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ADMINISTRATIVE LAW ( dean roscoe pound) that branch of modern law under which the

executive department of the gov acting in a quasi-legislative or quasi-judicial capacity interferes with
the conduct of the indv
for the purpose of promoting the well-being of the community, as under laws regulating public interest,
professions, trades and callings, rates and prices, laws for the protection of public health and safety,
and the promotion of public convenience.
CONSEQUENCE of ever-increasing complexities of societies and the proliferation of problems
of gov that cannot readily or effectively be addressed by the traditional public agencies or
solved by other disciplines of public law.
2 MAJOR POWERS of administrative agency :

quasi- legislative authority or rule -making power


quasi- judicial power or adjudicatory function
it announces both the object and scope of administrative law which is essentially the regulation
of private right for public welfare .
Prof goodnow : discipline that part of public law which fixes the organization of the gov and
determines the competence of the authorities who execute the law and indicates the indv remedies for
violation of his rights

j.frankfurter : branch of the law which deals with the field of legal control exercised by lawadministering agencies other than courts, and the field of control exercised by courts over such
agencies
*COMPREHENSIVE coverage of the admin law : particular fieldns to w/c of public law in terms of
the public institutions to which administrative agencies provide support or assistance and the general
public for w/c they are established to serve.
ORIGIN AND DEV
legislation
justification : expediency
RESULT of the pervasive prolixityof modern age and the increasing difficulties confronting the
gov w/c given the sophisticated nature of problems...
ALL RULES OF conduct are supposed to be laid down directly by legislature subj to the direct
enforcement of the executive dev and the application or interpretation also directly by the
judiciary.
IT MUST be stressed that the task of enforcement of the law also became more complicAted as
the areas of concern of the general public expanded
became difficult for the legislature to deal directly and expeditiously with to every problem nad
for the judiciary to directly decide controversies .
DELEGATION OF POWER AS SOLUTION. Became rule
non-delegation as the exception
BUSES AND PASSENGER JEEPS promulgated by persons with needed expertise and time
rather than by general statute.
WHO MAY be permitted to operate
BY DELEGATION the legislature is able to relieve itself of the responsibility to
legislatedirectly on relatively minor matters and of attending as well to the adjudication

of essentially factual questions that more properly pertain to the executive authorities
THE LEGISLATURE CAN CONCENTRATE of matters of national or greater
significance

PRESENT STATUS
admin law : is in a state of flux
PROCESS OF EXPERIMENTATION
trial and error basis
SOURCES :
1. CONSTITUTIONAL OR STATUTORY
Article ix constitution
ENACTMENT CREATING ADMINISTRATIVE sss
BODIES
admin code
eo 209
confer upon them authority over quasi-judicial
matters or conflicts
2. DECISIONS OF COURTS interpreting the
Aratuc vs comelec
charters of administrative bodies and defining
maceda vs energy regulatory board
their powers , rights, inhibition, among others, and
the effects of their determinations and regulations
3. rules and regulations issued by the admin
bodies in pursuance of the purposes for which
they were created

Omnibus rules implementing the labor code as


promulgated by the DOLE
the circulars of the central monetary authorityon
interest rates
and regulatoins of the commission on
immigration and deportation
the rules promulgated by sec
bureau of patents
trademarks and techonology transfer

4. DETERMINATIONS AND ORDERS OF


THE ADMINISTRATIVE bodies in the
settlement of controversie arising in their
respective field

Adjudications of administrative agencies in the


exercise of their quasi-judicial powers eg the
awards of nlrc MONEY CLAIMS

ADMINISTRATION : INSTITUTION + FUNCTION


as institution
aggregate of indiv whose hands the reins of gov are for the time being
refers to the persons who actually run the gov duing their prescribed terms of office
INCLUDES all the personnel in executive branch who are charged with the enforcement of the
law
admin vs gov
ADMIN : AGENCY OR INSTRUMENTALITY THROUGH WHICH THE WILL OF THE
STATE IS FORMULATED expressed and realized
ADMIN
GOV
Transitional in nature which actually mans the
gov which in turn is a more or less permanent

fixture in every state


ADMIN AS FUNCTION
actual runnning of the government by the executive authorities through the enforcement of
laws and implementation of policies
ANY activity outside OF legislation and the rendering of judicial decisions will come under
administration as when the authorities collect taxes drill an army prosecute lawbreakers, enforce
sanitary rules investigate certain businesses and regulate the prices of prime commodities
admin :INTERNAL OR EXTERNAL
internal covers those rules defining the relations of public functionaries inter se and embraces the
whole range of the law of public officers
--provisions qualification selection powers rights duties and liabilities of public officers
RULES LAID DOWN IN A PARTICULAR AGENCY OR office like those prescribing work
assignments or job descriptions uniforms procedures for submission of reports and the like all
of which are imposed by the superior in said office upon his subordinates
external administration - DEFINES relations of the public office with the public in general
RULES prescribed do not necessarily affect the personnel of the office but are promulgated for
obser vance by those who have dealings or transactions with said office
EX. Rules of energy regulatory commission ON ADJUSTMENTS
rates charged by distributors of electricity and of the POEA
QUASI-EGISLATIVE AUTHORITY for the regulation of specific matters
LAW

ADMINISTRATION

Impersonal command provided with sanctions to


be applied in case of violation ..impersonal

Preventive than punitive and more personal


Has a more sympathetic regard for the indv and
seeks to spare him from punishments of the law
by persuading him to observe its commands

BIR tax payments


BUREAU publishes and distributes as well as primers on the value added tax system or on the gross
compensation tac scheme which are designed for the people to better understand these complicated
laws.
INTENDED TO PREVENT enforcement by the bir of sanctions specified in tax laws against tardy
taxpayers OR THOSE WHO ALTOGETHER fail to pay their taces
ADMIN -MAY CLARIFY certain amiguous provisions in statutes through the issuance of
interpretative regulatoins meant to make it easier for the people to understand and so obey the law
BIR periodically promulgates revenue regulatons and the dole has issued the omnibus rules
implementing laborcode

defect : IN THE EXERCISE of the discretion vested in him by statute the administrative
officer may so interpret the law as to prevent it from being applied to the benefit or prejudice of
certain persons
ex rpc prosecutor for murder with or no probable cause HE MAY either file or not file

