Beruflich Dokumente
Kultur Dokumente
IV
–
QUASI
–
LEGISLATIVE
POWER
Executive
orders
are
"acts
of
the
President
providing
for
rules
of
a
general
or
permanent
Legislative
power
is
the
power
to
make,
alter
and
character
in
implementation
or
execution
of
repeal
laws}
The
Constitution
provides
that
"the
constitutional
or
statutory
powers."
legislative
power
shall
be
vested
in
the
Congress
of
the
Philippines
which
shall
consist
of
a
Senate
and
a
Administrative
orders
are
"acts
of
the
President
House
of
Representatives,
except
to
the
extent
which
relate
to
particular
aspects
of
governmental
reserved
to
the
people
by
the
provision
on
initiative
operations
in·∙
pursuance
of
his
duties
as
and
referendum."
administrative
head."
The
doctrine
of
separation
of
power
prohibits
the
Proclamations
are
"acts
of
the
President
fixing
a
delegation
of
purely
legislative
power.
date
or
declaring
a
statute
or
condition
of
public
moment
or
interest,
upon
the
existence
of
which
the
Delegation
of
legislative
power
to
the
President.
operation
of
a
specific
law
or
regulation
is
made
to
The
doctrine
of
separation
of
powers
does
not,
depend."
however,
absolutely
prohibit
delegation
of
legislative
power.
The
Constitution
itself
makes
the
Memorandum
orders
are
"acts
of
the
President
on
delegation
of
legislative
power
to
the
President,
the
matters
of
administrative
detail
or
of
subordinate
or
Supreme
Court,
and
the
local
government
units.
temporary
interest
which
only
concern
a
particular
officer
or
office
of
the
Government."
Delegation
of
legislative
power
to
the
President
is
permitted
in
Sections
23(2)
and
28(2)
of
Article
VI
of
Memorandum
circulars
are
"acts
of
the
President
the
Constitution.
on
matters
relating
to
internal
administration
which
the
President
desires
to
bring
to
the
attention
of
all
Section
23(2)
provides
that
"In
times
of
war
or
other
or
some
of
the
departments,
agencies,
bureaus
or
national
emergency,
the
Congress
may,
by
law,
offices
of
the
Government,
for
information
or
authorize
the
President,
for
a
limited
period
and
compliance."
subject
to
such
restrictions
as
it
may
prescribe,
to
exercise
powers
necessary
and
proper
to
carry
out
a
General
or
specific
orders
are
"acts
and
commands
declared
national
policy.
Unless
sooner
withdrawn
of
the
President
in
his
capacity
as
Commander-‐in-‐
by
resolution
of
the
Congress,
such
powers
shall
Chief
of
the
Armed
Forces
of
the
Philippines."
cease
upon
the
next
adjournment
thereof."
Section
28(2)
states
that
"'The
Congress
may,
by
law,
Delegation
of
legislative
power:
Supreme
Court.
authorize
the
President
to
fix
within
specified
limits,
The
Constitution
vests
in
the
Supreme
Court
the
and
subject
to
such
limitations
and
restrictions
as
it
power
to
"Promulgate
rules
concerning
the
may
impose,
tariff
rates,
import
and
export
quotas,
protection
and
enforcement
of
constitutional
rights,
tonnage
and
wharfage
dues,
and
other
duties
or
pleadings,
practice,
and
procedure
in
all
courts,
the
imposts
within
the
framework
of
the
national
admission
to
the
practice
of
law,
the
Integrated
Bar,
development
program
of
the
Government."
and
legal
assistance
to
the
underprivileged.
Such
rules
shall
provide
a
simplified
and
inexpensive
Administrative
Code
of
1987
also
delegates
to
the
procedure
for
the
speedy
disposition
of
cases,
shall
President
certain
ordinance
powers,
in
the
form
of
be
uniform
for
all
courts
of
the
same
grade,
and
shall
presidential
issuances.
Presidential
issuances
are
not
diminish,
increase,
or
modify
substantive
rights.
those
which
the
President
issues
in
the
exercise
of
Rules
of
procedure
of
special
courts
and
quasi-‐
his
ordinance
power:
such
as
–
executive
orders,
judicial
bodies
shall
remain
effective
unless
administrative
orders,
proclamations,
disapproved
by
the
Supreme
Court."
memorandum
orders,
memorandum
circulars,
and
general
or
special
orders.
The
rule-‐making
power
of
the
Supreme
Court
as
The
sangguniang
panlalawigan,
as
the
legislative
provided
in
Sec.
5(5),
Article
VIII
of
the
Constitution
body
of
a
province,
may
by
a
vote
of
a
majority
of
is
complemented
by
Sec.
30,
Article
VI
of
the
the
members
present,
there
being
a
quorum,
enact
Constitution,
'which
provides
that
"No
law
shall
be
ordinances
affecting
the
province.
