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Powers of Administrative Agencies

1. Quasi-legislative power / Power of subordinate legislation

2. Quasi-judicial power/Power of adjudication

3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers)

Definition of “Quasi-legislative power”

It is the authority delegated by the law-making body to the administrative body to adopt rules
and regulations intended to carry out the provisions of a law and implement legislative policy.

Distinctions between Quasi-legislative power and legislative power

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

2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be

Tests of Delegation (applies to the power to promulgate administrative regulations )

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.

Requirement of Publication

Administrative Regulations that MUST be published:

1. Administrative regulations of GENERAL application.

2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

1. Interpretative regulations

2. Reasonable opportunity to appear and defend his rights and to introduce witnesses 3. Right to Notice. Due process Administrative Due Process : Requirements 1. be it actual or constructive 2. Impartial tribunal with competent jurisdiction 4. Summary abatement of a nuisance per se 5. Tuvera) Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. Finding or decision supported by substantial evidence Exceptions to the Notice and Hearing Requirement 1. Tentativeness of the administrative action 3. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates. 3. Preventive suspension of a public servant facing administrative charges 6. Cancellation of a passport of a person sought for criminal prosecution . The law itself must impose and specify the penalty for the violation of the regulation. 2. (Tanada v. Urgency of immediate action 2. The law itself must make violation of the administrative regulation punishable. Jurisdiction 2. Internal rules and regulations governing the personnel of the administrative agency. The regulation must be published. Padlocking of filthy restaurants/theaters showing obscene movies 7. Requisites for Proper Exercise of Quasi-Judicial Power 1. Right was previously offered but not claimed 4. 1.

and experience. 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. 2. EXCEPTIONS: Interlocutory order affecting the merits of a controversy. expertise. the reason being that absent a final order or decision. 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. Preserve status quo pending further action by the administrative agency. 8. Order made in excess of power Doctrine of Primary Jurisdiction 1. Essential to the protection of the rights asserted from the injury threatened. the courts ordinarily accord respect if not finality to factual findings of administrative tribunals. 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. specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved. 2. and there can usually be no irreparable harm. Doctrine of Finality Courts are reluctant to interfere with action of an administrative agency prior to its completion or finality. Replacement of a temporary or acting appointee Questions Reviewable on Judicial Review: 1. power has not been fully and finally exercised. Summary distraint and levy of properties of a delinquent taxpayer 9. Question of LAW Administrative decision may be appealed to the courts independently of legislative permission. Officer assumes to act in violation of the Constitution and other laws. By reason of their special knowledge. Order not reviewable in any other way. This doctrine states that courts cannot or will not determine a controversy which requires the expertise. .

when act complained of is patently illegal d. judicial review of administrative cases is usually effected through special civil actions which are available only if their is no other plain. Note: The doctrines of primary jurisdiction and prior resort have been considered to be interchangeable. involves constitutional questions b. to enable the administrative superiors to correct the errors committed by their subordinates. courts should refrain from disturbing the findings of administrative. Reasons : 1. when the administrative body is in estopped c. speedy and adequate remedy. when irreparable damage is involved g. speedy .Doctrine of Prior Resort When a claim originally cognizable in the courts involves issues which. judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view. Doctrine of Exhaustion of Administrative Remedies 1. when claim involved is small f. when the question raised is purely legal. adequate remedy . Exceptions a. when there is no other plain. courts should not be saddled with the review of administrative cases 4. 1. 2. Under this doctrine. 3. bodies in deference to the doctrine of separation of powers. under a regulatory scheme are within the special competence of an administrative agency. 3. when there is urgent need for judicial intervention e. an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review.

long-continued and unreasonable delay 5. in quo warranto proceedings 2. utter disregard of due process 4. When the administrative remedy is permissive.h. when the subject of controversy is private land 1. concurrent 3. when no administrative review is provided 7. when strong public interest is involved I. respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL AGENCY – ALTER EGO DOCTRINE) Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support a conclusion. amount involved is relatively small 6. .