Professional Documents
Culture Documents
executive department of the gov acting in a quasi-legislative or quasi-judicial capacity interferes with
the conduct of the indv
for the purpose of promoting the well-being of the community, as under laws regulating public interest,
professions, trades and callings, rates and prices, laws for the protection of public health and safety,
and the promotion of public convenience.
CONSEQUENCE of ever-increasing complexities of societies and the proliferation of problems
of gov that cannot readily or effectively be addressed by the traditional public agencies or
solved by other disciplines of public law.
2 MAJOR POWERS of administrative agency :
j.frankfurter : branch of the law which deals with the field of legal control exercised by lawadministering agencies other than courts, and the field of control exercised by courts over such
agencies
*COMPREHENSIVE coverage of the admin law : particular fieldns to w/c of public law in terms of
the public institutions to which administrative agencies provide support or assistance and the general
public for w/c they are established to serve.
ORIGIN AND DEV
legislation
justification : expediency
RESULT of the pervasive prolixityof modern age and the increasing difficulties confronting the
gov w/c given the sophisticated nature of problems...
ALL RULES OF conduct are supposed to be laid down directly by legislature subj to the direct
enforcement of the executive dev and the application or interpretation also directly by the
judiciary.
IT MUST be stressed that the task of enforcement of the law also became more complicAted as
the areas of concern of the general public expanded
became difficult for the legislature to deal directly and expeditiously with to every problem nad
for the judiciary to directly decide controversies .
DELEGATION OF POWER AS SOLUTION. Became rule
non-delegation as the exception
BUSES AND PASSENGER JEEPS promulgated by persons with needed expertise and time
rather than by general statute.
WHO MAY be permitted to operate
BY DELEGATION the legislature is able to relieve itself of the responsibility to
legislatedirectly on relatively minor matters and of attending as well to the adjudication
of essentially factual questions that more properly pertain to the executive authorities
THE LEGISLATURE CAN CONCENTRATE of matters of national or greater
significance
PRESENT STATUS
admin law : is in a state of flux
PROCESS OF EXPERIMENTATION
trial and error basis
SOURCES :
1. CONSTITUTIONAL OR STATUTORY
Article ix constitution
ENACTMENT CREATING ADMINISTRATIVE sss
BODIES
admin code
eo 209
confer upon them authority over quasi-judicial
matters or conflicts
2. DECISIONS OF COURTS interpreting the
Aratuc vs comelec
charters of administrative bodies and defining
maceda vs energy regulatory board
their powers , rights, inhibition, among others, and
the effects of their determinations and regulations
3. rules and regulations issued by the admin
bodies in pursuance of the purposes for which
they were created
ADMINISTRATION
defect : IN THE EXERCISE of the discretion vested in him by statute the administrative
officer may so interpret the law as to prevent it from being applied to the benefit or prejudice of
certain persons
ex rpc prosecutor for murder with or no probable cause HE MAY either file or not file
CHAPTER 2
ADMINISTRATIVE AGENCY - a body endowed with quasi-legislative and quasi- judicial powers
for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution
AGENCY in admin code - ANY DEPARTMENT, bureau, office, commission, authority, or officer of
the national gov authorized by law or executive order to make rules, issue licenses, grant rights or
privileges and adjudicate cases : Research institutions with respect to licensing functions: gov corp
with respect to functions regulating private right, privilege, occupation or business; and officals in the
exercise of disciplinary powers as provided by law
MALAGA VS PENACHOS jr
AGENCY
DEPARTMENT
BUREAU
Office
INSTRUMENTALITY
IN SC DEF : IS
BROADLY
definied by statute
as any of the
various units of the
gov, inlcuding A
department buraus
office
instrumentality or
gocc OR A
LOCAL GOV OR
DISTINCT unit
therein
REFERS TO AN
EXECUTIVE
DEPARTMENT
created by law
Understood
to refer to
any principal
subdivision
of any
deparment
REFERS within
the framework of
government
organization to nay
major functions are
defnited by law or
regulation
Beja sr vs ca
Attached agency : borne out by the lateral relationship between the department and the attached
agency
ATTACHMENT merely for policy and program corrdination
WITH RESPECT to administrative matters the independence of an attached agency from
departamental control and supervisoin is reinforced by the fact thateven an agency under a
department's administrative supervision is free from deparmtnetal interference with respect to
appointments and other personnel functions' under the admin code of 1987
THE ADMIN CODE provides chapter 8 book iv on supervision and control shall not apply to chartered
institutions attached to a department
PURPOSE: interrelated government agency to another is to attain policy and program coordination
VOLUNTARY arbitrator whether acting solely or in a panel enjoys in law the status of quasi-judical
agency but independent of and apart from the nlrc since his decisions are not appealable to the latter
AUTHORITY: used to designate both incorporated and non-incorpoated agencies or instrumentalities
of the gov
SC : ANY agency organized as a stock or non-stock corp vested with functions related to public needs
whether the governmental or proprietary in natrue and owned by the gov directly or through its
instrumentalities either wholly or where applicable as in the case of stock corp to the extentof atleast
51% of its capital stock is a gocc
gocc SEC 2 (13) EO 292 : - any agency organized AS a tock or non-stock corporation vested with
functions relating to public needs whether governmental or proprietary in nature and owned by the
government directly or indirectly or through its instrumentalities EITHER wholly, or where
applicable as in the case of stock corporations, to the extent of atleast 51% of its capital stock :
provided , that g gocc may further be categorized by the department of budget, the csc and the coa for
the purpose of the exercise and discharge of their respective powers , functions and responsibilities
with respect to such corporations.