The
ordinance
is
passed
increasing
the
appellate
jurisdiction
of
the
then
forwarded
to
the
governor
(15
days
to
act,
Supreme
Court
as
provided
in
this
Constitution
same
rules
apply)
without
its
advice
and
concurrence."
Delegation
as
exception
to
restriction
thereon.
Delegation
legislative
power:
local
governments.
The
prohibition
against
delegation
of
legislative
The
Constitution
created
legislative
bodies
of
local
power
does
not
embrace
every
power
the
governments
and
granted
each
local
government
legislature
may
properly
exercise.
What
the
unit
the
“power
to
create
its
own
sources
of
doctrine
of
separation
of
powers
precludes
is
the
revenues
and
to
levy
taxes,
fees,
and
charges
delegation
of
those
powers
which
are
inherent
in
subject
to
such
guidelines
and
limitations
as
the
the
legislative
branch.
Congress
may
provide,
consistent
with
the
basic
policy
of
local
autonomy."
What
are
these
exclusive
powers?
The
power
to
declare
whether
or
not
there
shall
be
a
law,
to
Section
48
of
the
Local
Government
Code
of
1991
determine
the
general
purpose
or
policy
to
be
provides
that
"Local
legislative
power
shall
be
achieved
by
the
law,
and
to
fix
the
limits
within
exercised
by
the
sangguniang
panlalawigan
for
the
which
the
law
shall
operate
is
a
power
which
is
province;
the
sangguniang
panlungsod
for
the
city;
vested
in
the
legislature
and
may
not
be
delegated.
the
sangguniang
bayan
for
the
municipality;
and
the
sangguniang
barangay
for
the
barangay."
The
delegation
to
administrative
agencies
of
some
of
the
legislative
power
is
necessary,
particularly
in
A
barangay
ordinance
is
subject
to
review
by
the
modern
regulatory
enactments
in
which
the
sangguniang
bayan
or
sangguniang
panlungsod,
as
legislature
is
incapable
of
defining
the
multitudinous
the
case
may
be,
to
determine
whether
it
is
details.
consistent
with
law
or
with
municipal
or
city
ordinance
(30
days
to
decide,
approved
by
inaction).
Trend
in
delegation
of
legislative
power.
The
latest
in
our
jurisprudence
indicates·∙
that
The
power
to
enact
municipal
ordinance
is
lodged
delegation
of
legislative
power
has
become
the
rule
with
the
sangguniang
bayan.
The
affirmative
vote
of
and
its
non-‐delegation
the
exception.
The
reason
is
a
majority
of
the
members
of
the
sangguniang
the
increasing
complexity
of
modern
life
and
many
bayan
present
and
voting,
there
being
a
quorum,
technical
fields
of
governmental
functions.
This
is
shall
be
necessary
for
the
passage
of
any
ordinance.
coupled
by
the
growing
inability
of
the
legislature
to
The
ordinance
is
then
submitted
to
the
municipal
cope
directly
with
the
many
problems
demanding
its
mayor
(10
days
to
act,
approved
by
inaction)
If
attention.
vetoed,
same
rule
applies,
can
be
override
by
2/3
of
the
members
of
the
SB.
Rule-‐making
power,
generally.
The
term
"rule"
means
any
administrative
agency
The
approved
ordinance
is
then
submitted
to
the
statement
of
general
applicability
that
implements
sangguniang
panlalawigan
for
review.
The
or
interprets
a
law,
fixes
and
describes
the
sangguniang
panlalawigan
may,
within
thirty
days
procedures
in,
or
practice
requirements
of,
an
from
receipt
of
the
ordinance,
invalidate
it
in
whole
agency
not
affecting
the
rights
of,
or
procedure
or
in
part,
and
its
action
shall
be
final.
(30
days
to
available
to,
the
public.
act,
approved
by
inaction)
"Rule-‐making"
means
any
agency
process
for
the
of
rights,
privileges
and
duties
by
an
administrative
formulation,
amendment,
or
repeal
of
a
rule.
Rule-‐ agency
resulting
in
a
decision
or
order
which
applies
making
power
of
administrative
agencies
refers
to
to
specific
situations
or
to
specific
persons
or
the
power
to
issue
rules
and
regulations
which
entities,
or
pertains
exclusively
to
a
named
entity
result
from
delegated
legislation
in
the
and
to
no
other
and
is
premised
on
a
finding
of
facts
administrative
level.
or
on
a
report
of
its
inspector
on
which
the
order
is
based.
Rules
and
regulations
promulgated
in
pursuance
of
the
authority
conferred
upon
the
administrative
Smart
Communications
vs.
National
Telecomm.
agency
by
law,
partake
of
the
nature
of
a
statute.
What
is
required
in
the
exercise
of
quasi-‐
They
have
the
force
and
effect
of
law.
The
reason
is
legislative
power?
