admin law chapter iii and iv

7/31/2019 Admin Law Chapter III and IV

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Executive powers include the power of control over all executive departments, bureaus and offices, the power toexecute laws, the appointing power, the power under the commander-in-chief clause, the power to grant reprieves,commutations and pardons, the power to grant amnesty with concurrence of congress, the power to contract foreignloans, the power to enter into treaties or international agreements, the power to submit the budget to congress andthe power to address congress.

Presidents power of control means his power to alter modify or nullify or set aside what a subordinate officer haddone in the performance of his duties and to substitute his judgment with that of the latter

Doctrine of qualified political agency Under this doctrine, which recognizes the establishment of a single executive, allexecutive and administrative organizations are adjuncts of the Executive Department, the heads of the variousexecutive departments are assistants and agents of the Chief Executive, and, except in cases where the ChiefExecutive is required by the Constitution or law to act in person or the exigencies of the situation demand that he actpersonally, the multifarious executive and administrative functions of the Chief Executive are performed by andthrough the executive departments, and the acts of the Secretaries of such departments, performed and promulgatedin the regular course of business, are, unless disapproved or reprobated by the Chief Executive, presumptively theacts of the Chief Executive

power of control does not include the following:

1. abolition or creation of an executive office2. the suspension or removal of career executive officials or employees w/o due process of law3. the setting aside, modification, or supplanting of decisions of quasi-judicial agencies including that of the

office of the President, on contested cases that have become final pursuant to law or to rules andregulations promulgated to implement the laws (except when decision was made with mistake,inadvertence, default or excusable negligence)

power to remove is inherent to the power to appoint unless said employee is classified as CESO

executive power has the authority to detail a subordinate officer to the OP or any executive department so long as

the detail does amount to the imposition of disciplinary action

supervision means overseeing or the authority of an officer to see to it that their subordinate officers perform theirduties

power of supervision is power of overseeing or to see that the officials concerned perform their duties and if theyhave fail or neglect to fulfill them, to take such action or steps as prescribed by law to make them perform theirduties, eg power over LGUs

president cannot interfere with LGUs so long as the same or its officers are acting within the scope of their authority

To monitor means to watch observe or check

A staff bureau primarily perform policy program development and advisory functions

A line bureau directly implement programs adopted pursuant to department policies and plans. Director of line bureauexercises supervision and control over all divisions and other units including regional offices under the bureauestablish policies and standards for the operations of the bureau pursuant to the plans and programs of thedepartment, promulgate rules, regulations necessary to carry out bureau objectives, policies and functions andperform such other duties as may be provided by law


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Supervision and control include :1. act directly whenever a specific function is entrusted by law or regulation to a subordinate2. direct the performance of duty3. retrain the commission of acts4. review, approve, reverse or modify acts decisions of subordinate officials or units5. determine priorities in the execution of plans and programs6. prescribe standard guidelines, plans and programs

Administrative supervision is limited to :1. generally oversee the operations of such agencies and inure that they are managed effectively, efficiently

and economically but w/o interference with the day-to-day activities2. require the submission of reports and cause the conduct of management audit, performance evaluation and

inspection to determine compliance with policies and guidelines of the department3. take such action as may necessary for the proper performance of official functions including rectification of

violations abuses and other forms of misadministration4. review and pass upon budget proposals of such agencies but may not increase or add to them

doctrine of exhaustion of administrative remedies - that before a party is allowed to seek the intervention of the

court, it is a pre-condition that he should have availed of all the means of administrative processes afforded him. Theunderlying principle of the rule on exhaustion of administrative remedies rests on the presumption that theadministrative agency, if afforded a complete chance to pass upon the matter, will decide the same correctly

department secretarys supervision and control over all bureaus and officers does not extend to attached agencies tothe department

attachment refers to lateral relationship between department or its equivalent and the attached agency or corporationfor purposes of policy and coordination.

Investigatory or inquisitorial powers have been granted by the constitution or legislature to executive or administrativeofficials or agencies. It is limited to information gathering as a basis to recommend appropriate action by other

government agencies or to focus public opinion on matters of vital concern

The president has the power to order the conduct of investigation for a number of purposes such as for alladministrative functions, rule-making, adjudication and for purposes no more specific than illuminating obscure areasto find out what, if anything should be done

Powers incidental to taking testimonyWhen authority to take testimony or receive evidence is conferred upon anyadministrative officer or any non-judicial person, committee, or other body, such authority shall include the power toadminister oaths, summon witnesses, and require the production of documents by a subpoenaduces tecum.

