Nachura Notes – Administrative Law (Kiddy)
Powers of Administrative Bodies1.
Quasi-legislative or rule-making power2.
Quasi-judicial or adjudicatory3.
Exercise of delegated legislative power
Involves no discretion as to what the law shall be
Fix the details in the execution or enforcement of a policy
Rules and regulations issued by administrative authorities pursuant topowers delegated to them have the force and effect of law
They are binding on all persons subject to them
Courts will take judicial notice
Letters of Instructions and Eos are presidential issuances; one may repealor alter, modify or amend the other, depending on which comes later.
The function of promulgating rules and regulations may be legitimatelyexercised only for the purpose of carrying out the provisions of the lawinto effect.
Administrative regulations cannot extend the law or amend a legislativeenactment.
Administrative regulations must be in harmony with the provisions of law.It must not override, but must remain consistent with the law they seek toapply and implement.
Administrative agency has no discretion whether or not to implement alaw. Its duty is to enforce the law.
Administrative order is an ordinance issued by the President which relatesto specific aspects in the administrative operation of Government.Kinds of Administrative Rules or Regulations1.
Supplementary or Detailed Legislation
Fix the details in the execution and enforcement of a policy set out in thelaw.2.
Construe or interpret the provisions of a statute to be enforced
Binding on all concerned until they are changed
Effect of law and are entitled to respect
Have in their favor presumption of legality
Erroneous application of the law by public officers does not barsubsequent correct application of the law3.
Made on the existence of certain facts or things upon which theenforcement of law depends.Requisites for Validity1.
Issued under authority of law2