LEGISLATIVE DEPARTMENT an exercise of the power of legislation which is not

allowed by the Constitution.

A. Legislative power
1. Scope and Limitations 3. The 2013 PDAF deprives the president of the
exercise of his prerogative of item-veto, impairs the
POWERS OF THE LEGISLTAIVE DEPARTMENT: system of checks and balances.

1. General or plenary power 4. Post enactment measure dilute Congressional

2. Power of Appropriation oversight.
3. Power of Taxation
4. Power of Legislative Investigation 5. Insofar as individual legislators are authorized to
5. Question Hour intervene in purely local matter and thereby subvert
6. War Powers genuine local autonomy.
7. Power to Act as Board of Canvassers in Election
of the President Power of Legislative Investigation
8. Power to call a Special Election for President
and Vice-President Scope: The power of Congress to conduct inquiries in
9. Power to judge the President’s physical fitness aid of legislation encompasses everything that concerns
to discharge the functions of presidency the following:
10. Power to revoke or extend the suspension of the a. administration of existing laws
privilege of the writ of habeas corpus or b. as well as proposed or possibly needed statutes
declaration of martial law c. it even extends to government agencies created
11. Power to concur in Presidential amnesties by Congress and officers whose positions are
12. Power to concur in treaties or international within the power of Congress to regulate or
agreements. abolish
13. Power to confirm certain
appointment/nominations made by the President *The power of legislative inquiry must carry with it all
14. Power of Impeachment powers necessary and proper for its effective discharge.
15. Power relative to natural resources
16. Power to propose amendments to the Limitations:
Constitution. a. it must be in aid of legislation

Power of appropriation When the issue called for legislative inquiry is

already in the jurisdiction of the courts, such
REASONS FOR UNCONSTITUTIONALITY OF THE legislative inquiry may only pose conflicting
CONGRESSIONAL PORK BARREL IN THE 2013 decisions of the judiciary and may preempt each
PDAF ARTICLE: other.

1. It violates the principle of separation of powers.
It allows the legislators to wield any form of post-
enactment authority in the implementation and
enforcement of the budget, such as project identification,
fund release, and fund realignment, unrelated to
congressional oversight, violates the principle of
separation of powers.
2. Violates the principle of non-delegability of
legislative power.
Mere filing of criminal or administrative complaint
will not bar a legislative investigation.
b. In accordance with duly published rules of
procedure
The Senate of every Congress is required to publish
its Rules of Procedure because every Senate is
distinct from the one before it and after it. Failure to
publish its Rules of Procedure will render the
hearing in aid of legislation procedurally infirm.