The power vested in the prosecutor to conduct preliminary investigation for purposes of determining whether there isreasonable ground to believe that the accuses is probably guilty to warrant the filing in court of an information or

complaint is executive in nature.

Election offenses committed by public officials in relation to their office can only be investigated and prosecuted bythe commission not the ombudsman and the same can be tried before the regular courts not the sandiganbayan

SEC has visitorial powers to determine compliance with the corporation code and the rules and regulations w/c it hasissued in the exercise of its rule-making power

Administrative institution granted with authority to investigate:


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1. NBI, CHR

Important power of the CHR is to grant immunity from prosecution to any person whose testimony or whosepossession of documents or other evidence necessary or convenient to determine the truth in any investigationconducted by it or under its authority

Investigate means to examine explore, inquire or delve or probe into, research on, studyThe purpose of investigation is to discover, to find out, to learn, obtain information, nowhere included or intimated isthe notion of settling, deciding or resolving a controversy involved in the facts inquired into by application of the law tothe facts established by inquiry

Adjudicate means to adjudge, arbitrate, judge, decide, determine, resolve, rule on. To settle finaly on themerits of thecase

Power of the ombudsman:

1. Investigatory power2. Prosecutory power,3. public assistance functions4. authority to inquire and obtain information5. to adopt, institute and implement preventive measure6. contempt power7. grant immunity from criminal prosecution to any person whom testimony or whose possession and

production of document or other evidence may be necessary to determine the truth in any hearing, inquiry orproceeding being conducted by he ombudsman or under its authority, in the performance or in furtheranceof its constitutional function and statutory objectives

it includes any illegal acts or omission of any public official but does not include veto or revisory power over anexercise of judgment or discretion by an agency or office upon whom the judgment or discretion is lawfully vested

may investigate unsigned and unverified complaint

The ombudsman is precluded from prosecuting before the sandiganbayan any impeachable officer with any offensew/c carries with it the penalty of removal from office or any penalty service of w/c would amount to removal fromoffice because by constitutional mandate they can only be removed from office on impeachment for and conviction ofculpable violation of the constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of publictrust

Ombudsman has disciplinary authority over all elective and appointive officials of the government and its subdivision,instrumentalities and agencies, including members of the cabinet, LGU, GOCC and their subsidiaries except overofficials who may be removed only by impeachment, members of congress, and the judiciary

Administrative case may be initiated by a written complaint under oath accompanied by affidavits of witnesses andother evidences in support of the charge

In case of Conviction and penalty imposed is public censure and reprimand, suspension of not more than one month,or a fine equivalent to one month salary, the decision shall be final and unappealable. In all other cases, the decisionshall become final after the expiration of ten days from receipt thereof by the respondent unless a motion forreconsideration or petition fro certiorari shall have been filed by him


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Quasi legislative

legislative power is the power is the power to make, alter, and repeal laws

general rule is that legislative power cannot be delegated- this doctrine is based on the ethical principle that such adelegated power constitutes not only a right but a duty to be performed by the delegate by the instrumentality of his

own judgment acting immediately upon the matter of legislation and not through the intervening mind of another

exception is during time of war or other national emergency the congress may by law authorize the president for alimited period and subject to such restrictions as it may prescribe to exercise powers necessary and proper to carryout a declared national policy

congress may also authorize the president to impose tariff rates, import and export quotas, tonnage and wharfagedues and other duties or imposts w/in the framework of the national development program of the government

presidential issuances are those w/c the president issues in the exercise of his ordinance power: Eos, AOs, proc,MOs MCs and general and special orders

EOs are acts of the president providing for rules of general or permanent character in implementation or execution ofconstitutional or statutory powers

AOs are acts of the president w/c relate to particular aspects of governmental operations in pursuance of his dutiesas administrative head

Proclamations are acts of the president fixing a date or declaring a status or condition of public moment or interest,upon the existence of w/c the operation of a specific law or regulation is made to depend

Memorandum order are acts of the president on matters of administrative detail or of subordinate or temporaryinterest w/c only concern a [particular officer of office of the government

Memorandum circular are acts of the president on matters relating to internal administration w/c the president desiresto bring to the attention of all or some of the departments, agencies, bureaus or offices of the government, forinformation or compliance

General or specific order are acts and commands of the president in his capacity as commander-in-chief of thearmed forces of the Philippines

