You are on page 1of 5


Power to Supervise - The power of a superior

LAWS officer to ensure that the laws are faithfully
(PRELIMS) executed by subordinates.

SOURCES: CRUZ; GN 2017; NACHURA 4. Q: What are the general classifications of powers of
an administrative body?
1. Q: What is an administrative body or agency? A: The general classifications of powers of an
A: Administrative Law – that branch of modern law administrative body are as follows:
a. Regulatory
under which the executive department of the Rich QIDD
government, acting in a quasi-legislative or quasi-judicial b. Quasi-judicial
capacity, interferes with the conduct of the individual for c. Investigative
the purpose of promoting the well-being of the d. Discretionary
community. e. Determinative

Administrative law is a recent development, being a 5. Q: Distinguish quasi-judicial power from quasi-
consequence of the ever increasing complexities of legislative power.
society and the proliferation of problems of government
that cannot readily or effectively be addressed by the A:
public agencies or solved by other disciplines of public Quasi-Legislative Power is the rule-making power of the
law. It was felt that the legislative and judicial administrative body that is intended to enable it in order
departments no longer had either the time or the to implement the policy of the law and to provide for the
needed expertise to attend to these new problems. Thus, more effective enforcement of its provisions. Through
the obvious solution was delegation of power. the exercise of this power of subordinate legislation, it is
possible for the administrative body to transmit the
2. Q: How are they created and abolished? “active power of the State from its source to the point of
application,” that is, apply the law and so fulfill the
A: The administrative body may be created by the mandate of the legislature.
Constitution or by a Statute. If created by the
Constitution itself, the administrative body can be Quasi-judicial power is the power of the administrative
altered or abolished only by Constitution. But where the agency to determine questions of fact to which the
body was created only by statute, the legislature that legislative policy is to apply, in accordance with the
breathed life into it can amend or even repeal its charter, standards laid down by the law itself. The proper exercise
thereby resulting in its abolition which is justified if made of the quasi-judicial power requires compliance with two
in good faith. conditions, to wit: (1) Jurisdiction must be properly
acquired by the administrative body (2) Due process
must be observed in the conduct of the proceedings
3. Q: What is the extent of power of Congress over an
administrative body? Kinds of Administrative Regulations
A: Power of control and Supervision (a) Legislative – the administrative agency is acting in a
a. Power of Control - The power of an officer to legislative capacity, supplementing the statute, filling in
alter or modify or nullify or to set aside what a the details, or “making the law”, and usually acting
subordinate has done in the performance of his pursuant to a specific delegation of legislative power. (b)
duties and to substitute one’s own judgment for Interpretative – are those which purport to do no more
that of a subordinate. than interpret the statute being administered, to say
what it means. They constitute the administrator's
construction of a statute.
impossible) to anticipate and provide for the
6. Q: What are the elements of a valid set of rules and multifarious and complex situations that
regulations enacted by an administrative body? may be met in carrying the law into effect.
7. Q: What are the requisites for a valid set of rules ➢ All that is required is that:
and regulations enacted by an administrative body? (1) the regulation should be germane to the
AUTHORIZED, WITHIN THE SCOPE, P3, REASONABLE objects and purposes of the law;
A: (2) that the regulation be not in
1. Its promulgation must be authorized by the contradiction with it, but conforms to the
legislature. standards that the law prescribes.
2. It must be within the scope of the authority given
by the legislature. 12. Q: Is subordinate legislation similar to doctrine of
3. It must be promulgated in accordance with the qualified political agency?
prescribed procedure. A: No. Doctrine of qualified political agency refers to
4. It must be reasonable the acts of the secretaries of the Executive
departments performed and promulgated in the
regular course of business are presumptively the acts
8. Q: Can an administrative body impose sanctions?
of the Chief Executive
A: Generally, no, except when the law authorizes it.
13. Q: Is a trial-type hearing mandatory?
9. Q: What are the requisites for a valid delegation of A: In administrative proceedings, it means the
opportunity to explain one’s side or opportunity to
10. Q: What are the tests in determining whether or not seek a reconsideration of the action or ruling
a delegation of power is valid?
complained of; a formal or trial-type hearing is
A: The tests are:
not, at all times, necessary. (Nachura)
a. Completeness Test - The law must be complete
in all essential terms and conditions when it
14. Q: Are administrative agencies bound by technical
leaves the legislature so that there will be
nothing left for the delegate to do when it rules of procedure?
reaches him except to enforce it.
b. Sufficiency Standard Test – fixes a standard, the A: While administrative determinations of contested
limits of which are sufficiently determinate or at case are by their nature judicial, there is no requirement
least determinable to which the delegate must for strict adherence to technical rules as are observed in
conform in the performance of his functions. truly judicial proceedings. It is a general rule that they are
