ADMIN LAW ATTY ARREZA CHAPTER IV Functions of Administrative Agencies - Constitution - Legislation - Or both An administrative officer has only

y such powers expressly granted to him of those necessarily implied Power and functions of an Administrative body CANNOT be extended other than the specific duties and powers provided in the statutes Powers exercise by Administrative Agencies: 1. Rule Making or Quasi Legislative power power to promulgate rules and regulations or general orders 2. Adjudication 3. Incidental Powers (ISPADIa) - Investigating - Supervising - Prosecuting - Advising - Declaring - Informally Adjudicating Test in Determining whether it is Legislative or Administrative LEGISLATIVE if it involves discretion as to what the law shall be. ADMINISTRATIVE if it is merely an authority to fix the details of the execution or enforcement of a policy set-out in the law itself General Kinds of Administrative Rules & Regulations: 1. Rules and regulations issued by reason of particular delegation of authority (SUPPLEMENTARY or DETAILED LEGISLATION) - fix the details of execution 2. Rules and regulations constructing or interpreting the statute being administered (INTERPRETATIVE RULES AND REGULATIONS) interpret the provisions of a statute to be enforced and are binding to all the concerned. 3. Rules and Regulations involving determination under a delegated power whenever a statute shall go into effect or CONTINGENT LEGISLATION determines the proper occasion for the enforcement of the law

Administrative Interpretations are appropriate aids toward eliminating uncertainty in doubtful cases - Is a Clarifying regulation NOTICE AND HEARINGS - It is not necessary that a notice for hearing or a hearing in the promulgation of general regulation. But the Administrative Agency may DETERMINE what rules are to be made.

If it is PROCEDURAL in nature, the agencys rules are in effect NO NOTICE IS REQUIRED. If it is SUBSTANTIVE rules, wherein the class to be affected is large and the question to be resolved involves the use of WIDE DISCRETION, NOTICE IS NOT REQUIRED But if the rule or order is DIRECTED SPECIFICALLY to a party or a compact group and the administrative agency exercises only LIMITED degree of discretion, ACTUAL NOTICE AND OPPORTUNITY FOR HEARING may be required. Requisites for the validity of Administrative Rules and Regulations 1. R & R must have been issued on the authority of law 2. R & R must be within the scope and purview of the law 3. R & R must be reasonable Power to Fix Rates and Charges - The power to fix or limit rates or charges by a public service corporation (telephone, electricity, gas etc) may be conferred upon administrative agencies without unlawful delegation of legislative power Administrative Rules with Penal Sanctions - Administrative authorities may be empowered to enact rules and regulations having force and effect of law but criminal sanctions must come from the legislative itself.

Requisites for the Validity of Administrative Regulation with penal Sanctions: 1. Law authorizing administrative authorities to issue rules and regulations MUST itself declare as PUNISHABLE the violation of the R & R issued under its authority 2. Law should define or fix the penalty for the violation of R & R 3. Publication in the Official Gazette it is important that before the public is bound by their contents especially the penal provisions, it MUST BE FIRST PUBLISHED so that the people may be informed of their content and penalties.

RCPI vs.Board of Communications In GR No. L-43653, Diego Morales daughter sent him a telegram while he was in Manila, informing him that his wife has died. The telegram was sent through petitioner RCPI. The telegram, however, never reached Morales. Because of the failure of the RCPI to transmit said telegram to him, respondent allegedly suffered inconvenience and additional expenses and prays for damages. Meanwhile, in GR No. L-45378, complainant Pacifico Inncocencio claims that his sister, Lourdes, sent him a telegram on July 13 through petitioner for the purpose of informing him of the death of their father. However, the telegram was never received by Pacifico but the sneder, Lourdes, was never notified of such failure. Because of this failure, Pacifico claims to have suffered mental anguish and personal inconveniences and thus prays for damages. After hearing, respondent board in both cases imposed upon petitioner in each case a disciplinary fine. ISSUE: W/N the Board of Communications has jurisdiction to take cognizance of complaints for injury caused by breach of obligation arising from negligence HELD: NO. As provided under Section 129 of the Public Service Act governing the organization of the Specialized Regulatory Board, the BOC has the power to issue certificates of public convenience. But this power to issue certificates of public convenience does not carry with it the power or supervision and control over matters not related to the issuance of the certificate of public convenience or in the performance therewith in a manner suitable to promote public interest. The Board of Communications has power to impose fine only where public service violates or fails to comply with terms and conditions of the certificate of public convenience or the orders, decisions or regulations of the board. Moreover, the proper forum for complaints of injury caused by breach of obligation should be in the courts.

Bernas for allege violations of Art. 172 of the RPC (Falsification by private individual and use of falsified documents) Ramon Pascual subscribed under oath before Mrs Atty Bernas (a notary public and wife of Mr. Atty Bernas) a verification and certification of nonforum shopping which was appended to a complaint for reconveyance of property and damages before th RTC Basis of the instant complaint for falsification of public document

JESUS CABARRUS JR VS JOSE ANTONIO BERNAS Cabarrus filed an administrative complaint for disbarment against Atty.