Category Archives: Administrative Law SUFFICIENT STANDARD test.

The law must offer a sufficient standard to

specify the limits of the delegate’s authority, announce the legislative policy
Administrative Law
and specify the conditions under which it is to be implemented.
DEC 19
Definition of Quasi-Judicial Power

It is the power of administrative authorities to make determinations of facts

Posted by Magz in the performance of their official duties and to apply the law as they
construe it to the facts so found. The exercise of this power is only
Powers of Administrative Agencies incidental to the main function of administrative authorities, which is the
Quasi-legislative power / Power of subordinate legislation enforcement of the law.

Quasi-judicial power/Power of adjudication

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

Definition of “Quasi-legislative power” 1. ENABLING powers

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. Those that PERMIT the doing of an act which the law undertakes to regulate
and would be unlawful without government approval.

Distinctions between Quasi-legislative power and legislative power

Ex. Issuance of licenses to engage in a particular business.
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.DIRECTING powers
LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.
Those that involve the corrective powers of public utility commissions,
Tests of Delegation (applies to the power to promulgate administrative
powers of assessment under the revenue laws, reparations under public
regulations )
utility laws, and awards under workmen’s compensation laws, and powers
of abstract determination such as definition-valuation, classification and fact
finding
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.
3. DISPENSING powers

Exemplified by the authority to exempt from or relax a general prohibition,
or authority to relieve from an affirmative duty. Its difference from licensing
power is that dispensing power sanctions a deviation from a standard.
4. SUMMARY powers
Those that apply compulsion or force against person or property to
effectuate a legal purpose without a judicial warrant to authorize such
action. Usually without notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of
delinquent tax payers
5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular
state of facts. It refers to the right to, and must, consider and make proper
application of the rules of equity.
Ex. Power to appoint a receiver, power to issue injunctions
Kinds of Administrative Regulations
Requisites of a Valid Administrative Regulation
1. Its promulgation must be authorized by the legislature.
2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed
procedure.
4. It must be reasonable
Need for Previous Notice and Hearing
1. General Rule: Administrative rules of GENERAL application do NOT
require previous notice and hearing.
2. Exception: When the legislature itself requires it and mandates that
the regulation shall be based on certain facts as determined at an
appropriate investigation.
3. If the regulation is in effect a settlement of a controversy between
specific parties, it is considered an administrative adjudication,
requiring notice and hearing.
Prescribing of Rates
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind
throughout the country.
No prior notice and hearing is required.
2. QUASI-JUDICIAL
If the rules and rates imposed apply exclusively to a particular party,
based upon a finding of fact. Prior notice and hearing is required.
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;
bodies in deference to the doctrine of separation of po
wers.
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.

Order made in excess of power

3. Exceptions
Doctrine of Primary Jurisdiction
1. This doctrine states that courts cannot or will not determine a a. when the question raised is purely legal, involves constitutional
controversy which requires the expertise, specialized skills and
questions
knowledge of the proper administrative bodies because technical
b. when the administrative body is in estopped
matters of intricate questions of fact are involved.
c. when act complained of is patently illegal
2. Relief must first be obtained in an administrative proceeding before
d. when there is urgent need for judicial intervention
a remedy will be supplied by the court even though the matter is
within the proper jurisdiction of a court.
e. when claim involved is small
f. when irreparable damage is involved
Doctrine of Prior Resort
g. when there is no other plain, speedy , adequate remedy
h. when strong public interest is involved
When a claim originally cognizable in the courts involves issues which,
I. when the subject of controversy is private land
under a regulatory scheme are within the special competence of an
1. in quo warranto proceedings
administrative agency, judicial proceedings will be suspended pending
2. When the administrative remedy is permissive, concurrent
the referral of these issues to the administrative body for its view.
3. utter disregard of due process
4. long-continued and unreasonable delay
Note: The doctrines of primary jurisdiction and prior resort have been
5. amount involved is relatively small
considered to be interchangeable.
6. when no administrative review is provided
7. respondent is a department secretary (DOCTRINE OF QUALIFIED
Doctrine of Exhaustion of Administrative Remedies
POLITICAL AGENCY – ALTER EGO DOCTRINE)
1. Under this doctrine, an administrative decision must first be
appealed to the administrative superiors up to the highest level
Substantial evidence – defined to mean not necessarily preponderant
before it may be elevated to a court of justice for review.
proof as required in ordinary civil cases but such kind of relevant
1. Reasons :
1. to enable the administrative superiors to correct the err
evidence which a reasonable mind might accept as adequate to support
ors committed by their subordinates. a conclusion.
2. courts should refrain from disturbing the findings
Reference: Ateneo
of administrative.