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Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers) Definition of "Quasi-legislative power" 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
1. LEGISLATIVE power involves the discretion to determine what the
law shall be. QUASI-legislative power only involves the discretion to determine how the law shall be enforced. 2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated. Tests of Delegation (applies to the power to promulgate administrative regulations )
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. 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 implemented. Definition of Quasi-Judicial Power 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 this power is only incidental to the main function of administrative authorities, which is the enforcement of the law. Determinative Powers 1.ENABLING powers Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful without government approval. Ex. Issuance of licenses to engage in a particular business. 2.DIRECTING powers Those that involve the corrective powers of public utility commissions, powers of assessment under the revenue laws, reparations under public utility laws, and awards under workmen’s compensation laws,
Force and effect Legislative regulations have the force and effecr of law immediately upon going into effect. It refers to the right to. Usually without notice and hearing. 3. Ex. Capacity that Legislative administrative agency is acting in 2. levy of property of delinquent tax payers 5. classification and fact finding 3. Power to appoint a receiver. 2. INTERPRETATIVE Judicial It says what statute means the Merely persuasive/ Received by the courts with much respect but not accorded with finality Requisites of a Valid Administrative Regulation 1. Such is accorded by the courts or by express provision of statute. summary destraint. or authority to relieve from an affirmative duty. consider and make proper application of the rules of equity. power to issue injunctions Kinds of Administrative Regulations DISTINCTIONS LEGISLATIVE 1. It must be promulgated in accordance with the prescribed procedure. 4. 4.and powers of abstract determination such as definition-valuation. and must. EQUITABLE powers Those that pertain to the power to determine the law upon a particular state of facts. Its promulgation must be authorized by the legislature. SUMMARY powers Those that apply compulsion or force against person or property to effectuate a legal purpose without a judicial warrant to authorize such action. It must be reasonable Need for Previous Notice and Hearing 1. . Its difference from licensing power is that dispensing power sanctions a deviation from a standard. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. Abatement of nuisance. What administrative It supplements the agency is doing statute by filling in the details 3. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition. Ex. It must be within the scope of the authority given by the legislature.
Requirement of Publication Administrative Regulations that MUST be published: 1. 3. Requisites for Proper Exercise of Quasi-Judicial Power 1. 2. Interpretative regulations 2. Prescribing of Rates It can be either: 1.2. (Tanada v. Jurisdiction 2. The regulation must be published. Administrative regulations that do NOT NEED to be PUBLISHED: 1. Prior notice and hearing is required. LEGISLATIVE If the rules/rates are meant to apply to all enterprises of a given kind throughout the country. If the regulation is in effect a settlement of a controversy between specific parties. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. requiring notice and hearing. 2. Administrative regulations of GENERAL application. No prior notice and hearing is required. Exception: When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. The law itself must make violation of the administrative regulation punishable. QUASI-JUDICIAL If the rules and rates imposed apply exclusively to a particular party. 3. Tuvera) Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. Internal rules and regulations governing the personnel of the administrative agency. based upon a finding of fact. 2. Administrative regulations which are PENAL in nature. The law itself must impose and specify the penalty for the violation of the regulation. Due process Administrative Due Process : Requirements . 3. it is considered an administrative adjudication.
2. power has not been fully and finally exercised. Order not reviewable in any other way. 2. Preserve status quo pending further action by the administrative agency. 3. Urgency of immediate action Tentativeness of the administrative action Right was previously offered but not claimed Summary abatement of a nuisance per se Preventive suspension of a public servant facing administrative charges Padlocking of filthy restaurants/theaters showing obscene movies Cancellation of a passport of a person sought for criminal prosecution Summary distraint and levy of properties of a delinquent taxpayer Replacement of a temporary or acting appointee Questions Reviewable on Judicial Review: 1.1. Right to Notice. Doctrine of Finality Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality. 8. be it actual or constructive 2. By reason of their special knowledge. Order made in excess of power . Essential to the protection of the rights asserted from the injury threatened. 9. EXCEPTIONS: Interlocutory order affecting the merits of a controversy. It may be appealed even against legislative prohibition because the judiciary cannot be deprived of its inherent power to review all decisions on questions of law. Impartial tribunal with competent jurisdiction 4. 6. the reason being that absent a final order or decision. 4. Question of LAW Administrative decision may be appealed to the courts independently of legislative permission. 5. 7. and there can usually be no irreparable harm. Reasonable opportunity to appear and defend his rights and to introduce witnesses 3. the courts ordinarily accord respect if not finality to factual findings of administrative tribunals. Questions of FACT The general rule is that courts will not disturb the findings of administrative agencies acting within the parameters of their own competence so long as such findings are supported by substantial evidence. expertise. Officer assumes to act in violation of the Constitution and other laws. Finding or decision supported by substantial evidence Exceptions to the Notice and Hearing Requirement 1. and experience.
Note: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable. 2. Reasons : a. when act complained of is patently illegal d. to enable the administrative superiors to correct the errors committed by their subordinates. This doctrine states that courts cannot or will not determine a controversy which requires the expertise. Under this doctrine. c. when the administrative body is in estopped c. 3. Exceptions a. specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. Doctrine of Prior Resort When a claim originally cognizable in the courts involves issues which. speedy and adequate remedy. 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. 2. courts should not be saddled with the review of administrative cases d. judicial review of administrative cases is usually effected through special civil actions which are available only if their is no other plain. when claim involved is small f. when irreparable damage is involved g. bodies in deference to the doctrine of separation of powers. when there is no other plain. involves constitutional questions b. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court even though the matter is within the proper jurisdiction of a court. adequate remedy h. under a regulatory scheme are within the special competence of an administrative agency. when there is urgent need for judicial intervention e. when strong public interest is involved .Doctrine of Primary Jurisdiction 1. b. speedy . judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view. Doctrine of Exhaustion of Administrative Remedies 1. when the question raised is purely legal. courts should refrain from disturbing the findings of administrative.
l. . when the subject of controversy is private land in quo warranto proceedings When the administrative remedy is permissive. when no administrative review is provided p. concurrent utter disregard of due process long-continued and unreasonable delay n. Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER EGO DOCTRINE) j.I. m. k. amount involved is relatively small o.
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