This action might not be possible to undo. Are you sure you want to continue?
CH.3: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES A. IN GENERAL
Nature of powers: In general, the jurisdiction of AOs and AAs is special and limited. HOWEVER, the powers conferred must be commensurate with the duties to be performed and the purposes to be lawfully effected. Powers of ABs have been held broad and plenary within their fields, and only in cases of manifest abuse may a court interfere. NOTES: Persons dealing with AOs or AAs must take notice of their authority to act, and are charged with the knowledge of any and all limitations on their power. A govt. agency must respect the presumption of constitutionality and legality of a statute/regulation, until such is repealed or amended by the legislature, or otherwise set aside in an appropriate case by a competent court. Meaning of administrative power or function:
Function – that which one is bound to do or which it is one’s business to do. Power – the means by which a function is fulfilled. Sources: Constitution Statute creating it
NOTE: Failure to exercise powers granted to administrative agencies does not forfeit or extinguish such powers. Scope:
The term AP or AF is a convenient rather than a technical term. 1. Express and implied powers An AP is said to be any power not explicitly allocated in the Constitution, although in its nature, legislative, executive, or judicial. Includes: HOWEVER, statues conferring powers on AAs must be liberally construed to enable them to discharge their assigned duties in accordance with the legislative purpose. An AA has ONLY such powers as are expressly granted to it by law, but it has ALSO such powers as are necessarily implied in the exercise of its express powers. Where a general power is conferred or duly enjoined by law, every particular power necessary for the exercise of one or the performance of another is also conferred. Inherent powers powers which may be invested in agencies other than the legislature without delegating legislative powers; powers which may be vested in agencies other that courts without infringing upon the judicial power; and functions which may not be imposed upon a member of the judiciary.
Jurisdiction and powers of AAs are measured and limited, by the Constitution or law creating them, to those conferred expressly or by necessary or fair implication.
Most important AF is the exercise of judgment and discretion which statues have vested in the administrative agency. In the exercise of quasi-judicial functions, ABs must not be too dogmatic as to restrict themselves to literal interpretation of words and phrases. A complete and wholistic view is needed to render a just and equitable judgment. Classification of powers:
An AA has no inherent power. NOTE: Sometimes, implied powers are referred to as inherent. As to nature: 3. Quasi-judicial powers 1. 2. 3. investigatory quasi-legislative or rule-making quasi-judicial or adjudicatory
Unless expressly empowered, AAs are bereft of quasi-judicial powers. The extent to which an AA may exercise given judicial powers depends largely, if not wholly, on the statute empowering such agency. HOWEVER, they have in their favor the presumption of regularity in the performance of official function.
1|P a g e San Beda College, Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus.” 2012
As to degree of subjective choice:
SALVADOR, Vanessa L. 2nd Semester, A.Y. 2011-
production of documents. and analyzing evidence. records. A. statements. Discretional Discretion – the power of right conferred upon them by law of acting officially under certain circumstances. definite duty arising under the conditions admitted or proved to exist. 1. . and not controlled by the judgment or conscience of others. 2010) 1. and production of evidence B. It is the distinctive function which sets them apart from the court. then there is an absence of judicial discretion and judgment. 5. Hearing NOT part of criminal prosecution. 2. NOTES: This is conferred on practically all AAs.Some AAs exist solely to secure and provide info. reports. 4. and imposed by law. according to the dictates of their own judgment and conscience. organizing. Initiation of Investigation (on a complaint or on its motion) Conduct of Investigation A ministerial duty is one in respect to which nothing is left to discretion.Administrative law (De Leon and de leon.” 2012 2nd Semester. but such power may be exercised only through a statutory grant of power 8. 2011SALVADOR. Scope and extent of investigative powers: 2. and sometimes. 