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1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASI-
legislative power only involves the discretion to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.
1. COMPLETENESS test. This means that the law must be complete in all its terms and
conditions when it leaves the legislature so that when it reaches the delegate, it will have
nothing to do but to enforce it.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the
limits of the delegate’s authority, announce the legislative policy and specify the
conditions under which it is to be implemented.
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.
Ex. Issuance of licenses to engage in a particular business.
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
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POLITICAL LAW (ADMINISTRATIVE LAW)
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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.
Ex. Power to appoint a receiver, power to issue injunctions
Prescribing of Rates
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.
No prior notice and hearing is required.
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
1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the administrative agency.
3
POLITICAL LAW (ADMINISTRATIVE LAW)
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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.
1. Jurisdiction
2. Due process
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
4
POLITICAL LAW (ADMINISTRATIVE LAW)
REVIEWER & MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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.
2. Reasons :
a. to enable the administrative superiors to correct the errors committed by
their subordinates.
b. courts should refrain from disturbing the findings of administrative. bodies in
deference to the doctrine of separation of powers.
c. courts should not be saddled with the review of administrative cases
d. 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