NATURE
=
ARM OF legislatureas it is authorized to promulgate rules that have the force of law by virtue of a
valid delegation of legislativepower
-looseley considered by court bec it performs functions of a particular judicial character
administrative bodies endowed with quasi-judicial prerogatives are essentially executive agencies and
are not to be considered as courts or do not form part of the judiciary
ursal vs cta
Article ix
Mmda
Bureau of customs
Bureau of posts
Sec
Nlrc
make the gov a private party like GSIS
If created by the constitution itself the administrative body can be altered or abolished only by
constitutional adment
BUT WHERE THE BODY CREATED only by statute LEGISLATURE that breathed life into it
can amend or even repeal its charter resultingi n abolition which is justified if made in gf and not
attended by GAD
MODIFICATION and even abolition of admin bodies are not uncommon at this time when contours of
amin law have yet to be delineated and the field itself still has to be stabilized
ADMIN body may be reorganized pursuant to said law providing for its est or antoher law authorizing
said reorganization
SO LONG AS said reorganization would not involve an abolition or transfer of offices and is carried
out in gf by the person usually the pres authorized to effect the same, the validity of the same would
have to be upheld
DOCTRINE OF QUALIFIED POLITICAL AGENCY THE POWER OF THE PRES TO
REORGANIZED THE NATIONAL GOV MAY VALIDLY be delagated to his cabinet members
exercisingcontrol over a particular executive department
ADVANTAGES
national legislature and the courts of justice admin agencies have the advantage not only of
expertise derived from specialized trainingand experience as previously discussed but also of
adaptability to change and case in reacting to new and even emergency situations given its
flexible nature bec of its basic rule-making authority and adjudicatory prerogatives
ECONOMIC PROBLEM ARISES
admin bodies more resilient
INITIATE ACTION
THEY MAY proceed to the solution of the problems confied to their attention with more
expeditiousness and efficacy owing to the flexibility of their powers than can ordinarily be expected
from the legislature
ADMIN BODIES ADDRESS SOCIAL PROBLEMS EV ENV POLLUTION
RELATION TO REGULAR DEPARTMENTS
-exercise of powers delagated to it by legislature
THE ADMIN BODY - agent of the law -making body and bound to obey and implement legislative
will NOT OTHERWISE
legislature may abolish it or such incidents ( salary and emoluments or appropriations attached thereto
or its functions or the term of its officers may be altered in the discretion of legislature)
ENABLES the legislature to exert a great deal of influence upn the admin body that can impair the
independence
ADMIN AGENCY : executive department and so comes under the constitutional control of the pres.
WHICH CONTROL CANNOT BE WITHDRAWN or limited even by the legislature
president 's duty to execute the law of constitutional origin his control of all executive departments
THEY CANNOT BE DEPRIVED OF THEIR INHERENT POWER TO DECIDE ALL QUESTIONS
OF LAW , particularly if they have been initially resolved by admini bodies only
THE COURTS CAN REVIEW OR EVEN REVERSE THE ADMIN ACTS EVEN OF CHIEF
EXECUTIVE
COURTS MAY ALSO REVIEW THE FACTUAL FINDINGS OF ADMIN OFFICES AUTHORITY
OF LAW OR BY DUE PROCESS CLAUSE
many admin bodies have been allowed to function with a minimun of interference from the legislature
chiefly because amendment of their charters hass become difficult owing to the support or protection
these bodies have grown to enjoy or may enjoy from certain quarters or the public in general.
