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Review Notes Admin Law

This document provides a reading assignment on administrative law that covers several key topics: 1. It discusses the doctrine of separation of powers and the valid delegation of legislative power to administrative agencies. It notes that agencies can be delegated the discretion to determine how a law is enforced, but not what the law shall be. 2. It outlines the powers and functions of administrative agencies, including their investigative, rule-making, and adjudicatory powers. It notes that agencies have no inherent powers and can only exercise those conferred by their enabling statutes. 3. It examines the requisites for a valid delegation of legislative power, including that the statute must be complete and fix standards and boundaries for the agency's authority. It

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Calagui Tejano Glenda Jaygee
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111 views

Review Notes Admin Law

This document provides a reading assignment on administrative law that covers several key topics: 1. It discusses the doctrine of separation of powers and the valid delegation of legislative power to administrative agencies. It notes that agencies can be delegated the discretion to determine how a law is enforced, but not what the law shall be. 2. It outlines the powers and functions of administrative agencies, including their investigative, rule-making, and adjudicatory powers. It notes that agencies have no inherent powers and can only exercise those conferred by their enabling statutes. 3. It examines the requisites for a valid delegation of legislative power, including that the statute must be complete and fix standards and boundaries for the agency's authority. It

Uploaded by

Calagui Tejano Glenda Jaygee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Reading assignment for January 7, 2016:

1. Stock knowledge drill


-Broad and narrow definition of administrative law
-Doctrine of qualified political agency
-Definition of an administrative agency
2. Separation of Powers/Delegation of legislative power to administrative agencies/subordinate legislation (pp.179-240, De
Leon)
The doctrine of separation of powers does not preclude a certain degree of admixture of the three powers of government in
administrative agencies.
a. Requisites for the valid delegation of legislative power- Simply stated,what can be delegated is the discretion to determine
HOW the law may be enforced and not WHAT the law shall be.
b. Reasons for increasing trend towards subordinate legislation: 1) growing complexities of modern government 2) the
complexities on multiplication of activities subject to government regulation and 3) increased difficulty of administering the
law.
1). Completeness of the law
Read the following cases cited in Mr. De Leons book:
U.S. vs Ang Tang G.R. No. 17122, Edu vs. Ericta G.R. No. L-32096
Read also Section 4, Aricle II and Sections 5 and 6, Article III of Republic Act No. 7925 An Act To Promote The
Development Of Philippine Telecommunications And The Delivery Of Telecommunications Services. It is a good example of
a law that states policy, standards and limitations..
2). Sufficiency in standards
Read the following cases cited in Mr. De Leons book:
Rubi vs. Provincial Board of Mindoro G.R. No.L-14078, Philippine Association of Colleges and Universities vs. Secretary of
Education G.R. No.L-5279, Balbuena vs. Secretary of Education G.R. No.L-14283, International Hardwood and Veneer Co.,
vs. Pangil Federation of Labor G.R. No. 47178, Eastern Shipping Lines vs. POEA G.R. No.76633
3. Permissible delegation of legislative power under the Constitution
a. To the President (Sections 23 and 28,Article VI, 1987 Constitution)
b. To local government units (Sections 3,5 and 10, Article X,1987 Constitution)
c. Peoples initiative and referendum (Section 32,Article VI, 1987 Constitution)
d. Autonomous regions (Sections 18 and 20, Article X, 1987 Philippine Constitution)
-JGOracion
For ADMIN LAW: January 14, 2016 reading assignment:
1. Review of past lesson/Stock knowledge drill
-Doctrine of separation of powers
-Delegation of legislative powers/Subordinate legislation
-Requisites/standards for a valid delegation of legislative powers
2. Powers and functions of administrative agencies/Source thereof (pp. 57-178, De Leon)
a. Constitution
b. Statutes under which administrative agency claims to act
3. Scope 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, Radio Communications of the Phil., vs. Board of Communications, 80
SCRA 471,Cooperative Development Authority vs. Dolefil Agrarian Beneficiaries Cooperative, Inc., 382 SCRA 552
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 agencys 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
B.Rule- making powers
It 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 agencys 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.
Read: Olsen and Co.,Inc., vs. Aldanese 43 Phil. 259, Philippine Lawyers Association vs. Agrava 108 Phil. 173
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: Lovina vs. Moreno G.R. No. L-17821, Miller vs. Mardo G.R, No. L-15138,PHILEX Mining Corp. vs. Zaldivia 43 SCRA
479

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