The Constitution vests in the SC the power to promulgate rules concerning the protection and enforcement ofconstitutional rights, pleadings, practice and procedure in all courts, the admission of the practice of law, theintegrated bar, and legal assistance to the underprivileged. It also empowers the SC to repeal procedural laws suchas those w/c prescribe the method of enforcing rights or obtaining redress for their invasion

Ordinance passed by Sangguniang barangay to be reviewed and approved by S. Bayan or Panlungsod (30 days)

Ordinance passed by SB or SP subject for approval or veto by mayor w/in 10 days, veto can be overridden by a 2/3vote of SB or SP. It is then submitted to the s. panlalawigan w/c shall act on it w/in 30 days

Sangguniang panlalawigan to be approved or vetoed by governor w/in 15 days

Rule-making means an agency process for the formulation, amendment or repeal of a rule


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Rule-making power of administrative agency refers to the power to issue rules and regulations w/c result fromdelegated legislation in the administrative level. It is one of the exception to the non-delegation of legislative power

Define quasi legislative power.

This is the exercise of delegated legislative power, involving no discretion as to what the law shall be, but merely theauthority to fix the details in the execution or enforcement of a policy set out in the law itself.

What are the kinds of quasi legislative power?1. Legislative regulation2. Supplementary or detailed legislation which is intended to fill in the details of the law and to make explicit what is

only general. e.g. Rules and Regulations Implementing the Labor Code.3. Contingent legislation in which administrative agencies are allowed to ascertain the existence of particular

contingencies and on the basis thereof enforce or suspend the operation of a law.4. Interpretative legislationrules and regulations construing or interpreting the provisions of a statute to be

enforced and binding on all concerned until changed. They have the effect of law and are entitled to greatrespect having in their favor the presumption of legality. E.g. BIR circulars.

What are the guidelines to rule making?

It must be consistent with the law and the constitution It must have reasonable relationship to the purpose of the law It must be within the limits of the power granted to administrative agencies May not amend, alter, modify, supplant, enlarge, limit or nullify the terms of the law It must be uniform in operation, reasonable and not unfair or discriminatory Must be promulgated in accordance with the prescribed procedure

What are the requisites for the valid exercise of quasi legislative power?

Promulgated in accordance with the Prescribed procedure. Reasonable. Issued under Authority of law. Administrative regulations, issued for the purpose of implementing existing law, pursuant to a valid

delegation are included in the term laws under Article 2, of the Civil Code and must therefore bepublished in order to be effective.

It must be within the Scope and purview of the law.Filing with the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center

Q: What are the limitations on the exercise of quasi-legislative power?

It must be within the limits of the powers granted to administrative agencies. Cannot make rules or regulations which are inconsistent with the provision of the Constitution or statute. Cannot defeat the purpose of the statute. May not amend, alter, modify, supplant, enlarge, or limit the terms of the statute. A rule or regulation must be uniform in operation, reasonable and not unfair or discriminatory.

May an administrative agency promulgate rules providing for penal sanction?


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Yes, provided the following requisites are complied with:

The law must declare the act punishable; The law must define the penalty; The rules must be published in the Official Gazette

Are constructions of administrative officers binding upon the courts?A: Such interpretations of administrative officer are given great weight, unless such construction is clearly shown tobe in sharp contrast with the governing law or statute. (Nestle Philippines Inc. v. CA, G.R. No. 86738, Nov. 13, 1991)

What is the Doctrine of Subordinate Legislation?Power of administrative agency to promulgate rules and regulations on matters within their own specialization.

What is the reason behind the delegation?

It is well established in this jurisdiction that, while the making of laws is a nondelegable activity that correspondsexclusively to Congress, nevertheless the latter may constitutionally delegate authority to promulgate rules andregulations to implement a given legislation and effectuate its policies, for the reason that the legislature often finds it

impracticable (if not impossible) to anticipate and provide for the multifarious and complex situations that may be metin carrying the law into effect. All that is required is that the regulation should be germane to the objects andpurposes of the law; that the regulation be not in contradiction with it, but conform to the standards that the lawprescribes.

What are the limitations on the doctrine of subordinate legislation?

Rule making power Cannot contravene a statute or the constitution Partakes the nature of a statute Rules are not laws but have the force and effect of laws. Enjoys the presumption of legality therefore courts should respect and apply them unless declared invalid;

all other agencies should likewise respect them

What is the concept of Contemporaneous Construction?A: The construction placed upon the statute by an executive or administrative officer called upon to execute oradminister such statute. These interpretative regulations are usually in the form of circulars, directives, opinions, andrulings.