It
is
required
that
the
that
statutes
are
usually
couched
in
general
terms,
regulation
be
germane
to
the
objects
and
the
details
and
the
manner
of
carrying
out
the
law
purposes
of
the
law,
and
be
not
in
are
oftentimes
left
to
the
administrative
agency.
contradiction
to,
but
in
conformity
with,
the
standards
prescribed
by
law.
They
must
Distinguished
from
administrative
function.
conform
to
and
be
consistent
with
the
It
has
been
held
that
administrative
functions
are
provisions
of
the
enabling
statute
in
order
those
which
involve
the
regulation
and
control
over
for
such
rule
or
regulation
to
be
valid.
the
conduct
and
affair
of
individuals
for
their
own
welfare
and
the
promulgation
of
rules
and
What
is
quasi-‐judicial
power?
This
is
the
regulations
to
better
carry
out
the
policy
of
the
power
to
hear
and
determine
questions
of
legislature.
It
has
been
said
that
while
legislation
fact
to
which
the
legislative
policy
is
to
apply
and
administration
are
distinct
powers,
the
line
and
to
decide
in
accordance
with
the
which
separates
their
exercise
is
not
clearly
marked
standards
laid
down
by
the
law
itself
in
or
easily
defined,
and
that
their
definition
in
enforcing
and
administering
the
same
law.
practical
application
lies
the
difference
between
government
by
legislation
and
government
by
In
questioning
the
validity
or
bureaucracy.
constitutionality
of
a
rule
or
regulation
issued
by
an
administrative
agency,
a
party
Distinguished
from
quasi-‐judicial
power.
need
not
exhaust
administrative
remedies
Rule-‐making
power
and
quasi-‐judicial
power
IS
before
going
to
court.
This
principle
applies
different,
the
distinction
being
determined
by
the
only
where
the
act
of
the
administrative
character
of
the
proceedings
rather
than
the
agency
concerned
was
performed
pursuant
character
of
the
body
conducting
the
proceedings.
to
its
quasi-‐judicial
function,
and
not
when
The
fact
that
a
body
which
acts
in
a
legislative
the
assailed
act
pertained
to
its
rule-‐making
capacity
has
judicial
power
does
not
change
the
or
quasi-‐legislative
power
(cognizable
by
the
character
of
the
legislative
act.
courts,
doctrine
of
primary
jurisdiction
is
not
applicable).
The
rule-‐making
power
differs
from
judicial
power,
or
legislation
from
adjudication,
in
that
basically
or
In
like
manner,
the
doctrine
of
primary
usually
a
quasi-‐legislative
act
operates
in
the
future,
jurisdiction
applies
only.
where
the
rather
than
on
past
transactions
and
circumstances,
administrative
agency
exercises
its
quasi-‐
and
generally,
rather
than
particularly.
judicial
or
adjudicatory
function.
Thus,
in
cases
Involving
specialized
disputes,
the
The
rules
and
regulations
issued
in
the
exercise
of
practice
has
been
to
refer
the
same
to
an
rule-‐making
power
are
of
general
applicability
administrative
agency
of
special
issued
by
the
administrative
agency
to
implement
competence
pursuant
to
the
doctrine
of
its
purely
administrative
policies
and
function.
On
primary
jurisdiction
the
other
hand,
adjudication
means
a
determination
Right
to
notice
and
hearing
distinguishing
feature.
The
ascertainment
of
what
the
law
shall
be
is
a
An
important
distinguishing
feature
between
quasi-‐ prerogative
of
the
legislature.
This
prerogative
legislative
and
quasi-‐judicial
or
adjudication
is
the
cannot
be
abdicated
nor
surrendered
by
the
requirement
of
notice
and
hearing
in
the
latter,
legislature
to
the
delegate,
without
rendering
the
which
is
not
necessary
in
the
former.
statute
delegating
it
unconstitutional.
What
may
be
delegated
Kinds
of
Rule-‐Making
Power
It
can
delegate
the
discretion
as
t
how
the
law
shall
Three
types:
be
enforced,
to
issue
rules
to
fill
in
details,
to
ü Rule-‐making
by
reason
of
particular
ascertain
facts
on
which
the
law
will
operate,
to
delegation
of
authority
exercise
police
power,
and
to
fix
rates.
To
be
valid,
ü Rule-‐making
by
the
construction
and
the
delegation
has
to
pass
the
completeness
and
interpretation
of
a
statute
being
sufficiency
of
standard
tests.
administered
and;
ü Determination
of
facts
under
a
delegated
There
are
two
accepted
tests
to
determine
whether
power
as
to
which
a
statute
shall
go
into
or
not
there
is
a
valid
delegation
of
legislative
effect.
power,
viz.,
the
completeness
test
and
the
sufficient
standard
test.
The
first
refers
to
the
power
to
issue
rules
and
regulations
which
have
the
force
and
effect
of
law.
