Air Transportation, LTFRB,
ERB, Bureau of Mines and Geo- Sciences, NTC, HLURB.
(5) Those set up to function in situations wherein the government
is seeking under the police power to regulate private businesses
and individuals. Ex: SEC, MTRCB, GAB, DDB.
(6)Those agencies set up to function in situations wherein the
government is seeking to adjust individual controversies because
of some strong social policy involved. Ex: NLRC, ECC, SSS, SEC,
DAR, COA.

ADMINISTRATIVE ORGANIZATION
Refers to the administrative structure of the
government including its political subdivisions and the
allocation of powers, functions, and duties to its various
units or agencies.
1. Traditional Branches (powers)
(A) Legislative
(B) Executive
(C) Judicial

Under the Doctrine of Political Agency which recognizes

the establishment of a single executive, all executive and
administrative organizations are adjuncts of the executive
department, the heads of the various executive department
are assistants and agents of the chief executive, and except
in cases where the chief executive is required by the
constitution, or law to act in person or the exigencies of the
situation demand that he act personally, the multifarious
executive and administrative functions of the chief executive
are performed by and through the executive departments
and the acts of the Secretaries of such departments,
performed and promulgated in the regular course of
business, are unless disapproved or reprobated by the chief
executive presumptively the acts of the chief executive.
(Joson vs. Executive Secretary 290 SCRA 279)

This doctrine is corollary to the control

power provided under Art. VII Sec. 17 of
the Constitution.
(2) Special Bodies or Agencies thru Constitutional
Commissions created by the Constitution.

POWERS AND FUNCTIONS OF

ADMINISTRATIVE AGENCIES
SOURCE OF POWERS
It does not always come from a single source. Aside from the
instances in which an administrative agency is created and
empowered by a provision of the constitution. The source of the
powers of administrative agencies lies in statutes under which
they claim to act. (Hijo Plantations Inc vs Central Bank 168 SCRA
192).
Failure to exercise powers granted to administrative agencies
does not forfeit or extinguish them. (Globe Wireless LTD vs. Public
Service Commission 147 SCRA 269)

SCOPE OF POWERS
(1) Express and Implied
(2) Inherent
It has no inherent powers although implied
powers may sometimes be spoken as inherent.
(3) Quasi- Judicial

POWERS OF ADMINISTRATIVE BODIES

(1)Quasi- Legislative or rule- making power.
(-)This is the exercise of delegated legislative power, involving
no discretion as to what the law shall, but merely the authority to
fix the details in the execution or enforcement of a policy set out in
the law itself. (Holy Spirit Homeowners Association vs. Secretary
Defensor August 3, 2006)
The Supreme Court said that quasi- legislative power is the
power to make rules and regulations which results in delegated
legislation that is within the confines of the granting statute and
the doctrine of non- delegabilty and separation of powers.

(2) Quasi- judicial or adjusticatory powers.

(A)Proceedings partake of the character of judicial
proceedings , administrative body is normally granted
the authority to promulgate its own rules of procedure,
provided they do not increase, diminish or modify
substantive rights and subjects to disapproval by the
Supreme Court. (Sec. 5 (5) Art. VIII Constitution). The
requisites of procedural due process must be compiled
with.
(B) Administrative due process requirements as
enumerated in Ang Tibay vs. CIR 40 O.G. 7th Supp 129.

CASES (ADMIN DUE PROCESS)

(A) SPO1 Leonardo Aguzar vs. Apolonio Jorolan April
7, 2010.
(B) Ute Paterok vs. Bureau of Customs 193 SCRA
132.
(C) Gonzales vs. NLRC and Ateneo de Davao
University August 26, 1999.
(D) Secretary of Justice vs. Lantion January 18, 2000.
(E) Clarita Carbonell vs. Civil Service Commission
September 7, 2010
(F) Dela Cruz vs. Abille February 26, 2001
(G) Ray Peter VIVO vs. PAGCOR November 12, 203.

