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SC to promulgate rules concerning the protection
Legislative power- the power to make, alter and and enforcement of constitutional rights,
repeal laws pleadings, practice and procedure in all courts, the
admission to the practice of law, the Integrated Bar
*Its essential feature is the determination of and legal assistance to the underprivileged
legislative policy and its formulation and
promulgation as a defined and binding rule of The rule-making power of SC as provided in Sec 5
conduct (5), Art. VII of Constitiion complemented Sec. 30,
Art. VI of Consti (re: no law passing the increase
DELEGATION OF LEGISLATIVE POWER TO of appelate jurisdiction of SC
The Constitution itself makes the delegation of DELEGATION TO THE LGUS
legislative power to the President, the SC abd the -see Sec. 48 of LGC of 1991 re: local legis power
LGUs exercised by
1) Sangguniang Panlalawigan – province
Delegation to the President is permitted in Sec. 23 2) S. Panlungsod -city
(2) – in times of warand 28 (2) - to fix tariff ratesm 3) S. Bayan – municipality
import abd export quotas of Art. VI of the 4) S. Brangay – barangay
process of passing an ordinance
In Administrative Code of 1987, Pres has poweR to
issue: Sbarangay – majority of all members, review by S
1) Presidential Issuances – issued in the Panlungsod or Bayan, which shall take action
exercise of of his ordinance power; ie EO, within 30d
AO,memo these has force and effect of law Sbayan -same, review by municipal mayor, 10d to
2) Executive Orders – provides for rules of a act, 2/3 vote of all to override mayors', to be
general or permanent character in passed to S. Panlalawigan, act within 30d
implementation or execution of Spanlungsod – same + quoru, sub to city mayor
constitutional or statutory powers same as Sbayn
3) Administrative Orders – relates to particular Spanlalawigan-majority + quorum – gov 15d , 2/3
aspects of governmental operations in v
pursuance of his duty as administrative head
a. Proclamations – fixes the date or declares DELEGATION AS EXCEPTION TO
a statute or condition of public moment or RESTRICION THERON
interest What the doctrine of separation of power
b. Memorandum Orders – matters of precludes is the delegation of those powers which
administrative detail of or subordinate or are strictly or inherently and exclusively legislative
temporary interEst *the power to declare whether or not there shall be
c. MemorAndum CirculaRs- rElating on a law, to determine the general purposes or policy
inteRnal administration which the PrEs to be achieved by the law and to fix the limits
desirEs to bring to the attention of all or within which the law shall operate is a power
some of the depts for information or vested in the legislature and may not be delegated.
compliance *delegation of legislative power is the rule; its non
d. Genral or Specific Order – acts and delegation Is the exception
commands in capacity as Commander-in-
Chief of AFP Rule Making Power – means an agency process
for the formulation, amendment or repeal of a rule;
it refers to the power to issue rules and regulations 1) where the question demands administrative
which result from delegated legislation in the admin determination requiring special knowledge,
level' experience and services of the admin.
*The grant of rule-making power is a relaxation of Tribunal;
the priniciple of separtion of pwers and is an 2) question requires determination of
exception to the non-delegation of legislative technical and intricate issues of fact; and
powers 3) where uniformity of ruling is essential to
Distinguised from admin function – Admin. comply with the purposes of the regulatory
Functions are those which involve the regulation and statute administered
control over the conduct and affair of individuals for *judicial process is suspended pending referral of
their own welfare and promulgation of rules and such issues to the administrative body for its
regulations; includes rule making power resoltuion
Distinguished from quasi-judicial pwer *In cases where the doctrine of primary
*distinction beng determined by the character of the jurrisdiction is clearly applicable, the court cannot
proceedings rather than the character of the body arrogae unto itself the authority to resolve a
conducting the proceedings controversy which is initially lodged with an
QL:operates in future; QJ: past transactionsand admin body of specal competence
QL: generally; QJ-particularly vs doctine of exhaustio administrative
QL-implement purely administrative policies and eremedies
functions; QJ – determination of rights,privileges D of Primary Jur applies where a claim is
and duties by an admin. Agency originally cognizable in courts, the judicial process
being suspended pending referral of certain issues
to the administrative agency for its view
-filed with the trial court, whch suspends the
proceedings until referral to the admin agency

D. of Exhaustion of Administrative Remedies –

where a claim is cognizable in the first instance by
CHAPTER VI the adminitrative agency ALONE, judicial
interference being withheld until the
DOCTRINES OF PRIMARY JURISDICTION administrative process has run its courtse and the
AND EXHAUSTION OF ADMINISTRATVE agency action is ripe for review
REMEDIES -it is invoked in R65 filed with CA