Under
the
completeness
test,
the
law
must
be
complete
in
all
its
terms
and
conditions
The
second
refers
to
the
power
of
administrative
when
it
leaves
the
legislative
such
that
agencies
to
interpret
and
construe
the
statutes
when
it
reaches
the
delegate
the
only
thing
entrusted
to
them
for
implementation.
he
will
have
to
do
is
to
enforce
it.
The
interpretation
is
of
three
kinds:
(1)
Under
the
sufficient
standard
test,
there
interpretation
as
incident
of
the
execution
of
must
be
adequate
guidelines
or
limitations
a
law;
(2)
interpretation
handed
down
by
the
in
the
law
to
map
out
the
boundaries
of
the
Secretary
of
Justice
upon
request
of
a
delegate’s
authority
and
prevent
the
government
agency
or
official;
and
(3)
delegation
from
running
riot.
interpretation
in
adversary
proceedings.
Note:
A
statute
may
be
complete
when
the
subject,
Third
type
of
rule-‐making
power
refers
to
the
the
manner,
and
the
extent
of
its
operation
are
ascertainment
of
facts
which
will
form
the
basis
for
stated
in
it.
the
enforcement
of
a
statute.
When
standard
sufficient.
The
Court
has
upheld
as
adequate
standards
B.
DELEGATION
OF
LEGISLATIVE
POWER
simplicity
and
dignity,
public
interest,
public
welfare…
Delegation
of
legislative
power
refers·∙
to
the
grant
of
authority
by
the
legislature
to
administrative
There
is
no
uniform
application
of
standard.
agencies
to
issue
rules
and,
regulations
concerning
how
the
law
entrusted
to
them
for
implementation
Standard
fixed
cannot
be
enlarged
nor
restricted.
may
be
enforced.
‘Power
of
subordinate
legislation’
Where
the
law
sets
the
standards
by
which
the
delegate
may
exercise
the
delegated
power,
the
What
cannot
be
delegated
executive
or
administrative
agency
concerned
Those
that
are
purely
legislative
in
nature
–
power
cannot
add
thereto
and
justify
the
exercise
of
the
to
make
the
law,
or
to
determine
what
the
law
shall
delegated
power
on
the
basis
of
all
such
enlarged
be,
and
to
alter
or
repeal
it.
standards.
When
standard
insufficient
Regulations
cannot
restrict
nor
enlarge
the
law.
A
statute
which
prescribes
no
or
inadequate
"It
is
a
fundamental
rule
that
implementing
rules
standard
for
the
exercise
of
a
delegated
legislative
CANNOT
add
to
or
detract
from
the
provisions
of
the
power
and
the
rules
issued
by
an
administrative
law
it
is
designed
to
implement.
agency
to
implement
the
law
are
null
and
void.
For
Congress
in
failing
to
provide
adequate
standard
has
The
rule
may
thus
be
re-‐stated
that
that
the
abdicated
its
legislative
power,
and
the
issuance
of
an
administrative
rule
or
regulation
administrative
agency
has
issued
the
rules
without
must
be
in
harmony
with
the
enabling
law.
If
a
legal
basis.
discrepancy
occurs
between
the
basic
law
and
an
implementing
rule
or
regulation,
it
is
the
former
that
Remember:
Ynot
vs.
IAC
–
carabeef
prevails.
…The
phrase
"may
see
fit"
is
an
extremely
generous
and
dangerous
condition,
if
condition
it
is.
It
is
laden
Rules
must
be
reasonable.
with
perilous
opportunities
for
partiality
and
abuse,
To
be
valid,
the
rules
and
regulations
must
also
be
and
even
corruption.
reasonable
and
fairly
adopted
to
secure
the
end
in
view.
If
shown
to
bear
no
reasonable
relation
to
the
Usual
issues
on
validity
of
delegation.
purposes
for
which
they
are
authorized
to
be
issued,
The
usual
Issues
concerning
the
validity
of
the
then
they
must
be
held
to
be
invalid.
delegation
of
legislative
power
that
may
be
raised
are:
firstly,
against
the
delegating
statute
itself;
Lupangco
Case
–
unreasonable
and
violative
of
and
secondly,
against
the
exercise
of
the
delegated
academic
freedom;
prohibition
on
review
materials
power.
three-‐days
prior
to
examination;
PRC
resolution.
The
first
refers
to
the
question
as
to
whether
or
not
Resolution
No.
105
is
not
only
unreasonable
the
requisites
of
valid
delegation
are
present,
and
arbitrary;
it
also
infringes
on
the
namely:
the
completeness
of
the
statute
making
the
examinees
right
to
liberty
guaranteed
by
the
delegation,
and
the
presence
of
a
sufficient
Constitution.
Respondent
PRC
has
no
standard.
