POLITICAL LAW REVIEWER

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