Powers and Functions Of The Administrative Agencies
POWER FUNCTION
Definition: Definition:
It refers to one's ability to influence the Refers to what one is obligated to accomplish
behavior of others. It's also about having the or what one's business is.
power to influence decision.
SOURCES OF POWER
Some administrative agencies are established and enabled by a constitutional provision, while
others derive their authority from statutes.
SCOPE OF POWERS
Express and Implied
Inherent Powers
powers
Is measured and limited by Administrative agencies
the Constitution or law generally have no inherent
creating them or granting powers.
them powers.
Administrative authorities do
not have the inherent capacity
to penalize for contempt in
the absence of any provision
or law.
NATURE OF POWERS
Powers within their
Jurisdiction limited
jurisdiction broad.
Administrative personnel and Within their jurisdiction and
agencies, in general, have a sectors, administrative
unique and limited scope of entities have had extensive
authority. They have and unrestricted powers. A
restricted jurisdiction or court may intervene only
strictly constitutional or where such power and
Quasi-Judicial Powers
Administrative officers
cannot simply take official
powers, and courts cannot
create them in the legitimate
execution of their judicial
tasks.
Agencies do not have quasi-
judicial powers unless they
are expressly given them.
Administrative authorities'
jurisdiction is solely
dependent on the terms of the
statute that vests power in
them; they cannot confer it on
themselves.
Powers subject to the
Constitution, applicable law,
or administrative regulation.
The presumption of
constitutionality and legality
to which statutes and
administrative legislation are
entitled must be respected by
government agencies.
statutory authorities, and they authority have been clearly
can only exercise the rights misused.
and authority that have been
specifically granted to them.

WHAT CONSTITUTES ADMINISTRATIVE POWER OR ADMINISTRATIVE

FUNCTION
Powers not explicitly legislative, executive, Powers involve exercise of judgment and
and judicial. discretion.
An administrative power has been said to be Quasi-judicial entities must avoid being so
any power not explicitly allocated in the dogmatic in their functions and rulings that
Constitution, although in its nature, they limit themselves to literal interpretations
legislative, executive or judicial. of words, phrases, and sentences. To make a
reasonable and equitable decision, one must
use a comprehensive and holistic approach.

POWERS OF ADMINISTRATIVE AGENCIES

As to Nature As to degree of subjective choice
a. Investigatory a. Discretionary
b. Quasi-legislative or rule-making - People that use it have the option
powers and of choosing which path to take.
c. Quasi-judicial or adjudicatory powers. b. Ministerial Duty
- A basic, definite legal obligation
that arises from conditions that are
admitted or proven to exist.

INVESTIGATORY POWERS
Scope: It includes an administrative body's ability to inspect records and premises, as well as
investigate the activities of persons or entities falling under its jurisdiction, or to secure, or to
require the disclosure of information through accounts, records, reports, statements, witness
testimony, document production, or other means.
As distinguished from
As sole powers granted As aid to other powers
judicial functions
Some administrative entities Others have investigative or It does not exercise judicial
are purely investigative or inquisitorial powers as a functions and its power is
advisory in nature. supplement to the authorities limited to investigating the
they already have, and facts and making findings in
agencies have used these respect thereto.
investigative powers to learn
more about specific situations
and decide whether or not to
take further action.
 SCOPE AND EXTENT OF POWERS
Initiation of investigation Conduct of investigation Inspection and examination
An administrative agency or Investigations are normally Investigatory powers granted
official may initiate an conducted in private and may on administrative authorities
investigation on a complaint be done so legally. It must be include the ability to access
or on its own motion carried out in such a way that premises and inspect or
damaging publicity is not investigate such premises,
exploited in place of legal goods, or operations for
punishments. certain purposes.
Requirements as to accounts, records, reports, or statements
- Regulatory bodies have been given power to prescribe forms and methods of
accounts, records, and memoranda for business under their control, and power to
require the filing of reports or statements, or answers to specific questions.
Requiring attendance of witnesses, giving of testimony, and production of evidence
- Although admin officers do not have inherent powers to require the attendance of
the witnesses, put them under oath and require them to testify.
Hearing
- Generally, hearing is not a necessary part of an investigation by an administrative
agency or official. A requirement that there be an investigation carries with it no
command that a quasi-judicial hearing be conducted.
Contempt proceedings
- Persons failing to attend, give testimony, and produce records at an investigative
proceeding may be punished for contempt.