unrestricted by the technical or formal rules of
11. Q: What is subordinate legislation? procedure which govern trials before a court. This rule is
A: Power of administrative agency to promulgate applied to questions of evidence, pleading and other
rules and regulations on matters within their own matters. Nevertheless, it is essential that due process
specialization. Reason behind the delegation: must be observed, for the requirements of fair play are
➢ It is well established in this jurisdiction that, not applicable to judicial proceedings only.
while the making of laws is a non-delegable 15. Q: What are the cardinal requirements of due
activity that corresponds exclusively to process (Ang Tibay v. CIR)?
Congress, nevertheless the latter may 16. Q: How is due process observed in an
constitutionally delegate authority to administrative proceeding?
promulgate rules and regulations to A:
implement a given legislation and effectuate 1. Right to a hearing which includes the right to
its policies, for the reason that the present one’s case and submit evidence in support
legislature often finds it impracticable (if not thereof.
2. The tribunal must consider the evidence of determinations of administrative officers or
presented. agencies:
3. The decision must be supported by evidence. First, before said actions may be entertained, it must
4. Such evidence must be substantial. be shown that all the administrative remedies
5. The decision must be rendered on the evidence prescribed by law or ordinance have been
presented at the hearing or at least contained in the exhausted; and,
record, and disclosed to the parties affected. Second, that the administrative decision may
6. The tribunal or body or any of its judges must act properly be annulled or set aside only upon a clear
on its own independent consideration of the law and showing that the administrative official or tribunal
facts of the controversy in arriving at a decision. has acted without or in excess of jurisdiction, or with
7. The board or body should render decision in such a grave abuse of discretion.
a manner that parties can know the various issues
involved and the reasons for the decision rendered. 19. Q: As regards publication, are all IRRs required to be
published? If so, why and how?
It is basic to due process that the tribunal considering
the administrative question be impartial, to ensure a A: Interpretative regulations and those merely internal in
fair decision. The law does not require another nature, that is, regulating only the personnel of the
notice and hearing for a review of the decision of the administrative agency and not the public, need not be
board. published. Publication must be in full or it is no
publication at all since its purpose is to inform the public
of the contents of the law. The Supreme Court, it would
17. Q: Can notice and hearing be dispensed with in an
administrative proceeding, without violating the seem, requires publication of the administrative
requirements of substantial due process? regulation only if it is of general application and penal in
A: nature.
The right to notice and hearing is essential to due 20. Q: Distinguish quasi-judicial power from judicial
process and its nonobservance will as a rule power.
invalidate the administrative proceedings. Persons A:
are entitled to be notified of any pending case Quasi-Judicial Power is the power of the
affecting their interests so that, if they are minded, administrative authorities to make determinations
they may claim the right to appear therein and of facts in the performance of their official duties and
present their side or refute the position of opposing to apply the law as they construe it to the facts so
parties. Nevertheless, there are instances when found.
notice and hearing can validly be omitted. Judicial Power is the power vested with the Supreme
Court to administer and interpret laws.
Among the justifications for such omissions are the
urgency of immediate action (which does not 21. Q: Is the judiciary the least power of all branches of
preclude the enjoyment of the right at a later time government?
without prejudice to the person affected) and the A: No. The Principle of Separation of Powers dictates
fact that the right had previously been offered but
1.Urgency of immediate action interdependence and equality among the three
not claimed.2. The right had previously been branches of government.
offered but not claimed
18. Q: When will a petition for certiorari lie? 22. Q: When can a court acquire jurisdiction over an
A: The Supreme Court instructed certain universally administrative case?
accepted axioms governing judicial review through A: In case of grave abuse of discretion.
the extraordinary actions of certiorari or prohibition
23. Q: Why is a court not empowered to take A: . The doctrine of primary jurisdiction simply calls for
cognizance of an administrative case? the determination of administrative questions, which
A: The court plays a passive role. ordinarily questions of fact, by administrative agencies
rather courts of justice. If the case is such that its
24. Q: What is the doctrine of exhaustion of determination requires the expertise, specialized skills
administrative remedies? and knowledge of the proper administrative bodies
A: Under the doctrine of exhaustion of because technical matters or intricate questions of facts
administrative remedies, an administrative decision are involved, then relief must first be obtained in an
must first be appealed to the administrative superior administrative proceeding before a remedy will be
up to the highest level before it may be elevated to a supplied by the courts even though the matter is within
court of justice for review. the proper jurisdiction of the court.

