100558645 administrative law summary

8/18/2019 100558645 Administrative Law Summary

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CH.3: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES

A. IN GENERAL

Function – that which one is bound to do or which it is one’s business to do.

Power – the means by which a function is fulfilled.

Sources:

• Constitution

• Statute creating it

NOT: Failure to e!ercise "owers granted to administrati#e agencies does not forfeit or e!tinguish such"owers.

Scope:

$. !"ress and im"lied "owers

%urisdiction and "owers of &&s are measured and limited' by the Constitution or law creating them' tothose conferred e!"ressly or by necessary or fair im"lication.

(O)*+' statues conferring "owers on &&s must be l!er"ll# co$s%rue& to enable them todischarge their assigned duties in accordance with the legislati#e "ur"ose.

&n && has ON,- such "owers as are e!"ressly granted to it by law' but it has &,SO such "owers asare necessarily im"lied in the e!ercise of its e!"ress "owers.

• )here a general "ower is conferred or duly enoined by law' e#ery "articular "ower necessary

for the e!ercise of one or the "erformance of another is also conferred.

/. 0nherent "owers

&n && has no inherent "ower.

NOT: Sometimes' im"lied "owers are referred to as inherent.

1. 2uasi3udicial "owers

4nless e!"ressly em"owered' &&s are bereft of 5uasi3udicial "owers. The e!tent to which an && maye!ercise gi#en udicial "owers de"ends largely' if not wholly' on the statute em"owering such agency.(O)*+' they ha#e in their fa#or the "resum"tion of regularity in the "erformance of official function.

N"%ure o' po(ers:

0n general' the urisdiction of &Os and &&s is s"ecial and limited. (O)*+' the "owers conferredmust be commensurate with the duties to be "erformed and the "ur"oses to be lawfully effected.Powers of &6s ha#e been held broad and "lenary within their fields' and only in cases of manifestabuse may a court interfere.

NOTS: Persons dealing with &Os or &&s must ta7e notice of their authority to act' and are chargwith the 7nowledge of any and all limitations on their "ower.

& go#t. agency must res"ect the "resum"tion of constitutionality and legality of a statute8regulatisuch is re"ealed or amended by the legislature' or otherwise set aside in an a""ro"riate case bycom"etent court.

Me"$$) o' "&*$s%r"%+e po(er or 'u$c%o$:

The term &P or &F is a con#enient rather than a technical term.

&n &P is said to be any "ower not e!"licitly allocated in the Constitution' although in its nature'legislati#e' e!ecuti#e' or udicial.

0ncludes:

3 "owers which may be in#ested in agencies other than the legislature without delegatinglegislati#e "owers9

3 "owers which may be #ested in agencies other that courts without infringing u"on the u"ower9 and

3 functions which may not be im"osed u"on a member of the udiciary.

ost im"ortant &F is the e!ercise of udgment and discretion which statues ha#e #ested in theadministrati#e agency. 0n the e!ercise of 5uasi3udicial functions' &6s must not be too dogmatic arestrict themsel#es to literal inter"retation of words and "hrases. & com"lete and wholistic #iew isneeded to render a ust and e5uitable udgment.

Cl"ss'c"%o$ o' po(ers:

&s to nature:

$. in#estigatory/. 5uasi3legislati#e or rule3ma7ing1. 5uasi3udicial or adudicatory

&s to degree of subecti#e choice:

,. Dscre%o$"l

;iscretion – the "ower of right conferred u"on them by law of acting officially under certaincircumstances' according to the dictates of their own udgment and conscience' and not contby the udgment or conscience of others.

ssence is that the "erson e!ercising it may choose which of se#eral courses will be followe

/. M$s%er"l

& ministerial duty is one in res"ect to which nothing is left to discretion. 0t is a sim"le' definitearising under the conditions admitted or "ro#ed to e!ist' and im"osed by law.


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& ministerial act is one "erformed in res"onse to a duty which has been "ositi#ely im"osed by lawand its "erformance re5uired at a time and in a manner or u"on conditions s"ecifically designated'the duty to "erform under the conditions s"ecified not being de"endent u"on the officer’s udgmentor discretion.