RIGHT TO COUNSEL IN ADMINISTRATIVE INVESTIGATIONS

Exclusionary rule in custodial investigation
Hearing not part of criminal prosecution
not applicable
Regardless of the nature of the charges or the The right to counsel under Section 12(1) of
respondent's capacity to represent himself, a the Bill of Rights of the Constitution is meant
party in an administrative inquiry may or may to protect a suspect in a criminal case under
not be helped by counsel, and it is the custodial investigation.
responsibility of such body to provide counsel
to the individual being probed. Custodial investigation is the stage where the
police investigation is no longer a general
inquiry into an unsolved crime but has begun
to focus on a particular suspect who had been
taken into custody by the police to carry out a
process of interrogation that lends itself to
elicit incriminating statements.
Importance of administrative investigations
- An administrative agency may be authorized to make investigations not only on
proceedings of a legislative and judicial nature but also in proceedings, the sole
purpose of which is to obtain information upon which future action must be taken.

RULE-MAKING POWERS
NATURE NECESSITY CONDITIONS
Administrative agencies do It is the most extensive General Rule:
not have legislative legislative authority granted to Nondelegation of
authority, but they do have administrative entities. The need legislative power
quasi-legislative rule- to provide them this power has
making authority. An been recognized as a result of The statutory grant of rule-
administrative agency may lawmakers' inability to provide making power to
be given rule-making broad legislation for varied and administrative agencies is a
authority in order to carry varying elements of valid exception, provided
out the law that it is management. two conditions concur:
responsible for enforcing. a. The statute is
complete in itself,
setting forth the
policy to be executed
by the agency; and
b. Said statute fixes a
standard, mapping
out the boundaries of
the agency’s
authority to which it
must conform.
BINDING FORCE AND PROSPECTIVE/RETROACT LIMITATIONS ON THE
EFFECT IVE APPLICATION RULE-MAKING POWER
A lawful rule or regulation Unless the legislative intent to - It may not make rules and
established by an the contrary is manifested either regulations that are in
administrative agency has by stated words of the statute or conflict with the
the power and effect of law by necessary implication, a Constitution or a statute,
and is binding on the statute only operates particularly the statute it is
agency as well as all those prospectively and not administering or that
who deal with it. retroactively, according to a formed it, or that are in
well-established concept. derogation of or defeat the
statute's objective.
- It cannot amend, alter,
modify, substitute, enlarge
or expand, restrict or limit
the terms or coverage of
the act by its rules and
regulations because this
power belongs to the
 legislature. Administrative
officials' authority to
promulgate rules in the
implementation of a
statute must be specified
and constrained by the
legislative enactment
providing the authority.
- There is no dispute that in
case of discrepancy
between the basic law and
a rule or regulation issued
to implement said law, the
basic law prevails because
said rule or regulation
cannot go beyond the
terms and provisions of
the basic law.
- A rule or regulation should
be consistent in its
application, reasonable,
and not discriminatory or
unfair.

KINDS OF RULE-MAKING POWERS/RULES AND REGULATIONS

Rule-making powers: Rules and regulations of administrative agencies are of different
classes.
Supplementary or detailed Interpretative legislation or Contingent legislation or
legislation or rule rule determination
Making due to a specific Making decisions based on Whether a statute shall take
grant of authority the structure and effect under delegated
interpretation of a statute that authority.
is being enforced
Administrative Rules: Administrative rules and regulations can be discretionary, legislative,
interpretative, and conditional.

LEGISLATIVE RULES AND REGULATIONS

A form of subordinate legislation Characteristics
Can be issued only in virtue of statutory a. The statute has delegated power to the
regulation. agency to adopt the rule
b. It provides that the rule shall, if within
the delegated power, have
authoritative force.
 INTERPRETATIVE RULES AND REGULATIONS
Resemble Judicial Adjudication Entitled to great weight and respect
They are individuals who claim to do nothing Administrative rules and regulations made by
more than interpret the statute in question and administrative authorities to interpret the
explain what it implies. legislation they are charged with enforcing
have legal effect and are entitled to significant
weight and respect.

CONTINGENT RULES AND REGULATION

It may delegate a power not legislative which Because it frequently includes judgment, if
it may itself rightfully exercise. not discretion, the finding by an
administrative authority of the existence of
conditions stipulated in the statute under
which its provisions shall become operational
falls under the heading of rulemaking.

REQUISITES FOR VALIDITY OF ADMINISTRATIVE RULES AND

REGULATIONS
a. The rules and regulations must have been issued on the authority of law;
b. They must not be contrary to law and the Constitution;
c. They must be promulgated in accordance with the prescribed procedure.

