D MI N I STR A TI V E

C O N TR O L O F A
ACTION

MINI S TR A TI VE LA W
AD
CONTROL

•The power to change, alter or modify.

•The doctrine of separation of powers is
applied to the degree of control of the 3
branches of the government.
 THE D OC TR IN E O F
SEPARATIO N O F P OW E RS
•The doctrine of separation of powers is
fundamental to a democratic
governmentnto avoid absolutism.
 (Executive)
-When under the control of
the President, it cannot be
withdrawn or limited by the
legislature.

Administrative Agency
(Judiciary)
-Courts of justice cannot be deprived of their
inherent power to decide all questions of law
(Legislative)
-When the President is challenged before the
- Agent of law-making body and
courts of justice, it is not to be implied therefrom
hence bound to implement the
that the Executive is inferior to the courts but
legislative will (law).
because the law is above. No one is above the
law, even the President himself.
PRINCIPLES OF SEPARATION OF
POWERS
• The doctrine provides, in part, that the persons
entrusted with power in any one of the branches of
government are not permitted to interfere with the
powers confided to others.
Separation of powers doctrine may be violated in
two ways:

• When one branch prevents or interferes with another

branch’s fulfillment of its constitutionally assigned
function; or

• When one branch assumes power which is

constitutionally allocated to another branch.
 DELEGATI ON OF POW E R

p o tes t d el eg a ri
t a P otes ta s no n
D el eg a
"NO DELEGATED POWERS CAN BE
FURTHER DELEGATED.“
"ONE TO WHOM POWER IS DELEGATED CANNOT
HIMSELF FURTHER DELEGATE THAT POWER"
 SUBORDINATE LEGISLATION SHOULD BE
WITHIN THE BOUNDS OF THE LAW
• Administrative agencies are now granted the power to
formulate rules and regulations, which have the effect
of law. What were once in the realm of the legislature
are now, in practice and as upheld by jurisprudence,
delegated to the executive.
TEST OF VALID DELEGATION

•Completeness- answers all the “Whats)

•Sufficient Standards- (need to be
specified, not vague)
e.g. Cybercrime Law complete (formulate
plan) and has standards (law or order)
 PO W ER S O F
AD M IN IST R A T I V E
AGENCIES
JU D IC IA L A ND IN V ESTIGA TIVE
I-
QUASI-LEGISLATIVE, QUAS POWER
Please know that. .

• AAs possess delegated, not inherent, powers.

• Liberal and not strict, interpretation of powers.
• AAs cannot prohibit what law does not
prohibit.
Quasi-legislative power
(Rule-making)

• Power to issue rules (“How” and not “What”) a law

may be implemented.

• It is the power to make rules and regulations which

results in delegated legislation that within the confines
of the granting statute and the doctrine of non-
delegability and separability of powers. (Commissioner of
Internal Revenue v. Court of Appeals)
RULE-MAKING EFFECTS

• Force and effect of law

• Presumed legal and constitutional
• Operative effect
• Subject to Judicial Review
• Subject to repeal and amendments
• Prospective Application
The degree of separation, e.g.

Policy Making Congress (Legislative)

Administrative Agency
(quasi-legislative)

The authority of administrative agencies

granted quasi-legislative power is limited to
adopting rules necessary to implement the
policy, within the limits provided by the law, no
matter how broadly worded the grant may
seem.
The degree of separation, e.g.
Congress (Legislative)

National Internal Revenue

Code (Tax Code)
Bureau of Internal Revenue
(Quasi-legislature)

BIR has the following quasi-legislature powers:

-To promulgate rules;
-Enforce procedural matters;
-Can assign another agency to carry out the
mandates of the Code.
 On what grounds?
National Internal Revenue Code
(Tax Code)
“SEC. 33. Special Treatment of FringBenefit.”

“(C) Fringe Benefits Not Taxable. -- The e following fringe benefits are not
taxable under this Section: x x x.”

“(4) De minimis benefits as defined in the rules and regulations to be

promulgated by the Secretary of Finance, upon recommendation of the
Commissioner.”

“The Secretary of Finance is hereby authorized to promulgate, upon

recommendation of the Commissioner, such rules and regulations as are
necessary to carry out efficiently and fairly the provisions of this Section,
taking into account the peculiar nature and special need of the trade,
business or profession of the employer.”
• The rules and regulations that administrative agencies
promulgate, which are the products of a delegated
legislative power to create new and additional legal
provisions that have the effect of law, should be within
the scope of the statutory authority granted by the
legislative to the administrative agency.
WHAT IS QUASI-JUDICIAL
FUNCTION AND QUASI-JUDICIAL
BODY?
Quasi-judicial power
(Adjudication)

• Power of the administrative authorities to make

determinations of facts in the performance of their
official duties and to apply the law as they construe it
to the fact so found.

• The exercise of this power is only incidental to their

main function, which is the enforcement of law.
DETERMINATIVE POWERS

1.