I. Administrative Law in Context

Administrative law is the body of law that governs administrative agencies—how they are created, how they exercise power, and how they are controlled. In the Philippine setting, it is shaped chiefly by the 1987 Constitution, statutes creating agencies, and jurisprudence that polices the boundaries of agency action through doctrines such as due process, delegation, exhaustion of administrative remedies, and judicial review.

Administrative agencies exist because modern government must regulate complex sectors (labor, environment, telecommunications, trade, local governance, public utilities) requiring technical expertise and continuous supervision. Their actions frequently affect rights, property, and livelihood; hence, administrative law supplies the framework that makes regulation legitimate, predictable, and reviewable.

II. Core Concepts Before Classification

A. Administrative Agency

An administrative agency (also “administrative body,” “instrumentality,” “bureau,” “commission,” “board,” or “authority”) is a governmental unit—often in the Executive branch—endowed with power to implement laws by making rules, adjudicating disputes, and enforcing compliance.

Philippine examples:

Department of Labor and Employment (DOLE) and its attached agencies (e.g., NLRC as a quasi-judicial body)
Environmental Management Bureau (EMB) of DENR
Securities and Exchange Commission (SEC)
National Telecommunications Commission (NTC)
Energy Regulatory Commission (ERC)
Civil Service Commission (CSC) (a Constitutional Commission with administrative and quasi-judicial roles)

B. Administrative Powers (the “trilogy”)

Rule-making / Quasi-legislative power – issuance of regulations, circulars, and implementing rules.
Adjudicatory / Quasi-judicial power – hearing disputes, receiving evidence, deciding cases.
Enforcement / Executive power – inspections, investigations, licensing, sanctions, implementation.

These powers often overlap in a single agency, but administrative law classifies agency action to determine which procedural safeguards and which standards of review apply.

III. Classifications of Administrative Law

Administrative law can be classified in several useful ways. Each classification highlights a different “map” of the field—by source, agency, function, procedure, effect, reviewability, and subject matter.

IV. Classification by Source of Law

1. Constitutional Administrative Law

This includes constitutional provisions that create agencies, define their independence, impose limitations, and protect rights against administrative action.

Key Philippine features:

Constitutional Commissions (CSC, COMELEC, COA) have independence and specific mandates.
Due process (Art. III) constrains agency adjudication and enforcement.
Constitutional policies (e.g., social justice, labor protection, environmental rights principles, local autonomy) influence the validity and interpretation of administrative acts.

Examples:

CSC discipline and eligibility rules anchored on constitutional civil service principles.
COA disallowances grounded in constitutional audit power.

2. Statutory Administrative Law

This is administrative law based on enabling statutes—laws that create agencies and grant powers, define jurisdiction, and set procedures.

Examples:

Labor Code provisions defining NLRC jurisdiction and labor standards enforcement.
Environmental laws defining DENR/EMB permitting authority.
Securities regulation statutes defining SEC powers to register, investigate, sanction, and adjudicate.

3. Jurisprudential Administrative Law

Doctrines developed by courts to regulate agencies even when statutes are silent—especially on due process, delegation, finality, substantial evidence, and remedies.

Examples (doctrines):

Exhaustion of administrative remedies
Primary jurisdiction
Substantial evidence rule
Non-delegation and completeness/standards tests
Hierarchy of courts and limits of judicial interference

4. Subordinate Legislation and Internal Issuances

This includes implementing rules, regulations, and internal directives, which may have different legal effects depending on whether they are meant to bind the public or only agency personnel.

Examples:

Department Orders and Administrative Orders implementing statutes
Memorandum Circulars, guidelines, manuals, and operational directives

V. Classification by Nature of the Agency

1. Executive Departments vs. Independent/Regulatory Commissions

Executive departments are typically under direct presidential control and supervision through Cabinet secretaries.
Independent or regulatory commissions are designed to be insulated (to varying degrees) due to technical mandates or to prevent politicization.

Examples:

DOH, DOLE, DTI (executive departments)
ERC, NTC, SEC (regulatory bodies; independence varies by statute)
Constitutional Commissions (CSC, COMELEC, COA) are constitutionally independent.

2. Constitutional Agencies vs. Statutory Agencies

Constitutional agencies derive existence and core powers from the Constitution.
Statutory agencies exist by law and can be reorganized or abolished by Congress (subject to constitutional constraints).

