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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,
Ex. Such is accorded by the courts or by express provision of statute. Power to appoint a receiver. Capacity that Legislative administrative agency is acting in 2. It must be within the scope of the authority given by the legislature. summary destraint. 3. 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.and powers of abstract determination such as definition-valuation. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. 4. Abatement of nuisance. 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 must be promulgated in accordance with the prescribed procedure. . and must. Its difference from licensing power is that dispensing power sanctions a deviation from a standard. 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. consider and make proper application of the rules of equity. classification and fact finding 3. Ex. power to issue injunctions Kinds of Administrative Regulations DISTINCTIONS LEGISLATIVE 1. Its promulgation must be authorized by the legislature. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition. It must be reasonable Need for Previous Notice and Hearing 1. Usually without notice and hearing. Force and effect Legislative regulations have the force and effecr of law immediately upon going into effect. 2. What administrative It supplements the agency is doing statute by filling in the details 3. 4. or authority to relieve from an affirmative duty. It refers to the right to.
Requirement of Publication Administrative Regulations that MUST be published: 1. 2. (Tanada v. Due process Administrative Due Process : Requirements . Tuvera) Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. 3. LEGISLATIVE If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.2. 3. 2. requiring notice and hearing. Interpretative regulations 2. The law itself must make violation of the administrative regulation punishable. it is considered an administrative adjudication. Internal rules and regulations governing the personnel of the administrative agency. Administrative regulations that do NOT NEED to be PUBLISHED: 1. based upon a finding of fact. QUASI-JUDICIAL If the rules and rates imposed apply exclusively to a particular party. If the regulation is in effect a settlement of a controversy between specific parties. Prescribing of Rates It can be either: 1. Administrative regulations which are PENAL in nature. 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 regulation must be published. 2. The law itself must impose and specify the penalty for the violation of the regulation. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. Jurisdiction 2. Prior notice and hearing is required. Requisites for Proper Exercise of Quasi-Judicial Power 1. Administrative regulations of GENERAL application. 3.
Order made in excess of power . 2. Essential to the protection of the rights asserted from the injury threatened. 9. and experience. Impartial tribunal with competent jurisdiction 4. power has not been fully and finally exercised. Preserve status quo pending further action by the administrative agency. the reason being that absent a final order or decision. Doctrine of Finality Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality. Reasonable opportunity to appear and defend his rights and to introduce witnesses 3. By reason of their special knowledge. Officer assumes to act in violation of the Constitution and other laws. 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. 8.1. Right to Notice. EXCEPTIONS: Interlocutory order affecting the merits of a controversy. 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. the courts ordinarily accord respect if not finality to factual findings of administrative tribunals. Finding or decision supported by substantial evidence Exceptions to the Notice and Hearing Requirement 1. 6. Order not reviewable in any other way. 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. 2. Question of LAW Administrative decision may be appealed to the courts independently of legislative permission. expertise. and there can usually be no irreparable harm. be it actual or constructive 2. 7. 4. 3. 5.
when irreparable damage is involved g. judicial review of administrative cases is usually effected through special civil actions which are available only if their is no other plain. when strong public interest is involved . 3. This doctrine states that courts cannot or will not determine a controversy which requires the expertise. courts should not be saddled with the review of administrative cases d. Reasons : a. Exceptions a. when claim involved is small f. 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. Doctrine of Prior Resort When a claim originally cognizable in the courts involves issues which. Doctrine of Exhaustion of Administrative Remedies 1. when act complained of is patently illegal d. courts should refrain from disturbing the findings of administrative. 2. when there is urgent need for judicial intervention e. c. to enable the administrative superiors to correct the errors committed by their subordinates. Note: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable. speedy . 2. 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. adequate remedy h. 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. when there is no other plain.Doctrine of Primary Jurisdiction 1. when the question raised is purely legal. b. bodies in deference to the doctrine of separation of powers. involves constitutional questions b. when the administrative body is in estopped c. specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. speedy and adequate remedy.
I. amount involved is relatively small o. 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. when no administrative review is provided p. l. k. concurrent utter disregard of due process long-continued and unreasonable delay n. m. . respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER EGO DOCTRINE) j. when the subject of controversy is private land in quo warranto proceedings When the administrative remedy is permissive.