Admin Law 2.

DIRECTING powers

Powers of Administrative Agencies Those that involve the corrective powers of public utility commissions, powers of assessment under

1. Quasi-legislative power / Power of subordinate legislation the revenue laws, reparations under public utility laws, and awards under workmen’s compensation

2. Quasi-judicial power/Power of adjudication laws, and powers of abstract determination such as definition-valuation, classification and fact

3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) finding

Definition of “Quasi-legislative power”

3. DISPENSING powers

It is the authority delegated by the law-making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and implement legislative policy.
Distinctions between Quasi-legislative power and legislative power
Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve
from an affirmative duty. Its difference from licensing power is that dispensing power sanctions a
deviation from a standard.

1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASI-legislative power
4. SUMMARY powers
only involves the discretion to determine how the law shall be enforced.

2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.

Those that apply compulsion or force against person or property to effectuate a legal purpose
Tests of Delegation (applies to the power to promulgate administrative regulations )
without a judicial warrant to authorize such action. Usually without notice and hearing.
1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions when it

leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the

delegate’s authority, announce the legislative policy and specify the conditions under which it is to be
5. EQUITABLE powers
implemented.

Definition of Quasi-Judicial Power Those that pertain to the power to determine the law upon a particular state of facts. It refers to

the right to, and must, consider and make proper application of the rules of equity.
It is the power of administrative authorities to make determinations of facts in the performance of

their official duties and to apply the law as they construe it to the facts so found. The exercise of Ex. Power to appoint a receiver, power to issue injunctions
this power is only incidental to the main function of administrative authorities, which is the
Kinds of Administrative Regulations
enforcement of the law.

DISTINCTIONS LEGISLATIVE INTERPRETATIVE

Determinative Powers
1. Capacity that administrative
1. ENABLING powers agency is acting in Legislative Judicial

2. What administrative agency is It supplements the statute by It says what the statute
Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful doing filling in the details means

without government approval. 3. Force and effect Legislative regulations have
the force and effecr of law
immediately upon going into
Ex. Issuance of licenses to engage in a particular business. effect. Such is accorded by
the courts or by express
Merely
persuasive/Received by
the courts with much
respect but not
accorded with finality
 provision of statute. Special Requisites of a Valid Administrative Regulation with a PENAL
sanction
Requisites of a Valid Administrative Regulation
1. The law itself must make violation of the administrative regulation punishable.
1. Its promulgation must be authorized by the legislature. 2. The law itself must impose and specify the penalty for the violation of the regulation.
2. It must be within the scope of the authority given by the legislature. 3. The regulation must be published.
3. It must be promulgated in accordance with the prescribed procedure.
Requisites for Proper Exercise of Quasi-Judicial Power
4. It must be reasonable
1. Jurisdiction
Need for Previous Notice and Hearing
2. Due process
1. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing.
Administrative Due Process : Requirements
2. Exception: When the legislature itself requires it and mandates that the regulation shall be based on
1. Right to Notice, be it actual or constructive
certain facts as determined at an appropriate investigation.
2. Reasonable opportunity to appear and defend his rights and to introduce witnesses
3. If the regulation is in effect a settlement of a controversy between specific parties, it is considered an
3. Impartial tribunal with competent jurisdiction
administrative adjudication, requiring notice and hearing.
4. Finding or decision supported by substantial evidence
Prescribing of Rates
Exceptions to the Notice and Hearing Requirement
1. Urgency of immediate action
It can be either:
2. Tentativeness of the administrative action

1. LEGISLATIVE 3. Right was previously offered but not claimed

4. Summary abatement of a nuisance per se

If the rules/rates are meant to apply to all enterprises of a given kind throughout the country. 5. Preventive suspension of a public servant facing administrative charges

6. Padlocking of filthy restaurants/theaters showing obscene movies

No prior notice and hearing is required. 7. Cancellation of a passport of a person sought for criminal prosecution

8. Summary distraint and levy of properties of a delinquent taxpayer

2. QUASI-JUDICIAL 9. Replacement of a temporary or acting appointee

Questions Reviewable on Judicial Review:

If the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact.
1. Questions of FACT
Prior notice and hearing is required.

The general rule is that courts will not disturb the findings of administrative agencies acting within
Requirement of Publication
the parameters of their own competence so long as such findings are supported by substantial
Administrative Regulations that MUST be published:
evidence. By reason of their special knowledge, expertise, and experience, the courts ordinarily
1. Administrative regulations of GENERAL application.
accord respect if not finality to factual findings of administrative tribunals.
2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

2. Question of LAW
1. Interpretative regulations

2. Internal rules and regulations governing the personnel of the administrative agency. Administrative decision may be appealed to the courts independently of legislative permission.
1. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their

subordinates. (Tanada v. Tuvera)

It may be appealed even against legislative prohibition because the judiciary cannot be deprived of 3. courts should not be saddled with the review of administrative cases

its inherent power to review all decisions on questions of law. 4. judicial review of administrative cases is usually effected through special civil actions

which are available only if their is no other plain, speedy and adequate remedy.

Doctrine of Finality
3. Exceptions

Courts are reluctant to interfere with action of an administrative agency prior to its completion or

finality, the reason being that absent a final order or decision, power has not been fully and finally a. when the question raised is purely legal, involves constitutional questions

exercised, and there can usually be no irreparable harm. b. when the administrative body is in estopped

c. when act complained of is patently illegal

EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo pending d. when there is urgent need for judicial intervention

further action by the administrative agency; Essential to the protection of the rights asserted from e. when claim involved is small

the injury threatened; Officer assumes to act in violation of the Constitution and other laws; Order f. when irreparable damage is involved

not reviewable in any other way; Order made in excess of power g. when there is no other plain, speedy , adequate remedy

Doctrine of Primary Jurisdiction h. when strong public interest is involved

1. This doctrine states that courts cannot or will not determine a controversy which requires the I. when the subject of controversy is private land
expertise, specialized skills and knowledge of the proper administrative bodies because technical matters 1. in quo warranto proceedings

of intricate questions of fact are involved. 2. When the administrative remedy is permissive, concurrent

2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the 3. utter disregard of due process

court even though the matter is within the proper jurisdiction of a court. 4. long-continued and unreasonable delay

Doctrine of Prior Resort 5. amount involved is relatively small

6. when no administrative review is provided

When a claim originally cognizable in the courts involves issues which, under a regulatory scheme 7. respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER EGO

are within the special competence of an administrative agency, judicial proceedings will be DOCTRINE)

suspended pending the referral of these issues to the administrative body for its view.
Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary

Note: The doctrines of primary jurisdiction and prior resort have been considered to be civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to

interchangeable. support a conclusion.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be appealed to the administrative superiors up

to the highest level before it may be elevated to a court of justice for review.

1. Reasons :

1. to enable the administrative superiors to correct the errors committed by their

subordinates.

2. courts should refrain from disturbing the findings of administrative. bodies in

deference to the doctrine of separation of powers.