The rules and regulations issued in the exercise of rule making power are of general applicability issued by theadministrative agency to implement its purely administrative policies and functions. Adjudication means adetermination of rights, privileges and duties by an administrative agency resulting in a decision or order w/c appliesto a specific situations or to specific persons or entities or pertains exclusively to a named entity and to no other andis premised on a finding of facts or on a report of its inspector on w/c the order is based

3 basic powers of the administrative authority

quasi legislative or rule making power quasi judicial or adjudicatory power Determinative power

Kinds of rule making power


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By reason of particular delegation of authority power to issue rules and regulations w/c have the force andeffect of law

By construction and interpretation of a statute being administered power of administrative agencies tointerpret and construe statutes entrusted to them for implementation

Determination of facts under a delegated power as to w/c a statute shall go in effect- ascertainment of factsw/c will form the basis for the enforcement of a statute

3 Interpretation

interpretation as incident of he execution of a law interpretation handed down by the secretary of justice upon request of a government agency or official interpretation in adversary proceedings

Delegation of legislative power refers to the grant of authority by the legislature to administrative agencies to issuerules and regulations concerning how the law entrusted to them for implementation may be enforced

Reasons for the delegation of legislative powers:the increasing complexity of the task of government and the growing inability of the legislature to cope w/ the myriadproblems demanding its attention

what cannot be delegated:purely legislative in nature. This consist of the power to make the law or to determine what the law shall and to alteror repeal it

what may be delegated:

any legislative power other than the making, altering or repealing of a law, determination of legislativepolicies and objectives to be achieved, formulation and promulgation of a defined and binding rule ofconduct

the discretion as to how the law shall be enforced, issues rules to fill in details, to ascertain facts on w/c thelaw will operate, to exercise police power and to fix rates.

It must pass the completeness test and sufficiuency of standard test

Under the COMPLETENESS TEST, a law must be complete in all its terms and provisions when it leaves thelegislature that nothing is left to the judgment of the delegate. The legislature does not abdicate its functions when itdescribes what job must be done, who is to do it, and what is the scope of his authority. However, a delegation ofpower to make the laws which necessarily involves a discretion as to what it shall be may not constitutionally bedone.

Under the SUFFICIENCY OF STANDARDS TEST, the statute must not only define a fundamental legislative policy,mark its limits and boundaries, and specify the public agency to exercise the legislative power. It must also indicatethe circumstances under which the legislative command is to be effected. To avoid the taint of unlawful delegation,

there must be a standard, which implies at the very least that the legislature itself determines matters of principle andlays down fundamental policy. (Free Telephone Workers Union v. Minister of Labor, G.R. No. L-58184, October 30,1981)

COMPLETENESS TEST. The law must be complete in all its essential terms and conditions when it leaves thelegislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it


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SUFFICIENT STANDARD TEST. A sufficient standard is intended to map out the boundaries of the delegatesauthority by defining the legislative policy and indicating the circumstances under which it is to be pursued andeffected; intended to prevent a total transference of legislative power from the legislature to the delegate. Thestandard is usually indicated in the law delegating legislative power. There must be adequate guidelines or limitationsin the law to map out the boundaries of the delegates authority and prevent the delegation from running riot. It maybe implied or express

Potestas delagata non delegari potest

Exceptions:

Delegation of tariff powers to the president Delegation of emergency powers Delegation to the people at large Delegation to LGU Delegation to administrative bodies

The standard must be reasonably adequate, sufficient and definite for the guidance if the administrative agency in theexercise of the were conferred upon it and must also be sufficient to enable those affected to know their rights and

obligations

Adequate standard:

Simplicity and dignity Public interest Public welfare Interest of law and order, justice and equity Adequate and efficient instruction Public safety Public policy Greater national interest

When the law sets the standard by which the delegate may exercise the delegated power, the executive oradministrative agency concened cannot add thereto and justify the exercise of the delegated power on the basisi ofall such enlarged standard

Ynot vs IAC transport of carabeef (may see fit)

Administrative regulations adopted under legislative authority by a particular department must be in harmony with theprovisions of the law they are intended to carry into effect

