Professional Documents
Culture Documents
Powers of Administrative Agencies: Tests of Delegation (Applies To The Power To Promulgate Administrative Regulations)
Powers of Administrative Agencies: Tests of Delegation (Applies To The Power To Promulgate Administrative Regulations)
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 workmen’s 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.
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)
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.
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 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
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.