CHAPTER 2
ADMINISTRATIVE AGENCY - a body endowed with quasi-legislative and quasi- judicial powers
for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution
AGENCY in admin code - ANY DEPARTMENT, bureau, office, commission, authority, or officer of
the national gov authorized by law or executive order to make rules, issue licenses, grant rights or
privileges and adjudicate cases : Research institutions with respect to licensing functions: gov corp
with respect to functions regulating private right, privilege, occupation or business; and officals in the
exercise of disciplinary powers as provided by law

MALAGA VS PENACHOS jr

That a gov instrumentality refers to any agency of


the national gov not integrated within the
department framework vested with special
functions or jurisdiction by law endowed with
some if not all corporate powers administering
special funds and enjoying operational autonomy
usually through a charter
ChartereD INSTITUTION refers to any agency
organized or operating under a special charter and
versted by law with functions relating to specific
constitutional polies or objectives

AGENCY

DEPARTMENT

BUREAU

Office

INSTRUMENTALITY

IN SC DEF : IS
BROADLY
definied by statute
as any of the
various units of the
gov, inlcuding A
department buraus
office
instrumentality or
gocc OR A
LOCAL GOV OR
DISTINCT unit
therein

REFERS TO AN
EXECUTIVE
DEPARTMENT
created by law

Understood
to refer to
any principal
subdivision
of any
deparment

REFERS within
the framework of
government
organization to nay
major functions are
defnited by law or
regulation

Refer to any agency of


the national gov not
integrated within the
department framework,
vested with special
functions or jurisdiction
by law endowed with
some if not all corporate
powers, administering
special funds and charter
INCLUDES regulatory
agencies chartered
institutions and gocc

Beja sr vs ca

Pls copy attachment : lateral relationship between


the departmentor its equivalent and the attached
agency or corpoation for purposes of policy and
program COORDINATION

Attached agency : borne out by the lateral relationship between the department and the attached
agency
ATTACHMENT merely for policy and program corrdination
WITH RESPECT to administrative matters the independence of an attached agency from
departamental control and supervisoin is reinforced by the fact thateven an agency under a
department's administrative supervision is free from deparmtnetal interference with respect to
appointments and other personnel functions' under the admin code of 1987
THE ADMIN CODE provides chapter 8 book iv on supervision and control shall not apply to chartered
institutions attached to a department
PURPOSE: interrelated government agency to another is to attain policy and program coordination
VOLUNTARY arbitrator whether acting solely or in a panel enjoys in law the status of quasi-judical
agency but independent of and apart from the nlrc since his decisions are not appealable to the latter
AUTHORITY: used to designate both incorporated and non-incorpoated agencies or instrumentalities
of the gov
SC : ANY agency organized as a stock or non-stock corp vested with functions related to public needs
whether the governmental or proprietary in natrue and owned by the gov directly or through its
instrumentalities either wholly or where applicable as in the case of stock corp to the extentof atleast
51% of its capital stock is a gocc
gocc SEC 2 (13) EO 292 : - any agency organized AS a tock or non-stock corporation vested with
functions relating to public needs whether governmental or proprietary in nature and owned by the
government directly or indirectly or through its instrumentalities EITHER wholly, or where
applicable as in the case of stock corporations, to the extent of atleast 51% of its capital stock :
provided , that g gocc may further be categorized by the department of budget, the csc and the coa for
the purpose of the exercise and discharge of their respective powers , functions and responsibilities
with respect to such corporations.
NATURE
=
ARM OF legislatureas it is authorized to promulgate rules that have the force of law by virtue of a
valid delegation of legislativepower
-looseley considered by court bec it performs functions of a particular judicial character
administrative bodies endowed with quasi-judicial prerogatives are essentially executive agencies and
are not to be considered as courts or do not form part of the judiciary

CIR VS GENERAL FOOD

cta QUASI- JUDICIAL AGENCY

ursal vs cta

- as judicial agency earlier


BY RA 1125

Far east bank and trust co vs ca sea land service


inc vs ca

Cta is a special court

YAMANE VS BA LEPANTO CONDO CORP

Ra 9282 PROVIDES in its section 7(a) ( 3) the


cta exercises exclusive appellate jurisdiction to
review on appeal decisions orders or resolutions
of the RTC in local tax cases originally decided or
resolved by them in the exercise of their original
or appellate jurisdiction
Cta - SPECIAL COURT dedicated exclusively to the study and consideration of tax problems
IT HAS NECESSARILY dev an expertise in the subj of taxation that his court has recognized time and
again
the findings of fact of the cta particularly when affirmed by the ca are generally conclusive absent gad
ADMINISTRATIVE AGENCY - persons appointed by law and informed by experience
TRAFFIC CONTROL COMMISSION
THIS kind of mastery will render them more competent than the legislature in the promulgation of
rules and the judiciary in the settlemnt of controversies relating to the laws the adminsitrative bosy is
supposed to enforce
ADMINISTRATIVE BODY board commission authority administration bureau agency council
committee office
CREATION AND ABOLITION
CONSTITUTION OR BY STATUTE
CSC
COMELEC
COA

Article ix

Mmda

Created by law sec 11 of article x in relation to


section 8 of the transitory provisions of the
constitution

Other admin bodies


PRC
nrc
sec

By and exclusively in the discretion of legislature

To offer some gratuity :

PHIL VETERANCE ADMIN

To carry on certain the actual bus of gov

Bureau of customs

To perform some business service for the public

Bureau of posts

To regulate private business and indv under the


police power

Sec

To adjust indv controversies because of some


strong social policy

Nlrc
make the gov a private party like GSIS

If created by the constitution itself the administrative body can be altered or abolished only by
constitutional adment
BUT WHERE THE BODY CREATED only by statute LEGISLATURE that breathed life into it