A rule is binding on the courts so long as the procedure fixed for its promulgation is followed and its scope is w/in thestatute granted by the legislature, even if the courts are not in agreement with the policy stated therein or its innate

wisdom

Administrative interpretation of the law is at best merely advisory for it is the courts that finally determine what the lawmeans

Lupangco vs CA - PRC regulation that no student shall attend review classes 3 days prior to examination it was heldthat said regulation is unconstitutional because it is Unreasonable and violative of academic freedom


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Administrative bodies have the authority to issue administrative regulations w/c are penal in nature where the lawitself provides for its penalty, however if the law does not provide for penal sanction administrative agencies tasked toexecute the law has no power to penalize violation of its rules and regulations

What is required is that the regulation should be germane to the objects and purpose of the law and that it shouldconform to the standards that the law prescribe

Subordinate legislation calculated to promote the public interest are necessary because of t he growing complexity ofmodern life, the multiplication of the subjects of governmental regulations and the increased difficulty of administeringlaw

Laws shall take effect 15 days following the completion of their publication in the official gazette or in a news paper ofgeneral circulation unless it is otherwise provided

However interpretative regulations and those merely internal in nature that is regulating only the personnel of adminagency and not public, need not be published nor it applicable to letters of instruction

Apart from publication, it is also required that the rules and regulations be filed with the U.P. Law center of UP

Judicial notice the court shall take judicial notice of the certified copy of each rule duly filed or published in thebulletin or the codified rules.

Delegation to ascertain facts

Congress may delegate to an administrative agency the power to ascertain facts as basis to determine when a lawmay take into effect or whether a law may be suspended or come to an end, in accordance with the purpose orpolicy of the law and the standard for the exercise of the power delegated

To be valid the law delegating the power to determine some facts or state of things upon w/c the law may take effector its operation suspended must provide the standard, fix the limits w/in w/c the discretion may be exercised and

define the conditions thereof

People vs vera (probation act)

Where power to reclassify movie is lodged with the board the same cannot be delegated to its chairman alone

As long as a party is not deprived of his right to present his own case and submit evidence in support thereof, and thedecision is supported by the evidence in the record, there is no question that the requirements of due process andfair trial are fully met

Rate means any charge to the public for a service open to all and upon the same terms, including individual or jointrates, tolls, classifications, or schedules thereof, as well as commutation, mileage, kilometrage and other special

rates w/c shall be imposed by law or regulation to be observed and followed by any person w/c generally a publicutility

Fixing of rates is essentially a legislative power

The fix rating power of an administrative agency must be subject to the basic requirement of reasonableness, w/cmeans that the rate must not be so low as to be confiscatory, or too high as to be oppressive


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The power to regulate is not the power to destroy useful and harmless enterprise but is the power to protect, foster,promote, reserve, and control with due regard for the interest, first and foremost, of the public then of the utility and ofits patrons

In case of a delegation of rate-fixing power, the only standard w/c the legislature is required to prescribe for theguidance of the administrative authority is that the rate be reasonable and just

Where the function of the administrative is legislative, notice and hearing are not required. As a general rule, noticeand hearing are not essential to the validity of administrative action where the administrative body acts in theexercise of executive, administrative or legislative function.

Contemporary construction

When an administrative agency promulgates rules and regulations, in the exercise of its rule-making power delegatedto it by the legislature, it makes a new law with the force and effect of a valid law, while when it renders opinion orgives a statement of policy it merely interprets pre-existing law

Three types of executive interpretations of law:

Construction by an executive or administrative officer directly called to implement the lawConstruction by the secretary of justice in his capacity as the chief legal adviser of the governmentInterpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercisingquasi-judicial power

Interpretations of the law or of the regulations issued to implement the law need not be published to be effective, thesaid interpretations not being considered as law. Internal rules concerning the personnel of administrative agencyand legal opinion, w/c are at best advisory, need not be published to be effective

In the absence of error or abuse of [power or lack of jurisdiction, or grave abuse of discretion clearly conflicting witheither the letter or the spirit of a legislative enactment creating or charging a governmental agency, the action of the

agency would not be disturbed by the courts

Where a statute has received a contemporaneous and practical interpretation and the statute as interpreted isreenacted, the practical interpretation is accorded greater weight than it ordinarily receives and is regarded aspresumptively the correct interpretation of the law

The court may disregard contemporaneous construction if

There is no ambiguity in the law Where the construction is clearly erroneous Where strong reason to the contrary exist Where the court has previously given the statute a different interpretation

admin law chapter iii and iv

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