COURTS OF JUSTICE review admin adjudications only as a lastresot and only when questions of
law are involved
4th and separate department coordinate with and practically independent of 3 traditional branches of
governmeNT
rests on effectivity
COMPETENCE
strength in acceptance
THEY WILL PERSIST so long as the general public continues to rely on the service they offer and are
satisfied with the performance of their primordial task ie regulation of private right for public welfare
CHAPTER 3 POWERS OF ADMINISTRATIVE AGENCIES
a. quasi -legislative
power of the subordinate legislation and permits the body to promulgate rules intended
to carry out the provisions of particular laws ; public
b. quasi- judicial - ITS POWER of adjudication enables the administrative body to resolve in a
manner essentially judicial factual and sometimes even legal questions incidental to its primary power
of enforcement of the law ; private
qj APPLYINGA RULE FOR THE PAST AND QUASI-LEGISLATIVE IN prescribing a rule for the
future
Cir vs ca
Quasi- legislative or rule-maing power : POWER
to make rules and regulations which results in
delegated legislation that is within the confined of
the granting statute and the doctrine of nondelegability and separability of powers.
SHOULD BE within the scope of the statutory
authority granted by the legislature to the
adminstrative agency
REGULATION SHOULD BE GERMANTE TO
THE OBJECT AND PURPOSE OF THE LAW
and be not in contradiction to but in conformity
with the standards PRESCRIBED BY LAW
NTC regulatory agency of national gov with jurisdiction over all telecommunications entitites
is clothed with authority and given ample discretion to grant a provisional permit or authority
including the authority to issue CPCN quasi-legislative power
if a person contests IT : QUASI-JUDICIAL POWER to solve
STA ROSA REALTY DEV CORP VS AMATE
2 fold jurisdiction of DAR
sec 50 ra 6657 :
1. ESSENTIALLY EXECUTIVE AND
PERTAINS to the enforcement and
administration of the laws CARRYING THEM
INTO practical operation and enforcing their due
observance
2. JUDICIAL and involves the determination of
rights and obligations of the partties
sec 50 grants quasi-judicial power to said
department
FUNDAMENTAL rule : that an administrative agency has only such powers as are expressly granted
to it by law , it is likewise a settled rule that an administrative agency has also such powers as are
necessarily IMPLIED in the exercise of its express powers
LAGUNA LAKE DEV AUTHORITY VS CA LEGISLATURE cannot by its mere declaration make
something a public utility which is not in fact such
PRIVATE BUSINES operated under private contracts w/ selected customers and and not devoted to
public use cannot by legislative fiat or by order of a public service commission be declared a public
utility , SINCE THAT WOULD BE TAKING PRIVATE property for public use without just
compensation which cannot be done consistently with the due process clause
quasi-legislative power
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
POWER TO MAKE RULES AND REGULATIONS BEC IT IS IMPRACITCABLE for
lawmakers to provide general regulatoins for various and varying details of management
LITTLE LAWS: same legal force and with even more efficacy than the statutes they are supposed to
implement
GEN : RULES AND REGULATIONS issed by admin or executive officers pursuant to the procedure
or authority conferred by law UPON the adminsitrative agency have the force and effect or partake of
the nature of a statute
REASON: statute express policies purposes objectives remedies and sanctions intended by the
legislature in general terms
DETAILS and manner of carrying them out are often times left to the administrative agency entrusted
with their enforcement
ADMINISTRATIVE regulations and policies enacted by administrative bodies to interpret the
law W/C they are entrusted to enforce HAVE THE FORCE OF LAW and are entitled to great
respect.
DOCTRINAL in administrative law THAT THE rules and regulations of administrative bodies
INTERPRETING the law they are entrusted to enforce have the force of law these issuance are by no
means iron-clad norms and may be reviewed and nullified BY the courts if found to have been issued
not in compliance with the requisites for their validity.
