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.”

I. Definition

Administrative rule - any agency statement of general applicability that implements or interprets a
law, fixes and describes the procedures in, or practice requirements of an agency, including its
regulations. (Admin. Code of 1987)

Administrative regulation - are intended only to implement the law and to carry out the legislative
policy.

Administrative order - is any authoritative instruction or command issued in pursuance of the

objective of observing such mandate

II. Delegation of power to make law vs. Conferring of authority in pursuance of law

- Former cannot be done as it involves the discretion as to what the law shall be ; the latter is
valid

III. Sources and Tests of Delegation

Source - derived from the legislature by virtue of a valid delegation

Tests of Delegation: Completeness test and Sufficient standard test

Completeness test - 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.

Sufficient standard test - that the law must offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy and specify the conditions under which it is to
be implemented. Among others, they are public interest, simplicity, economy, efficiency and public
welfare.

IV. Kinds of Administrative Regulations

Administrative regulations have the force and effect of law however, agencies are not authorized
to substitute their own judgment for any applicable law.

Interpretative vs. Legislative Regulations

Interpretative regulations - designed to provide guidelines to the law which the administrative
agency is in charged of enforcing.

Legislative regulations - subordinate legislation designed to implement a primary legislation by

providing the details thereof.

LR has the force and effect of law while IR merely interprets the statute.

LR is issued pursuant to a valid delegation of legislative power while IR only is an incident of its
power to enforce the law and merely to clarify the provisions.
LR is classified into Supplementary and Contingent.

Supplementary - is intended to fill in the details of the law and to make explicit what is only
general. It is only to enlarge upon a statue subject to the standards fixed.

Contingent - issued upon the happening of a certain contingency which the administrative body is
given the discretion to determine the existence of a particular contingency and on the basis
enforce or suspend the operation of law.

V. Requisites

1) promulgation must be authorized by the legislature

- authority is usually conferred by the charter or by the law it is to enforce

- the limitation to this rule-making power is that the regulation should not be in
contravention with the law

2) must be within the scope of authority given by the legislature

- must not be ultra-vires or beyond the limits

- in case of conflict the law must prevail over the regulation
- should be germane to the purposes of the law
- should conform to the standards fixed by law

3) must be promulgated in accordance with the prescribed procedure

- regulations of general application as a rule does not require previous notice and
hearing
- except: where the legislature so requires or when the regulation is in effect a settlement
of a controversy between specific parties (considered as admin. Adjudication)
- Interpretative regulations and those merely internal in nature need not be published
- administrative regulation may be published if it is of general application and punitive

4) must be reasonable

- must involve public welfare and method employed must be reasonably related to the
purposes of the rule and not arbitrary

Penal Clauses

- As a general rule, the power to define and punish crimes is purely legislative.
- Exception: when the legislature makes regulations punitive

Requisites for a regulation with a penal sanction:

1) the law itself must make violation of the administrative regulation punishable
2) the law must impose and specify the penalty for the violation
3) the regulation must be published

VI. Construction

- Should be read in harmony with the law

- Operate prospectively unless the legislature’s intent is otherwise
- In case of a statute, the intention must be sought through extrinsic and intrinsic aids
- Interpretation by administrative agencies are given weight and respect by the courts
- An admin. officer may revoke or repeal the previous acts or rulings of his predecessor