ASSESSMENT NO.

1
POLLAW3
ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS AND ELECTION LAW

ANSWERS:

1. The administrative agency is the term used generally to describe an agency exercising some
significant combination of executive, legislative and judicial powers. It is a government body
charged with administering and implementing particular legislation. Agency includes or covers
boards, commissions, divisions, bureaus and departments, and the somewhat less familiar
designations of “office” and “authority.

2. No, the necessity of notice and hearing, as the twin requirements of due process, are not
essential to the validity of administrative action where the administrative body acts in the
exercise of executive, administrative or legislative functions. As a general rule, prior notice and
hearing are not essential to the validity of rules and regulations promulgated to govern future
conduct since there is no determination of past events or facts that have to be established or
ascertained. Where, however, a public administrative body acts in a judicial or quasi judicial
matter, and its acts are particular and immediate rather than general and prospective, the
person whose rights or property may be affected by the action is entitled to notice and hearing
although this requirement does not connote full adversarial proceedings.

3. Quasi-Judicial Function is a term which applies to the actions, discretion of public administrative
officers or bodies that are required to investigate facts, or ascertain the existence of facts, hold
hearings, and draw conclusions from them, as a basis for their official action and to exercise
discretion of a judicial nature.

4. Yes, as cited in one of the jurisprudence decided by the SC, which states that, a statute may vest
exclusive original jurisdiction in an administrative agency over certain disputes and
controversies falling within the agency’s special expertise. The definition of an administrative
agency includes its being vested with quasi judicial power, under the doctrine of primary
jurisdiction, the courts cannot and will not determine a controversy involving a question which is
within the jurisdiction of an administrative tribunal where the question demands the exercise of
sound administrative discretion requiring the special knowledge, experience, and services of the
administrative tribunal to determine technical and intricate matters of fact.

5. The SC defined Doctrine of Primary Jurisdiction which also known as the doctrine of prior resort
or exclusive administrative jurisdiction or preliminary resort, that if the case requires the
expertise, specialized skills and knowledge of the proper administrative bodies because
technical matters or intricate questions of facts are involved, then relief must first be obtained in
an administrative proceeding before a remedy will be supplied by the courts even though the
 matter is within the proper jurisdiction of a court. It applies only where the administrative
agency exercises quasi-judicial or adjudicatory functions.

6. The rule on non-delegation of legislative power is applicable to all the 3 branches of the
government, the application usually arises to grant of powers pertaining to lawmaking because
of many instances when their delegation is made. The general rule against delegation of
legislative power is that Congress may not delegate to administrative agencies the legislative
powers vested in it except when authorized by the Constitution. The rule is fixed not depending
upon the existence of an emergency. An unconstitutional delegation of legislative power is not
brought within the limits of permissible delegation by the establishment of procedural
safeguards, the right to judicial review. Such delegation will not violate not only the doctrine of
separation of powers but also the due process guarantee.

7. As the SC decided in the case of US vs. Ang Tang, the legislature does not undertake to specify or
define under what conditions or for what reasons the Governor-General shall issue the
proclamation. The legislature does not specify or define what an extraordinary rise is. That is left
to the discretion of the General-General. The act also says that the Governor-General “with the
consent of the council of State”, is authorized to issue and promulgate temporary rules and
emergency measures for carrying out the purpose of this Act. All these are left to the sole
judgment and discretion of the Governor-General. The law is thus incomplete as legislation. It is
the violation of the proclamation of the Governor-General which constitutes the crime. Before
any rules were promulgated by the Gov-Gen., a dealer in rice could sell it at any price and he
would not commit a crime, because there would be no law fixing the price of rice and the sale of
it would not constitute a crime. In the absence of proclamation, it was not a crime to sell rice at
any price. If the defendant committed a crime, it was because the Gov. Gen issued a
proclamation, the sale of it at any price was not a crime. The Gov. Gen cannot determine what
act shall constitute a crime or not, that is a legislative act. The Legislature cannot delegate
legislative power to enact any law. If Act no. 2868 is a law unto itself and within itself, and it
does nothing more than to authorize the Gov. Gen to make rules and regulations to carry it into
effect, then the Legislature created the law.

8. Although the Congress may delegate to another branch of the Government the power to fill in
the details in the execution, enforcement or administration of a law, it is essential that said law:
a. Be complete in itself, must set forth therein the policy to be executed, be carried out or
implemented by the delegate;
b. Fix a standard the limits of which the delegate must conform in the performance of his
functions.

Indeed, without a statutory declaration of policy, which is the essence of every law and
there would be no means to determine whether the delegate has acted within or beyond the
scope of his authority. Hence, he could thereby delegate upon himself the power, not only to
 make the law, but also to unmake it, by adopting measures inconsistent with the end sought to
be attained by the Act of Congress.

9. No, administrative agencies cannot exercise purely judicial functions, do not have the inherent
powers of a court, are not bound in their proceedings by all the rules applicable to proceedings
in court, and do not come within the statute prohibiting injunction to constitute courts or
against proceedings “in any court” of a state. Certain administrative agencies may be held not to
constitute courts or judicial bodies because their function is not to adjudicate impartially but to
represent a public interest, because of their investigatory and inquisitorial powers, or because
they exercise commingled legislative, executive and judicial functions.

10. Issuances by an administrative agency to enforce or implement an existing law have the force
and effect of law. When the issuances are of “general applicability”, publication in the Official
Gazette or in a newspaper of general circulation in the Philippines is necessary as a requirement
of due process. Publication is required as a condition precedent to the effectivity of a law to
inform the public of the contents of the law or rules and regulations before their rights and
interests are affected by the same. EO of the President and Administrative Rules and
Regulations must be published if their purpose is to enforce or implement existing laws pursuant
to a valid delegation.