25. Q: What are the exceptions to the doctrine of

exhaustion of administrative remedies? 28. Q: What is the principle laid down in creating the
A: Civil Service Commission?
(1) When the question raised is purely legal (question A: The Civil Service embraces every branch, agency,
of law is involved); subdivision, and instrumentality of the government,
(2) When the administrative body is estoppel; including every government-owned or controlled
(3) When the act complained of is patently illegal; (4) corporations whether performing governmental or
When there is urgent need for judicial intervention; proprietary functions. [1987 Constitution, Art. IX-B,
Sec. 2(1)]
(5) When the claim involved is small;
(6) When irreparable damage will be suffered;
(7) When there is no other plain, speedy and As the central personnel agency of the government,
adequate remedy. it:
1. Establishes a career service;
26. Q: Can a case be raised to a higher level of 2. Adopts measures to promote morale, efficiency,
administrative office? integrity, responsiveness, progressiveness and
A: YES. courtesy in the Civil Service;
Reasons: 3. Strengthens the merits and rewards system;
(1) The administrative superiors, if given the 4. Integrates all human resources and development
opportunity, can correct the errors committed by programs for all levels and ranks;
their subordinates; 5. Institutionalizes a management climate conducive
(2) Courts should as much as possible refrain from to public accountability. (1987 Constitution, Art. IXB,
disturbing the findings of administrative bodies in Sec. 3)
deference to the doctrine of separation of powers; Composition of the CSC
(3) On practical grounds, it is best that the courts A. Chairman
should not be saddled with the review of B. 2 Commissioners
administrative cases; The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on
(4) Judicial review of administrative cases is usually Appointments for a term of seven years without
effected through the special civil actions of reappointment.
certiorari, mandamus and prohibition, which are
NOTE: Appointment to any vacancy shall be only for the
available only if there is no other plain, speedy and
unexpired term of the predecessor. In no case shall any
adequate remedy. Member be appointed or designated in a temporary or
acting capacity [1987 Constitution, Art. IX-B, Sec. 1(2)]
27. Q: What is the doctrine of primary jurisdiction?
1. Natural-born citizen,
2. At least 35 years old at the time of appointment, c. Highly technical – requires technical skill or
3. With proven capacity for public administration; training in the highest degree.
4. Not a candidate in any election immediately
preceding the appointment [1987 Constitution, Art. IX-B, 31. Q: In case a corporation created by a special law is
Sec 1(1)] acquired by a corporation created under general
corporation law, are the employees of the former
29. Q: What are the different classifications of positions covered by the NLRC or the CSC?
under the civil service? A:
a. Career Service - The Career Service shall be 32. Q: Ruego case (about appointment and
characterized by (1) entrance based on merit and qualifications)
fitness to be determined as far as practicable by A:
competitive examinations, or based on highly
technical qualifications; (2) opportunity for
advancement to higher career positions; and (3)
security of tenure.

b. Non-Career Service - The Non-Career Service

shall be characterized by (1) entrance on bases
other than those of the usual tests of merit and
fitness utilized for the career service; and (2)
tenure which is limited to a period specified by
law, or which is coterminous with that of the
appointing authority or subject to his pleasure,
or which is limited to the duration of a particular
project for which purpose employment was

30. Q: What are the different positions under the career

1. Competitive positions – according to merit and
fitness to be determined by competitive
examinations, as far as practicable.
2. Non-competitive positions – do not have to take
into account merit and fitness. No need for
competitive examinations.
a. Policy-determining – tasked to formulate a
method of action for the government or any of
its subdivisions.
b. Primarily confidential – duties are not merely
clerical but devolve upon the head of an office,
which, by reason of his numerous duties,
delegates his duties to others, the performance
of which requires skill, judgment, trust and