ADMINISTRATIVE RULE admin code of 1987 : ANY AGENCY statement of general applicability
that implements or interprets a law, FIXES and describes the procedures in or practice requirements of
an agency including its regulations
INCLUDES memoranda or statements concerning THE internal administration or
management of an agency not affecting the rights of or procedure available to the public
RULE MAKING : agency process for the formulation amendment or repeals of a rule
LEGISLATIVE POWER
Quasi-legislative
No valid objection
principle : legislation and administration are disctinct powers but in practical application the line
which sepaates their exercise is not clearly marked or easily defined
THE DISTINCTION between the legislative and administrative function is fundamental
PRACTICAL APPLICATION lies the difference between gov by legislation and gov by bureaucracy
DELEGATED rule-making by administrative agencies all that may be reasonably demanded is a
showing that the delegated legislation consisting of administrative regulations are germane to the
general purposes projected by the governing or enabling statute
Gen rule : courts will not interfere with the public service commissioner's power to regulate and
control the the operation of public services when it isjust and reasonable and founded upon a legal
right
SOURCE : derived from the legislature by virtue of a valid delegation
may either be expressed or implied although it is usually effected explicitly through a specific
authorization
delegation must not create a roving commission but should be canalized within the banks that keep it
from overflowing
THERE MUST not be a total abdication of legislative power to delegate
THE DELEGATION must be circumscribed by legislative restriction
SURRENDER OF LEGISL ATIVE POWER to the delegate is prevented.
NOT necessary that the legislature supply administrative officials with a specific formula for
theirguidance in a field where flexibility and the adaptation of the legislative policy to infinitely
variable conditions constitute the essence of the program
LIBERAL in permitting grants of discretion to administrative agencies in order to facilitate the
administration of laws as the complexity of economic and governmental conditions increases.
THE necessities of modern legislation dealing w/ complicated and serious economic and social
problems have led to judicial approval of broad standards for administrative action;
TESTS OF DELEGATION
1. completeness TEST
2. sufficient standard test
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 enforce it
IF THERE are gaps in the law that will prevent its enforcement until they are first filed the
delegate will have the opportunity to repair the omission through the exercise of the discretion
to determine what the law shall be which is essentially and exclusively legislative
United States VS ang tang ho
THE law incomplete as a legislation when it
authorizes the governor general to define what is
an extraordinary increase in the price of palay
THE LAW MUST OFFER a SUFFICIENT standard to specify the limits of the delegate's
authority announce thelegislative policy and specify the conditions under which it is to be
implemented
among the accepted sufficient standards are public interest, simplicity, economy and efficiency
and public welfare
YNOT VS IAC
A sufficient standard is one which defines legislative policy marks its limits, maps out its boundaries
and specifies the public agency to apply it
it indicates the circumstances under which the legislative command is to be effected
both tests
both tests are intended to prevent a total transference of legislative authority to the delegate who is not
allowed to step into the shoes of the legislature and exercise a power essentially legislative
QUASI- JUDICIAL POWER
the power of the administrative authorities to make determinations of facts in the performance
of their official duties and to apply the law as they construe it to the facts so found
incidental to main function : enforcement of the law
QUASI-JUDICIAL POWER
Judicial power
Summary powers - involving the use by the administrative authorities of force upon persons or things
without the necessity of previous judicial warrant
ex. padlocking by mayor's office of filthy restarants movie houses ,SHOOTING MAD dogs on the
loose, TAKE OVER by the bsp of mismanaged banks and confiscation by customs of articles which
are prohibited per se.
