Power vs.

Function

Function
that which one is

bound to do that which it is ones business to do

Power
the means by

which a function is fulfilled

Sources of Power
1)Constitution

2)Charter/ Statute

Classification of Powers AS TO NATURE

1) Quasi-Legislative Powers

2) Quasi-Judicial Powers
3) Determinative Powers 4)Investigatory Powers

Classification of Powers AS TO THE DEGREE OF SUBJECTIVE CHOICE

1) Discretionary Powers

2) Ministerial Powers

Quasi-Legislative Powers
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

Quasi-legislative power vs. LEGISLATIVE power

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.
1.

It involves the power to ascertain facts/conditions that makes the law operative

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature. 2. It must be within the scope of the authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure. 4. It must be reasonable.

Requirement of Publication
Administrative Regulations that MUST be published:
1. Administrative regulations of

GENERAL application. 2. Administrative regulations which are PENAL in nature. 3. When the law specifically requires notice and hearing

Requirement of Publication
Administrative Regulations that DO NOT NEED to be published:
1. 2.

3.

INTERPRETATIVE regulations INTERNAL RULES AND REGULATIONS governing the personnel of the administrative agency. Letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates.

Rule Making Powers of the President

(Ordinance Power of the President)

EXECUTIVE ORDERS
acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers

ADMINISTRATIVE ORDERS
acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head

PROCLAMATIONS
acts of the President providing fixing a date or declaring a status or condition of a public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend

MEMORANDUM ORDERS
acts of the President which relate to matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the government

MEMORANDUM CIRCULARS
acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information or compliance

GENERAL/SPECIAL ORDERS acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines

Administrative Issuances of Secretaries and Heads of Bureaus , Offices or Agencies

Administrative CIRCULARS
shall refer to issuances prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to

individuals and organizations outside the government and

designed to supplement provisions of the law

Administrative ORDERS
shall refer to issuances directed to

particular offices, officials, or employees, concerning specific

matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned

Significance of Administrative Rule-Making Power

Significance of Administrative Rule-Making Power

Regulation of highly complex

and changing conditions Gradual change in regulatory role of Congress Inability of legislative bodies to anticipate future situations

FACTS OF THE CASE

Professional Regulation Commission (PRC) issued Resolution No. 105 as part of its "Additional Instructions to Examinees," to all those applying for admission to take the licensure examinations in accountancy. The resolution embodied the following pertinent provisions:

FACTS OF THE CASE

"No examinee shall attend any review class, briefing, conference or the like conducted by, or shall receive any hand-out, review material, or any tip from any school, college or university, or any review center or the like or any reviewer, lecturer, instructor official or employee of any of the aforementioned or similar institutions during the three days immediately preceding every examination day including the examination day. "Any examinee violating this instruction shall be subject to the sanctions prescribed by Sec. 8, Art. III of the Rules and Regulations of the Commission."

FACTS OF THE CASE

On October 16, 1986, herein petitioners, all reviewees preparing to take the licensure examinations in accountancy scheduled on October 25 and November 2 of the same year, filed with the Regional Trial Court of Manila, Branch XXXII, a complaint against respondent PRC to restrain the latter from enforcing the above-mentioned resolution and to declare the same unconstitutional.

Issue OF THE CASE

Is the questioned ADMINISTRATIVE RESOLUTION valid? Is it reasonable?

DECISION of the COURT

NO, the resolution is unreasonable .

DECISION OF THE COURT

Indeed, the questioned resolution was adopted for a commendable purpose which is "to preserve the integrity and purity of the licensure examinations." However, its good aim cannot be a cloak to conceal its constitutional infirmities.

DECISION OF THE COURT

On its face, it can be readily seen that it is unreasonable in that an examinee cannot even attend any review class, briefing, conference or the like, or receive any hand-out, review material, or any tip from any school, college or university, or any review center or the like or any reviewer, lecturer, instructor, official or employee of any of the aforementioned or similar institutions . . .

DECISION OF THE COURT

The unreasonableness is more obvious in that one who is caught committing the prohibited acts even without any ill motives will be barred from taking future examinations conducted by the respondent PRC. Furthermore, it is inconceivable how the Commission can manage to have a watchful eye on each and every examinee during the three days before the examination period.

DECISION OF THE COURT

It is an axiom in administrative law that administrative authorities should not act arbitrarily and capriciously in the issuance of rules and regulations. To be valid, such rules and regulations must be reasonable and fairly adapted to secure the end in view. If shown to bear no reasonable relation to the purposes for which they are authorized to be issued, then they must be held to be invalid.

Investigatory Powers
power to inspect, secure, or require the disclosure of information by means of accounts, records, reports, statements and testimony of witnesses.

Investigatory Powers
It consists in gathering, organizing, and analyzing evidence, which is a useful aid or tool in administrative agencys performance of its rule making or quasi-judicial functions

Facts of the Case

A complaint was filed by the CIR against CATURA and SALVADOR, officers of a labor organization, charging them with unauthorized disbursement of UNION funds and demanding from them a full and detailed report of all financial transactions of the UNION and to make books of accounts and other records open to inspection by the members. However, CATURA and SALVADOR refused.

