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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.
LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.
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.
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.
LEGISLATIVE
INTERPRETATIVE
Legislative
Judicial
General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing.
Exception: When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an
appropriate investigation.
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:
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Interpretative regulations
Internal rules and regulations governing the personnel of the administrative agency.
Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. (Tanada v. Tuvera)
The law itself must make violation of the administrative regulation punishable.
The law itself must impose and specify the penalty for the violation of the regulation.
The regulation must be published.
Jurisdiction
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Due process
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.
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.
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.
Reasons :
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to enable the administrative superiors to correct the errors committed 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.
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.
Reference: Ateneo