-. INVESTIGATOR POWERS

I$+es%)"%or# po(ers $ )e$er"l:

0n#estigatory or in5uisitorial "owers include the "ower of an &6 to ins"ect the records and "remises'

and in#estigate the acti#ities of "ersons or entities coming under its urisdiction' or to secure' or tore5uire the disclosure of information by means of accounts' records' re"orts' statements' testimony ofwitnesses' "roduction of documents' or otherwise.

Tes% %o &e%er*$e (/e%/er "$ A- s e0ercs$) 1u&c"l 'u$c%o$s or *erel# $+es%)"%or#'u$c%o$s:

3 0f the only "ur"ose for in#estigation is to e#aluate e#idence submitted before it based on thefacts and circumstances "resented to it' and if the agency is not authori

/. Conduct of 0n#estigation

4sually "ri#ate9 so conducted that harmful "ublicity will not be used in lieu of sanctions "ro#ided bylaw

1. 0ns"ection and !amination?. +e5uirements as to accounts' records' re"orts' or statements@. +e5uiring attendance of witnesses' gi#ing of testimony' and "roduction of e#idence

Not inherent to &&s9 usually conferred by statute e#en for "ur"oses not 5uasi3udicial.

Com"ulsion e!erted through udicial "rocess.

A. (earing =NOT necessary "art of in#estigation>B. Contem"t Proceedings

ay "unish for contem"t' but such "ower may be e!ercised only through a statutory grant of

. &""lication of technical rules of "rocedure and e#idence =NOT strictly a""lied>

R)/% %o cou$sel $ "&*$s%r"%+e $+es%)"%o$s:

$. (earing NOT "art of criminal "rosecution.

& "arty in an administrati#e in5uiry may or may not be assisted by counsel' irres"ecti#e of the nathe charges and of the res"ondent’s ca"acity to re"resent himself' and no duty rests on such bodfurnish the "erson being in#estigated with counsel.

+ight to counsel not always im"erati#e because such in5uiries are conducted merely to determinwhether there are facts that merit disci"linary measure against erring "ublic officers and em"loye

/. !clusionary rule in custodial in#estigation NOT a""licable.

C. RULE2MAING POWERS

I$ )e$er"l:

$. Nature

)hat may be granted to an && is rule3ma7ing "ower to im"lement the law it is entrusted to enforc

/. Necessi ty

0m"ractical for lawma7ers to "ro#ide general regulation for #arious &&s

Subordinate legislation is "ermitted to ada"t to the increasing com"le!ity of modern life and #arie"ublic functions.

1. Condit ions

*alid e!ce"tion to non3delegation of legislati#e "ower "ro#ided two conditions concur:

3 Statute is COP,T in itself' setting forth the "olicy to be e!ecuted by the agency9 an3 Statute fi!es a ST&N;&+;' ma""ing out the boundaries of the agency’s authority to whmust conform.

?. 6inding force and effect

& #alid rule8regulation duly "romulgated by an && has the force and effect of law and is binding oagency and on all those dealing with the agency.


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@. Pros"ecti#e a""lication

4nless intent to the contrary is made manifest either by e!"ress terms of the statute or by necessaryim"lication.

Le)sl"%o$ o$ %/e "&*$ le+el:

The rule3ma7ing "ower of an && =the power to make implementing or interpretative R or R > is legislati#ein character and results in delegated legislation.

3 +ule3ma7ing is legislation in the admin le#el =legislation within the confines of the grantingstatute' as re5uired by the Consti>9 also called admin legislation' delegated legislation'

ordinance3ma7ing' and 5uasi3legislation.

The "ower conferred u"on an && to issue or "romulgate + or + necessary to carry out its functions hasbeen held to be an ade5uate source of authority to delegate a "articular function.