Issue of the Case

Does the Court of Industrial Relations (now the NLRC) have the POWER to exercise its INVESTIGATORY powers against a labor organization?

Decision of the Court

The power to investigate, requires an inquiry into existing facts and conditions. The documents required to be produced constitutes evidence of the most solid character as to whether or not there was a failure to comply with the mandates of the law.

Decision of the Court

The authority conferred on administrative agencies to assure the effective administration of a statute is intended to protect the rights of union members against its officers.

Quasi-Judicial Powers
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. It partakes of the judicial, but is exercised by a person other than a judge

Quasi-Judicial Powers
it may include INVESTIGATORY

POWERS Subpoenas Power to Cite in Contempt Warrants of Arrest Administrative Searches Imposition of Fines and Penalties

Investigatory Powers
power to inspect, secure, or require the disclosure of information by means of accounts, records, reports, statements and testimony of witnesses.

Power to issue SUBPOENA

Power to CITE in CONTEMPT

Power to ISSUE WARRANTS OF ARREST

Quasi-Judicial Powers Administrative

Searches Imposition of Fines and Penalties

It can be either:
1. LEGISLATIVE If the rules/rates are meant to apply to all enterprises of a given kind throughout the country, prior notice and hearing is NOT required. 2. QUASI-JUDICIAL If the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact, prior notice and hearing is REQUIRED.

Facts of the Case

On October 10, 2003, MERALCO filed with the

ERC an Application for an increase in rates. On October 29, 2003, petitioner Freedom from Debt Coalition (FDC) filed an opposition to MERALCOs Application On November 27, 2003, respondent Energy Regulatory Commission (ERC), provisionally authorized respondent Manila Electric Company (MERALCO) to increase its rates by an average amount of twelve centavos (P0.12) per kilowatt hour.

Issue of the Case May an administrative agency, like the ERC, grant provisionally, an increase in the rates of public utilities?

Decision of the Court

YESThe ERC is endowed with the statutory authority to approve provisional rate adjustments under the aegis of Sections 44 and 80 of the Electric Power Industry Reform Act of 2001 (EPIRA).

Decision of the Court

The principal powers of the ERB relative

to electric public utilities transferred to the ERC are the following: 1. To regulate and fix the power rates to be charged by elective companies 2. To issue certificates of public convenience for the operation of electric power utilities 3. To grant or approve provisional electric rates.

The action of an administrative agency in granting or denying, or in suspending or revoking a license, permit, franchise, or certificate of public convenience is an ADMINISTRATIVE QUASI-JUDICIAL FUNCTION

Facts of the Case

On March 21, 1980, at about 5:00 o'clock in the afternoon, a joint team composed of agents from the FDA and narcotics agents from the Philippine Constabulary conducted a "test buy" at San Sebastian Drug Store and was sold 200 tablets of Valium, 10 mg. worth P410.00 without a doctor's prescription

Facts of the Case

On April 17, 1980, Mayor's Permit No. 1954, effective April 18, 1980, was revoked "for rampant violation of R.A. 5921, otherwise known as the Pharmacy Law and R.A. 6425 or the Dangerous Drugs Act of 1972.

Facts of the Case

Acting on the same investigation report of the "test-buy," and after hearing, FDA Administrator Arsenio Regala, on April 25, 1980, directed the closure of the drug store for three days and its payment of a P100.00 fine for violation of R.A. No. 3720.

ISSUE of the Case

Does the Food and Drugs Authority (FDA) have the power to revoke the license of the San Sebastian Drug Store in its exercise of adjudicatory powers?

Decision of the Court

YES The power to approve a license includes by implication, even if not expressly granted, the power to revoke it.

Decision of the Court

The Food and Drug Administration was created under R.A. No. 3720 to insure safe and good quality supply of food, drug and cosmetics, and to regulate the production, sale and traffic of the same to protect the health of the people.

Decision of the Court

For a more effective exercise of this function, the Department of Health issued an order laying down the requirements for the application to be filed with the FDA for authorization to operate or establish a drug establishment. The order provides that upon approval of the application, the FDA shall issue to the owner or administrator of the drug store or similar establishment a "License to Operate."

Decision of the Court

The power to approve a license includes by implication, even if not expressly granted, the power to revoke it. By extension, the power to revoke is limited by the authority to grant the license, from which it is derived in the first place.

Decision of the Court

Thus, if the FDA grants a license upon its finding that the applicant drug store has complied with the requirements of the general laws and the implementing administrative rules and regulations, it is only for their violation that the FDA may revoke the said license.

Determinative Powers
ENABLING powers DIRECTING powers

DISPENSING powers
SUMMARY powers EQUITABLE powers

 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

 DIRECTING powers
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

 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.

 SUMMARY powers
Those that apply compulsion or force

against person or property to effectuate a legal purpose without a judicial warrant authorizing such action; usually without notice and hearing. Ex. Abatement of nuisance, summary restraint, levy of property of delinquent taxpayers

 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

1) Discretionary Powers
2) Ministerial Powers

Discretionary Powers
the power or right conferred upon them by law to act officially under the circumstances, according to the dictates of their own judgment/conscience

Ministerial Powers

nothing is left to discretion; a duty performed in response to what has been imposed by law