If
any
one
of
these
requisites
is
absent,
the
authority
to
dictate
on
the
reviewees
as
to
statute
making
the
delegation
is
unconstitutional.
now
they
should
prepare
themselves
for
the
licensure
examinations…
The
second
pertains
to
the
question
as
to
whether
or
not
the
rule
or
regulation
conforms
with
what
the
Rules
constituting
an
offense.
statute
provides
and
whether
the·∙
same
is
Administrative
bodies
have
the
authority
to
issue
reasonable.
administrative
regulations
which
are
penal
in
nature
where
the
Jaw
itself
makes
the
violation
of
the
A
delegating
statute
may
meet
all
the
requisites
of
a
administrative
regulation
punishable
and
provides
valid
delegation,
but
the
rule
issued
in
the
exercise
for
its
penalty.
The
regulations
may
then
validly
spell
of
the
delegated
authority
may
suffer
infirmity
out
the
details
of
the
offense
On
the
other
hand,
where
a
law
empowering
an
Rules
or
regulations,
generally.
administrative
agency
to
issue
rules
and
regulations.
Rules
and
regulations
are
the
product
of
does
not
provide
that
violation
of
such
rules
shall
be
subordinate
legislation.
If
valid,
the
rules
and
unlawful
and
punishable
or
even
if
it
does,
it
does
regulations
issued
by
the
administrative
agencies
to
not
prescribe
the
penalty
for
such
violation,
the
implement
the
law
have
the
force
and
effect
of
a
administrative
agency
tasked
to
execute
the
law
ha$
law.
no
power
to
penalize
violation
of
its
rules
and
regulations
When
rules
take
effect
become
effective
fifteen
(15)
days
from
the
Section
18,
Book
I
of
the
1987
Administrative
Code
date
of
filing
as
above
provided
unless
a
modified
Sec.
2
of
the
Civil
Code
when
it
provided
different
date
is
fixed
by
law,
or
specified
in
that
"Laws
shall
take
effect
after
fifteen
(15)
days
the
rule
in
cases
of
imminent
danger
to
following
the
completion
of
their
publication
in
the
public
health,
safety
and
welfare,
the
Official
Gazette
or
in
a
newspaper
of
general
existence
of
which
must
be
expressed
in
a
circulation,
unless
it
is
otherwise
provided."
The
statement
accompanying
the
rule.
phrase
"otherwise
provided"
means
that
a
shorter
or
longer
period
may
be
fixed
by
law
from
…
publication,
when
the
law
will
take
effect.
Delegation
to
ascertain
facts.
Note:
interpretative
regulations
and
those
Congress
may
delegate
to
an
administrative
agency
merely
internal
in
nature,
that
is,
regulating
the
power
to
ascertain
facts
as
basis
to
determine
only
the
personnel
of
the
administrative
when
law
may
take
into
effect
or
whether
a
law
may
agency
and
not
the
public,
need
not
be
be
suspended
or
come
to
an
end.
This
is
a
delegation
published.
Neither
is
publication
required
of
of
how
a
law
will
be
enforced
which
is
permissible.
the
so-‐called
letters
of
instructions
Prohibition
against
re-‐delegation;
exceptions.
Note2:
…even
the
charter
of
a
city
must
be
One
restriction
on
the
delegation
of
legislative
published
notwithstanding
that
it
applies
to
power
is
the
doctrine
of
potestas
delegata
non
only
a
portion
of
the
national
territory.
All
delegari
protest.
What
has
been
delegated
cannot
presidential
decrees
must
be
published,
be
delegated.
This
doctrine
is
based
on
the
ethical
including
even,
say,
those
naming
a
public
principle
that
such
a
delegated
power
constitutes
place
after
a
favored
individual
or
exempting
not
only
a
right
but
a
duty
to
be
performed
by
the
him
from
certain
prohibitions
or
delegate
through
the
instrumentality
of
his
own
requirements.
Parenthetically,
municipal
judgment
and
not
through
the
intervening
mind
of
ordinances
are
not
covered
by
this
rule
but
another.
by
the
Local
Government
Code.
As
a
rule,
a
delegated
power
cannot
be
delegated
Tanada
v
Tuvera
–
“…publication
must
be
in
but
must
be
exercised
by
the
person
or
body
tasked
full
or
it
is
no
publication
at
all
since
its
by
law
to
exercise
it.
purpose
is
to
inform
the
public
of
the
contents
of
the
law”
Exceptions:
…
power
conferred
upon
an
administrative
agency
Apart
from
publication,
it
is
also
required
that
the
to
which
the
(1)
administration
of
a
statute
is
rules
and
regulations
be
filed
with
the
U.P.
Law
entrusted
may
be
an
adequate
source
of
authority
Center
of
the
University
of
the
Philippines.
to
delegate
a
particular
function,
unless
by
express
provisions
of
the
Act
or
by
implication
it
has
been
Chapter
2
of
Book
VII
of
the
1987
Administrative
withheld.
This
subdelegation
of
power
has
been
Code
provides:
justified
by
sound
principles
of
organization
which
demand
that
those
at
the
top
be
able
to
concentrate
Sec.
