You are on page 1of 1

ADMIN LAW (MIDTERMS)

Agencies have no inherent power; only express and implied powers


o express = provided by the Constitution or a valid statute
o implied = derived from the express powers
Admin interpretations
o only binding if they have correctly interpreted the statute.
o only have persuasive effect and courts will disregard if it runs afoul against
the statute it interprets
o not binding to the successor of an admin officer in an agency especially if the
former officer had an incorrect interpretation of the law (Hilado v CIR)
Investigatory power
o lifeblood of admin agencies
o modes of discoveries like issuing a subpoena not inherent
o limited to gathering and procuring data
o does not vest the authority to render a valid decision because this is
adjudicatory in nature; does not render final determination on the rights and
duties of the parties involved
o conducting a preliminary investigation and resolution disposing of a case (e.g.
prosecutor)
Delegation of function and authority
o Highly important and predominant characteristic of administrative process
and procedure
o Expressly delegated to issue IRR, the agency is in effect authorized to create
new law or additional provisions in the law S
ll