(3) Determinative Powers

(A) Enabling - to permit or allow something which the
law undertakes to regulate. ex. Grant or denial of licenses to
engage in a particular business.
(B) Directing illustrated by the power of assessment
of the BIR or the Bureau of Customs.
(C) Dispensing to exempt from a general
prohibition, or relieve an individual or corporation from an
affirmative duty. Ex. Authority of zoning boards to vary
provisions of zoning ordinances or the authority of the
acceptance Board of the Philippine Army.
(D) Examining also called the investigatory power,
consists in requiring production of books, papers, etc. the
attendance of witnesses and compelling their testimony.
Cases:
(1)Guevara vs. COMELEC 104 Phil. 268
(2)Masankay vs. COMELEC 6 SCRA 27
(3) Carino vs. CHR 04 SCRA 483

EXHAUSTION OF ADMINISTRATIVE REMEDIES

The Doctrine whenever there is an available
administrative remedy provided by law, no judicial
recourse can be made until all such remedies have been
availed of and exhausted.
Cases:
(A) Aquino vs. Mariano 129 SCRA 532.
(B) National Dev. Company vs. Hervitta 151 SCRA 200
(C)Union Bank vs. CA 290 SCRA 198
The premature invocation of the intervention of the court
is fatal to ones cause of action. (Mark James
Magalang vs. PAGCOR December 11, 2013)

CASES ON REASONS FOR EXHAUSTION

OF ADMIN REMEDIES
(A) Bangus Fry Fisher Folk vs. Lanzanas July
10, 2003
(B) Bernardo vs. Abalos December 5, 2001
(C) Lopez vs. City of Manila February 19, 1999
(D) Universal Robina Corp. vs. LLDA May 30,
2011
(E) IVIA vs. Enciso May 5, 2006

DOCTRINE OF PRIOR RESORT

Also known as the doctrine of primary
administrative jurisdiction, where there is competence
or jurisdiction vested upon an administrative body to
act upon a matter, no resort to the courts may be
made before such administrative body shall have
acted upon the matter. This rule applies only when the
body exercises quasi- judicial or adjudicatory
functions. (UST vs. Danes Sanchez July 29, 2010)
Cases
(A) Industrial Enterprise Inc vs. CA 114 SCRA 426
(B) Garcia vs. CA June 06, 2001
(C) Gonzales vs. CA May 9, 2001
(D) Cristobal vs. CA 291 SCRA 122

EFFECT OF FAILURE TO EXHAUST ADMIN

REMEDIES
The jurisdiction of the Court is not affected,
but the complainant is deprived of a cause of
action which is a ground for a motion to
dismiss. However, if not motion to dismiss is
filed on this ground, there is deemed to be a
waiver. (Soto vs. Jareno 144 SCRA 116
Eastern Shipping Lines vs. POEA 166 SCRA
533).

EXCEPTION TO THE DOCTRINE

1. Doctrine of qualified political agency (alter ego doctrine)
cases
(A) Kilusang Bayan, etc. vs. Dominguez 205 SCRA 92
(B) Nazareno vs. CA 267 SCRA 589
(C) Tan vs. Director of Forestry 125 SCRA 302
(D) Carlo vs. Fuentes 5
(E) Association of Philippine Coconut Desicators vs. Philippine
Coconut Authority 286 SCRA 109
(F) Samahang Magbubukid ng Kapdula Inc vs. CA March 25, 1999
2. Where the admin remedy is fruitless. E.g. suit for recovery of the
little to office must be instituted within one year from illegal ouster,
otherwise action prescribes.
3. Where there is estoppel on the part of the admin agency. (Uda de
Tan vs. Veterans backpay Commission 105 Phil 377).
4. Where the issue involved is purely a legal question. (PalmaFernandez vs. dela Paz 160 SCRA 75)
(Samson vs. NLRC 253 SCRA 112).
(Ty vs. Trampe 250 SCRA 500)

5. Where the admin action is patently illegal, amounting to lack

or excess of jurisdiction. (Cabada vs. Alunan 260 SCRA 838).
6. Where there is unreasonable delay or official inaction.
(Republic vs. Sandiganbayan 255 SCRA 438)
7. Where there is irreparable injury or threat thereof, unless
judicial recourse is immediately made. (NFA vs. CA 253 SCRA
470).
8. In land cases, where the subject matter is private land.
9. Where the law does not make exhaustion a condition
precedent to judicial recourse or where no admin review is
provided by law. (Mark James Maglalang vs. PAGCOR
December 11, 2013)
10. Where observance of the doctrine will result in the
nullification of the claim
11. Where there are special reasons or circumstances
demanding immediate Court Act. (Roxas and Co. vs CA
December 11, 1999).
(DAR vs, Alex investment and financing Corp. April 10, 2003)

12.When due process is clearly violated

(Anzaldo vs. Clave 119 SCRA 353)
(Zambales Chromite vs CA 94 SCRA 261)
(Pagora vs. CA 254 SCRA 606)
13. When the rules does not provide a plain,
speedy and adequate remedy.
(Quisumbing vs. Judge Guimban 193 SCRA
520)
(Estuerte vs. CA 193 SCRA 541)
(Information technology Foundation of the
Philippines vs. COMELEC January 13, 2004)