Powers of Administrative Agencies

1. Quasi-legislative power / Power of subordinate legislation

2. Quasi-judicial power/Power of adjudication

3. Determinative powers (Note: Senator Neptali Gonzales calls them incidental powers)

Definition of Quasi-legislative power

It is 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.

Distinctions between Quasi-legislative power and legislative power

1. LEGISLATIVE power involves the discretion to determine what the law shall be.
QUASI-legislative power only involves the discretion to determine how the law shall be
enforced.

2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be

delegated.

Tests of Delegation (applies to the power to promulgate administrative regulations )

1. COMPLETENESS test. This means that 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 to enforce it.

2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the
limits of the delegates authority, announce the legislative policy and specify the
conditions under which it is to be implemented.

Requirement of Publication

Administrative Regulations that MUST be published:

1. Administrative regulations of GENERAL application.

2. Administrative regulations which are PENAL in nature.

Administrative regulations that do NOT NEED to be PUBLISHED:

1. Interpretative regulations
 2. Internal rules and regulations governing the personnel of the administrative
agency.

1. Letters of instruction issued by administrative superiors concerning

guidelines to be followed by their subordinates. (Tanada v. Tuvera)

Special Requisites of a Valid Administrative Regulation with a PENAL sanction

1. The law itself must make violation of the administrative regulation

punishable.

2. The law itself must impose and specify the penalty for the violation of the
regulation.

3. The regulation must be published.

Requisites for Proper Exercise of Quasi-Judicial Power

1. Jurisdiction

2. Due process

Administrative Due Process : Requirements

1. Right to Notice, be it actual or constructive

2. Reasonable opportunity to appear and defend his rights and to introduce

witnesses

3. Impartial tribunal with competent jurisdiction

4. Finding or decision supported by substantial evidence

Exceptions to the Notice and Hearing Requirement

1. Urgency of immediate action

2. Tentativeness of the administrative action

3. Right was previously offered but not claimed

4. Summary abatement of a nuisance per se

5. Preventive suspension of a public servant facing administrative charges

6. Padlocking of filthy restaurants/theaters showing obscene movies

7. Cancellation of a passport of a person sought for criminal prosecution

 8. Summary distraint and levy of properties of a delinquent taxpayer

9. Replacement of a temporary or acting appointee

Questions Reviewable on Judicial Review:

1. Questions of FACT

The general rule is that courts will not disturb the findings of administrative agencies acting
within the parameters of their own competence so long as such findings are supported by
substantial evidence. By reason of their special knowledge, expertise, and experience, the courts
ordinarily accord respect if not finality to factual findings of administrative tribunals.

2. Question of LAW

Administrative decision may be appealed to the courts independently of legislative permission.

It may be appealed even against legislative prohibition because the judiciary cannot be deprived
of its inherent power to review all decisions on questions of law.

Doctrine of Finality

Courts are reluctant to interfere with action of an administrative agency prior to its completion or
finality, the reason being that absent a final order or decision, power has not been fully and
finally exercised, and there can usually be no irreparable harm.

EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo
pending further action by the administrative agency; Essential to the protection of the rights
asserted from the injury threatened; Officer assumes to act in violation of the Constitution and
other laws; Order not reviewable in any other way; Order made in excess of power

Doctrine of Primary Jurisdiction

1. This doctrine states that courts cannot or will not determine a controversy
which requires the expertise, specialized skills and knowledge of the proper
administrative bodies because technical matters of intricate questions of fact
are involved.

2. Relief must first be obtained in an administrative proceeding before a remedy

will be supplied by the court even though the matter is within the proper
jurisdiction of a court.
Doctrine of Prior Resort
When a claim originally cognizable in the courts involves issues which, under a regulatory
scheme are within the special competence of an administrative agency, judicial proceedings will
be suspended pending the referral of these issues to the administrative body for its view.

Note: The doctrines of primary jurisdiction and prior resort have been considered to be
interchangeable.

Doctrine of Exhaustion of Administrative Remedies

1. Under this doctrine, an administrative decision must first be appealed to the

administrative superiors up to the highest level before it may be elevated to
a court of justice for review.

1. Reasons :

1. to enable the administrative superiors to correct the errors

committed by their subordinates.

2. courts should refrain from disturbing the findings of

administrative. bodies in deference to the doctrine of separation
of powers.

3. courts should not be saddled with the review of administrative

cases

4. judicial review of administrative cases is usually effected through

special civil actions which are available only if their is no other
plain, speedy and adequate remedy.

3. Exceptions

a. when the question raised is purely legal, involves constitutional questions

b. when the administrative body is in estopped

c. when act complained of is patently illegal

d. when there is urgent need for judicial intervention

e. when claim involved is small

f. when irreparable damage is involved

g. when there is no other plain, speedy , adequate remedy

h. when strong public interest is involved

I. when the subject of controversy is private land

1. in quo warranto proceedings

2. When the administrative remedy is permissive, concurrent

3. utter disregard of due process

4. long-continued and unreasonable delay

5. amount involved is relatively small

6. when no administrative review is provided

7. respondent is a department secretary (DOCTRINE OF QUALIFIED POLITICAL

AGENCY ALTER EGO DOCTRINE)

Substantial evidence defined to mean not necessarily preponderant proof as required in

ordinary civil cases but such kind of relevant evidence which a reasonable mind might accept as
adequate to support a conclusion.