can amend or even repeal its charter resultingi n abolition which is justified if made in gf and not
attended by GAD
MODIFICATION and even abolition of admin bodies are not uncommon at this time when contours of
amin law have yet to be delineated and the field itself still has to be stabilized
ADMIN body may be reorganized pursuant to said law providing for its est or antoher law authorizing
said reorganization
SO LONG AS said reorganization would not involve an abolition or transfer of offices and is carried
out in gf by the person usually the pres authorized to effect the same, the validity of the same would
have to be upheld
DOCTRINE OF QUALIFIED POLITICAL AGENCY THE POWER OF THE PRES TO
REORGANIZED THE NATIONAL GOV MAY VALIDLY be delagated to his cabinet members
exercisingcontrol over a particular executive department
ADVANTAGES
national legislature and the courts of justice admin agencies have the advantage not only of
expertise derived from specialized trainingand experience as previously discussed but also of
adaptability to change and case in reacting to new and even emergency situations given its
flexible nature bec of its basic rule-making authority and adjudicatory prerogatives
ECONOMIC PROBLEM ARISES
admin bodies more resilient
INITIATE ACTION
THEY MAY proceed to the solution of the problems confied to their attention with more
expeditiousness and efficacy owing to the flexibility of their powers than can ordinarily be expected
from the legislature
ADMIN BODIES ADDRESS SOCIAL PROBLEMS EV ENV POLLUTION
RELATION TO REGULAR DEPARTMENTS
-exercise of powers delagated to it by legislature
THE ADMIN BODY - agent of the law -making body and bound to obey and implement legislative
will NOT OTHERWISE
legislature may abolish it or such incidents ( salary and emoluments or appropriations attached thereto
or its functions or the term of its officers may be altered in the discretion of legislature)
ENABLES the legislature to exert a great deal of influence upn the admin body that can impair the
independence
ADMIN AGENCY : executive department and so comes under the constitutional control of the pres.
WHICH CONTROL CANNOT BE WITHDRAWN or limited even by the legislature
president 's duty to execute the law of constitutional origin his control of all executive departments
THEY CANNOT BE DEPRIVED OF THEIR INHERENT POWER TO DECIDE ALL QUESTIONS
OF LAW , particularly if they have been initially resolved by admini bodies only
THE COURTS CAN REVIEW OR EVEN REVERSE THE ADMIN ACTS EVEN OF CHIEF
EXECUTIVE

montes vs civil service board of appeals

WHEN a presidential act is challenged before


the courts of justice it is not to be implied tha the
executive is being made subject and subordinate
to the courts BUT because the law is above the
chief executive himself and the court seeks only to
interpret apply or implement it

COURTS MAY ALSO REVIEW THE FACTUAL FINDINGS OF ADMIN OFFICES AUTHORITY
OF LAW OR BY DUE PROCESS CLAUSE
many admin bodies have been allowed to function with a minimun of interference from the legislature
chiefly because amendment of their charters hass become difficult owing to the support or protection
these bodies have grown to enjoy or may enjoy from certain quarters or the public in general.
COURTS OF JUSTICE review admin adjudications only as a lastresot and only when questions of
law are involved
4th and separate department coordinate with and practically independent of 3 traditional branches of
governmeNT
rests on effectivity
COMPETENCE
strength in acceptance
THEY WILL PERSIST so long as the general public continues to rely on the service they offer and are
satisfied with the performance of their primordial task ie regulation of private right for public welfare
CHAPTER 3 POWERS OF ADMINISTRATIVE AGENCIES
a. quasi -legislative
power of the subordinate legislation and permits the body to promulgate rules intended
to carry out the provisions of particular laws ; public
b. quasi- judicial - ITS POWER of adjudication enables the administrative body to resolve in a
manner essentially judicial factual and sometimes even legal questions incidental to its primary power
of enforcement of the law ; private
qj APPLYINGA RULE FOR THE PAST AND QUASI-LEGISLATIVE IN prescribing a rule for the
future
Cir vs ca
Quasi- legislative or rule-maing power : POWER
to make rules and regulations which results in
delegated legislation that is within the confined of
the granting statute and the doctrine of nondelegability and separability of powers.
SHOULD BE within the scope of the statutory
authority granted by the legislature to the
adminstrative agency
REGULATION SHOULD BE GERMANTE TO
THE OBJECT AND PURPOSE OF THE LAW
and be not in contradiction to but in conformity
with the standards PRESCRIBED BY LAW

NTC regulatory agency of national gov with jurisdiction over all telecommunications entitites
is clothed with authority and given ample discretion to grant a provisional permit or authority
including the authority to issue CPCN quasi-legislative power
if a person contests IT : QUASI-JUDICIAL POWER to solve
STA ROSA REALTY DEV CORP VS AMATE
2 fold jurisdiction of DAR
sec 50 ra 6657 :
1. ESSENTIALLY EXECUTIVE AND
PERTAINS to the enforcement and
administration of the laws CARRYING THEM
INTO practical operation and enforcing their due
observance
2. JUDICIAL and involves the determination of
rights and obligations of the partties
sec 50 grants quasi-judicial power to said
department

FUNDAMENTAL rule : that an administrative agency has only such powers as are expressly granted
to it by law , it is likewise a settled rule that an administrative agency has also such powers as are
necessarily IMPLIED in the exercise of its express powers
LAGUNA LAKE DEV AUTHORITY VS CA LEGISLATURE cannot by its mere declaration make
something a public utility which is not in fact such
PRIVATE BUSINES operated under private contracts w/ selected customers and and not devoted to
public use cannot by legislative fiat or by order of a public service commission be declared a public
utility , SINCE THAT WOULD BE TAKING PRIVATE property for public use without just
compensation which cannot be done consistently with the due process clause
quasi-legislative power
THE authority delegated by the law-making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and implement legislative policy
POWER TO MAKE RULES AND REGULATIONS BEC IT IS IMPRACITCABLE for
lawmakers to provide general regulatoins for various and varying details of management
LITTLE LAWS: same legal force and with even more efficacy than the statutes they are supposed to
implement
GEN : RULES AND REGULATIONS issed by admin or executive officers pursuant to the procedure
or authority conferred by law UPON the adminsitrative agency have the force and effect or partake of
the nature of a statute
REASON: statute express policies purposes objectives remedies and sanctions intended by the
legislature in general terms
DETAILS and manner of carrying them out are often times left to the administrative agency entrusted
with their enforcement
ADMINISTRATIVE regulations and policies enacted by administrative bodies to interpret the
law W/C they are entrusted to enforce HAVE THE FORCE OF LAW and are entitled to great
respect.

