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Manila electric company v.

Pasay transportation It is judicial power and judicial power only which is

exercised by the Supreme Court. Just as the
Supreme Court, as the guardian of constitutional
rights, should not sanction usurpations by any other
department of the government, so should it as
strictly confine its own sphere of influence to the
powers expressly or by implication conferred on it.
The Supreme Court and its members should not
and cannot be required to exercise any power or to
perform any trust or to assume any duty not
pertaining to or connected with the administering of
judicial functions

Noblejas v. Teehankee if the Legislature had really intended to include in

the general grant of "privileges" or "rank and
privileges of Judges of the Court of First
Instance" the right to be investigated by
the Supreme Court, and to be suspended or
removed only upon recommendation of that
Court, then such grant of privileges would-be
unconstitutional, since it would violate the
fundamental doctrine of separation of powers, by
charging this court with the administrative function
of supervisory control over executive officials

Garcia v Macaraig It is thus of grave importance to the judiciary under

our present constitutional scheme of government
that no judge of even the lowest court in this
Republic should place himself in a position where
his actuations on matters submitted to him for
action or resolution would be subject to review and
prior approval and, worst still, reversal, before they
can have legal effect, by any authority other than
the Court of Appeals or this Supreme Courts.

In RE: Judge Manzano Administrative functions are those

which involve the regulation and control
over the conduct and affairs of individuals
for; their own welfare and the promulgation
of rules and regulations to better carry out
the policy of the legislature or such as are
devolved upon the administrative agency by
the organic law of its existence.

De la Llana v. Alba Removal is to be distinguished from

termination by valid abolition of the office.
There can be no tenure to a non-existent office.
After the abolition, there is in law no occupant.
In case of removal, there is an office with an
occupant who would thereby lose his position.
It is in that sense that from the standpoint of
strict law, the question of any impairment of
security of tenure does not arise.
MEDALLA v. SAYO The local executive is not allowed to
have the choice of men of his confidence as a
valid exercise of power

Llanga Bay Logging v Enage findings of fact by an administrative

board or agency or official, following a hearing,
are binding upon the courts and will not be
disturbed except where the board, agency and/
or official(s) have gone beyond their statutory

U.S.v ANG TANG HO By the terms of the Organic Act, subject

only to constitutional limitations, the power to
legislate and enact laws is vested exclusively in
the Legislativ. As to the question here involved,
the authority of the Governor-General to fix
the maximum price at which palay, rice and
corn may be sold is in violation of the organic

PEOPLE v VERA 1.An act of the legislature is incomplete

and hence invalid if it does not lay
down any rule or definite standard by
which the administrative officer or
board may be guided in the exercise
of the discretionary powers delegated
to it.
PELAEZ v AUDITOR GENERAL The alleged power of the President to
create municipal corporations would
necessarily connote the exercise by him of an
authority even greater than that of control
which he has over the executive departments,
bureaus or offices. In other words, Section 68
of the Revised Administrative Code does not
merely fail to comply with the constitutional
mandate. Instead of giving the President less
power over local governments than that vested
in him over the executive departments,
bureaus or offices, it reverses the process and
does the  exact opposite, by conferring upon
him  more  power over municipal corporations
than that which he has over said executive
departments, bureaus or offices.


It is a fundamental principle flowing

from the doctrine of separation of powers that
Congress may not delegate its legislative power
to the two other branches of the government,
subject to the exception that local governments
may over local affairs participate in its

Completeness test - laws must be complete

before it is delegated.

PHILCOMSAT v ALCUAZ with regard to rate-fixing, respondent

has no authority to make such order without
first giving petitioner a hearing, whether the
order be temporary or permanent. In the Case
at bar the NTC didn’t scheduled hearing nor it
did give any notice to the petitioner.

DEFENSOR-SANTIAGO v. COMELEC Potestas delegata non delegari potest

What has been delegated, cannot be

delegated. The recognized exceptions to the
rule are: [1] Delegation of tariff powers to the
President; [2] Delegation of emergency powers
to the President; [3] Delegation to the people at
large; [4] Delegation to local governments; and
[5] Delegation to administrative bodies.
ABAKADA GURO party list v. Executive Secretary 1.In testing whether a statute constitutes
an undue delegation of legislative
power or not, it is usual to inquire
whether the statute was complete in
all its terms and provisions when it
left the hands of the legislature so
that nothing was left to the judgment
of any other appointee or delegate of
the legislature.

Review Center association of the Philippines v The President has the authority to
Executive secretary Ermita assume directly the functions of the executive
department, bureau and office, or interfere
with the discretion of its officials. Corollary to
the power of control, the President also has the
duty of supervising the enforcement of laws for
the maintenance of general peace and public
order. Thus, he is granted administrative
power over bureaus and offices under his
control to enable him to discharge his
duties effectively

Lovina v Moreno Restriction on grant of judicial power-

The judicial power which may be exercises by
administrative agencies is a restricted one,
limited to what is incidental and reasonably
necessary to the proper and efficient
administration of the statutes that are
committed to them for administration.

Alegre v Collector of customs “Filling up the details” - Delegation to

Administrative Agencies; The legislature must
declare a policy and fix a standard in enacting
a statute conferring discretionary power upon
an administrative agency, but the agency may
be authorized to "fill up the details" in
promoting the purposes of the legislation and
carrying it into effect

CAWAD v ABAD Definition - Quasi-Legislative Power; Quasi-

legislative power is exercised by
administrative agencies through the
promulgation of rules and regulations
within the confines of the granting statute
and the doctrine of non-delegation of powers
from the separation of the branches of the
TOLEDO v. CSC and Comelec The power vested in the Civil Service
Commission was to implement the law or put it
into effect, not to add to it; to carry the law into
effect or execution, not to supply perceived
omission in it.

CIR v.TAX APPEALS Administrative issuances must not

override but must remain consistent and in
harmony with the law they seek to apply and

Tanada v. Tuvera Publication is indispensable in every case, but

the legislature may in its discretion provide
that the usual fifteen-day period shall be
shortened or extended.

national telecommunications commission v. Express Publication in the OfficialGazette or a

communication newspaper of general circulation is a condition
sine qua non before statutes, rules and
regulations can take effect.

GMA network v MTRCB The 1987 Administrative Code, section 3,

expressly requires each agency to file with the
Office of the National Administrative Remedies
(ONAR) of the UP Law Center three certified
copies of every rule adopted by it.
PEOPLE v QUE PO LAY NO. Circulars and regulations which prescribe
a penalty for its violation should be published
before becoming effective. Before the public
may be bound by its contents, especially its
penal provisions, a law, regulation or circular
must be published and the people officially and
specifically informed of said contents and its

PEOPLE v MACEREN Why administrative agencies wield rule making


Panay autobus v Phil. Railway The rates of public services like the
Philippine Railway Co. have been approved or
fixed by the Public Service Commission and
any change in such rates must be authorized
or approved by the Public Service Commission
after they have been shown to be just and

hon. Garcia v LTFRB  doctrine of Potestas delegate non

delegari (what has been delegated cannot be

EVANGELISTA v. JARENCIO Administrative agencies may enforce

subpoenas issued in the course of
investigations, whether or not adjudication is
involved, and whether or not probable cause is
shown and even before the issuance of a
complaint. It is not necessary, as in the case of
a warrant, that a specific charge or complaint
of violation of law be pending or that the order
be made pursuant to one. It is enough that the
investigation be for a lawfully authorized