L*%"%o$s o$ %/e rule2*"4$) po(er:

$. 0t may not ma7e +D+ which are inconsistent with the "ro#is of the Consti or a statute./. 0t may not amend' alter' modify' su""lant' enlarge or e!"and' restrict or limit the "ro#is or

co#erage of the statute.1. 0t cannot engraft additional re5uirements not co#ered by the statute.?. 0n case of discre"ancy between the basic law and + or +' the basic law "re#ails because the

latter cannot go beyond the terms and "ro#is of the basic law.@. &n + or + should be uniform in o"eration' reasonable' and not unfair or discriminatory.

Rules5 re)ul"%o$s5 "$& or&ers or rul$)s:

The +D+ on an admin body or officer usually com"rise those actions of such body or officer in whichthe legislati#e element "redominates in that they establish a "attern of conduct thereafter to befollowed.

+egulations may be used in the sense of Erules or only in the sense of Einter"retati#e regulation.

The term ruling is used to signify an inter"retation or an a""lication of a rule or statute to a "articularsituation. They are actions in which there is more of the udicial function.

$&s o' rule2*"4$) po(ers

$. Su""lementary or detailed legislation

+ule3ma7ing by reason of "articular delegation of authority

/. 0nter"retati#e legislation

+ule3ma7ing by the construction and inter"retation of a statute being administered

1. Contingent legislation or determination

4nder delegated "ower' whether a statute shall go into effect

$&s o' rules "$& re)ul"%o$s

$. ;iscretionary or legislati#e/. 0nter"retati#e1. Cont ingent?. Procedura l@. 0nternal or "enal

Le)sl"%+e rules "$& re)ul"%o$s

$. & form of subordinate legislation

Can be used only in #irtue of statutory delegation9 when #alid' they are accorded the force and eflaw immediately u"on going into effect.

&& acts in a legislati#e ca"acity' su""lementing the statute' filling in the details' or Ema7ing the la

/. Characteristicsa. The statute has delegated "ower to the agency to ado"t the rule9 andb. 0t "ro#ides that the rule shall' if within the delegated "ower' ha#e authoritati#e force

I$%erpre%"%+e rules "$& re)ul"%o$s

$. +esemble udicial adudication

They are those which "ur"ort to do no more than inter"ret the statute be ing administered. They h#alidity in udicial "roceedings only to the e!tent that they correctly construe the statute.

/. ntitled to great weight and res"ect

Ne#ertheless' while inter"retations of an &6 ordinarily control the construction of the courts' theyconclusi#e. They are at best ad#isory.

Le)sl"%+e "$& $%erpre%"%+e rules &s%$)us/e&

,. Po(er %o cre"%e $e( l"(

LR are in the nature of subordinate legislation9 "roducts of the "ower to create new and additiona"ro#isions that ha#e the effect of law' while IR are the "roduct of inter"retation of "re#iously e!istlaw.

6. Nee& 'or e0press &ele)"%o$

LR may be issued only under e!"ress delegation of the law' while IR may be issued as a necess

incident of the administration of a regulatory statute.

3. Prese$ce o' s%"%u%or# s"$c%o$

LR may or may not ha#e statutory sanction9 IR none.

7. -$&$) 'orce "$& e''ec%


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*alid legislati#e rules ha#e the same force and effect as #alid statutes. IR are always subect to udicialdetermination that they are erroneous' e#en when their issuance is authori/. ) it "asses the com"leteness test AND the sufficient standard test1. ) it doesn’t #iolate any of the limitations =infra.>

De%er*$"%o$ o' +"l&%# o' rules ;9ues%o$s %o !e "s4e&<

,. Le)sl"%+e rule

) the rule rel"%es %o %/e su!1ec% *"%%er on which "ower to legislate has been delegated9

) the rule co$'or*s %o %/e s%"$&"r&s "rescribed in the delegatory statute9 and

) the rule is $+"l& on constitutional grounds.

6. I$%erpre%"%+e rule

) the rule correctly inter"rets the statute8 ) the rule amounts to an attem"t to e!ercise legislati#e"owers not delegated.

TESTS "pple& $ &e%er*$$) +"l&%# o' rules

$. & rule is in#alid if it e!ceeds the authority conferred to it.


