Powers of Administrative Agencies and must, consider and make proper application of the

1. Quasi-legislative power / Power of subordinate rules of equity.

legislation Ex. Power to appoint a receiver, power to issue
2. Quasi-judicial power/Power of adjudication injunctions
3. Determinative powers (Note: Senator Neptali Kinds of Administrative Regulations
Gonzales calls them incidental powers)
DISTINCTIO LEGISLATIV
Definition of “Quasi-legislative power”
NS E INTERPRETATIVE
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 1. Capacity
implement legislative policy. that
Distinctions between Quasi-legislative power and administrativ
legislative power e agency is
1. LEGISLATIVE power involves the discretion to acting in Legislative Judicial
determine what the law shall be. QUASI-
legislative power only involves the discretion to It
determine how the law shall be enforced. 2. What supplements
2. LEGISLATIVE power CANNOT be administrativ the statute
delegated. QUASI-legislative power CAN be e agency is by filling in It says what the
delegated. doing the details statute means
Tests of Delegation (applies to the power to
promulgate administrative regulations ) Legislative
1. COMPLETENESS test. This means that the law regulations
must be complete in all its terms and conditions have the
when it leaves the legislature so that when it force and
reaches the delegate, it will have nothing to do effecr of law
but to enforce it. immediately
2. SUFFICIENT STANDARD test. The law must offer upon going
a sufficient standard to specify the limits of the into effect.
delegate’s authority, announce the legislative Such is Merely
policy and specify the conditions under which it accorded by persuasive/Receiv
is to be implemented. the courts or ed by the courts
Definition of Quasi-Judicial Power by express with much respect
It is the power of administrative authorities to make 3. Force and provision of but not accorded
determinations of facts in the performance of their official effect statute. with finality
duties and to apply the law as they construe it to the facts Requisites of a Valid Administrative Regulation
so found. The exercise of this power is only incidental to 1. Its promulgation must be authorized by the
the main function of administrative authorities, which is legislature.
the enforcement of the law. 2. It must be within the scope of the authority given
Determinative Powers by the legislature.
1. ENABLING powers 3. It must be promulgated in accordance with the
Those that PERMIT the doing of an act which the law prescribed procedure.
undertakes to regulate and would be unlawful without 4. It must be reasonable
government approval. Need for Previous Notice and Hearing
Ex. Issuance of licenses to engage in a particular business. 1. General Rule: Administrative rules of GENERAL
2.DIRECTING powers application do NOT require previous notice and
Those that involve the corrective powers of public utility hearing.
commissions, powers of assessment under the revenue 2. Exception: When the legislature itself requires it
laws, reparations under public utility laws, and awards and mandates that the regulation shall be based
under workmen’s compensation laws, and powers of on certain facts as determined at an appropriate
abstract determination such as definition-valuation, investigation.
classification and fact finding 3. If the regulation is in effect a settlement of a
3. DISPENSING powers controversy between specific parties, it is
Exemplified by the authority to exempt from or relax a considered an administrative adjudication,
general prohibition, or authority to relieve from an requiring notice and hearing.
affirmative duty. Its difference from licensing power is Prescribing of Rates
that dispensing power sanctions a deviation from a It can be either:
standard. 1. LEGISLATIVE
4. SUMMARY powers If the rules/rates are meant to apply to all enterprises of a
Those that apply compulsion or force against person or given kind throughout the country.
property to effectuate a legal purpose without a judicial No prior notice and hearing is required.
warrant to authorize such action. Usually without notice 2. QUASI-JUDICIAL
and hearing. If the rules and rates imposed apply exclusively to a
Ex. Abatement of nuisance, summary destraint, levy of particular party, based upon a finding of fact. Prior notice
property of delinquent tax payers and hearing is required.
5. EQUITABLE powers Requirement of Publication
Those that pertain to the power to determine the law Administrative Regulations that MUST be published:
upon a particular state of facts. It refers to the right to,
 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 committed by t
heir 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.