D. Adjudicatory powers 1.

General Cases: Sandoval v Comelec where power rests in judgment or discretion, so that it is of judicial nature or character, but does not involve the exercise of functions of a judge, or is conferred upon an officer other than a judicial officer, it is deemed quasi-judicial. (Sandoval v Comelec) quasi-judicial function is a term which applies to the actions, discretion, etc. of public administrative officers or bodies that are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature. (Midland Insurance Corp. v. IAC) a. Distinguished from judicial power, investigative power, legislative or rule making power i. Judicial 1. Quasi-Judicial / Administrative adjudicatory power - Where function primarily administrative, power to hear and determine controversies is granted as an incident to the administrative duty 2. Judicial - Where function primarily to decide question of legal rights between private parties with respect to matter in controversy, not merely incidental but the primary object Investigative power 1. Investigate examine, explore, inquire, or delve or probe into, to conduct an official inquiry. Does not include settling, deciding or resolving controversy 2. Adjudicate settle in the exercise of judicial authority; to determine finally. Legislative or rule making power 1. Elements of futurity and retrospection 1. Judicial/quasi-judicial/adjudicatory stands on present or past facts and under laws 2. Legislation/quasi-legislation looks to the future and changes existing conditions by making a new rule. 2. Elements of generality and particularity 1. Adj applies to named persons 2. Leg general regulations to apply to classes of persons 3. Due process requirement of notice and hearing 1. Adj requires due process 2. Leg due process not required in promulgating rules and regulations

ii.

iii.

b. Extent of judicial or quasi-judicial powers of admin agencies i. Jurisdiction limited ii. Depends largely on enabling act iii. Split jurisdiction not favored

iv. v.

Grant of particular power must be found in the law itself General policy to uphold exercise

c. Nature of particular acts i. Licensing, enabling or approving ii. Fixing rates and charges iii. Miscellaneous acts 2. Classification of adjudicatory powers a. enabling powers grant or denial of permit or authorization b. directing powers corrective powers, reparations, awards c. dispensing powers authority to exempt from or relax a general prohibition, or to relieve from an affirmative duty. d. Summary powers apply compulsion or force against a person or property to effectuate a legal purpose without a judicial warrant to authorize such action e. Equitable powers power to determine the law upon a particular state of facts, the right to, an must, consider and make proper application of the rules of equity

E. Separation of Administrative and other powers 1. Doctrine of separation of powers a. Allocation of governmental powers b. Blending of allocated powers c. Exclusive exercise of assigned powers 2. Doctrine of non-delegation of powers a. Based on the maxim of potestas delegate non potest delegari. What has been delegated cannot be in turn delegated. The doctrine rests on the ethical principle that a delegated 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 and not through the intervening mind of another. (Sandoval v. PAGCOR) 3. Non-delegation of legislative power Cases: Specialized in the particular fields assigned to them, administrative bodies can deal with the problems thereof with more expertise and dispatch that can be expected from the legislature or the courts of justice. In the case of the first, it would have neither the time nor the knowledge to create detailed rules to suit changing business needs that are becoming more intricate, especially with the globalization of trade and new discoveries in technology and electronics, and in the case of the second, already obliged to handle a great diversity of cases, it would have been hard pressed to acquire the knowledge they needed to deal interlligently with all the new types of controversy. Thus, the vesture of quasi-legislative and quasi-judicial powers in such bodies, now not unreasonably called the fourth department of the government, is held not unconstitutional, unreasonable and oppressive. (Solid Homes, Inc. v. Payawal)

In the face of the increasing complexity of modern life, delegation of legislative power to various specialized administrative agencies is allowed as an exception to this principle.http://sc.judiciary.gov.ph/jurisprudence/2007/july2007/159796 .htm - _ftn4