3
–
Filing;
Every
agency
shall
file
with
the
their
attention
upon
the
larger
and
more
important
University
of
the
Philippines
Law
Center
questions
of
policy
and
practice
three
(3)
certified
-‐
copies
of
every
rule
adopted
by
it…
(2)
Thus,
while
the
power
to
decide
resides
solely
in
the
administrative
agency
vested
by
law,
this
does
Sec.
4.
Effectivity.
-‐
In
addition
to
other
rule-‐ not
preclude
a
delegation
of
the
power
to
hold
a
making
requirements
provided
by
law
not
hearing
on
the
basis
of
which
the
decision
of
the
inconsistent
with
this
Book,
each
rule
shall
administrative
agency
will
be
made.
(3)
Neither
does
due
process
of
law
nor
the
C.
CONTEMPORARY
CONSTRUCTION
requirements
of
fair
hearing
require
that
the
actual
taking
of
testimony
be
before
the
same
officer
who
Administrative
rule,
interpretation
distinguished.
will
make
the
decision
in
the
case.
In
short,
there
is
When
an
administrative
agency
promulgates
rules
no
abnegation
of
responsibility
on
the
part
of
the
and
regulations,
in
the
exercise
of
its
rule-‐making
officer
concerned
as
the
actual
decision
remains
power
delegated
to
it
by
the
legislature,
it
"makes"
with
and
is
made
by
said
officer.
a
new
law
with
the
force
and
effect
of
a
valid
law,
while
when
it
renders
an
opinion
or
gives
a
Delegation
of
rate-‐fixing
power.
statement
of
policy,
it
merely
interprets
a
pre-‐
The
legislature
usually
delegates
its
rate-‐fixing
existing
law.
power
to
administrative
agencies
for
the
latter
to
fix
the
rates
which
public
utility
companies
may
charge
The
rules
promulgated
pursuant
to
law
are
binding
the
public.
on
the
courts,
even
if
they
are
not
in
agreement
with
the
policy
stated
therein
or
with
its
innate
The
statute
making
the
delegation
must
be
wisdom.
On
the
other
hand,
administrative
complete
and
must
fix
a
sufficient
standard.
In
case
interpretation
of
the
law
is
at
best
merely
advisory,
of
a
delegation
of
rate-‐fixing
power,
the
only
for
it
is
the
courts
that
finally
determine
what
the
standard
which
the
legislature
is
required
to
law
means.
prescribe
for
the
guidance
of
the
administrative
authority
is
that
the
rate
be
reasonable
and
Just.
When
is
a
rule
considered
a
law
and
when
is
it
a
mere
interpretation
of
the
law?
"A
rule
is
binding
The
function
of
prescribing
rates
by
an
on
the
courts
so
long
as
the
procedure
fixed
for
its
administrative
agency
may
be
either
a
legislative
or
promulgation
is
followed
and
its
scope
is
within
the
an
adjudicative
function.
If
it
were
a
legislative
statutory
authority
granted
by
the
legislature,
even
function,
the
grant
of
prior
notice
and
hearing
to
the
if
the
courts
are
not
in
agreement
with
the
policy
affected
parties
is
not
a
requirement
of
due
process.
stated
therein
or
its
innate
wisdom.
On
the
other
hand,
administrative
interpretation
of
the
law
is
at
When
the
rules
and/or
rates
laid
down
by
an
best
merely
advisory,
for
it
is
the
courts
that
finally
administrative
agency
are
meant
to
apply
to
all
determine
what
the
law
means.
enterprise
of
a
given
kind
throughout
the
country,
they
may
partake
of
a
legislative
character.
Where
Executive
construction,
generally;
kinds
of.
the
rules
and
the
rates
imposed
apply
exclusively
to
What
is
commonly
understood,
and
usually
referred
a
particular
party,
based
upon
a
finding
of
fact,
then
to,
as
contemporaneous
construction
is
the
its
function
is
quasi-‐judicial
in
character.
construction
placed
upon
the
statute
by
an
executive
or
administrative
officer
called
upon
to
execute
or
Note:
Quasi-‐Legis
–
no
need
for
notice
and
hearing;
administer
such
statute.
Quasi-‐Judicial
–
required.
There
are
three
types
of
executive
interpretations
of
the
law.
The
first
is
the
construction
by
an
Power
to
fix
rate
cannot
be
re-‐delegated.
executive
or
administrative
officer
directly
called
to
The
power
delegated
to
a
administrative
agency
to
implement
the
law.
It
may
be
express
or
implied.
An
fix
rates
cannot,
in
the
absence
of
a
law
authorizing
interpretation
embodied
in
a
circular,
directive
or
it,
be
delegated
to
another.
regulation
is
an
express
interpretation.
A
practice
or
mode
of
enforcement
of
not
applying
the
statute
to
certain
situations
or
of
applying
it
in
a
particular
manner
is
an
implied
interpretation;
it
is
interpretation
by
usage
or
practice.