Examples:

CSC (constitutional)
HLURB/DHSUD functions (statutory, as restructured by law)

3. Line Agencies vs. Staff/Advisory Bodies

Line agencies deliver services or directly implement programs (e.g., issuing permits, enforcing standards).
Staff/advisory bodies mainly recommend policy or coordinate.

Examples:

Line: LTO, BIR, EMB
Staff/advisory: inter-agency councils created for policy coordination (depending on mandate)

4. National vs. Local Administrative Bodies

Administrative law also governs local administrative actions, subject to local autonomy and national supervision.

Examples:

City/Municipal Licensing Offices issuing business permits
Sangguniang Bayan/City ordinances with regulatory implications
Local health boards, zoning boards, local building officials

VI. Classification by Function or Kind of Administrative Action

This is the most practically important classification because it determines procedural requirements and judicial review standards.

A. Quasi-Legislative (Rule-Making) Action

1. Legislative Rules (Substantive Regulations)

These are rules that create new rights, impose new duties, or have the force and effect of law because they fill in statutory details.

Common requirements:

Must be within statutory authority (not ultra vires)
Must be consistent with the Constitution and statute
Often requires publication for effectivity, and sometimes consultation/hearing depending on the enabling law or due process considerations

Philippine examples:

IRR of a statute that sets detailed compliance requirements for employers
EMB regulations specifying standards for emissions, effluent, or permitting processes
SEC rules defining disclosure requirements beyond statutory minimums (within authority)

2. Interpretative Rules

Rules that explain how the agency understands a statute or regulation; they generally do not create new obligations beyond what the law already imposes.

Practical note:

Courts may treat these as persuasive, not binding, if they conflict with the statute.
They often do not require the same level of procedural formalities as legislative rules, but publication can still matter for fairness and enforceability.

Example:

A BIR or agency circular clarifying how a statutory term will be applied in assessments.

3. Procedural Rules

Rules governing the agency’s internal processes—filing, docketing, hearing procedures, timelines.

Example:

NLRC rules on appeals, verification, position papers
SEC rules on pleadings and hearings in administrative cases

4. General vs. Particular Rule-Making

General: applies broadly to a class (e.g., all telecom providers).
Particular: applies to a narrow set but still regulatory in nature (e.g., rate-setting methodology for a sector).

Example:

ERC issuing a rate-setting framework applied to regulated utilities.

B. Quasi-Judicial (Adjudicatory) Action

Adjudication occurs when an agency determines rights and obligations after considering facts, often through hearings. It resembles court litigation but is governed by administrative procedure.

1. Types of Adjudicatory Proceedings

Contested cases: parties oppose each other; evidence is evaluated.
Licensing disciplinary cases: revocation/suspension of licenses.
Regulatory enforcement cases: fines, cease-and-desist orders.
Labor and employment disputes: employer-employee controversies.

Examples:

NLRC deciding illegal dismissal claims
PRC boards disciplining professionals
SEC adjudicating market misconduct or corporate disputes within its authority
ERC resolving disputes over rates or compliance

2. Due Process in Administrative Adjudication

Administrative due process is flexible, but at its core it requires:

Notice of the case and the allegations
Opportunity to be heard (often through submissions; oral hearings may be discretionary depending on rules)
Decision supported by evidence and explained by reasons
Impartiality (absence of bias; observance of fair procedure)

3. Evidence Standard: Substantial Evidence

In many administrative cases, the standard is substantial evidence—relevant evidence that a reasonable mind might accept as adequate.

4. Finality and Exhaustion

As a rule, parties must pursue agency appeals or reconsiderations first before going to court, unless an exception applies.

C. Executive / Enforcement Action

Enforcement actions implement laws and rules through administrative machinery.

1. Investigatory Powers

Agencies often investigate through inspections, audits, requests for information, fact-finding.

Examples:

DOLE labor inspections
EMB compliance monitoring
SEC fact-finding on corporate disclosures

2. Licensing and Permitting

Licenses are regulatory tools: the state grants permission subject to conditions.

Examples:

Environmental compliance certificates (as part of environmental regulation)
Business permits (LGUs)
Professional licenses (PRC)
Franchises/authorizations in regulated industries (depending on the sector)

3. Administrative Sanctions

Sanctions can include:

Fines and penalties
Cease-and-desist orders
Suspension/revocation of licenses
Blacklisting or disqualification (where legally authorized)
Closure orders (subject to lawful authority and due process constraints)

VII. Classification by Procedural Character: Legislative vs. Adjudicative vs. Ministerial

1. Discretionary vs. Ministerial Acts

Discretionary act: agency must use judgment (e.g., evaluating compliance, imposing appropriate penalty, granting permits subject to standards).
Ministerial act: agency must perform a duty in a prescribed manner when conditions are met, leaving no room for discretion.