EXAMINING POWER ALLOWS many administrative agencies to actually conduct hearings issue
writs of preliminary injunction and even punish for contempt in relation to its broad power of
investigation or examination
-enables it to inspect the records and premises, and investigate the activities , of persons or entities
coming under its jurisdiction :
1. the issuance of subpoenas
2. swearing in of witnesses
3. interrogation of witnesses
4. calling for production of books papers and records
5. requiring that books papers and records be made available for inspection
6. inspection of premises
7. requiring written answers to questionnaires
8. requiring periodic or special reports
9. requiring the filing of statements
physical and medical examination may also be required in certain cases
10 . dole and bureau of labor standards to inspect factories to determine the owner's compliance or noncompliance with occupational health and safety standards as provided in labor code, or sec of labor or
his duly authorized representative to inspect the premises books of accounts and records of any person
or entity involved in recruitment as well as to require the submission of reports regularly on prescribed
forms
JUSTIFICATION : need of administrative agencies for information which must be made available to
them subject to reasonable limitations to enable them to carry out their basic power of investigation
which is essential to carry out their power to enforce the law
EXERCISE OF POWERS
duties of administrative body are generally considered discretionary esp as they involve the
interpretation or construction and enforcement of law and appreciation of factual questions that
may be submitted to it for resolution
FINDINGS OF THE BODY are generally deferred to by the other departments except only
where they are arrived at w/ such obvious arbitrariness as to constitute a violation of due
process
SOME ADMIN DUTIES are merely ministerial ( LTD REGISTRATION, COMELEC
CERTIFICATE OF CANDIDACY , COA for salaries under certain conditions )= NO
JUDGMENT OR DISCRETION IS required or allowed in their exercise
THE JURIsdiction and powers of administrative agencies are limited to those expressly granted
or necessarily implied from those granted in the legislation creating such bodies
1.INTERPRETATIVE
designed to provide guidelines to the
law which the administrative agency is in
charge of enforcing ;
- those which purport to do no more than
interpret the statute being administered to
say what it means
THEY constitute the administrator's
construction of a statute
THE administrative agency is merely
anticipating what ultimately must be done
by the courts
they are performing a judicial function
than legislative function and interpretative
regulations
have validity in judicial proceedings only
to the extent that they correctly construe
the statute and then it is the statute and not
the regulation to which the indv must
conform
- ISSUED by the admin body as an
incident of its power to enforce the law
and is intended merely to clarify its
provisions for proper observance by the
people
ex. BIR and BSP
regulation is merely persuasive and is
received by the courts with much reSPEct
but not finality
* admin or executive agency renders an
opinion or issues a statement of policy ;
, it merely interprets a pre-existing law
ADMINISTRATIVE INTERPRETATION
of the law is at best advisory for it is the
courts that finally determine what the law
means
RULE : ADMINISTRATIVE
ADMIN agencies are not authorized to substitute their own judgment for any applicable law or
administrative regulation with the wisdom or propriety of which they do not agree
2. legislative
a. supplementary - intended to fill in the details of the law and to make explicit what is
only general
PURPOSE : to enlarge upon a statute subject only to the standards fixed therein to ensure
its effective enforcement in accordance with the legislative will
EX. LABOR CODE - fee IRR DOLE : medical psychological examination, inoculation
certificate, passport, placement fees and like
general banking act instead of directly laying down the rules in detail sec 30 the monetary
board shall prescribe the manner of determining the total assets of banking institutions for
purposes of this section, but contingent accounts shall not be defined as being included
among total assets : SUPPLEMentary regulation providing for the specific rules to be
observed in ascertaining the net worth of banks
b. contingent - it is issued upon the happening of a certain contingency which the
administrative body is given the discretion to determine or to ascertain under and pursuant
to the law , some circumstances on which the law by its own terms makes its own action
depend or to find the facts or conditions properly prescribed under which a law as passed
will or will not operate : putting into effect, applying or suspending a law
admin agencies : allowed to ascertain the existence of particular contingencies and on the
basis enforce or suspend the operation of law
Cruz vs youngberg
SC SUSTAINED a law prohibiting the
importation of cattle which had caused a
rinderpest epidemic but authorizing the gov-gen to
lift the prohibition with the consent of the
presiding officers of the legislature if he should
determine after a fact -finding investigation that
there was no longer any threat of contagion from
cattle
REQUISITES : for admin regulation to be valid :
