Professional Documents
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ADMINISTRATIVE LAW
Powers of Administrative Agencies
1. Quasi-legislative power / Power of subordinate legislation
2. Quasi-judicial power/Power of adjudication
3. Determinative powers (Note:Senator Neptali Gonzales calls them incidental powers)
Definition of "Quasi-legislative power"
It is 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.
Distinctions between Quasi-legislative power and legislative power
1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASIlegislative power only involves the discretion to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.
Tests of Delegation (applies to the power to promulgate administrative regulations )
1. COMPLETENESS test. This means that 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 to enforce it.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the
limits of the delegates authority, announce the legislative policy and specify the conditions
under which it is to be implemented.
Definition of Quasi-Judicial Power
It is the power of 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.
The exercise of this power is only incidental to the main function of administrative authorities,
which is the enforcement of the law.
Determinative Powers
1.ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and would be
unlawful without government approval.
Ex. Issuance of licenses to engage in a particular business.
2.DIRECTING powers
1
Those that involve the corrective powers of public utility commissions, powers of assessment
under the revenue laws, reparations under public utility laws, and awards under workmens
compensation laws, and powers of abstract determination such as definition-valuation,
classification and fact finding
3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or authority to
relieve from an affirmative duty. Its difference from licensing power is that dispensing power
sanctions a deviation from a standard.
4. SUMMARY powers
Those that apply compulsion or force against person or property to effectuate a legal purpose
without a judicial warrant to authorize such action. Usually without notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers
5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of facts. It refers to
the right to, and must, consider and make proper application of the rules of equity.
Ex. Power to appoint a receiver, power to issue injunctions
Kinds of Administrative Regulations
DISTINCTIONS
1. Capacity that administrative
agency is acting in
2. What administrative agency
is doing
3. Force and effect
LEGISLATIVE
Legislative
INTERPRETATIVE
Judicial
1. This doctrine states that courts cannot or will not determine a controversy which requires the
expertise, specialized skills and knowledge of the proper administrative bodies because
technical matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative proceeding before a remedy will be
supplied by the court even though the matter is within the proper jurisdiction of a court.
Doctrine of Prior Resort
When a claim originally cognizable in the courts involves issues which, under a regulatory
scheme are within the special competence of an administrative agency, judicial proceedings will
be suspended pending the referral of these issues to the administrative body for its view.
Note: The doctrines of primary jurisdiction and prior resort have been considered to be
interchangeable.
Doctrine of Exhaustion of Administrative Remedies
1. Under this doctrine, an administrative decision must first be appealed to the administrative
superiors up to the highest level before it may be elevated to a court of justice for review.
2. Reasons :
a. to enable the administrative superiors to correct the errors committed by their
subordinates.
b. courts should refrain from disturbing the findings of administrative. bodies in
deference to the doctrine of separation of powers.
c. courts should not be saddled with the review of administrative cases
d. judicial review of administrative cases is usually effected through special civil
actions which are available only if their is no other plain, speedy and adequate
remedy.
3. Exceptions
a. when the question raised is purely legal, involves constitutional questions
b. when the administrative body is in estopped
c. when act complained of is patently illegal
d. when there is urgent need for judicial intervention
e. when claim involved is small
f. when irreparable damage is involved
g. when there is no other plain, speedy , adequate remedy
h. when strong public interest is involved
I. when the subject of controversy is private land
j. in quo warranto proceedings
k. When the administrative remedy is permissive, concurrent
l. utter disregard of due process
m. long-continued and unreasonable delay
n. amount involved is relatively small