6. testimony of witnesses. giving of testimony. Vanessa L. or to require the disclosure of information by means of accounts.. so conducted that harmful publicity will not be used in lieu of sanctions provided by law 3. A ministerial act is one performed in response to a duty which has been positively imposed by law and its performance required at a time and in a manner or upon conditions specifically designated. Hearing (NOT necessary part of investigation) Contempt Proceedings May punish for contempt. Application of technical rules of procedure and evidence (NOT strictly applied) Right to counsel in administrative investigations: 1. As AID to other powers – It is used to inform AAs of particular situations to determine whether they should take further action. It is a simple.Y. 2|P a g e San Beda College. Test to determine whether an AB is exercising judicial functions or merely investigatory functions: If the only purpose for investigation is to evaluate evidence submitted before it based on the facts and circumstances presented to it. Right to counsel not always imperative because such inquiries are conducted merely to determine whether there are facts that merit disciplinary measure against erring public officers and employees. As SOLE power . or statements Requiring attendance of witnesses. Investigatory powers in general: INVESTIGATORY POWERS Not inherent to AAs. A party in an administrative inquiry may or may not be assisted by counsel. and no duty rests on such body to furnish the person being investigated with counsel. Investigatory or inquisitorial powers include the power of an AB to inspect the records and premises. or to secure. useful in rule-making or adjudicatory functions. Investigation is indispensable to prosecution. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus. usually conferred by statute even for purposes not quasi-judicial. Compulsion exerted through judicial process. reports. The power of investigation consists in gathering. 7. Ministerial Investigative powers must be exercised within the limits prescribed and bear a reasonable and legitimate relationship to the general powers granted. Usually private. records. and if the agency is not authorized to make a final pronouncement affecting the parties. Essence is that the person exercising it may choose which of several courses will be followed. or otherwise. the duty to perform under the conditions specified not being dependent upon the officer’s judgment or discretion. irrespective of the nature of the charges and of the respondent’s capacity to represent himself. to make recommendations. and investigate the activities of persons or entities coming under its jurisdiction. Inspection and Examination Requirements as to accounts. jr.
Regulations may be used in the sense of “rules” or only in the sense of “interpretative regulation. and not unfair or discriminatory. . 3.Y. delegated legislation. the basic law prevails because the latter cannot go beyond the terms and provis of the basic law. jr. C. and Statute fixes a STANDARD. as required by the Consti). Supplementary or detailed legislation 4. 2. also called admin legislation. 5. Rule-making is legislation in the admin level (legislation within the confines of the granting statute. setting forth the policy to be executed by the agency. whether a statute shall go into effect Kinds of rules and regulations 1. mapping out the boundaries of the agency’s authority to which it must conform. Necessity Impractical for lawmakers to provide general regulation for various AAs Subordinate legislation is permitted to adapt to the increasing complexity of modern life and variety of public functions. Conditions Rules. 4. Interpretative legislation Rule-making by the construction and interpretation of a statute being administered Unless intent to the contrary is made manifest either by express terms of the statute or by necessary implication. and quasi-legislation. 2. enlarge or expand. Prospective application Rule-making by reason of particular delegation of authority 2.. restrict or limit the provis or coverage of the statute. 2011SALVADOR. Kinds of rule-making powers 1. Exclusionary rule in custodial investigation NOT applicable. 2. The power conferred upon an AA to issue or promulgate R or R necessary to carry out its functions has been held to be an adequate source of authority to delegate a particular function. 4. Contingent legislation or determination Under delegated power. Discretionary or legislative Interpretative Contingent Procedural 3|P a g e San Beda College. ordinance-making. It may not amend. reasonable. Legislation on the admin level: The rule-making power of an AA (the power to make implementing or interpretative R or R) is legislative in character and results in delegated legislation. 3. Binding force and effect The term ruling is used to signify an interpretation or an application of a rule or statute to a particular situation. supplant. It may not make R&R which are inconsistent with the provis of the Consti or a statute.” 2012 2nd Semester. In general: 1.Administrative law (De Leon and de leon. 3. Vanessa L. A valid rule/regulation duly promulgated by an AA has the force and effect of law and is binding on the agency and on all those dealing with the agency.” Valid exception to non-delegation of legislative power provided two conditions concur: Statute is COMPLETE in itself. Limitations on the rule-making power: 1. A. 3. and orders or rulings: The R&R on an admin body or officer usually comprise those actions of such body or officer in which the legislative element predominates in that they establish a pattern of conduct thereafter to be followed. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus. They are actions in which there is more of the judicial function. modify. alter. An R or R should be uniform in operation. In case of discrepancy between the basic law and R or R. Nature RULE-MAKING POWERS What may be granted to an AA is rule-making power to implement the law it is entrusted to enforce. It cannot engraft additional requirements not covered by the statute. regulations. 2010) 2. 5.
