Admin(II) accommodate
1. Review of past lesson/Stock knowledge drill
-Broad and narrow definition of administrative Law
-Doctrine of qualified political agency
2. Powers and functions of administrative agencies/Source thereof (pp. 58-192, De Leon)
a. Constitution
b. Statutes under which administrative agency claims to act
3. Scope of powers/Extent of powers
a. Investigative or advisory (executive or administrative)
b. quasi-legislative or rule making
c. quasi-judicial, determinative or adjudicatory powers
4. Nature of powers
Jurisdiction and powers are measured and limited by the constitution or law creating them.
Administrative bodies possess only such powers and authority conferred to them by the constitution
or specifically granted to them by their enabling statutes and those that may ne necessarily implied
in the exercise thereof or incidental to the attainment of their purposes. Administrative agencies have
no inherent powers, their powers cannot be assumed nor can such powers be conferred by court.
Read: Makati Stock Exchange vs. SEC, 14 SCRA 620
Statutes conferring powers on admin agencies must be liberally construed to enable them to
discharge their assigned duties in accordance with the legislative purpose.
Read: Matienzo vs. Abellera,162 SCRA 11
A. Investigatory powers
It includes 1) inspection of records and premises 2) investigation of the activities of persons or
entities coming under its jurisdiction 3) or securing, requiring the disclosure of information by means
of records, reports, statements, testimony of witnesses and production of documents.
It is a useful aid or tool in the agency’s performance of its rule-making or quasi-judicial functions (eg.,
LTFRB re Uber, Grab Car, ERC re price manipulation of power producers ,etc.).
As distinguished from judicial functions, the latter is the power and authority to adjudicate upon the
rights and obligations before it. The power to investigate consists only of investigating the facts and
making findings and recommendations thereto. In admin proceedings, respondent has the option of
engaging the services of counsel or not.
An agency can only compel attendance and presence of witnesses and punish for contempt in case
of non-compliance if such powers have been conferred upon it. In admin proceedings, technical
rules of procedure and evidence are not required.
Read: Catura vs. Court of Industrial Relations 37 SCRA 303
[Link]- making powers
1. Basic principles(pp.193-225):
-Doctrine of separation of powers
-Doctrine of non-delegation of powers
-Doctrine of non-delegation not absolute
-Need for delegation
Rule making power simply means the power to make rules and regulations necessary to carry out its
functions and to implement the law it is entrusted to enforce. It is also called administrative
legislation, delegated legislation, ordinance making and quasi-legislation. The statutory grant of
rule-making power to administrative agencies is a valid exception on non-delegation of
legislative power provided 2 conditions are present namely:
a. The statute is complete in itself, setting forth the policy to be executed by the agency.
b. The statute fixes a standard and fixes the boundaries of the agency’s authority.
A valid rule or regulation duly promulgated by an administrative agency has the force and effect of
law and is binding on the agency and all those dealing with the agency.
An administrative agency may make only rules and regulations within the limits of the power s
granted to it by the law creating it and in case of conflict between the basic law and the rule or
regulation, the former prevails. Rule promulgation of administrative agencies cannot override,
supplant, modify or amend the law but must remain consistent with the law they intend to carry out.
-Legislative and interpretative rules- The power to create new and additional provisions that have the
effect of law is legislative while interpretative rules interpret existing laws and provide guidelines to
the law that they interpret (rendering of an opinion, statement of policy). The distinction is important
because due process generally apply to legislative rulings. Legislative rules may require notice and
hearing if the law so requires and the rule adds a burden to the governed. Publication is also
required for legislative rulings except if they are internal regulations.
1.) Effect of valid rules or regulations (pp. 147-, De Leon)
2.) Amendment/Repeal of administrative rules and regulations (pp.151-172)
-compliance with due process (notice and hearing)
-no retroactivity
-not bound by the doctrine of res judicata
3.) Requirements of Notice, hearing and publication(p.166, De Leon)
Read: KMU Labor Center vs. Garcia, 239 SCRA 386(only on the issue of the fare range scheme)
C. Adjudicatory powers
Otherwise known as quasi-judicial function, it is a term which applies to the actions, discretion, et., of
public administrative officers or bodies that are required to investigate facts, ascertain the existence
of facts, hold hearings and draw conclusions from them as a basis for their official action and to
exercise discretion of judicial nature. A government agency performs adjudicatory functions when it
renders decisions or awards that determine the rights of adversarial parties which have the same
binding effect as a judgment of a court of law that even the courts of justice have to respect.
a. Extent/Limitation (pp. 231-235, De Leon)
Depends largely on enabling act and the grant of power must be found in the law itself.
1) A statute passed by Congress must be clear in its terms when clothing administrative bodies with
quasi-judicial functions, and such conferment cannot be implied from a mere grant of power to a
body or agency.
2) The delegation by Congress to executive or administrative agencies of functions of judicial, or at
least quasi-judicial functions which are incidental to the exercise by such agencies of their
executive/administrative powers is not a violation of the doctrine of separation of powers.
Read:
Miller vs. Mardo G.R, No. L-15138,
PHILEX Mining Corp. vs. Zaldivia 43 SCRA 479
MCostelo