A. Primary Jurisdiction sample of D. of Primary J. : Sec. 7 RA 876 or

*if the question is such that its determination Arbitration Law (re: stay of civil action)
requires the expertise, specialized skills and
knowledge of the proper administrative bodies *Note: it has been held that it is difficult to
because technical matters or intricate questions of determine whether a court is applyin ghe PR or EA
facts are involved, then relief must first be obtained
in administrative proceeding before a remedy will be *non compliance with DPJ is not jurisdictional;
supplied by the courts even though the matter is failure to timely object amounts to a waiver
within the proper jurisdictiion of a court thereof
*this doctrine requires that a plainitff should first
seek relief in an administrative proceeding before he Court proceedings shall be suspended
seeks a remedy in court *one of purposes of DPJ is not only to give admin
*court will not entertain such cases that is within the agency the opportunity to decide the controversy
administrative tribunal: by itself but also to prevent unnecessary and
premature resort to the court *PEAR is not an ironclad rule
*judicial proceedings are not a continuation of -violation of due process
admin determination; nevertheless, resort to courts -issue involved is purely a legal question
cannot be foreclosed on the theory that the courts are -admin action is patently illegal amounting to lack
the guaranotrs of the legality of admin action or excess of juris
-there is estoppel on the part of the admin agency
when doctrine does not apply: concerned
*exception in EAR in one are applicable in the other -there is irreparale injury
-where the admin agency has no juris -respondent is a dept sec who acts as an alter ego
of the Pres
B. Doctrine of Exhaustion of Admin Remedies -to require to EAR would be unreasoble
GR: recourse through court action cannot prosper -amounts to a nullification of a claim
until all the remedies have been exhausted at the -the subject matter is a private land in land cases or
admin level proceedings
*The party aggrieved by a decision of an admin -the rule does not provide a plain speedy and
official should first apply for review to highter adequate remedy
admin authority before seeking judicial relief; -there are circumstances indicating urgency of
otherwise his suit may be dismissed for prematurity judicial intervention
or lack of cause of action -where no admin review is provided
*where the enabling statute indicates a procedure for -rule of qualified political agency applies
admin review, and provides a system of admin -the issues of non-exhaustion of adminremedies
appeal, or recon, the courts for reasons of law, has been rendered moot
comity and convenience will not entertain a case -failure of a high governmental official from
unless the available admin remedies have been whom relief is sought to act on the matter
*not applicable where public interest requires
effect of failure to exhaust remedies immediate court resolution – PEAR may be
-does not affect the juris of the court overlooked where public interest requires
-ground for a motion to dismiss or is a defense immediate court resolution of the issue raised
which may be raised in the answer; if not raised, Prof. Kenneth Cup Davis (admin law prof) – re:
deemed waived ripeness concept – resolution of what could be a
debilitating uncertainty with the conceded ability
reason for the rule of the judiciary to work out a solution of the
-a sound practice and policy; assures an orderly problem posed is a potent argument for
procedure wihich favors a preliminary shifting maintaining the emphasis laid on its technical
process aspect
-there are both legal and practical reasons *NA where admin act is a nullity- where acts of a
-to provide less expensive and more speedy quasi-jud agency is patently illegal or issued
solutions to disputes without jurisdiction or in excess of jurisdiction
-to give admin agency the opportunity to act and *NA where admin remedy is not adequate -law is
correct the errors committed in the admin forum silent as to the remedy of appeal from a decision of
-principle of separation of pwers a department secretary on a specific matter; where
*admin decisions are usually questined in the special the decision of the dept sec is executory after a
civil action of certiorari, prohibition and mandamus, certain fixed period, the aggrieved party need not
which are allowed only when there is no ther plain, exhaust admin remedy
speedy and adequate remedy available to the *NA where judicial remedy relief is required to
petitioner prevent violence – agrieved party to seek
injunctive relief without awaiting the outcome of
exceptions the rule, gen the admin case; considerations of pyblic order
must transcend the admin issue of conflict of there is no law or regulation requiring that admin.
boundaries and only the courts have the weapon to Steps be taken against an admin action as
compel the parties temporarily to perpetually by condiction precedent to the filing of an action in
means of injunction court
*NA where agency acted with no jurisdiction - *NA where agency has no jurisdiction – sample
where the agency acted w/o juris or with grave private land, Bureau of Land has no juris
abuse of discretion in taking cognizance of a belated
appeal from decision of a lower level admin body
which had become final and thereafter reversing it
*NA where there is yet no admin order -if there is no
order, and at issue is won the investigation t be
conducted by an admin officer is within his
competence, then a suit for prohibition may lie
*NA where there is estoppel – there is estoppel on
the part of the party invoking the doctrine or on the
part of the admin agency concerned
*NA where ther is urgency or irreparable damage –
there is substantial contorversy between the parties
and the respondent is committing an act or
threatening the immediate commission of an act ;
where resort to ear will be fruitless and irreparable
damage or injury will cause petitioner arising from
the immediate implementation of the admin action
sought to be nulliefied
*NA where qualified political agency doctrine
applies - dept sec as alter egos of Pres and their acts
are presumed to be those of the latter, unless
disapproved or reprobated; assures speedy access to
the courts when most needed; no need to appeal the
decsion to the office of Pres; done only thru R65
*NA where issue is purely legal – whether the
abolition of a position is in accordance with law
(sample); issues of law cannot be resolved with
finality by the admin officer, only courts can
*NA where admin remedy is premissive – law is only
permissive, warranting the conclusion that the
legislature intended to allow the judicial remedy
even though admin remedy has not been exhausted
*NA where doctrine will result to nullificatio of
claim – where admin agency has no power to grant
the relief sought in civil action
*NA in quo warranto cases – when a public officer
is removed from office, he nned not await the final
outcome before filing a suit for quo warranto
because the one yr period to institute it in court is
not suspended; for public interest requires that the
right to a public office should be determined as
speedily as practicable
*NA where there is no law requiring remedies –