DOCTRINAL in administrative law THAT THE rules and regulations of administrative bodies
INTERPRETING the law they are entrusted to enforce have the force of law these issuance are by no
means iron-clad norms and may be reviewed and nullified BY the courts if found to have been issued
not in compliance with the requisites for their validity.
ADMINISTRATIVE RULE admin code of 1987 : ANY AGENCY statement of general applicability
that implements or interprets a law, FIXES and describes the procedures in or practice requirements of
an agency including its regulations
INCLUDES memoranda or statements concerning THE internal administration or
management of an agency not affecting the rights of or procedure available to the public
RULE MAKING : agency process for the formulation amendment or repeals of a rule
LEGISLATIVE POWER

Quasi-legislative

Power to promulgate laws

Power to issue admin rules and regulations


only intended only to implement the law and to
carry out legislative policy

Discretion to determine what the law shall be is


exclusively legislative and cannot be delegated

DISCRETION to determine how the law shall be


enforced

DELEGATION OF POWER TO MAKE THE


LAW

the conferring of authority or discretion under an


in pursuance of law

Necessarily involves a discretion AS TO WHAT


THE LAW shall be
Cannot be done
Source : Tio vs videogram regulatory board

No valid objection

principle : legislation and administration are disctinct powers but in practical application the line
which sepaates their exercise is not clearly marked or easily defined
THE DISTINCTION between the legislative and administrative function is fundamental
PRACTICAL APPLICATION lies the difference between gov by legislation and gov by bureaucracy
DELEGATED rule-making by administrative agencies all that may be reasonably demanded is a
showing that the delegated legislation consisting of administrative regulations are germane to the
general purposes projected by the governing or enabling statute

PHIL AIR LINES VS CIVIL AERONAUTICS


BOARD

Grant of a franchise by an administrative agency


a franchise may be derived indirectly from the
state through a duly designated agency the power
to grant franchises has been frequentLY been
delegated even to agencies other than those of a
legislative nature
PRIVILEGES conferred by grant by local
authorities as agents for the state constitute as
much a legislative franchise as though the grant

had been made by an act of the legislature


Associated communications & wireless services
-united broadcasting networks vs ntc

FRANCHISE : GRANT of privilege from


sovereign power
sets out a royal privilege or a branch of king's
prerogative subsisting in the hands of a subj
merely a privilege e manating from the sovereign
power of the state and owing its existence to a
grant is subj to regulation by the state itself by
virtue of its police power through its
administrative agencies
cpc : form of regulation through the administrative
agencies

Pal vs civil aeronautics board

Franchise may be derived indicretly from the


state THROUGH a duly designated agency and to
this extent the power to grant franchises has been
delegated even to agencies other than those of a
legislative nature.
PRIVILEGES conferred by grant by local
authorities AS agents for the state constitute as
much a legislative franchise as though the grant
had been made by an act of legislature

Gen rule : courts will not interfere with the public service commissioner's power to regulate and
control the the operation of public services when it isjust and reasonable and founded upon a legal
right
SOURCE : derived from the legislature by virtue of a valid delegation
may either be expressed or implied although it is usually effected explicitly through a specific
authorization
delegation must not create a roving commission but should be canalized within the banks that keep it
from overflowing
THERE MUST not be a total abdication of legislative power to delegate
THE DELEGATION must be circumscribed by legislative restriction
SURRENDER OF LEGISL ATIVE POWER to the delegate is prevented.
NOT necessary that the legislature supply administrative officials with a specific formula for
theirguidance in a field where flexibility and the adaptation of the legislative policy to infinitely
variable conditions constitute the essence of the program
LIBERAL in permitting grants of discretion to administrative agencies in order to facilitate the
administration of laws as the complexity of economic and governmental conditions increases.
THE necessities of modern legislation dealing w/ complicated and serious economic and social
problems have led to judicial approval of broad standards for administrative action;
TESTS OF DELEGATION
1. completeness TEST
2. sufficient standard test

THE LAW MUST be complete in all its terms and conditions when it leaves the legislature so
that when it reaches the delegate it will have nothing to do but enforce it
IF THERE are gaps in the law that will prevent its enforcement until they are first filed the
delegate will have the opportunity to repair the omission through the exercise of the discretion
to determine what the law shall be which is essentially and exclusively legislative
United States VS ang tang ho
THE law incomplete as a legislation when it
authorizes the governor general to define what is
an extraordinary increase in the price of palay

THE LAW MUST OFFER a SUFFICIENT standard to specify the limits of the delegate's
authority announce thelegislative policy and specify the conditions under which it is to be
implemented
among the accepted sufficient standards are public interest, simplicity, economy and efficiency
and public welfare

YNOT VS IAC

AS HOW THE CHAIRMAN of the national mear


inspection commission may see fit is dangerous
ROVING COMMISSION a wide and sweeping
authority that is not canalized within the banks
that keep it from overflowing
a cearly profligate and invalid delegation of
legislative power

Pelaez vs auditor general

It is essential that the said law :


a. complete in itself must set forth therein the
policy to be executed carried out or implemented
by the delegate
b. fix a standard the limits of which are
sufficiently determinate or determinable to which
the delegate must conform in the performance of
his functions
Sec 68 revised administrative code does not meet
these well settle requirements

A sufficient standard is one which defines legislative policy marks its limits, maps out its boundaries
and specifies the public agency to apply it
it indicates the circumstances under which the legislative command is to be effected
both tests
both tests are intended to prevent a total transference of legislative authority to the delegate who is not
allowed to step into the shoes of the legislature and exercise a power essentially legislative
QUASI- JUDICIAL POWER
the power of the administrative authorities to make determinations of facts in the performance
of their official duties and to apply the law as they construe it to the facts so found
incidental to main function : enforcement of the law

QUASI-JUDICIAL POWER

Judicial power

The executive acts first with the courts acting latr


whenever warranted to review its legal findings

Focuses on the question of law with the question


of fact being regarded s of secondary importance
only
THE executive acts last after judgment is made
and all legal questions are settled
ADMIN officers can interpret and apply the law to the facts ascertained by them because this
function is necessary to the discharge of their primary functoin of regulation
NLRC DOLE grant money awarrds tule upon legal issues raised during the proceedings put
reviewable by certiorari by the ca and by sc
TADLIP VS BORRES
To be part of quasi-judicial system a practing
lawyer who was also a provincial adjudicator or a
public officer tasked with the duty of deciding
conflicting claims of the parties
SOURCE :
incidental to the power of regulation vested in the administrative body but is often expressly
conferred by the legislature throguh specific provisions in the charter of the agency
JUSTIFICATION: THE POWER IS NEEDED TO ENABLE THE ADMIN OFFICERS TO
PERFORM THEIR EXECUTIVE DUTIES
quasi-judicial convenient way of approving the exercise of judicial power by an administrative officer
OFTEN referred to as the power of adjudication
DETERMINATIVE POWERS
to better enable the administrative body to exercise its quasi-judicial authority
PROF FREUND 2 classification :
1. enabling powers - those that permit the doing of an act which would be unlawful without the
government approval
ex. issuance of licenses in liquor store ; sec cpr corp; mtrcb
2. directing powers includes dispensing the examining and summary powers
- order the doing or the performance of particular acts to ensure compliance with the law and
are often exercised for corrective purposes
ex. dept of env and natural resourcees
DEPT OF transportation call on common carriers
nlrc - illegally dismissed employee
3. DISPENSING POWER - ALLOws the administrative office to relx the general operation of
law or exempt from the performance of a general duty ex. Student excused physical educ
health reasons , residential buildings permitted by zoning board to remain in an area designated
commericial industrial
EX. persons of draft age are relieved of combat duty
COMELEC VS ESPANOL
Comelec may grant immunity from suit to those
who have comitted election offenses but
volunteered to give information and testify on any
violation of election laws : the power is
concomitant with its authority to enforce
committing the same SHOULD NOT be
interefered by rtc