The
second
type
is
the
construction
by
the
Secretary
administrative
officer
charged
with
its
enforcement
of
Justice
in
his
capacity
as
the
chief
legal
adviser
of
will
be
adopted,
if
necessary
to
resolve
the
doubt.
the
government.
It
is
in
the
form
of
opinions
issued
upon
request
of
administrative
or
executive
officials
An
administrative
construction
is
not
necessarily
who
enforce
the
law.
The
third
kind
of
binding
upon
the
courts.
An
action
of
an
contemporaneous
construction
is
the
administrative
agency
may
be
disturbed
or
set
aside
interpretation
handed
down
in
an
adversary
by
the
judicial
department
if
there
is
an
error
of
law,
proceeding
in
the
form
of
a
ruling
by
an
executive
or
abuse
of
power
officer
exercising
quasi-‐judicial
power.
An
administrative
body
has
the
power
to
interpret
its
own
rule
and
such
interpretation
becomes
part
Forms
of
interpretation.
of
the
rule
itself.
Unless
shown
to
be
erroneous,
The
construction
or
interpretation
by
administrative
unreasonable
or
arbitrary,
such
interpretation
is
or
executive
agencies
may
take
many
forms,
which
entitled
to
recognition
and
respect
from
the
courts,
may
be
in
the
form
of
rules,
circulars,
opinions,
and
as
no
one
is
better
qualified
to
interpret
the
intent
directives.
They
are
sometimes
comprehended
of
the
regulation
than
the
authority
that
issued
it.
within
the
term
"administrative
practice."
The
term
"administrative
practice"
includes
any
formal
or
Reasons
why
contemporaneous
construction
is
informal
act
of
the
administrative
agency
by
which
given
much
weight.
it
construes,
interprets,
or
applies
the
law.
In
the
absence
of
a
previous
judicial
interpretation
of
a
ü the
respect
due
the
government
agency
or
statute
by
the
Supreme
Court,
courts
will
accord
officials
charged
with
the
implementation
of
weight
to
construction
by
administrative
or
the
law,
their
competence,
expertness,
executive
departments
of
the
government.
experience,
and
informed
judgment
ü the
agency
is
the
one
which
the
legislature
The
rule
is
that
the
formal
or
informal
interpretation
must
rely
to
advise
it
as
to
the
practical
or
practical
construction
of
an
ambiguous
or
working
out
of
the
statute
uncertain
statute
or
law
by
the
executive
ü and
practical
application
of
the
statute
department
or
other
agency
charged
with
its
presents
the
agency
with
unique
administration
or
enforcement
is
entitled
to
opportunity
and
experiences
for
discovering
consideration
and
the
highest
respect
from
the
deficiencies,
inaccuracies,
or
improvements
courts,
and
must
be
accorded
appropriate
weight
in
in
the
statute.
determining
the
meaning
of
the
law,
especially
ü people
will
go
on
living
and
transactions
will
when:
be
concluded
under
the
statute
while
its
ü the
construction
or
interpretation
is
long
construction
is
not
being
questioned.
continued
and
uniform
or
is
contemporaneous
with
the
first
workings
of
The
legislature
is
presumed
to
have
full
knowledge
the
statute
of
a
construction
of
a
statute.
The
legislature
may,
ü the
enactment
of
the
statute
was
suggested
by
action
(reenactment)
or
inaction
(silence),
by
such
agency
approve
or
ratify
such
contemporaneous
ü the
construction
has
received
implied
construction;
may
also
be
shown
by
the
legislature
legislative
approval
by
failure
to
change
a
appropriating
money
long
standing
administration
interpretation
When
contemporaneous
construction
disregarded.
Weight
accorded:
contemporaneous
construction.
No
ambiguity;
Construction
is
clearly
erroneous;
Generally
speaking,
where
there
is
doubt
as
to
the
strong
reason
to
the
contrary
exists;
when
the
proper
interpretation
of
a
statute,
the
uniform
courts
have
previously
given
the
statute
an
construction
placed
upon
it
by
the
executive
or
interpretation.
Erroneous
construction
creates
no
rights;
Distinguished
from
quasi-‐legislative:
exceptions
Quasi-‐adjudication
refers
to
a
determination
of
As
a
rule,
an
erroneous
contemporaneous
rights,
privileges
and
duties
by
an
administrative
construction
creates
no
vested
right
on
the
part
of
agency
resulting
in
a
decision
or
order
affecting
a
those
who
relied
upon,
and
followed,
such
named
person
and
becoming
final
and
executory
construction.
after
a
lapse
of
period.
Consequently,
those
who
benefited
from
the
Recall
above
discussions:
notice
and
hearing
and
erroneous
contemporaneous
construction
may
not
applicability.