i. and b. They have validity in judicial proceedings only to the extent that they correctly construe the statute. A. LR may or may not have statutory sanction. 2. Entitled to great weight and respect 1. 2010) 5. Nevertheless. filling in the details. Congress may provide that a law shall take effect upon the happening of future specified contingencies leaving to some other person or body the power to determine when the specified contingency has arisen.. 2011SALVADOR. LR may be issued only under express delegation of the law. Need for express delegation Which is why statutes are couched in general terms. Internal or penal Valid legislative rules have the same force and effect as valid statutes. and is thus strengthened as the representative organ of govt. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus.Administrative law (De Leon and de leon. supplementing the statute. 5. Characteristics a. products of the power to create new and additional legal provisions that have the effect of law. Resemble judicial adjudication Practical Necessity of Rule-Making Power They are those which purport to do no more than interpret the statute being administered. IR none. Legislative and interpretative rules distinguished 1. while IR are the product of interpretation of previously existing law. have authoritative force. 2. They are at best advisory.Y. Presence of statutory sanction 2. while interpretations of an AB ordinarily control the construction of the courts. Procedural rules Interpretative rules and regulations Refers to those describing the methods by which the agency will carry out its appointed functions. Consequence of wrong construction Legislative rules and regulations 1. jr. Freed from concern with details. or “making the law”. 4. they are not conclusive. A form of subordinate legislation No vested right can be acquired on a wrong construction of the law by AOs and such wrong interpretation does not place the government in estoppels to correct or overrule the same. Binding force and effect 4|P a g e San Beda College. Power to create new law Complexity of conditions resulted in regulatory role of Congress. 3. Vanessa L. while IR may be issued as a necessary incident of the administration of a regulatory statute. It provides that the rule shall. even when their issuance is authorized by statute. 1. 2. 2. The statute has delegated power to the agency to adopt the rule. Additional time to investigate how AAs have concretized and enforced its policies. 3. IR are always subject to judicial determination that they are erroneous. Contingent rules and regulations AA acts in a legislative capacity. the legislature can concentrate its attention upon the enactment of the fundamentals of policy. Inability of legislative bodies to anticipate future situations LR are in the nature of subordinate legislation.e. . Considered as not violative of due process as long as cardinal rights of the parties affected are observed. If a difficulty concerns details rather than basic policy. Regulation of highly complex and changing conditions Gradual change in regulatory role of Congress Can be used only in virtue of statutory delegation. easier to correct mistakes and meet changing conditions. if within the delegated power. provide only general principles of regulation. they are accorded the force and effect of law immediately upon going into effect. 3. Special advantages of the rule-making power 1. when valid.” 2012 2nd Semester. and to devolve upon admin authorities the task of applying those general principles.
2. previous notice and hearing or publication is necessary to satisfy due process. Interpretative rule W the rule correctly interprets the statute/ W the rule amounts to an attempt to exercise legislative powers not delegated. can. 8. after such act/omission. 4. Vanessa L. A rule is invalid if it exceeds the authority conferred to it.” 2012 SALVADOR. Nature Determination of validity of rules (questions to be asked) 5|P a g e San Beda College. and evading the letter of the law. Administrator need not have to choose bet. arbitrary. 2nd Semester. The rules and regulations must have been issued on the authority of law. 1. 2. Object Bear reasonable relation to the purpose sought to be accomplished Supported by good reasons Free from constitutional infirmities or charge of arbitrariness NOTE: In certain cases. 2.Y. 9. Contingent legislation furnished a means by which a policy can be blocked out by the legislature. notwithstanding that. 3. Legislative rule W the rule relates to the subject matter on which power to legislate has been delegated. and W the rule is invalid on constitutional grounds. by constantly rubbing elbows with his particular problems. A. Courts will set aside rules deemed unconstitutional. 2010) 4. 1. 2011- . Requisites for validity of admin rules and regulations 1. TESTS applied in determining validity of rules 1. subject to political responsibility with respect to discretionary matters. By legislative act By implication from powers expressly granted TESTS TO DETERMINE VALIDITY OF R&R (according to Atty. 5. Not contrary to law and the Constitution. A rule is void if it has no reasonable relationship to the statutory purpose. jr. Promulgated in accordance with the established procedure. A rule is void if it extends or modifies the statute. 6. 3. Gallant Soriano) 1.4) W it passes the completeness test AND the sufficient standard test W it doesn’t violate any of the limitations (infra. Internal rules and regulations They refer to admin R&R issued by a superior admin or executive officer to his subordinates for the proper and efficient administration of the law. The administrator is the one who. 7. 