LEONA C.
SANTIAGO
BSPA 3-2
Introduction to Law and
Jurisprudence
Lecture no. 2
Classification of the powers
administrative agencies
As to nature
1. Investigatory Powers
2. Quasi-legislative Powers or rule-making
power
3. Quasi-judicial Powers or adjudicatory
power
INVESTIGATORY POWER
Investigatory or inquisitorial powers
include the power to inspect the records and
vicinity, investigate the activities of persons
or entities within its jurisdiction, to secure or
require the disclosure of information by
means of accounts, records, reports,
statements, testimony of witnesses,
production of documents or otherwise.
Their power to investigate, initiate
actions and control the range of
investigation sets them apart from the court
(De Leon, 2005 citing Secretary of Justice
vs. Lantion, 322 SCRA 160, 2000)
The power of investigation consists
in gathering, organizing and analyzing
evidence, which is a useful aid or tool in an
administrative agency’s performance of its
rule making or adjudicatory functions (De
Leon, 2005)
Jurisprudence
Catura vs. Court of Industrial Relation
(CIR), 37 SCRA 303, 1971
Held:
The power to investigate, to be
conscientious and rational at the very least,
requires an inquiry into existing facts and
conditions. The document required to be
produced constitutes evidence of the most
of
solid character as to whether or not there
was a failure to comply with the mandates of
the law It is not for this court to whittle
down the authority conferred on
administrative agencies to ensure the
effective administration of a statute. The
matter was properly within its cognizance
and means necessary to give force and
effectiveness should be deemed implied
unless the power sought to be exercised is so
arbitrary as to trench upon private rights.
Evangelista vs. Jarencio , 69 SCRA
99, 1975 Administrative agencies may
enforce subpoenas issued in the course of
the investigation, whether or not
adjudication is involved, and whether or not
probable cause is shown and even before the
issuance of complaint It is enough that the
investigation be for a lawfully authorized
purpose Xxxxx, because judicial power is
reluctant if not unable to summon evidence
until it is shown to be relevant in issues or
litigation, it does not follow that an
administrative agency charged with seeing
that the laws are enforced may not have and
exercise powers of the original inquiry.
Investigation may be required from
administrative agencies to obtain
information for future reference or to aid
legislators to arrive at a palatable legislation.
Attendance of witnesses may also be
requested to give credence on a particular
point Inquiries into illegal activities may be
called upon for proper rectification and to
report findings to appropriate bodies which
LEONA C. SANTIAGO
BSPA 3-2
would form part or basis for
recommendations.
RULE-MAKING POWER
If we would go back to previous pages, the
power to make legislation belongs to
congress however certain permissible
limitations are allowed to other bodies, one
of which is that reserved to administrative
agencies.
Quasi-legislative powers or the
power to make rules and regulations are not
intended to usurped the power of the
legislative but merely to lay down the details
for legislative enactment for its proper
policy implementation The fact that it is
called quasi-legislative function is a clear
indication that administrative bodies could
not create or enact laws at their own
discretion Their function is merely based on
the objective or purpose of their creation
which should be well defined Their
rulemaking should be based on carrying out
what the law says
There are safety measures, though,
that may form a guarantee that no overuse of
their (Administrative agency) rule-making
power may be made The principle of non-
delegation of power excuses those agencies
and permits them to act within the bounds of
their authority as mandated by law.
What is the doctrine of “Potestas Delegata
non Delegari Potest”
The doctrine of non-delegation of
powers is based on the maxim potestas
delegate non potest deligari (What has been
delegated cannot in turn be delegated) The
doctrine rests on the ethical principle that a
delegated power constitutes not only a right
but a duty to be performed by the delegate
by the instrumentality of his own judgment
and not through the intervening mind of
another (De Leon, 2005).
The general rule against delegation
of legislative power is that Congress may
not delegate to administrative agencies the
legislative power vested in it except when
authorize by the Constitution (De Leon,
2005). The power to whose judgment,
wisdom, and patriotism this high prerogative
has been entrusted cannot relieve itself of
the responsibility by choosing other
agencies upon which the power shall be
devolved, nor can it substitute the judgment,
wisdom, and patriotism of any other body
for those to which alone the people have
seen to fit confide this sovereign trust (U.S.
v. Barrias, 11 Phil, 327, 1908).
What are the requisites for permissible
delegation?
The completeness of the statute making the
delegation (Completeness Test), The
legislative enactment is complete and all that
should be done is to implement it.
Presence of a sufficient standard (Sufficient
Standard Test). The legislative enactment
mapped out the boundaries and there is a
sufficient standard guiding the delegate in
the exercise of the said authority (Eastern
Shipping Lines, Inc. v. POEA, 166 SCRA
533, 1988).
ADJUDICATORY POWER
By this power, administrative authorities are
enabled to interpret and apply not only
implementing rules and regulations
promulgated by them but also the laws
entrusted to their administration (De Leon,
2005). This delegation of power is done
because of the varied the expertise of
agencies which is commonly not expected
from any judicial body.
LEONA C. SANTIAGO
BSPA 3-2

JURISPRUDENCE
Antipolo Realty Corp v National Housing Their dichotomy is very much alive in the
Authority, 153 SCRA 399, 1987) political literature available, however,
certain actions which allow co-existence
The courts cannot and will not determine a
between these giants are evident in our
controversy involving a question that is
society, enunciating the permissible
within the jurisdiction of an administrative
doctrines of check and balance and blending
tribunal where the question demands the
of powers.
exercise of sound administrative discretion
requiring special knowledge, experience, The Philippine Constitution grants certain
and services of the administrative tribunal to provision that assails relationship by either
determine technical and intricate matters of branch, the purpose of which is to facilitate
fact a more pragmatic solution that is a concern
of both. The classic example is the law-
The Executive, Legislative, and Judiciary
making process, wherein both the legislative
are considered independent and co-equal
and executive should come to terms before a
ideally so that they may work well within
law may be legally implemented.
the scope of their own jurisdiction not
threatened to be muddled by the other, and
in any way should be free from influence,
interference, intimidation, and control.