Examples:

Ministerial: issuing a certification when all statutory requirements are satisfied and verified.
Discretionary: determining whether to suspend a license based on violations, within statutory bounds.

2. Rule-making vs. Adjudication vs. Ministerial Processing

This classification matters because:

Rule-making focuses on policy and general standards.
Adjudication focuses on individual rights and liabilities.
Ministerial processing focuses on routine administration.

VIII. Classification by Effect and Reach: General vs. Particular; Prospective vs. Retroactive

1. General Applicability vs. Particular Applicability

General: binds a class of persons/industries.
Particular: binds named parties (like an order against a specific company), usually adjudicative or enforcement.

Examples:

General: regulation requiring all establishments to post certain notices.
Particular: closure order for a specific facility found noncompliant.

2. Prospective vs. Retroactive Application

Administrative issuances are generally presumed prospective, especially when they impose burdens. Retroactivity is disfavored unless clearly authorized and consistent with fairness and due process.

Example:

A new compliance requirement effective after publication and a set transition period.

IX. Classification by Subject Matter of Regulation (Common Fields in Philippine Administrative Law)

This is a functional “practice-area” classification used by lawyers and regulated entities.

Labor and Social Legislation Administration
- DOLE, NLRC, SSS/GSIS-related administrative frameworks (depending on function)
- Examples: wage orders, labor standards enforcement, illegal dismissal adjudication
Environmental and Natural Resources Regulation
- DENR/EMB permits, environmental impact assessment processes, compliance monitoring
Local Government Regulation
- Business permitting, zoning, local taxation processes, administrative appeals in local structures
Public Utilities and Infrastructure Regulation
- Rate-setting, service standards, franchises and certificates (sector-dependent)
Economic and Trade Regulation
- Consumer protection, standards, import/export administration, competition-related administration (where applicable)
Corporate and Securities Regulation
- SEC corporate registration, compliance, enforcement, adjudication over regulated matters
Civil Service and Government Personnel Administration
- CSC rules and disciplinary processes; merit and fitness systems
Tax Administration
- Assessment, collection, administrative protests, rulings, enforcement procedures (subject to special statutory frameworks)

X. Classification by Relationship to the Executive: Control vs. Supervision vs. Autonomy

This classification determines how far higher authorities can interfere with agency action.

1. Control

Control is the power to alter, modify, nullify, or set aside what a subordinate has done, and to substitute one’s own judgment.

Example:

The President’s control over executive departments (subject to constitutional and statutory limits).

2. Supervision

Supervision is the power to ensure that laws are faithfully executed, but generally not to substitute judgment freely.

Example:

National supervision over LGUs consistent with local autonomy principles.

3. Administrative Autonomy / Independence

Some agencies are insulated—especially constitutional bodies—so political branches cannot intrude into their core functions except as the Constitution allows.

Example:

Constitutional Commissions’ independence in their core constitutional domains.

XI. Classification by Remedy and Reviewability

A. Reviewability of Administrative Action

Not all administrative actions are immediately reviewable in court. Administrative law distinguishes:

Final vs. Interlocutory Actions

Final action determines rights and leaves nothing more for the agency to do except execution.
Interlocutory steps (e.g., preliminary orders, summons, procedural rulings) are generally not yet ripe for judicial review.

Ripeness and Mootness

Courts avoid premature challenges; conversely, if the dispute has ceased to present a live issue, it may be moot (subject to exceptions).

Questions of Fact vs. Questions of Law

Courts often defer to agencies on technical factual matters if supported by substantial evidence.
Courts are more exacting on questions of law, jurisdiction, and constitutional issues.

B. Primary Jurisdiction and Exhaustion of Administrative Remedies

Primary jurisdiction Courts may defer initial determination to an agency with special competence, even if courts have jurisdiction, to ensure technical issues are first addressed administratively.

Example:

Technical regulatory disputes first brought to a specialized regulator.

Exhaustion As a rule, parties must use the agency’s internal remedies (appeal, reconsideration) before court action.