1. IT promulgation must be authorized by the legislature
* USUALLY CONFERRED by the charter itself of the admin body or by the law it is supposed
to enforce
* SEC OF FINANCE upon recommendation of the cir shall promulgate all needful rules and
regulations of the effective enforcement of the provisions of NIRC
* SEC the power and authority to implement the provisions of corp code and to promulgate
rules and regulations necessary to enable to perform its duties : prevention of fraud and abuses
on the part of the controlling stockholders, members , directors, trustees or officers
* CSC empowered to prescribe amend and enforce suitable rules and regulations for carrying
into effect the provisions of civil service decree
* DOLE irr
* BUREAU DIRECTORS the power to promulgate rules
* regulation is binding on the courts as long as the procedure fixed for its promulgation is
followed
* VALID provided that its scope is within the statutory authority or standard granted by the
legislature
* THE pres can exercise the rule-making power upon his subordinates in the executive
department
JUSTIFICATION : whatever is enjoyed by the admin agencies should be enjoyed by the pres
Araneta vs gatmaitan
Authorization granted by congress in favor of sec
of agriculture and natural resources concerning
trawl fishing
a. the pres shall have control of all executive
departments bureaus offices sec 10 (1) article vii
of constitution
b. eo may be issued by the pres under sec 63 of
the revised admin code governing the gneral
perofrmance OF duties by public employees or
disposing of issues of general concern
c. section 74 of revised admin code all executive
functions of the gov of republic of phil shall be
directly under executive department subj to the
supervision and control of the president of the phil
in matters of general policy
2. it must be within THE SCOPE of the authority given by the legislature
- THE REGULATION promulgated must not be ultra vires or beyond the limits of authority
conferred
an admin agency cannot amend an act of congress
THE power of admin officials to promulgate rules and regulations in the implementation of a
statute is necessarily limited only to carrying into effect what is provided in the legislative
department
* the law cannot be amended by a mere regulation
* REGULATION that operates to create a rule out of harmony with the statute a mere nullity it
cannot prevail
* THE ADMIN AGENCY issuing these regulations may not enlarge alter or restrict the
provisions of the law it administeres; it cannot engraft additional requirements not contemplated
by the legislature
* in case of conflict the law must prevail : a regulation adopted pursuant to law is law
A REGULATION or any portion not adopted pursuant to law is nolaw and has neither force not
the effect of law
* STATUTE IS SUPERIOR to an admin directive and the former cannot be repealed nor
amended by the latter
* ADMIN ISSUANCES seeking to carry into effect an act of congress must be in harmony
with the provisions of law ; they cannot modify nor supplant the same
GREGO VS COMELEC
People vs macaren
BAUTISTA VS JUINIO
ADMIN ISSUANCES must not override but must remain consistent and in harmony with the law they
seek to apply and implement
NO RULE OR REGULATION may alter amend or contravene a provision of law
IRR should conform not clash with the law that they implement
IN CASE OF CONFLICT BET STATUTE AND ADMIN ORDER the statute prevails
PHIL INTERISLAND SHIPPING SOC OF THE EO ISSUED by the pres marcos for purpose of
PHIL VS CA
increasing pilotage fees is a valid statute and
could not be revoked y phil ports authority
reason : the growicng complexities of modern
society, the multiplication of the subj of
government regulations and increased difficulty of
administering the laws made the creation of admin
agencies and delegation to them of legislative
power necessary
WHAT DETERMINES whether an act is a law
or an admin issuance is not its form but its nature
What ought to determine WON an act is a law or admin decree should be its source.
Wage rationalization act minimum wages are determined by congress provided by law subj to revision
by wage boards Should later conditions warrant their revision
LEGASPI VS MINISTER OF FINANCE
Grant of extraordinary legislative power to pres
marcos 1976 amendments to 1973 constitution
loi WHICH FORMED PART OF THE law of the
land wn there existed a Grave emergency or threat
or imminence ot when legislature failed or was
unable to act adequately on a matter
BITO-ONON vs fernandez
DE JESUS VS CSC
DAR VS SUTTON
REASON: provisional rates were by their nature temporary and subj to adjustment and
conformity with the definitive rates approved after final hearing
GLOBE TELECOM INC VS NTC
EVERY party subj to admin regulation deserves
an opportunity to know throguh reasonable
regulations promulgated by the agency of the obj
standards that have to be met a rule integral to due
process as it protects substantive rights
Maceda vs energy regulatory board
FREEDOM FROM DEBT COALITION VS ERC An admin agency may be empowered to approve
provisionally when demanded by urgent public
need rates of public utilities w/o a hearing
the authority to issue provisional orders of rate
adjustments cannot be considered as one of the
powers that the legislature intended the erc to
possess for if it were the intention of the
lawmakers there would not have been a black
hole in the law.
