II.

Powers of Administrative Bodies

A. Powers of Administrative Bodies

1) Quasi-legislative or rule making power
1. Nature
a. Exercise of delegated legislative power, involving no
discretion as to what the law shall be, but merely the
authority to fix the details in the execution or enforcement
of a policy set out in the law itself
2. Kinds of Administrative Rules of Regualtions
a. Supplementary or detailed legislation
a. Fix the details
b. Interpretative legislation
a. Rules and regulations construing r interpreting the
proviisons of a staturetobe enforced
b. Intended to clarify or explain existing staturoty
regulations under wc the administrative body
operates
c. Contingent legislation
a. Rule and regulationsmade by an administrative
authority on the existence of certain facts or things
uponec the enforcement of the law depends
3. Requisites for Validity (page 497)
a. Issued under authority of law
b. Within the scope and purview of the law
c. Reasonable
d. Publication in the Official Gazette or in a newspaper of
general circulation
a. Interpretative rules and regualtions / Internal in
nature or LoI may simply be posted in conspicuous
places in the agency itself
b. Those wc do not affect the rights of the public
4. Administrative Rules with Penal Sanctions; additional Requisites
a. The law itself must declare the violation of the rule or
regulations as punishable
b. Law should fix the penalty for the violation
5. Necessity for Notice and Hearing
a. Administrative rule in the nature of subordinate legislation-
HEARING REQUIRED
a. Designed to implement a law by providing its
details
b. If it substantially adds or increases the burden of the
concerned

2) Quasi Judicial or adjudicatory power

3) Determinative Powers