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Constitutional provision
Authority of law
Legislative enactment
To:
1. Help unclog court dockets
2.Meet the growing complexities of modern
society
3. Help in the regulation of ramified activities
of a developing country
4. Entrust to specialized agencies the task of
dealing with problems as they have the
experience, expertise, and power of dispatch
to provide solution thereto.
Republic of the Philippines (or GRP)
refers to the corporate governmental
entity thru w/c the functions of
government are exercised throughout the
PH, including the various arms… while
National Government refers to the entire
machinery of the central government,
composed of the executive, legislative &
judicial departments as distinguished
from the different forms of local
governments.
An instrumentality refers to any agency of
the national government not integrated
within the departmental framework, vested
with special functions or jurisdiction by law,
with some if not all corporate powers,
administering special funds, and enjoying
operational autonomy, usually through a
charter. (Iron and Steel Authority v. CA, G.R.
No. 102976, Oct. 25, 1995)
An agency is any department, bureau, office,
commission, authority or officer of the national
government, authorized by law or executive order
to make rules, issue licenses, grant rights or
privileges, and adjudicate cases; research
institutions with respect to licensing functions;
government corporations with respect to
functions regulating private rights, privileges,
occupation or business, and officials in the exercise
of the disciplinary powers as provided by law.
There is no practical distinction between an
instrumentality and agency, for all intents
and purposes. A distinction, however, may be
made with respect to those entities
possessing a separate charter created by
statute
A quasi‐judicial body or agency is an
administrative body with the power to hear,
determine or ascertain facts and decide rights,
duties and obligations of the parties by the
application of rules to the ascertained facts. By
this power, quasi‐judicial agencies are enabled
to interpret and apply implementing rules and
regulations promulgated by them and laws
entrusted to their administration. (2006 Bar
Question)
1. Quasi‐legislative power or rule‐making
power
3. Determinative power
QUASI‐LEGISLATIVE QUASI‐JUDICIAL
Operates on the future Operates based on past facts
Has general application Has particular application (applies only to
the parties involved in a dispute)
Issuance pursuant to the exercise of Issuance pursuant to the exercise of
quasi‐legislative power may be assailed in quasi‐judicial power may, as a rule, only
court without subscribing to the doctrine be challenged in court with prior
of exhaustion of administrative remedies exhaustion of administrative remedies.
(DEAR).
A valid exercise of quasi‐legislative power A valid exercise of quasi‐judicial power
does not require prior notice and hearing requires prior notice and hearing (except
(except when the law requires it). when the law requires it)