Phil consumers foundation inc vs sec of education The function of prescribing rates by an
culture and spo
administrative agency :
1. legislative - THE GRANT OF PRIOR
NOTICE AND HEARING TO the affectedparties
is not a requirement of due process
regards rates prescribed by an administrative
agency in the exercise of its quasi-judicial
function prior notice and hearing are essential to
the validity of such rates
ex. when rules and/or rates laid down by an
administrative agency are meant to apply to all
enterprises of a given kind throughout the country
ex. prescribes maximum school fees that may be
charged by all private schools in the country
2. adjudicatory function WHEN the rules and
rates imposed apply exclusively to a particular
party based upon a finding of fact
BPI LEASING CORP VS CA
CIR VS CA
Rubencia vs csc
BALBUNA VS SEC
Ppa vs coa
Misamis oriental assoc of coco traders inc vs dept Gen required : before a legislative rule is adopted
of finance sec
there must be a hearing
Building code : irr shall take effect after their publication once a week for 3 consecutive weeks or the
CARL
admin code : every agency shall filed with the up law center 3 certified true copies of every rule
adopted by it
RULES in force on the date of effectivity of this code which are not filed w/in 3 moths from that date
shall not be the basis of any sanction against any person/s
AGENCY shall take appropriate measures to make emergency rules known to persons who may be
affected by them
admin issuances w/c are not published or filed w/ the national admin register as required by admin
code ineffective
admin code of 1987 :
PUBLIC PARTICIPATION
a. if not otherwise required by law an agency shall publish or circulate notices of proposed rules
and afford interested parties the opportunity to submit their views prior to the adoption of any
rule-making
b. in fixing rates : no rule or final order shall be valid unless the proposed rates shall have been
published in a news paper of general circulation atleast 2 weeks before first hearing
c. opposition the rules on contested cases shall be observed
+ pubLISH
4. it must be reasonable.
Statutes admin regulations promulgated thereunder must not be unreasonable or arbitrary as to
ADMIN REGULATION prescribing for prime commodities ceiling prices below the cost of acquisition
would be oppressive and confiscatory and violative of right to property under the due process clause
PENAL REGULATIONS
the power to define and punish crime is exclusively legislative and may not be delegated to the
admin authorities
admin regulations may have the force and effect of law their violation cannot give rise to
criminal prosecution unless the legislature makes such violation punishable and imposes the
corresponding sanctions
THE ADMIN AUTHORITIES cannot prescribe such penalties
fortiori IS NOT EMPOWERED TO IMPOSE PUNISHMENT for violation of a statue which
is not by its terms penal in nature
PEOPLE VS Santos
Act 4003 DOES NOT CONTAIN a provision
prohibiting boats not subj to license to fish w/in
the stipulated areas w/o written permission of the
secretary
SINCE the act itself does not contain such
prohbition the rules and regulations promulgated
by sec of agriculture to carry into effect the
provisions of the law cannot incorporate such
prohbition
US VS PANLILIO
PRINCIPLE: statutes including admin rules and regulations operate prospective only unless the
legislative intent to the contrary is manifest by express terms or by necessary implication
ADMIN REGULATION contravene statute is invalid
the intention may usually be discovered in the measure itself or through the use of extrinsic aids like
interpretation given by the admin body the problem sought to be corrected by the rule the conditions
obtaining at the time of its promulgation and the like
PROSPECTIVE unless the contrary is intended
OPINIONS OF THE SEC OF JUSTICE are material in construction of statutes in pare materia
INTERPRETATION given to a rule or regulation by those charged w/ its execution is
entitled to its greatest weight by the court construing such rule or regulation and such
interpretation will be ff. Unless it appears to be clearly unreasonable or arbitrary
AO may revoke, repeal or abrogate the acts or previous rulings of his predecessor in office
CONSTRUCTION of a statue by those administering it is not binding on their successors if the
latter becomes satisfied that a different construction should be given
ENFORCEMENT
the power to promulgate admin regulations carries w/ it implied power to enforce them
JUDICIAL ACTION : PETITION FOR MANDAMUS AND INJUNCTION or through
sanctions that the statute itself may allow the admin body to impose
ex. DTI may be authorized by law to padlock a store found
optical media board authorized by law to confiscate pirated videotapes and institute
criminal suits for violations of laws on intellectual creations
the statue creating the admin body that will provide for the means by w/c the admin regulations will be
enforced although the judicial actions may also be available
PERALTA VS CA
AMENDMENT OR REPEAL
-admin regulation is subj to amendment or repeal by the authorities that promulgated them in the first
place
THE ADMIN REGULATION may be changed directly by the legislature
ADMIN BODY itself : its power to issue regulation is not once exercised deemed exhausted
THIS POWER may be exercised as often as it becomes necessary to adjust the regulation to the
changing circumstances surrounding the subj or the problem sought to be solved or alleviated by the
rule