Phil Assoc of Service Exporters v Torres 212 SCRA 298 The vesture of quasi-judicial and quasi-legislative powers in administrative

bodies is not unconstitutional, unreasonable and oppressive. It has necessitated by the growing complexity of the modern society. In the ruling of Tanada v. Tuvera administrative rules and regulations must also be published if their purpose is to enforce or implement existing laws pursuant to valid delegation. The Court ruled that the publication must be in full or it is no publication at all since its purpose is to inform the public the content of the laws. For lack of proper publication, the administrative circulars in question may not be enforced. US v Ang Tang Ho GR No. 17122, Feb 27, 1992 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 Governor General to make rules a regulations to carry it into effect, then the Legislature created the law, there is no delegation of power and it is valid. On the other hand, if the act within itself does not define a crime and not complete, the act is a delegation of legislative power, is unconstitutional and void. The power to legislate and enact laws is vested exclusively in the legislature. In the instant case, the rice was the personal private right of the defendant and it is a violation to the defendants constitutional rights. The issuance of the proclamation by the Governor General was the exercise of the delegated power, and was even a sub-delegation of that power Ynot v IAC 148 SCRA 659 It has already been remarked that there are occasions when notice and hearing may be validly dispensed with notwithstanding the usual requirement for these minimum guarantees of due process. It is also conceded that summary action may be validly taken in administrative proceedings as procedural due process is not necessarily judicial only. 20 In the exceptional cases accepted, however. there is a justification for the omission of the right to a previous hearing, to wit, the immediacy of the problem sought to be corrected and the urgency of the need to correct it. In the case before us, there was no such pressure of time or action calling for the petitioner's peremptory treatment. The properties involved were not even inimical per se as to require their instant destruction. There certainly was no reason why the offense prohibited by the executive order should not have been proved first in a court of justice, with the accused being accorded all the rights safeguarded to him under the Constitution. Considering that, as we held in Pesigan v. Angeles, 21 Executive Order No. 626-A is penal in nature, the violation thereof should have been pronounced not by the police only but by a court of justice, which alone would have had the authority to impose the prescribed penalty, and only after trial and conviction of the accused. Dept. Of Agrarian Reform v Sutton GR No. 162070, Oct. 19, 2005 Administrative agencies are endowed with powers legislative in nature. Delegated rule-making has become a practical necessity in modern governance due to increasing complexity and variety of governmental functions. However, while administrative rules and regulations have force and effect of law, they are not immune to judicial review. Administrative rules and regulation must be issued by authority of a law and must not contravene the constitution. The DAR has no power to regulate livestock farms which have been exempted by the Constitution from the coverage of agrarian reform. The rulemaking power of an administrative agency may not be used to abridge authority given to it by Congress r Constitution.

Solicitor General v MMA 204 SCRA 837 Requisites of valid delegation of legislative power to promulgate measures: 1. Completeness of the statute making the delegation 2. Presence of a sufficient standard Under the first requirement, the statute must leave the legislature complete in all its terms and provisions such that all the delegate will have to do when statute reaches it is to implement it. The second requirement, the enforcement may be effected only in accordance with sufficient standard, the function of which is to map out the boundaries of the delegates authority and thus prevent the delegation from running riot. Boie Takeda Chemicals v Dela Serna 228 SCRA 329 It is a fundamental rule that implementing rules cannot add to or detract from the provisions of the law it is designed to implement. Administrative regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law they are intended to carry into effect. They cannot widen its scope. An administrative agency cannot amend an act of Congress.