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/. & rule is in#alid if it conflicts with the go#erning statute.1. & rule is #oid if it e!tends or modifies the statute.?. & rule is #oid if it has no reasonable relationshi" to the statutory "ur"ose.@. Courts will set aside rules deemed unconstitutional' arbitrary' or unreasonable.

Re9ure*e$%s o' re"so$"!le$ess

$. 6ear reasonable relation to the "ur"ose sought to be accom"lished/. Su""orted by good reasons1. Free from constitutional infirmities or charge of arbitrariness

NOT:

& liberal im"lementation is ustified if their rigid enforcement will result in de"ri#ation of legal rights.

I$%er$"l rules "$& re)ul"%o$s

They refer to admin +D+ issued by a su"erior admin or e!ecuti#e officer to his subordinates for the"ro"er and efficient administration of the law.

,. O!1ec%

Creates no relation e!ce"t between the official who issues them and the official who recei#es them

For the efficient and economical administration of the affairs of the de"t or agency in which they issuedin accordance with the law go#erning the sub matter

6. N"%ure

&dmin in nature9 do not "ass beyond the limits of the de"t. Creates no rights in 1rd "ersons.

They are based on' and are the "roduct of' a relationshi" in which "ower is the source' and obedience'the obect.

Pe$"l rules "$& re)ul"%o$s

Those carrying "enal or criminal sanctions for #iolations of the same.

&6s ha#e the authority to issue admin regulations which are "enal in nature where the delegatingstatute itself ma7es the #iolation of the admin regulation "unishable and "ro#ides for its "enalty.

,. Re9us%es 'or +"l&%#a. The law which authori


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D. A&1u&c"%or# Po(ers

=u"s21u&c"l > a term which a""lies to the actions' discretion' etc of a "ublic admin officers8bodiesthat are re5uired to in#estigate facts' or ascertain the e!istence of facts' hold hearings' drawconclusions from them' as a basis for their official action and to e!ercise discretion of a udicial nature.

TEST: 0t is the nature of the act to be "erformed' rather than the office' board or body which "erforms it'that determines whether or not it is e!ercising a udicial or 5uasi3udicial function.

Ge$er"ll#

,. I$+ol+e spec'c p"r%es

;escribe "owers and functions which in#ol#e the decision or determination by &&s of the rights' duties'and obligations of s"ecific indi#iduals and "ersons

6. I$+ol+e 1u&c"l 'u$c%o$ e0ercse& !# " perso$ o%/er %/"$ " 1u&)e

)here a "ower rests in udgment or discretion' so that it is of udicial nature or character' but does notin#ol#e the e!ercise of functions of a udge' or is conferred u"on an officer other than a udicial officer' itis deemed 5uasi3udicial. [Sandoval v. COMELEC, (!!!"#

Ds%$)us/e& 'ro* ?u&c"l Po(er

%udicial "ower is the "ower to hear' try' and determine all sorts of cases at law and e5uity which arebrought before the courts. 0t is the "ower and authority to ma7e a final' rather than an initial'

determination of what the law is and adudicate the res"ecti#e legal rights or liabilities of the contending"arties with res"ect to the matter in contro#ersy

)here the function is "rimarily administrati#e and the "ower to hear and determine is merely incidentalto such administrati#e dut y' such "ower is adudicatory.

E0%e$% o' po(ers

,. ?urs&c%o$ s LIMITED.

3 ,imited delegation of 5uasi3udicial authority because of the need for s"ecial com"etence ande!"erience in the resolution of 5uestions

3 !tent of "owers de"ends largely on the enabling law. The grant of original urisdiction on a5uasi3udicial agency is NOT 0P,0;.

6. Spl% 1urs&c%o$ NOT FAVORED.

3 )hen an &6 or && is conferred 5uasi3udicial functions' all contro#ersies relating to the subectmatter "ertaining its s"eciali


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The action of an && in granting or denying' or in sus"ending or re#o7ing' a license8"ermit8franchise8CPCis 5uasi3udicial or administrati#e NOT %4;0C0&,.