CONSISTENCY WITH LAW AND THE CONSTITUTION

If the basic law and the implementing rule or regulation conflict, the underlying law takes
precedence.
They must be within the extent and range of They must be limited to the specifics of how
the administrative agency's statutory authority the law will be implemented.
granted by the legislation.

INTERNAL RULES AND REGULATIONS

Object Nature
Such laws and regulations establish no ties They are administrative in nature and do not
between the officials who issue them and extend beyond the department or agency to
those who receive them. Such orders, whether whom they are directed or published, and
executive or departmental, have as their sole hence do not confer rights on third parties.
purpose the efficient and cost-effective They are founded on, and are the result of, a
administration of the department or agency to relationship in which power is the source of
which they were given in line with the authority and obedience is the goal of
applicable law. submission.
 PENAL RULES AND REGULATIONS
Requisites for validity Nature of power to prescribe penalties
a. The law which authorizes the The rule is that the lawmaking body cannot
promulgation of rules and regulations delegate the authority to designate what
must itself provide for the imposition activities constitute a criminal crime and how
of a penalty for their violation; they will be punished to an administrative
b. It must fix or define such penalty; agency or official. Penalties are a function of
c. The violation for which the rules and the legislature. However, Congress may
regulations impose a penalty must be legitimately provide for the imposition of a
punishable or made a crime under the punishment for violations of rules and
law itself; and regulations that it has authorized
d. The rules and regulations must be administrative powers to create in the
published in the Official Gazette. legislation itself.

ADJUDICATORY POWERS
Involve specific parties
These phrases are used to
distinguish powers and functions
that entail administrative
agencies deciding or determining
the rights, duties, and obligations
of specific individuals and
persons, as opposed to
administrative agencies' powers.
Involve judicial function
exercised by a person
other than a judge
Although the terms "quasi-
judicial" and "adjudicatory"
are interchangeable when
discussing the activities of
an administrative agency,
not all decisions made by an
administrative agency are
judicial or quasi-judicial in
character. One or the other
is used to describe a power
or duty that is judicial in
nature but is carried out by
someone other than a judge.
Involve exercise of
judicial power
conveniently styled
"quasi-judicial.
The terms "quasi-judicial"
and "judicial in nature" are
used to describe the nature
of certain processes or
authorities that must be
accompanied by certain
formalities and safeguards
common to the judicial
process.

EXTENT OF JUDICIAL OR QUASI-JUDICIAL POWERS OF ADMINISTRATIVE

AGENCIES
Extent of powers depends Split jurisdiction not
Jurisdiction Limited
largely on enabling act favored
Limited delegation of judicial In general, an administrative When an administrative
or quasi-judicial authority to agency's enabling legislation organization or agency is
administrative authorities is specifies the scope of its given quasi-judicial powers,
well-known in our judicial or quasi-judicial any issues involving the
jurisdiction, owing to the powers. subject matter of its specialty
recognition that unique ability are presumed to fall under its
and experience are required jurisdiction. It is not a good
in the settlement of difficult
or specialized issues.
Grant of particular power must be found
in the law itself
When there is nothing in the law to suggest
that a certain authority, such as the ability to
resolve contractual disputes, that power
cannot be utilized. Except for constitutional
officials whose authority to act may be traced
back to the fundamental legislation.
idea to have two separate
jurisdictions.
General policy to uphold exercise
The courts' general policy is to uphold
administrative decisions not only because of
the idea of separation of powers, but also
because of their presumed competence and
experience in the laws they are tasked to
enforce.

CLASSIFICATION OF ADJUDICATORY POWERS

Enabling Powers Directing Powers Dispensing Powers
Usually characterized by the Are illustrated by the They are demonstrated by the
grant or denial of permit of corrective powers of public authority to exempt from or
authorization. The chief utility commissions, powers relax a general prohibition, or
application of this power is in of assessment under the authority to relieve from an
the granting or denial of revenue laws, reparations affirmative duty.
licenses to engage in a under public utility laws, and
particular business or awards under workmen’s
occupation. compensation laws, and
powers of abstract
determination such as
definition-valuation,
classification and fact
finding.
Summary Powers Equitable Powers
Is used to designate administrative power to An administrative tribunal having power to
apply compulsion or force against person or determine the law upon a particular state of
property to effectuate a legal purpose without facts has the right to, and must, consider and
a judicial warrant to authorize such action. make proper application of the rules of equity.