2. and to professional responsibility with respect to technical matters. If discretion in particular matters is untrammeled. Interpretative regulations are a means to increasing the certainty of the law. Requirements of reasonableness 1. work out the specific regulations best calculated to attain the statutory objective. 2. They must be published in full if their purpose is to enforce or implement existing law pursuant to a valid delegation. See Ch. defeating the central purpose of the statute by trying to work the unworkable.Administrative law (De Leon and de leon. NOTE: A liberal implementation is justified if their rigid enforcement will result in deprivation of legal rights.. 2. a bureaucracy is. especially if the statute provides that no crim/civ liability shall apply to any act done or omitted in GF in conformity with such interpretation. 3.) Creates no relation except between the official who issues them and the official who receives them For the efficient and economical administration of the affairs of the dept or agency in which they issued in accordance with the law governing the subj matter 2. it is more liable to abuse than if statutory generalities are made more specific and concrete before they are applied to individual situations. ideally. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus. W it falls under a PERMISSIVE DELEGATION (supra. W the rule conforms to the standards prescribed in the delegatory statute. Grant of Rule-making powers 1. by trial and error. 5. 3. such interpretations are held invalid by the courts. A rule is invalid if it conflicts with the governing statute. or unreasonable. In working out the specifics of policy.
Where rules apply to named or specified parties Those carrying penal or criminal sanctions for violations of the same. jr. a relationship in which power is the source. Creates no rights in 3 persons. Requisites for validity a. D. Where the regulations merely or interpretative 2. a. board or body which performs it. They are based on. and d. In general. as if they had been written in the original law itself. do not pass beyond the limits of the dept. 3. NOTE: Publication is required as a condition precedent to the effectivity of a law to inform the public of the contents of the law or the R&R before their rights and interests are affected by the same. rather than the office. Pub must be in full or it is no pub at all. and obedience. that determines whether or not it is exercising a judicial or quasi-judicial function. The law which authorizes the promulgation of R&R must itself provide for the imposition of a penalty for their violation. Receive statutory force upon going into effect. 4. Need not be published. 1. or ascertain the existence of facts. pub in OG or in a newspaper of general circ in the Phil is necessary. a. 2010) Admin in nature. Interpretative R&R including admin constructions do not have the force of law. Rules prescribing the methods of procedure within an agency have the effects of law. Vanessa L. the legislature need not require previous notice or hearing as a prerequisite to the act of the AA. b. Valid if duly promulgated or adopted in pursuance of properly delegated statutory or constitutional authority of the agency. Legislative R&R of an admin body which are valid have the force and effect of law..” 2012 SALVADOR. Contemporaneous construction. Penal rules and regulations rd 1. TEST: It is the nature of the act to be performed. legislative in nature is delegated. Adjudicatory Powers Quasi-judicial – a term which applies to the actions. A.Y. since the legis could have performed that act without notice or hearing. Legal force and effect of AR&R 1. is entitled to great weight and considerations by the courts. 2. interpretative rules are considered impt only where the statute itself is ambiguous. Nature of power to prescribe penalties Where rules/rates apply exclusively to a particular party and are predicated upon a finding of fact. and are binding on both the agency and on the respondent. Requirements of notice and hearing. 2011- . and are just as binding upon all the parties. the object. The lawmaking body cannot delegate to an AA or AO. Where requirements prescribed by law Where rules have the force and effect of law When the issuances are of general applicability. as a basis for their official action and to exercise discretion of a judicial nature. CA 638 mandates that EOs and Procs of general applicability must also be published. etc of a public admin officers/bodies that are required to investigate facts. The violation for which the R&R impose a penalty must be punishable or made a crime under the law itself. c. This is especially true if the admin interpretation has been observed for a long time without objection. discretion. The R&R must be published in the Official Gazette. Generally 3. 2nd Semester. 2. ABs have the authority to issue admin regulations which are penal in nature where the delegating statute itself makes the violation of the admin regulation punishable and provides for its penalty. the agency in making such finding of fact. It must fix or define such penalty. which fact is denied by said party. performs a quasi-judicial function necessitating previous notice and hearing. Where rules do not apply to named or specified parties Where a function. hold hearings. Validity subject to challenges in court b. or publication 6|P a g e San Beda College. b. draw conclusions from them. Subsequent pub will not cure the defect. and are the product of. placed upon the statute by the executive officers whose duty is to enforce it. c. 5. the power to declare what acts shall constitute a criminal offense and how it shall be punished.Administrative law (De Leon and de leon. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus.