The individual legislator is able to dictate: a) how much c. Rights of persons appearing in, or affected by
from such fund would go to 2) a specific project or such, inquiry shall be respected.
beneficiary that they themselves also determine. This is
 The right of the people to access information on
matters of public concern generally prevails over the
right to privacy of ordinary financial transactions.
Right to self-incrimination does not extend to
persons subject to legislative inquiries. Right to self-
incrimination only extend to all proceedings
sanctioned by law; and to all cases in which
punishment is sought to be visited upon a witness,
whether a party or not.
Power to punish contempt.
This power can be invoked by the legislative body as a
means to preserve its authority and dignity.
This power is independent from contempt powers of the
judiciary.
Question Hour
Power to conduct inquiries in aid of legislation is
different from the power to conduct question hour.
Power to conduct legislative inquiry: The aim is to
obtain information in aid of legislation. This is
mandatory and department heads may be compelled to
appear even without obtaining consent from the
President unless a valid claim of privilege is
subsequently made either by the President or the
Executive Secretary acting as President.
Question Hour: To obtain information pursuant to
Congress’ oversight function. It includes information as
to how the department heads are implementing the
statutes. Their appearance requires the consent of the
President.
ADMINISTRATIVE LAW
POWERS OF ADMINISTRATIVE BODIES
1. Quasi-legislative power
2. Quasi-judicial
3. Determinative:
QUASI-LEGISLATIVE
Requisites for its validity:
1. Issued under the authority of law.
2. It must be within the scope and purview of the
law.
There must be a valid law which delegates
legislative power to the administrative authority.
3. It must be reasonable
4. Publication in the Official Gazette of the
Philippines or in a newspaper of general
circulation.
The following need not be published:
a. Interpretative rules and regulations
b. Letters of instruction
c. Those which are internal in nature
Additional requirements for penal sanctions:
a. The law itself must declare as punishable the
violation of the rule or regulation
b. The law should define and fix the penalty for the
violation of the administrative rule or regulation.
CLASSIFICATIONS OF ADMINISTRATIVE
REGULATIONS
Legislative rules are in the nature of subordinate
legislation and designed to implement a primary
legislation by providing the details thereof.
Interpretative rules are intended to interpret, clarify or
explain existing statutory regulations under which the
administrative body operates.
Contingent rules are those issued by an administrative
authority based on the existence of certain facts or things
upon which the enforcement of the law depends.
REQUIREMENT OF HEARING AND NOTICE.
Hearing and notice is required if:
1. The administrative agency’s function is quasi-
judicial in character that applies exclusively to a
party.
2. It increases the burden of those governed.
3. It is a subordinate legislation designed to
implement a law by providing its details.
NOT REQUIRED if:
1. If the agency exercises a quasi-legislative
authority
2. Interpretative rules.
NOTE:
A Petition for prohibition is not a proper remedy to
assail an IRR because it is an exercise of quasi-
legislative authority.
Petition for prohibition is directed to tribunal,
corporation, board, officer, or person exercising judicial,
quasi-judicial, or ministerial functions.
DETERMINATIVE POWER
KINDS:
1. Enabling - to permit or allow something which
the law undertakes to regulate (ie. Grant of
licenses)
2. Directing – Illustrated by the power of
assessment of the BIR or the Bureau of Customs
3. Dispensing – to exempt from a general
prohibition, or relieve an individual or
corporation from an affirmative duty.
4. Examining – also called the investigatory power,
or the inquisitorial power, consists in requiring
the production of books, papers, etc., the
attendance of witnesses and compelling their
testimony.
NOTE:
Administrative bodies has the power to PUNISH
FOR CONTEMPT. Requirements:
1. It must be expressly granted
2. Admin is actually performing quasi-judicial
functions
5. Summary – Power to apply compulsion or force
against persons or property in order to effectuate
a legal purpose without judicial warrant to
authorize such action.
QUASI-JUDICIAL OR ADJUDICATORY POWER
- Administrative bodies may promulgate its own
rules of procedure provided it does not modify,
diminish or increase substantive rights.
- The requisites of procedural due process must be
complied with:
a. Right to a hearing
b. Tribunal must consider the evidences
presented
c. Decision must have something to support
itself
d. Evidence must be substantial
e. Edcision must be based on the evidence
adduced at the time of the hearing, or atleast
contained in the record and disclosed to the
parties
f. The board or judges must act on its
independent consideration of the facts and
the law of the case, and not simply accept
the views of a subordinate in arriving at a
decision.
g. Decision must be rendered in such a manner
that the parties to the controversy can know
the various issues and the reasons of the
decision rendered.
- Administrative proceedings does not necessarily
require the assistance of counsel
- Notice and opportunity to be heard are the
minimum requirements as basic elements of due
process.
NOTICE
- Absence of previous notice does not constitute a
violation of due process. What is important is
that the parties are given the opportunity to be
heard.
o The essence of due process is simply an
opportunity to be heard or, as applied in
administrative proceedings, an
opportunity to seek reconsideration of
the action or ruling accompanied of, or
an opportunity to explain one’s side.
What is required is substantial evidence.
- If an administrative body is authorized by law to
initiate administrative proceedings motu proprio,
no written complaint against the petitioner is
necessary.
ADMINISTRATIVE DETERMINATIONS WHERE
NOTICE AND HEARING ARE NOT NECESSARY
FOR DUE PROCESS
a. Grant of provisional authority for increased
rates, or to engage in a particular line of business
b. Cancellation of passport where no abuse of
discretion is committed by the Secretary of
Foreign Affairs.
c. Summary proceedings of distraint and levy upon
the property of delinquent taxpayer
d. Summary abatement of nuisance per se which
affects the immediate safety of persons or
property
 e. Preventive suspension of a public officer or
employee pending investigation of
administrative charges filed against him.

RIGHT AGAINST SELF-INCRIMINATION

- This right may be invoked by the respondent at
the time he is called by the complainant as a
witness; however, if he voluntarily takes the
witness stand, he may be cross-examined; but he
may still invoke the right at the time the
question which calls for an answer which
incriminates him of an offense other than that
which is charged is asked.

POWER TO PUNISH FOR CONTEMPT

- Is inherently judicial
- May be exercised only:
o If expressly conferred by law
o When administrative body is engaged in
the performance of its quasi-jduicial
function.

Administrative decisions ARE NOT PART of the legal

system.

ADMINISTRATIVE APPEAL AND REVIEW

1. When provided by law – appeal may be made to

a higher or superiror administrative officer or
body
2. By virtue of power of control by the President or
through the Department Secretaries as his alter
ego.

DOCTRINE OF RES JUDICATA

- Decisions and orders of admin agencies has the
force and binding effect of a final judgment.
- Administrative decision attains finality.

Exception:

Administrative proceedings involving citizenship will

only be final when the following conditions are met:
a. The question of citizenship