)here a statute em"owers an agency to re#o7e a license for non3com"liance with or #iolation ofagency regulations' the admin act is of a udicial nature since it de"ends u"on the ascertainment of thee!istence of certain "ast or "resent facts u"on which a decision is to be made and rights and liabilitiesdetermined.

6. F0$) r"%es "$& c/"r)es

)here the rules are meant to a""ly to all enter"rises of a gi#en 7ind throughout the country' they may"arta7e of legislati#e character.

)here the rules and rates im"osed a""ly e!clusi#ely to a "articular "arty' based u"on a finding of fact'the function is 5uasi3udicial. Prior notice and hearing re5uired. 6ut' an && may be em"owered by law to"ppro+e pro+so$"ll#' when demanded by urgent "ublic need' rates of "ublic utilities (%/ou% "/e"r$).

3 0n any case' the rates must both be non3confiscatory and must ha#e been established in themanner "rescribed by the legislature.

3 The basic re5uirement of reasonableness com"rehends such rates which must not be so lowas to be confiscatory' or too high as to be o""ressi#e. 0t assumes that the rates are fair to boththe "ublic utility and the consumer.

3. Mscell"$eous "c%s

&dmin on the one hand' or as udicial in nature or 5uasi3udicial' on the other hand

Cl"ss'c"%o$ o' "&1u&c"%or# po(ers

,. E$"!l$) po(ers

4sually characteri.

7. Su**"r# po(ers

4sed to designate admin "ower to a""ly com"ulsion or force against a "erson or "ro"erty to effectuatea legal "ur"ose without a udicial warrant

&& generally may not themsel#es enforce their determinations' at least not by direct and "ositi#e

8. E9u%"!le po(ers

CH.7: SEPARTION OF ADMINISTRATIVE AND OTHER POWERS

Doc%r$e o' Sep"r"%o$ o' Po(ers

Fundamental "rinci"le in a re"ublic go#ernment. 0t obtains not through e!"ress "ro#ision but by adi#ision in the Constitution.

,. Alloc"%o$ o' )o+er$*e$%"l po(ers

Go#ernmental "owers are di#ided among the 1 de"ts and confined such "owers' "recluding one from e!ercising or in#ading the "owers of another.

0t is the duty of the ,egislature to ma7e the law9 the !ecuti#e to e!ecute it9 and the %udiciary toconstrue it.

6. -le$&$) o' "lloc"%e& po(ers

!act delimitation is im"ossible.

3. E0clus+e e0ercse o' "ss)$e& po(ers

The T+4 &N0NG of the theory of se"aration of "owers is that the "owers assigned to onede"artment should not be e!ercised by either of the other de"ts.' and that no de"t ought to "ossedirectly or indirectly' an o#erruling influence or control o#er the others.

Doc%r$e o' No$2Dele)"%o$ o' Po(ers

6ased on the ma!im potestas delegata non potest delegari =what has been delegated cannot in delegated>.

Princi"le: & delegated "ower constitutes not only a right but a duty to be "erformed by the delegathe instrumentality of his own udgment acting immediately u"on the matter and not through theinter#ening mind of another. & further delegation of such "ower would constitute a negation of thein #iolation of the trust re"osed in the delegate mandated to discharge it directly.

Per*ss!le Dele)"%o$

,. T"r'' po(ers %o %/e Pres6. E*er)e$c# po(ers %o %/e Pres3. To people "% l"r)e ;!# ("# o' re'ere$&u* or ple!sc%e<

7. To LGU8. To "&*$ !o&es ;su!or&$"%e le)sl"%o$<

Dele)"%o$ %o AAs

)hat can be delegated is the discretion to determine how the law may be enforced' not what the shall be.


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)hen the legislature laid down the fundamentals of a law' it may delegate to &&s the authority toe!ercise such legislati#e "ower as is necessary to carry into effect the general legislati#e "ur"ose.

,. Nee& 'or &ele)"%o$3 ;etails beyond the ca"acity of legislature to determine

3 atter re5uires more s"eciali

100558645 administrative law summary

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