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Admin Reviewer 1
Admin Reviewer 1
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.
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.
2. What administrative agency It supplements the statute It says what the statute
is doing by filling in the details means
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.
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
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.
3. Exceptions
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.