Administrative Law: General Principles

Administrative law is the part of public law establishing the framework and determining the competence of administrative authorities (offices of the government) and provides the individual person with remedies in case his rights are violated. It is made up of laws which organize administrative bodies; rules, regulations and orders issued by these bodies, decisions over controversies in their particular field of specialization; and doctrines dealing with their creating, operation and effect of their decisions and regulations

As a function, administration refers to the implementations of the laws in non-judicial matters by competent authority. As an organization, it refers to the people controlling it for the time being.

Administration is classified into internal and external. Internal refers to the legal side of public administration (personnel, budgeting, etc.) External refers to problems of government regulations (regulation of profession, business, etc.)

Administrative Bodies

An administrative body is a government organ that is neither a court nor a legislative body (Senate, etc.) which affects the rights of parties either through its rule-making or quasi-judicial powers. They created either by the Constitution, law or by authority of law. Even though an administrative agency conducts hearings and settles controversies, its function is primarily regulatory since these hearings are part of its regulatory duty. The rule-making power is administrative if it sets down the details for the enforcement of law and doesn't have the discretion to determine what the law says.

Types of Administrative Bodies:

1.) Those set up to make the government a private party (ex. the GOCCs)

2.) Those set up for situations where the government offers grants or special privileges (ex. Bureau of Lands)

3.) Those where police power is needed to regulate private businesses and persons (ex. SEC)

4.) Those set up to adjust individual controversies because of strong social policies

3.) Those set up to perform some business service to the public (ex. COWD)

6.) Those set up to regulate business that affect public interest

7.) Those set up to carry out actual government business (ex. BIR)