ADMINISTRATIVE LAW FINALS
regulations authorized, by making it a criminal offense
Rule Making Powers
Rule making - the agency process for formulating,
amending or repealing a law.
Administrative agencies are endowed with powers
legislative in nature or quasi-legislative and, in practical
effect, with the power to make law.
Essential legislative provisions may not be delegated to
administrative agencies. They are precluded from
legislating in the strict sense. What may be granted to
an administrative agency is rule-making power to
implement the law it is entrusted to enforce.
Power to make rules and regulations – the most
pervasive legislative power conferred upon
administrative agencies.
1. Impracticability of the lawmakers providing
general regulations for various and varying
details of management.
2. Done in order to adapt to the increasing
complexity of modern life and variety of public
functions. Specialization even in legislation has
become necessary
3. An administrative body may implement broad
policies laid down in a statute by filling in only
the details which the legislature may neither
have time nor competence to provide
Two conditions:
1. The statute is complete in itself, setting forth
the policy to be executed by the agency
2. Said statute fixes a standard, mapping out the
boundaries of the agency’s authority to which it
must conform.
Limitations on the Rule Making Power
1. It may not make rules and regulations which are
inconsistent with the provisions of the
Constitution or a statute, particularly the
statute it is administering or which created it
2. It may not, by its rules and regulations, amend,
alter, modify, extend, supplant, enlarge or
expand, restrict or limit the provisions or
coverage of the statute as this power belongs to
the legislature
3. A public administrative body may make only
such rules and regulations as are within the
limits of the powers granted to it or what is
found in the legislative enactment itself;
otherwise, they become void.
4. In case of discrepancy between the basic law
and a rule or regulation issued to implement
the law, the basic law prevails.
- It is a dorm of subordinate legislation which can
be issued only by virtue of statutory delegation
The statute must place specific sanctions behind the
to disobey them.
Administrative bodies have the authority to issue
administrative regulations which are penal in nature
where the delegating statute itself makes the violation
of the administrative regulations punishable and
provides for its penalty. The rules and regulations must
be published in the Official Gazette.
Administrative interpretation > Administrative rule
Requisites for the validity of administrative rules and
regulations:
1. The rules and regulations must have been
issued on the authority of law
2. They must not be contrary to law and the
Constitution
3. They must be promulgated in accordance with
the prescribed procedure
4. They must be reasonable
Grant of rule making powers:
1. By some legislative act
2. By implication from the powers expressly
granted – rules and regulations deemed
necessary to the due and efficient exercise of
the powers expressly granted
A liberal implementation of the rules and regulations of
an administrative agency is justified in cases where their
rigid enforcement will result in a deprivation of legal
rights.
Adjudicatory Powers
it is the power of an administrative agency to hear and
determine, or to ascertain facts and decide by the
application of rules to the ascertained facts.
Judicial power is the power to hear, try and determine
all sorts of cases at law and equity which are brought
before the courts. It is the power and authority to make
a final, rather than an initial determination of what the
law is and adjudicate the respective rights or liabilities
of the contending parties.
The function of the administrative agency is primarily
administrative and the power to hear and determine
controversies is granted as an incident to the
administrative duty. When the function is primarily to
decide questions of legal rights between private parties,
such is judicial.
Extent of Quasi-Judicial Powers
1. Jurisdiction limited because the need for special
competence and experience has been
recognized as essential in the resolution of
questions of complex or specialized character
1
 2. An admin agency may only exercise such as
defined in the enabling act of such agency. The
grant is never implied.
3. Split jurisdiction not favored because all
controversies relating to the subject matter
pertaining to its specialization are deemed to be
included within its jurisdiction.
4. It is the general policy of the courts to sustain
the decision of administrative authorities not
only because of the doctrine of separation of
powers but also for the presumed
knowledgeability and even expertise in the laws
they are entrusted to enforce.
Pure questions of law = courts get to decide
Pure questions of fact and technological experience =
administrative agencies
Distinguished from investigative power
Investigate – to observe or study closely, to inquire in
systematically. The purpose is to obtain information.
Adjudicate – settling, deciding or resolving a
controversy involving the facts inquired into by
application of the law to the facts established by the
inquiry.
Distinguished from rule making power
Judicial – investigates, declares and enforces liabilities
as they stand on present or past facts and under laws
supposed to exist. They affect or apply to specific
classes of persons or situations.
Rule making – looks to the future and changes existing
conditions by making a new rule to be applied. They
apply to unnamed and unspecified persons or situations
Separation of Administrative and other Powers
Executive – to execute the law
Judicial – to construe the law
Legislative – to make the law
*exclusive exercise of assigned powers (co-equal
branches)
Potestas delegate non potest delegari – what has been
delegated cannot be further delegated
Requisites for Delegation:
1. The completeness of the statute making the
delegation
2. The presence of a sufficient standard- there
must be adequate guidelines or limitations in
the law to map out boundaries of the delegated
authority and prevent the delegation from
running riot.
 Necessary in the interest of law and order
 Necessary or advisable in the public interest
 To promote simplicity, economy and efficiency
ADMINISTRATIVE PROCEEDINGS
1. Adversary in nature – every proceeding is
adversary in substance if it may result in an
order in favor of one person against another in
protecting public interests.
2. Civil, not criminal in nature
3. Some administrative proceedings are neither
preventive nor compensatory, but are
preventive and remedial to implement a public
policy.
Jurisdiction – the power and authority given by law to
hear and decide a case. (jurisdiction over the person
and jurisdiction over the subject matter)
1. Jurisdiction is essential to give validity to the
determinations of administrative agencies.
2. An administrative tribunal only has such
jurisdiction and power as are expressly or by be
necessary implications conferred upon it by law.
Deviations from an agency’s statutorily established
sphere of action cannot be upheld because it is based
upon agreement, contract, or consent of the parties;
nor can they be made effective by waiver or estoppel.
Under the doctrine of primary jurisdiction, the case is
such that its determination requires the expertise,
specialized skills and knowledge of the proper
administrative bodies because technical matters or
intricate questions of acts are involved, then relief must
first be obtained in an administrative proceeding before
a remedy will be supplied by the courts even though the
matter is within the proper jurisdiction of a court.
Procedure to be followed:
Administrative procedure – the procedure for
performing purely executive or ministerial functions
1. Statute/ rules
2. Reasonable method – technical rules of
procedure and evidence are not binding. The
important consideration is that both parties
were afforded an opportunity to be heard and
they availed themselves of it to present their
respective positions on the matter in dispute.
3. Informal methods of adjudication – they may
not be so informal as to amount to the denial of
the right to a hearing.
Controversies among government agencies
1. If involving questions of law – settled by the
Secretary of Justice as attorney-general of the
national government and as ex-officio legal
adviser of all government owned or controlled
corporations
2. If involving questions of fact and law – settled
by the Solicitor General if the dispute only
involves departments; settled by the Secretary
of Justice if otherwise