Summary powers - involving the use by the administrative authorities of force upon persons or things
without the necessity of previous judicial warrant
ex. padlocking by mayor's office of filthy restarants movie houses ,SHOOTING MAD dogs on the
loose, TAKE OVER by the bsp of mismanaged banks and confiscation by customs of articles which
are prohibited per se.
EXAMINING POWER ALLOWS many administrative agencies to actually conduct hearings issue
writs of preliminary injunction and even punish for contempt in relation to its broad power of
investigation or examination
-enables it to inspect the records and premises, and investigate the activities , of persons or entities
coming under its jurisdiction :
1. the issuance of subpoenas
2. swearing in of witnesses
3. interrogation of witnesses
4. calling for production of books papers and records
5. requiring that books papers and records be made available for inspection
6. inspection of premises
7. requiring written answers to questionnaires
8. requiring periodic or special reports
9. requiring the filing of statements
physical and medical examination may also be required in certain cases
10 . dole and bureau of labor standards to inspect factories to determine the owner's compliance or noncompliance with occupational health and safety standards as provided in labor code, or sec of labor or
his duly authorized representative to inspect the premises books of accounts and records of any person
or entity involved in recruitment as well as to require the submission of reports regularly on prescribed
forms
JUSTIFICATION : need of administrative agencies for information which must be made available to
them subject to reasonable limitations to enable them to carry out their basic power of investigation
which is essential to carry out their power to enforce the law
EXERCISE OF POWERS
duties of administrative body are generally considered discretionary esp as they involve the
interpretation or construction and enforcement of law and appreciation of factual questions that
may be submitted to it for resolution
FINDINGS OF THE BODY are generally deferred to by the other departments except only
where they are arrived at w/ such obvious arbitrariness as to constitute a violation of due
process
SOME ADMIN DUTIES are merely ministerial ( LTD REGISTRATION, COMELEC
CERTIFICATE OF CANDIDACY , COA for salaries under certain conditions )= NO
JUDGMENT OR DISCRETION IS required or allowed in their exercise
THE JURIsdiction and powers of administrative agencies are limited to those expressly granted
or necessarily implied from those granted in the legislation creating such bodies

CHAPTER 4 THE QUASI-LEGISLATIVE POWER


rule making power of the administrative body is intended to enable it to implement the policy of
the law and to provide for the more effective enforcement of its provisions
EXERCISE of this power subordinate legislation it is possible for the administrative body to
transmit the active power of the state from its source to the point of application : apply the law
and so fulfill the mandate of the legislature
KINDS OF ADMINISTRATIVE REGULATIONS

1.INTERPRETATIVE
designed to provide guidelines to the
law which the administrative agency is in
charge of enforcing ;
- those which purport to do no more than
interpret the statute being administered to
say what it means
THEY constitute the administrator's
construction of a statute
THE administrative agency is merely
anticipating what ultimately must be done
by the courts
they are performing a judicial function
than legislative function and interpretative
regulations
have validity in judicial proceedings only
to the extent that they correctly construe
the statute and then it is the statute and not
the regulation to which the indv must
conform
- ISSUED by the admin body as an
incident of its power to enforce the law
and is intended merely to clarify its
provisions for proper observance by the
people
ex. BIR and BSP
regulation is merely persuasive and is
received by the courts with much reSPEct
but not finality
* admin or executive agency renders an
opinion or issues a statement of policy ;
, it merely interprets a pre-existing law
ADMINISTRATIVE INTERPRETATION
of the law is at best advisory for it is the
courts that finally determine what the law
means
RULE : ADMINISTRATIVE

2.LEGISLATIVE is in the matter subordinate legislation,


designed to implement a primary
legislation by providing the details thereof
- ACCORDED by the courts or by express
provision of statute the force and effect of
law immediately upon going into effect
- ADMIN AGENCY is acting in a
legislative capacity supplementing the
statute , filing in the details , or making the
law , and usually acting in pursuant to a
specific delegation of legislative power
- issued by the admin body pursuant to a
valid delegation of legislative power and is
intended to have the binding force and
effect of a law enacted by legislature itself

REGULATIONS and policies enacted by


administrative bodies to interpret the law
which they are entrusted to enforce have
the force of law, are entitled to great
respect have in their favor a presumption
of legality

ADMIN agencies are not authorized to substitute their own judgment for any applicable law or
administrative regulation with the wisdom or propriety of which they do not agree

2. legislative
a. supplementary - intended to fill in the details of the law and to make explicit what is
only general
PURPOSE : to enlarge upon a statute subject only to the standards fixed therein to ensure
its effective enforcement in accordance with the legislative will
EX. LABOR CODE - fee IRR DOLE : medical psychological examination, inoculation
certificate, passport, placement fees and like
general banking act instead of directly laying down the rules in detail sec 30 the monetary
board shall prescribe the manner of determining the total assets of banking institutions for
purposes of this section, but contingent accounts shall not be defined as being included
among total assets : SUPPLEMentary regulation providing for the specific rules to be
observed in ascertaining the net worth of banks
b. contingent - it is issued upon the happening of a certain contingency which the
administrative body is given the discretion to determine or to ascertain under and pursuant
to the law , some circumstances on which the law by its own terms makes its own action
depend or to find the facts or conditions properly prescribed under which a law as passed
will or will not operate : putting into effect, applying or suspending a law
admin agencies : allowed to ascertain the existence of particular contingencies and on the
basis enforce or suspend the operation of law
Cruz vs youngberg
SC SUSTAINED a law prohibiting the
importation of cattle which had caused a
rinderpest epidemic but authorizing the gov-gen to
lift the prohibition with the consent of the
presiding officers of the legislature if he should
determine after a fact -finding investigation that
there was no longer any threat of contagion from
cattle
REQUISITES : for admin regulation to be valid :
1. IT promulgation must be authorized by the legislature
* USUALLY CONFERRED by the charter itself of the admin body or by the law it is supposed
to enforce
* SEC OF FINANCE upon recommendation of the cir shall promulgate all needful rules and
regulations of the effective enforcement of the provisions of NIRC
* SEC the power and authority to implement the provisions of corp code and to promulgate
rules and regulations necessary to enable to perform its duties : prevention of fraud and abuses
on the part of the controlling stockholders, members , directors, trustees or officers

