Administrative Decision
The administrative decision is a fundamental aspect of the activities and privileges associated with governance, deriving its authority from public law. Through this decision, the administration can operate independently of general principles outlined in specific laws. This enables the administration to establish rights or impose obligations, focusing on the management of public interests, which must take precedence over individual private interests.
Elements of an Administrative Decision
There are several key elements that constitute an administrative decision:
Element of Jurisdiction
- Jurisdiction is defined as the legal authority that allows an individual to perform a specific action.
- In the context of administrative decisions, jurisdiction refers to the ability to issue administrative decisions that are recognized as legal.
- The administrative decision must originate from individuals who are legally empowered to issue such decisions.
- The element of jurisdiction is considered the most critical aspect of an administrative decision, allowing individuals to challenge the validity of decisions directly if it can be proven that jurisdiction was lacking at any stage of the proceedings.
- A decision that lacks the element of jurisdiction is categorized as a defective decision, leading to its invalidation.
- Types of jurisdiction include personal jurisdiction, subject matter jurisdiction, territorial jurisdiction, and temporal jurisdiction.
Element of Form
- An administrative decision does not require a specific format for issuance, and it can be presented in either written or oral form, explicitly or implicitly.
- The administration is not constrained by a particular format in expressing its necessary will unless the law mandates a specific form for a particular decision.
- When the law prescribes certain procedures or a specific format, the administrative entity must comply with these requirements, such as signing, stamping, certifying, and assigning a reference number to avoid invalidation due to noncompliance.
Element of Content
- The content of an administrative decision pertains to the subject matter, which includes its legal implications.
- For instance, in a disciplinary action against an employee, the content refers to the imposition of a penalty.
- The content in a decision regarding a job appointment involves the inclusion of the individual relevant to the decision in the position.
Element of Motivation
- An administrative decision must be based on a justifiable reason that substantiates its issuance.
- The motivation is described as the legal or factual circumstance that prompts the administration to issue the administrative decision.
- The motivation serves as the rationale and justification underlying the issuance of the administrative decision.
- The significance of motivation lies in its necessity and requirement for the legitimacy of the decision.
- While the administration has the discretion to adopt a decision, it is not obligatory to do so even when a valid motivation exists.
- In certain situations, the administration is mandated to issue a decision when a valid motivation is present.
Element of Purpose
- Some individuals may confuse the elements of motivation and purpose.
- The distinction between motivation and purpose lies in the fact that motivation is the primary objective behind issuing the decision, while purpose refers to the ultimate outcome the administration aims to achieve through the issued administrative decision.
Types of Administrative Decisions
The types of administrative decisions include:
Organizational and Individual Decisions
- An organizational decision encompasses abstract and general rules, not tied to a specific entity or situation, but rather applicable to multiple scenarios, such as rules governing traffic regulations enforced nationwide.
- An individual decision pertains to specific cases, such as employee appointments.
Sovereignty Decisions and Administrative Decisions
- This categorization is based on the susceptibility of decisions to judicial challenges.
- Sovereignty decisions, such as those affecting national security, are not subject to judicial review.
- Conversely, administrative decisions are open to legal challenges.
Constitutive and Declaratory Decisions
- A constitutive decision has retroactive effects and can be rescinded upon appeal within a specified timeframe.
- A declaratory decision can be revoked at any time.