Powers of Administrative Agencies 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
1. Quasi-legislative power / Power of subordinate legislation
enforcement of the law.
2. Quasi-judicial power/Power of adjudication
Determinative Powers
3. Determinative powers (Note: Senator Neptali Gonzales calls
1. ENABLING powers
them incidental powers)
Those that PERMIT the doing of an act which the law undertakes to regulate
Definition of Quasi-legislative power
and would be unlawful without government approval.
It is the authority delegated by the law-making body to the administrative
Ex. Issuance of licenses to engage in a particular business.
body to adopt rules and regulations intended to carry out the provisions of a
law and implement legislative policy. 2.DIRECTING powers

Distinctions between Quasi-legislative power and legislative power
1. LEGISLATIVE power involves the discretion to determine what the
law shall be. QUASI-legislative 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
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.
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Ex. Power to appoint a receiver, power to issue injunctions Need for Previous Notice and Hearing

Kinds of Administrative Regulations 1. General Rule: Administrative rules of GENERAL application do NOT
require previous notice and hearing.
DISTINCTIONS LEGISLATIVE INTERPRETATIVE
2. Exception: When the legislature itself requires it and mandates that
the regulation shall be based on certain facts as determined at an
1. Capacity that
appropriate investigation.
administrative
agency is acting in Legislative Judicial 3. If the regulation is in effect a settlement of a controversy between
specific parties, it is considered an administrative adjudication,
It supplements requiring notice and hearing.
2. What the statute by Prescribing of Rates It can be either:
administrative filling in the It says what the statute
agency is doing details means 1. LEGISLATIVE

If the rules/rates are meant to apply to all enterprises of a given kind

Legislative throughout the country.
regulations have
the force and No prior notice and hearing is required.
effecr of law 2. QUASI-JUDICIAL
immediately upon
going into effect. If the rules and rates imposed apply exclusively to a particular party, based
Such is accorded Merely upon a finding of fact. Prior notice and hearing is required.
by the courts or persuasive/Received by Requirement of Publication
by express the courts with much
provision of respect but not Administrative Regulations that MUST be published:
3. Force and effect statute. accorded with finality
1. Administrative regulations of GENERAL application.
Requisites of a Valid Administrative Regulation 2. Administrative regulations which are PENAL in nature.
1. Its promulgation must be authorized by the legislature. Administrative regulations that do NOT NEED to be PUBLISHED:
2. It must be within the scope of the authority given by the legislature. 1. Interpretative regulations
3. It must be promulgated in accordance with the prescribed 2. Internal rules and regulations governing the personnel of the
procedure. administrative agency.
4. It must be reasonable
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 1. Letters of instruction issued by administrative superiors concerning
guidelines to be followed by their subordinates. (Tanada v. Tuvera)
Special Requisites of a Valid Administrative Regulation with a PENAL
sanction
1. The law itself must make violation of the administrative regulation
punishable.
2. The law itself must impose and specify the penalty for the violation
of the regulation.
3. The regulation must be published.
Requisites for Proper Exercise of Quasi-Judicial Power
1. Jurisdiction
2. Due process
Administrative Due Process : Requirements
1. Right to Notice, be it actual or constructive
2. Reasonable opportunity to appear and defend his rights and to
introduce witnesses
3. Impartial tribunal with competent jurisdiction
4. Finding or decision supported by substantial evidence
Exceptions to the Notice and Hearing Requirement
1. Urgency of immediate action
2. Tentativeness of the administrative action
3. Right was previously offered but not claimed
4. Summary abatement of a nuisance per se
5. Preventive suspension of a public servant facing administrative
charges
6. Padlocking of filthy restaurants/theaters showing obscene movies
7. Cancellation of a passport of a person sought for criminal
prosecution
8. Summary distraint and levy of properties of a delinquent taxpayer
9. Replacement of a temporary or acting appointee
Questions Reviewable on Judicial Review:
1. Questions of FACT
The general rule is that courts will not disturb the findings of administrative
agencies acting within the parameters of their own competence so long as
such findings are supported by substantial evidence. By reason of their
special knowledge, expertise, and experience, the courts ordinarily accord
respect if not finality to factual findings of administrative tribunals.
2. Question of LAW
Administrative decision may be appealed to the courts independently of
legislative permission.
It may be appealed even against legislative prohibition because the judiciary
cannot be deprived of its inherent power to review all decisions on
questions of law.
Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency
prior to its completion or finality, the reason being that absent a final order
or decision, power has not been fully and finally exercised, and there can
usually be no irreparable harm.
EXCEPTIONS: Interlocutory order affecting the merits of a controversy;
Preserve status quo pending further action by the administrative agency;
Essential to the protection of the rights asserted from the injury threatened;
Officer assumes to act in violation of the Constitution and other laws; Order
not reviewable in any other way; Order made in excess of power
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Doctrine of Primary Jurisdiction
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.
1. Reasons :
1) to enable the administrative superiors to correct the err
ors committed by their subordinates.
2) courts should refrain from disturbing the findings
of administrative.
bodies in deference to the doctrine of separation of po
wers.
3) courts should not be saddled with the review
of administrative cases
4) 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
1. in quo warranto proceedings
2. When the administrative remedy is permissive, concurrent
3. utter disregard of due process
4. long-continued and unreasonable delay
5. amount involved is relatively small
6. when no administrative review is provided
7. respondent is a department secretary (DOCTRINE OF QUALIFIED
POLITICAL AGENCY ALTER EGO DOCTRINE)
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Substantial evidence defined to mean not necessarily preponderant proof
as required in ordinary civil cases but such kind of relevant evidence which a
reasonable mind might accept as adequate to support a conclusion.

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