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Page 84 of 125
Political Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Those that PERMIT the doing of an act which Kinds of Administrative Regulations
the law undertakes to regulate and would be
unlawful without government approval. DISTINC LEGISLATIVE INTERPRE
Ex. Issuance of licenses to engage in a TIONS TATIVE
particular business 1. Capacity Legislative Judicial
2. DIRECTING powers that
Those that involve the corrective powers of administrati
public utility commissions, powers of ve agency
assessment under the revenue laws, reparations is acting in
under public utility laws, and awards under 2. What It supplements It says
workmen’s compensation laws, and powers of administrati the statute by what the
abstract determination such as definition- ve agency filling in the statute
valuation, classification and fact finding is doing details means
3. DISPENSING powers 3. Force Legislative Merely
Exemplified by the authority to exempt from or and effect regulations have persuasive/
relax a general prohibition, or authority to relieve the force and Received
from an affirmative duty. Its difference from effect of law by the
licensing power is that dispensing power immediately courts with
sanctions a deviation from a standard. upon going into much
4. SUMMARY powers effect. Such is respect but
Those that apply compulsion or force against accorded by the not
person or property to effectuate a legal purpose courts or by accorded
without a judicial warrant authorizing such express with finality
action; usually without notice and hearing. provision of
Ex. Abatement of nuisance, summary statute.
restraint, levy of property of delinquent
taxpayers
5. EQUITABLE powers
Those that pertain to the power to determine the Requisites of a Valid Administrative
law upon a particular state of facts. It refers to Regulation
the right to, and must, consider and make proper 1. Its promulgation must be authorized by
application of the rules of equity. the legislature.
Ex. Power to appoint a receiver, power to 2. It must be within the scope of the
issue injunctions authority given by the legislature.
3. It must be promulgated in accordance
Definition of “INVESTIGATORY POWER” with the prescribed procedure.
The power to inspect, secure, or require 4. It must be reasonable.
the disclosure of information by means of
accounts, records, reports, statements and Need for Previous Notice and Hearing
testimony of witnesses. 1. General Rule: Administrative rules of
Administrative agencies do not have the GENERAL application do NOT require
inherent power to require the attendance of previous notice and hearing.
witnesses but has the power to require the
production of books, etc. The exertion if not 2. Exceptions:
expressly provided for by law must be done a. When the legislature itself requires it
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through judicial process.
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and mandates that the regulation
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Neither do they have the inherent power shall be based on certain facts as
to punish a person who fails to appear before determined at an appropriate
them for contempt in the absence of any investigation.
statutory provision granting the same. b. And, if the regulation is in effect a
settlement of a controversy between
specific parties, it is considered an
administrative adjudication,
requiring notice and hearing.
Page 85 of 125
Political Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 86 of 125
Political Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
1. This determines the point at which 3. Essential to the protection of the rights
courts may review admin action. asserted from the injury threatened;
2. Application: 4. Officer assumes to act in violation of the
a. when the interest of the plaintiff is Constitution and other laws;
subjected to or imminently 5. Order not reviewable in any other way;
threatened with substantial injury 6. Order made in excess of power
b. if the statute is self-executory
c. when a party is immediately Doctrine of PRIMARY JURISDICTION
confronted with the problem of 1. Courts cannot or will not determine a
complying or violating a statute and controversy, which requires the
there is a risk of criminal penalties expertise, specialized skills and
d. when plaintiff is harmed by the knowledge of the proper administrative
vagueness of the statute bodies because technical matters of
intricate questions of fact are involved.
Questions Reviewable on Judicial Review: 2. Relief must first be obtained in an
1. Questions of FACT administrative proceeding before a
General Rule: Courts will not disturb remedy will be supplied by the court,
the findings of administrative agencies despite the matter is within the proper
acting within the parameters of their own jurisdiction of a court.
competence.
Exception: If such findings are NOT Doctrine of PRIOR RESORT
supported by substantial evidence. When a claim originally cognizable in the courts
By reason of their special knowledge, involves issues, which under a regulatory
expertise, and experience, the courts scheme are within the special competence of an
ordinarily accord respect if not finality to administrative agency, judicial proceedings will
factual findings of administrative tribunals. be suspended pending the referral of these
issues to the administrative body for its view.
2. Questions of LAW NOTE: The doctrines of primary jurisdiction and
Administrative decision may be prior resort have been considered to be
appealed to the courts independently of interchangeable.
legislative permission.
It may be appealed even against Doctrine of EXHAUSTION OF
legislative prohibition because the judiciary ADMINISTRATIVE REMEDIES
cannot be deprived of its inherent power to General Rule: An administrative decision must
review all decisions on questions of law. first be appealed to the administrative superiors
up to the highest level before it may be elevated
Enforcement of admin determinations/ to a court of justice for review.
decisions NOTE: The premature invocation of a court’s
Must be in accordance with the manner intervention is fatal to one’s cause of action
prescribed by the statute. Or, if there is no Reasons:
provision, resort to the courts is necessary for 1. to enable the administrative superiors to
enforcement. correct the errors committed by their
subordinates.
Doctrine of FINALITY 2. courts should refrain from disturbing the
General Rule: Courts are reluctant to interfere findings of administrative bodies in
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with actions of an administrative agency prior to
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its completion or finality. Absent a final order or powers.
decision, power has not been fully and finally 3. courts should not be saddled with the
exercised, and there can usually be no review of administrative cases.
irreparable harm. 4. judicial review of administrative cases is
Exceptions: usually effected through special civil
1. Interlocutory order affecting the merits of actions which are available only if there is
a controversy; no other plain, speedy and adequate
2. Preserve status quo pending further remedy.
action by the administrative agency;
Page 87 of 125
Political Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Page 88 of 125