Common exceptions (conceptual guide):

Purely legal questions
Patent nullity or lack of jurisdiction
Grave abuse of discretion
Irreparable injury
When exhaustion is futile
Due process violations so fundamental that administrative correction is not realistic

C. Standards of Judicial Review

Administrative law often frames review in terms of:

Jurisdiction and authority (did the agency act within its powers?)
Due process compliance
Substantial evidence
Reasonableness / non-arbitrariness
Grave abuse of discretion (a common constitutional/extraordinary review lens)

XII. Classification of Rules and Issuances (A Practical Philippine Typology)

Philippine administrative practice uses many instruments; classification helps determine binding effect.

1. Implementing Rules and Regulations (IRR)

Rules issued under delegated authority to implement a statute.

Legal effect:

Binding if within authority, consistent with law and Constitution, and properly made effective (including publication requirements where applicable).

2. Administrative Orders / Department Orders

May be legislative (binding on public) or internal (binding only within the department) depending on content.

3. Memorandum Circulars / Guidelines

Often interpretative or procedural. Some are effectively legislative if they impose obligations.

4. Opinions, Rulings, and Advisory Interpretations

May guide behavior; their binding force depends on statutory scheme and whether they are intended for general application.

5. Internal Rules (Housekeeping/Management Issuances)

Typically bind only agency personnel and internal operations, not the public—unless they effectively regulate outside parties.

Examples:

HR policies within an agency
Internal workflow manuals

XIII. Classification by Delegation: Extent and Validity

1. Delegation of Legislative Power (to Agencies)

Congress may delegate to agencies the power to “fill in the details” of a law, provided:

The law is complete in its essential terms, and
It provides sufficient standards to guide the agency.

Philippine examples:

A statute sets environmental goals and standards; DENR/EMB details technical parameters.
A statute sets labor policy; DOLE details reporting and compliance mechanics.

2. Sub-delegation

An agency may delegate internally (to regional offices or officers) if authorized and if it does not abdicate essential discretion reserved by law.

Examples:

Regional directors issuing certain permits as delegated by central office rules.

XIV. Examples Tying the Classifications Together

Example 1: Environmental Compliance Regime

Agency type: Statutory line agency (DENR/EMB structure)
Action type: Quasi-legislative (emission standards), enforcement (inspections), quasi-judicial (administrative penalties)
Rule type: Legislative rules if imposing standards on industry
Review: Requires exhaustion; courts apply substantial evidence on factual findings; strict review for authority and due process

Example 2: Labor Standards Enforcement

Agency type: Executive department and attached quasi-judicial tribunal (DOLE/NLRC)
Action type: Enforcement (inspection), adjudication (illegal dismissal claims)
Procedure: Administrative due process; substantial evidence
Judicial posture: Deference to technical fact-finding within limits; insistence on jurisdictional boundaries

Example 3: Professional Discipline

Agency type: Regulatory board (often attached to a department by statute)
Action type: Quasi-judicial discipline; licensing control
Key issues: Notice, opportunity to be heard, proportional sanctions, publication/clarity of rules

Example 4: Local Business Permitting and Closure

Agency type: Local administrative body
Action type: Licensing, enforcement, sometimes quasi-judicial in permit revocation
Constraints: Local autonomy; national supervision; due process; reasonableness and non-discrimination

XV. Common Exam and Practice Distinctions

Is the issuance legislative or interpretative?
- Does it create new obligations? If yes, treat as legislative.
Is the proceeding adjudicatory?
- Are individual rights/liabilities decided on facts? If yes, due process and substantial evidence loom large.
Is the act final?
- If not final, judicial review is usually premature.
Are administrative remedies exhausted?
- If not, dismissal is likely unless an exception clearly applies.
Is the agency within its jurisdiction?
- Ultra vires acts are vulnerable even if procedures were followed.

XVI. Synthesis: Why Classification Matters

Classification is not academic labeling. It determines:

Which procedures are required (publication, hearing, notice, opportunity to be heard)
Which evidentiary standards apply (substantial evidence; technical deference)
Whether courts will entertain a case now (finality, ripeness, exhaustion)
How much deference an agency receives (expertise vs. constitutional and statutory limits)
Whether an issuance binds the public (legislative vs. internal/interpretative)

Administrative law in the Philippines is, at bottom, a balance: enabling effective governance through expertise and flexibility, while safeguarding constitutional rights, legality, and accountability through structured limits and judicially enforceable doctrines.