* CSC empowered to prescribe amend and enforce suitable rules and regulations for carrying
into effect the provisions of civil service decree
* DOLE irr
* BUREAU DIRECTORS the power to promulgate rules
* regulation is binding on the courts as long as the procedure fixed for its promulgation is
followed
* VALID provided that its scope is within the statutory authority or standard granted by the
legislature
* THE pres can exercise the rule-making power upon his subordinates in the executive
department
JUSTIFICATION : whatever is enjoyed by the admin agencies should be enjoyed by the pres
Araneta vs gatmaitan
Authorization granted by congress in favor of sec
of agriculture and natural resources concerning
trawl fishing
a. the pres shall have control of all executive
departments bureaus offices sec 10 (1) article vii
of constitution
b. eo may be issued by the pres under sec 63 of
the revised admin code governing the gneral
perofrmance OF duties by public employees or
disposing of issues of general concern
c. section 74 of revised admin code all executive
functions of the gov of republic of phil shall be
directly under executive department subj to the
supervision and control of the president of the phil
in matters of general policy
2. it must be within THE SCOPE of the authority given by the legislature
- THE REGULATION promulgated must not be ultra vires or beyond the limits of authority
conferred
an admin agency cannot amend an act of congress
THE power of admin officials to promulgate rules and regulations in the implementation of a
statute is necessarily limited only to carrying into effect what is provided in the legislative
department
* the law cannot be amended by a mere regulation
* REGULATION that operates to create a rule out of harmony with the statute a mere nullity it
cannot prevail
* THE ADMIN AGENCY issuing these regulations may not enlarge alter or restrict the
provisions of the law it administeres; it cannot engraft additional requirements not contemplated
by the legislature
* in case of conflict the law must prevail : a regulation adopted pursuant to law is law
A REGULATION or any portion not adopted pursuant to law is nolaw and has neither force not
the effect of law
* STATUTE IS SUPERIOR to an admin directive and the former cannot be repealed nor
amended by the latter
* ADMIN ISSUANCES seeking to carry into effect an act of congress must be in harmony
with the provisions of law ; they cannot modify nor supplant the same

GREGO VS COMELEC

Sec 6 ra 6646 SEC 5 RULE 25 OF COMELEC


RULES OF PROCEDURE SEEKS TO
IMPLEMENT employed the word may was
improper comelec should have used the word
shall

People vs macaren

The sec of agriculture and natural resources was


authorized to carry into effect the provisions of
fishing law WHICH prohibited fishing by the use
of obnoxious or poisonous substances which does
not include electro-fishing
ALL THAT IS REQUIRED is that the regulation
should be germane to the obj and purposes of the
law and that it should conform to the standards
that the law prescribes
ADMIN regulations adopted under legislative
authority BY a particular department must be in
harmony with the provisions of law and should be
for the sole purpose of carrying into effect its
general provisions
the law itself cannot be extended
ADMINISTRATIVE AGENCY cannot amend an
act of congress

BAUTISTA VS JUINIO

Loi valid prohibiting private extra-heavy vehicles


FROM USING public streets on weekends and
holidays but annulled as ultra vires the admin
regulation calling for the impounding of the
offending vehicles

METROPOLITAN TRAFFIC COMMAND VS


GONONG

Illegal the removal by traffic enforcers of the


license plates of illegally parked vehicles

Luzon polymers corp vs clave

Admin agency cANNOT AMEND the law it seeks


to implement

Phil bank of communications vs cir

The change of the prescriptive period for filing


claims for excess quarterly income tax payments
stating that such change was clearly inconsistent
with nirc

Phil assoc of service exporters inc vs torres

Validity of the circulars of the dole for its take


over of the business of deploying domestic
helpters to HK
restrict confine limit or stop
regulate the power to protect foster promote
preserve and control with due regard for the
interests of public and then utility and of its
patrons

ADMIN ISSUANCES must not override but must remain consistent and in harmony with the law they
seek to apply and implement
NO RULE OR REGULATION may alter amend or contravene a provision of law
IRR should conform not clash with the law that they implement
IN CASE OF CONFLICT BET STATUTE AND ADMIN ORDER the statute prevails
PHIL INTERISLAND SHIPPING SOC OF THE EO ISSUED by the pres marcos for purpose of
PHIL VS CA
increasing pilotage fees is a valid statute and
could not be revoked y phil ports authority
reason : the growicng complexities of modern
society, the multiplication of the subj of
government regulations and increased difficulty of
administering the laws made the creation of admin
agencies and delegation to them of legislative
power necessary
WHAT DETERMINES whether an act is a law
or an admin issuance is not its form but its nature
What ought to determine WON an act is a law or admin decree should be its source.
Wage rationalization act minimum wages are determined by congress provided by law subj to revision
by wage boards Should later conditions warrant their revision
LEGASPI VS MINISTER OF FINANCE
Grant of extraordinary legislative power to pres
marcos 1976 amendments to 1973 constitution
loi WHICH FORMED PART OF THE law of the
land wn there existed a Grave emergency or threat
or imminence ot when legislature failed or was
unable to act adequately on a matter
BITO-ONON vs fernandez

DILG to issue a memorandum circular


INTENDED to govern the elections of the liga
claiming that such rules had the effec t of
modifying , atlering and nullifying the rules
prescribed by national liga board
LIGA IS SUBJ TO PRES POWER OF
GENERAL SUPERVISION
general supervision : THE POWER of a superior
officer to see to it that lower officers perform their
functions in accordance with law
- CANNOT INTERFERE with local gov
provided act within the scope of authority
OVERSIGHT OVER AN INFERIOR BODY
DOES NOT INCLUDE any restraining authoirty
over such body
power of control or the power of an officer to alter
or modify or set aside what a subordinate officer
had done in the performance of his duties and to
substitute the judgment of the former for the latter
MONITOR = WATCH OBSERVE or check and is
compatible with the power of supervision of the