Another
important
distinction
is
as
to
prevent
correction
of
such
construction,
nor
excuse
remedy:
decision
of
quasi-‐judicial
agency
in
the
themselves
from
complying
with
the
construction
as
exercise
of
its
quasi-‐judicial
power
-‐>
CA;
while
an
corrected;
nor
can
they
set
up
such
error
as
legal
action
to
challenge
the
rules
and
regulations
issued
obstacle
against
recovery
from
them
of
what
they
by
an
administrative
agency
to
implement
the
law
is
received
pursuant
to,
and
on
the
basis
of,
the
filed
with
the
RTC.
erroneous
application
of
law.
(Exception:
Tax
Cases)
Reason
for
creation
of
quasi-‐judicial
agencies
Growing
complexity
of
modern
society.
There
is
a
CHAPTER
V
–
QUASI
JUDICIAL
POWERS
need
for
the
active
intervention
of
agencies
in
matters
calling
for
technical
knowledge
and
speed.
Quasi-‐Judicial
–
actions
or
discretions
of
public
Unclogging
of
court
dockets.
administrative
officers
or
bodies
required
to
investigate
facts,
or
ascertain
facts,
hold
hearings,
Voluntary
arbitrator
a
quasi-‐judicial
officer
and
draw
conclusions
from
them,
as
basis
for
their
Arbitration
–
reference
of
a
dispute
to
an
impartial
official
action
and
to
exercise
discretion
of
a
judicial
third
person
for
determination
on
the
basis
of
nature.
Note:
Public
prosecutor
-‐
executive
evidence
and
arguments
presented
by
the
parties
who
have
bound
themselves
to
accept
the
decision.
Quasi-‐Judicial
Body
–
organ
of
government,
other
than
a
court
and
other
than
a
legislature,
which
Voluntary
arbitration
–
voluntary
arbitration
exercises
adjudicative
power
affecting
the
rights
of
agreement.
private
persons.
Involuntary
arbitration
–
compelled
by
the
Gov’t
to
accept.
Quasi-‐Judicial
Adjudication
This
function
requires:
JURISDICTION
ü previously
established
rules
and
principles
ü concrete
facts,
whether
past
or
present,
-‐power
and
capacity
conferred
by
Constitution
or
by
affecting
determinate
individuals;
law
to
a
court
or
tribunal
to
entertain,
head
and
ü decision
as
to
whether
these
facts
are
determine
certain
controversies,
and
render
governed
by
the
rules
and
principles.
judgment
thereon.
Adjudication
–
an
agency
process
for
the
Jurisdiction
could
be
over
the
nature
of
the
action,
formulation
of
a
final
order,
which
presupposes
over
the
subject
matter,
or
over
the
issues
framed
compliance
with
such
requirements
before
such
in
the
pleadings
or
over
the
person
of
the
parties.
final
order
is
issued.
Jurisdiction
over
the
petitioner
is
acquired
by
the
Distinguished
form
administrative
function:
filing
of
initiatory
pleading
and
paying
of
docket
fees
The
function
must
be
adjudicative
for
it
to
be
while
jurisdiction
over
the
respondent
is
acquired
by
considered
as
quasi-‐judicial.
the
service
of
summons
or
by
his
voluntary
submission
to
the
authority
of
the
court.
Extent
of
Jurisdiction
Rule:
administrative
body
to
which
quasi-‐judicial
power
has
been
delegated
is
a
tribunal
of
limited
jurisdiction
and
such
it
could
wield
only
such
powers
as
are
specifically
granted
to
it
by
its
enabling
statute.
Note:
the
grant
of
quasi-‐judicial
power
should
not
be
the
only
power
conferred,
but
should
instead
be
only
incidental
to
the
administrative
agency’s
main
task
of
implementing
the
law.
Otherwise,
the
agency
becomes
a
specialized
court
of
justice
under
the
judicial
branch.
Estoppel
to
deny
jurisdiction.
A
party
is
estopped
from
questioning
jurisdiction
of
a
quasi-‐judicial
body
when
for
instance
the
party
has
appealed
to
such
body.
Affirmation
of
a
jurisdiction
cannot
afterwards
be
denied.
As
held
by
the
SC.
“
The
Court
frowns
upon
and
does
not
tolerate
the
undesirable
practice
of
some
litigants
who
submit
voluntarily
a
cause
and
then
accepting
the
judgment
when
favorable
to
them
and
attacking
it
for
lack
of
jurisdiction
when
adverse.”
Note:
Party
cannot
take
inconsistent
positions.
ADMINISTRATIVE
PROCEDURE
Rules
of
Procedure.
A
quasi-‐judicial
body
has
the
implied
power
to
promulgate
its
own
rules
of
procedure
for
the
proper
exercise
of
adjudicative
power
and
for
the
guidance
of
interested
parties.
However,
it
must
not
diminish,
increase,
or
modify
substantive
rights
Rules
subject
for
Supreme
Court
modifications
Technical
Rules
not
applicable
p.121