3. 4. Vanessa L. Adjudicatory action investigates. It is the power and authority to make a final. General policy of courts to sustain decisions of AAs Doctrine of separation of powers Presumed knowledgeability and expertise in the laws they are entrusted to enforce Will not compel or prohibit. to settle in the exercise of judicial authority. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus. determine. but does not involve the exercise of functions of a judge. Due process of notice and hearing In exercising adjudicatory function. Generality and particularity Limited delegation of quasi-judicial authority because of the need for special competence and experience in the resolution of questions Extent of powers depends largely on the enabling law. duties. The grant of original jurisdiction on a quasi-judicial agency is NOT IMPLIED. unless in cases of grave abuse or excess of jurisdiction Adjudicatory function applies to named persons or to specific situations. all controversies relating to the subject matter pertaining its specialization are deemed to be included within its jurisdiction. .) 3. Grant of particular power must be found in the law itself. Distinguished from rule-making A rule is the product of rule-making. failure to meet such would deny a grant of license. it may still constitute adjudication. Futurity and retrospection Describe powers and functions which involve the decision or determination by AAs of the rights. jr. [Sandoval v. a licensing board may law down general substantive regulations. Involve judicial function exercised by a person other than a judge Where a power rests in judgment or discretion. (Case in point. To ADJUDICATE means to adjudge. When an AB or AA is conferred quasi-judicial functions. so that it is of judicial nature or character. Nature of particular acts 1. Licensing.” 2012 2nd Semester. enabling. or is conferred upon an officer other than a judicial officer. Does not involve resolving a controversy involved in the facts inquired into by application of the laws to the facts established by the inquiry. declares and enforces liabilities as they stand on present or past facts and under laws supposed to exist. HOWEVER. due process requirements must be observed. 1. determination of what the law is and adjudicate the respective legal rights or liabilities of the contending parties with respect to the matter in controversy Where the function is primarily administrative and the power to hear and determine is merely incidental to such administrative duty. or approving 7|P a g e San Beda College.Y. try. 2010) 1. Jurisdiction is LIMITED. explore. and rule-making is a part of the admin process that resembles a legislature’s enactment of statutes. prior notice and hearing are not essential to the validity of rules and regulations promulgated to govern future conduct since there is no determination of past events or facts that have to be established or ascertained. even though action is evidences by a rule. Adjudication is that part which resembles a court’s decision of a case. inquire or delve into. (2000)] Distinguished from Judicial Power Judicial power is the power to hear. Rule-making looks to the future and changes existing conditions by making a new rule to be applied thereafter to all or some part of those subject thereto. COMELEC. and determine all sorts of cases at law and equity which are brought before the courts. it is deemed quasi-judicial. Involve specific parties Distinguished from investigative power To INVESTIGATE means to examine. rather than an initial. 2. such power is adjudicatory.. arbitrate. Whereas. and obligations of specific individuals and persons 2. rule on. A.Administrative law (De Leon and de leon. 2011SALVADOR. Extent of powers 1. 2. Split jurisdiction NOT FAVORED. Rule-making lays down general regulations that apply to or affect classes of persons or situations.