DILG secretary over local governments which is


limited to checking whether the local gov unit
concerned or the officers perform their duties as
per statutory enactments
NATIONAL LIGA NG MGA BRGY VS
PAREDES

AUTHORITY OF THE DILG over the liga ng


mga barangary is limited to seeing to it that the
rules are ff. But it cannot lay down such rules
itself nor does it have the discretion to modify or
replace them

DE JESUS VS CSC

CSC DID NOT USURP any powers P.65

DAR VS SUTTON

DAR in violation of constitution when it provided


for the limitation of the area of livestock farm that
may be retained by land owner
Gen rule : LOI are simply directives of the pres of the phil issued in the exercise of his admin power
of control, to heads of departments and/or officers under the executive branch of the gov for
observance by the officials and/or employees thereof
ADMIN in nature they do not have the force and effect of a law and cannot be a valid source of
obligation
THE FUNDAMENTAL rule in admin law to be valid admin rules and regulations must be issued by
authority of a law and must not contravene provisions of the constitution
RULE MAKING POWER OF AN ADMIN AGENCY may not be used to abridge the authority given
to it by congress or by constitution not can it be used to enlarge the power of admin agency beyond the
scope intended
doctrinal the rules of admin bodies must be in harmony with the provisions of the constitution they
cannot amend or extend the constitution
in case of conflict between AO and provisions of constitution constitution prevails
3. IT MUST BE PROMULGATED IN ACCORDANCE with the prescribed procedure
THE Promulgation of admin regulations of general application does not require previous notice
and hearing
exception : where the legislature itself requires it and mandates that the regulation shall be
based on certain facts as determined at an appropriate investigation
IN ABSENCE OF notice : admin body can promulgate the regulation in its exclusive discretion
and on the basis of info acquired by it through methods other than the holding of a public
hearing
QUASI legislative : EXERCISED by admin agencies THRough THE PROMULGATION
OF RULES AND REGULATIONS within the confines of granting statutes and the doctrine of
non delegation of certain powers flowing from the separation of great branches of the gov
GEN RULE : PRIOR NOTICE and hearing are not essential to the validity of rules and
regulations promulgated to govern future conduct
* IF SETTLEMENT OF CONTROVERSY : admin adjudication : require notice and hearing
regulations fixing rates or toll charges are as a rule allowed to be issued only after a full
hearing and are based on the results of that hearing
ex. ENERGY REGULATORY COMMISSION amend or revoke the authority to operate of
any person or entity which fails to comply with the provisions ra 9136 only after notice And
hearing

REASON: provisional rates were by their nature temporary and subj to adjustment and
conformity with the definitive rates approved after final hearing
GLOBE TELECOM INC VS NTC
EVERY party subj to admin regulation deserves
an opportunity to know throguh reasonable
regulations promulgated by the agency of the obj
standards that have to be met a rule integral to due
process as it protects substantive rights
Maceda vs energy regulatory board

SEC 3 PAR E AND SEC 8 DO NOT


NEGATEEACH OTHER OR otherwise operate
exclusively of the other iin that the board may
resort to one but not to both at the same time
sec 3(e) outlines the jurisdiction of the board and
the grounds for which it may decree a price
adjustment subj to the requirements of notice and
hearing

Citizens' alliance for consumer protection vs erb

Sec 8 board need not even have conducted formal


hearings in these cases prior to issuance of its
order GRATING Provisional increase of prices

FREEDOM FROM DEBT COALITION VS ERC An admin agency may be empowered to approve
provisionally when demanded by urgent public
need rates of public utilities w/o a hearing
the authority to issue provisional orders of rate
adjustments cannot be considered as one of the
powers that the legislature intended the erc to
possess for if it were the intention of the
lawmakers there would not have been a black
hole in the law.
Phil consumers foundation inc vs sec of education The function of prescribing rates by an
culture and spo
administrative agency :
1. legislative - THE GRANT OF PRIOR
NOTICE AND HEARING TO the affectedparties
is not a requirement of due process
regards rates prescribed by an administrative
agency in the exercise of its quasi-judicial
function prior notice and hearing are essential to
the validity of such rates
ex. when rules and/or rates laid down by an
administrative agency are meant to apply to all
enterprises of a given kind throughout the country
ex. prescribes maximum school fees that may be
charged by all private schools in the country
2. adjudicatory function WHEN the rules and
rates imposed apply exclusively to a particular
party based upon a finding of fact
BPI LEASING CORP VS CA

WHEN admin rule goes beyond merely providing


for the means that can facilitate or render less

cumbersome the implementation of the law and


substantially increases the burden of those
governed it behooves the agency to accord atleast
to those directly affected a chance to be heard and
to be duly informed before the issuance is given
the force and effect of law.
Tanada vs tuvera

e.o laws shall take effect after 15 days ff their


completion of their publication either in the
official gazette or in a newspaper of general
circulation in the phil unless it its otherwise
provided
all statutes local and private laws
PD, EO, Admin rules and regulations must also be
published
circulars and regulations which prescribe penalties
irr ARE THOSE MERELY INTERNAL in nature
regulating only the personnel of the admin agency
and not the public need not be published
LOI by admin superiours concerning the
guidelines to be ff. By their subordinates in the
performance of their duties
publication must be in full or it is no publication
at all

CIR VS CA

Admin rule interpretativei n nature no


publication
admin rule goes beyond merely providing for the
means that can facilitate or render least
cumbersome its implementation of the law but
substantially adds to or increases the burden of
those govern - foRce and effect of law needs
publishing

Rubencia vs csc

Publication in a newspaper of general circulation


substantial compliance

PHIL INTERNATIONAL TRADING CORP VS


COA

PUBLICATION is a condition precedent to the


effectivity of a law to inform the public of the
contents of the law or the rules or regulations
before their rights and interests are affected by
the same
AN unpublished admin circular invalid

BALBUNA VS SEC

Order of dept of educ prescribing the conduct of


the flag ceremony in schools being addresed only
to the directors of the public and private schools
cannot be said to be of general application and did
not require previous publication to be effective

Honasan ii vs panel of investigating prosecutors


of the DOJ

Irr and those internal in nature need not be


published

Ppa vs coa

INEFFECTIVE AN ADMIN circular bec of its


lack of publication in either the official gazette or
in a newspaper of general circulation