2.. It is the duty of the Legislature to make the law. precluding one branch from exercising or invading the powers of another. Principle: A delegated power constitutes not only a right but a duty to be performed by the delegate by the instrumentality of his own judgment acting immediately upon the matter and not through the 8|P a g e San Beda College. a license/permit/franchise/CPC is quasi-judicial or administrative NOT JUDICIAL. Enabling powers 3. and the Judiciary to construe it. A.” 2012 2nd Semester. Summary powers Used to designate admin power to apply compulsion or force against a person or property to effectuate a legal purpose without a judicial warrant AA generally may not themselves enforce their determinations. Exclusive exercise of assigned powers Illustrated by the corrective powers of public utility commissions.4: SEPARTION OF ADMINISTRATIVE AND OTHER POWERS Doctrine of Separation of Powers Fundamental principle in a republic government. Blending of allocated powers Admin on the one hand. But. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus. jr. or authority to relieve from an affirmative duty. 3. when demanded by urgent public need. Where the rules and rates imposed apply exclusively to a particular party. classification.. the function is quasi-judicial. In any case. rates of public utilities without a hearing. Allocation of governmental powers Governmental powers are divided among the 3 depts and confined such powers. 2. Equitable powers CH. or in suspending or revoking. 2010) The action of an AA in granting or denying. 2011SALVADOR. Prior notice and hearing required. at least not by direct and positive action. It assumes that the rates are fair to both the public utility and the consumer. or too high as to be oppressive. and powers of abstract determination such as definition-valuation. Sanctions a deviation from a standard (whereas licensing power sets or assumes a standard). Where the rules are meant to apply to all enterprises of a given kind throughout the country. Doctrine of Non-Delegation of Powers Based on the maxim potestas delegata non potest delegari (what has been delegated cannot in turn be delegated). and fact-finding 3.Y. Dispensing powers . Directing powers The TRUE MEANING of the theory of separation of powers is that the powers assigned to one department should not be exercised by either of the other depts. an overruling influence or control over the others. 4. an AA may be empowered by law to approve provisionally. The basic requirement of reasonableness comprehends such rates which must not be so low as to be confiscatory. the rates must both be non-confiscatory and must have been established in the manner prescribed by the legislature. and awards under workmen’s compensation laws. 1. or as judicial in nature or quasi-judicial. reparations under public utility laws. Miscellaneous acts 5.Administrative law (De Leon and de leon. they may partake of legislative character. the Executive to execute it. Vanessa L. powers of assessment under the revenue laws. on the other hand Classification of adjudicatory powers Exact delimitation is impossible. based upon a finding of fact. directly or indirectly. Usually characterized by the grant or denial of permit or authorization 2. 1. Fixing rates and charges Exemplified by the authority to exempt from or relax a general prohibition. Where a statute empowers an agency to revoke a license for non-compliance with or violation of agency regulations. and that no dept ought to possess. the admin act is of a judicial nature since it depends upon the ascertainment of the existence of certain past or present facts upon which a decision is to be made and rights and liabilities determined. It obtains not through express provision but by actual division in the Constitution.
not what the law shall be. 4. - - b. Manila – College of Law | 2J “Ut In Omnibus Glorificetur Deus. and a statute must be complete in itself so that by appropriate judicial review and control. the only thing he will have to do is enforce it. the only standard is that the rate be reasonable and just. A. it may delegate to AAs the authority to exercise such legislative power as is necessary to carry into effect the general legislative purpose. there must be adequate guidelines or limitations in the law to map out the boundaries of the delegated authority and prevent the delegation from running riot. TEST: W the provision is sufficiently definite and certain to enable one to know his rights and obligations thereunder. 3. Vanessa L. Standard may be express (prescribed by the law itself). - Presence of a sufficient standard. When the legislature laid down the fundamentals of a law. other laws). 2. manner and the extent of its operation are stated in it such that when it reaches the delegate. 2. Permissible Delegation 1. limited only to the efficient administration of the statutes. 2011SALVADOR. Need for delegation Details beyond the capacity of legislature to determine Matter requires more specialized knowledge and expertise Requisites for delegation Completeness of the statute making the delegation. Tariff powers to the Pres Emergency powers to the Pres To people at large (by way of referendum or plebiscite) To LGU To admin bodies (subordinate legislation) - In the delegation of rate-fixing. A further delegation of such power would constitute a negation of the duty in violation of the trust reposed in the delegate mandated to discharge it directly. provided that it be a restricted one. any action taken pursuant to delegated authority may be kept within the defined limits of the authority conferred. it is recognized that some judicial powers may be conferred upon and exercised by AAs without violating the Consti. Restriction on grant of judicial power Doctrine of separation of powers also operates to restrict the exercise of judicial functions to AA.Administrative law (De Leon and de leon. . 5. jr. However. a statute may be compete when the subject. 2010) intervening mind of another. a. 1.Y. Delegation to AAs What can be delegated is the discretion to determine how the law may be enforced. or implied (from the policy and purpose of the statute considered as a whole.. - 9|P a g e San Beda College.” 2012 2nd Semester.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue listening from where you left off, or restart the preview.