Senate of the phil vs ermita

Eo 646 needs to be published in order to take


effect

PEOPLE VS QUA PO LAY

CIRCULARS and regulations circular no 20 of


the central bank prescribes a penalty for its
violation should be publsihed before becoming
effective on general principle and theory that
before the public is bound by its contents esp its
penal provisions a law regulation or circular must
first published and the people officially informed
of said contents and its penalties
IF THE LAW or admin rule or reg with a penal sanction were to be published in the official
gazette the rule is that the usual 15 day period required for the effectivity of said law or
regulation is reckoned not from the state or printed date of the edition of the official gazette in
which the said law OR REGULATION appears but on the date of release for the circulation of
said edition of the official gazette
People vs veridiano
PUBLICATION to make known to the people in
general
Phil addoc of service exporters inc vs torres

Admin circular of dole legally invalid for lack of


publication and filing in the office of national
admin register

Misamis oriental assoc of coco traders inc vs dept Gen required : before a legislative rule is adopted
of finance sec
there must be a hearing
Building code : irr shall take effect after their publication once a week for 3 consecutive weeks or the
CARL
admin code : every agency shall filed with the up law center 3 certified true copies of every rule
adopted by it
RULES in force on the date of effectivity of this code which are not filed w/in 3 moths from that date
shall not be the basis of any sanction against any person/s
AGENCY shall take appropriate measures to make emergency rules known to persons who may be
affected by them
admin issuances w/c are not published or filed w/ the national admin register as required by admin
code ineffective
admin code of 1987 :
PUBLIC PARTICIPATION
a. if not otherwise required by law an agency shall publish or circulate notices of proposed rules
and afford interested parties the opportunity to submit their views prior to the adoption of any
rule-making
b. in fixing rates : no rule or final order shall be valid unless the proposed rates shall have been
published in a news paper of general circulation atleast 2 weeks before first hearing
c. opposition the rules on contested cases shall be observed
+ pubLISH
4. it must be reasonable.
Statutes admin regulations promulgated thereunder must not be unreasonable or arbitrary as to

violate due process


TO BE valid such rules and regulations must be reasonable and fairly adapted to secure the end
in view
if shown to bear no reasonable relation to the purposes for which they are authorized to be
issued then they must be held to be invalid TO THE purposes of the rule and not arbitrary
TAXICAB OPERATORS OF METRO MANILA Regulation of phasing out taxicabs valid exercise
VS BOARD OF TRANSPORTATION
of police power
PASEI VS TORRES

Buildings must be provided with fire exits valid


exercise of police power

ADMIN REGULATION prescribing for prime commodities ceiling prices below the cost of acquisition
would be oppressive and confiscatory and violative of right to property under the due process clause
PENAL REGULATIONS
the power to define and punish crime is exclusively legislative and may not be delegated to the
admin authorities
admin regulations may have the force and effect of law their violation cannot give rise to
criminal prosecution unless the legislature makes such violation punishable and imposes the
corresponding sanctions
THE ADMIN AUTHORITIES cannot prescribe such penalties
fortiori IS NOT EMPOWERED TO IMPOSE PUNISHMENT for violation of a statue which
is not by its terms penal in nature
PEOPLE VS Santos
Act 4003 DOES NOT CONTAIN a provision
prohibiting boats not subj to license to fish w/in
the stipulated areas w/o written permission of the
secretary
SINCE the act itself does not contain such
prohbition the rules and regulations promulgated
by sec of agriculture to carry into effect the
provisions of the law cannot incorporate such
prohbition
US VS PANLILIO

An admin regulation punishing the transport of


quarantied animals w/o the permission of the sec
of agriculture was held invalid for lack of
statutory basis
ACT 1760 IS NOT PENAL in nature
Special requisites of a valid admin regulation with a penal sanction are:
1. the law itself must make violation of the admin regulation punishable
2. the law itself must impose and specify the penalty for the violation of the regulation
3. the regulation must be published
PESIGAN VS ANGELES
The carabao's could not be confiscared under an
eo published only after its alleged violation
CONSTRUCTION AND INTERPRETATION
applied to administrative regulations w/ the specific requirement that the regulation should be read in
harmony w/ the statute and not in violation of the authority conferred on the admin bodies

PRINCIPLE: statutes including admin rules and regulations operate prospective only unless the
legislative intent to the contrary is manifest by express terms or by necessary implication
ADMIN REGULATION contravene statute is invalid
the intention may usually be discovered in the measure itself or through the use of extrinsic aids like
interpretation given by the admin body the problem sought to be corrected by the rule the conditions
obtaining at the time of its promulgation and the like
PROSPECTIVE unless the contrary is intended
OPINIONS OF THE SEC OF JUSTICE are material in construction of statutes in pare materia
INTERPRETATION given to a rule or regulation by those charged w/ its execution is
entitled to its greatest weight by the court construing such rule or regulation and such
interpretation will be ff. Unless it appears to be clearly unreasonable or arbitrary
AO may revoke, repeal or abrogate the acts or previous rulings of his predecessor in office
CONSTRUCTION of a statue by those administering it is not binding on their successors if the
latter becomes satisfied that a different construction should be given
ENFORCEMENT
the power to promulgate admin regulations carries w/ it implied power to enforce them
JUDICIAL ACTION : PETITION FOR MANDAMUS AND INJUNCTION or through
sanctions that the statute itself may allow the admin body to impose
ex. DTI may be authorized by law to padlock a store found
optical media board authorized by law to confiscate pirated videotapes and institute
criminal suits for violations of laws on intellectual creations
the statue creating the admin body that will provide for the means by w/c the admin regulations will be
enforced although the judicial actions may also be available

PERALTA VS CA

EO 292 REGIONAL OFFICES OF THE CSC


ARE EMPOWERED TO ENFORCE civil service
laws rules policies and standards on personnel
management or personnel actions of national and
local gov agencies w/in their jurisdiction and to
enforce the same laws rules policies and
standards with respect to the conduct of public
officers and employees
THESE opinions and rulings perforce bind the
gov agencies the authority given by law to these
regional offices

AMENDMENT OR REPEAL
-admin regulation is subj to amendment or repeal by the authorities that promulgated them in the first
place
THE ADMIN REGULATION may be changed directly by the legislature
ADMIN BODY itself : its power to issue regulation is not once exercised deemed exhausted
THIS POWER may be exercised as often as it becomes necessary to adjust the regulation to the
changing circumstances surrounding the subj or the problem sought to be solved or alleviated by the
rule