Академический Документы
Профессиональный Документы
Культура Документы
(2018)
NOEL OSTREA, ATENEO COLLEGE OF LAW
KEY CONCEPT OUTLINE
1. The Constitution
2. Law, or
3. By authority of law
EXAMPLES of AAs (APPEAL TO CA)1
▶ CSC2 ▶ NEA
▶ CBAA ▶ ERB
▶ SEC ▶ NTC
▶ OP ▶ DAR
▶ LRA ▶ GSIS
▶ SSS ▶ ECC
▶ CAB ▶ IC
RATIONALE
COMPLEXITY REQUIRES
SPECIALIZATION
RATIONALE
Attached
▶ With Prez as Chair
▶ ▶ Under Prez’s supervision and
Executive control
Under administrative supervision of
Agencies
▶
OP
▶ Attached to OP for policy and
proper coordination
▶ Not placed under any other
department
ASPECTS OF PREZ REORGANIZATION
What is a:
▶ Express
▶ Implied (by
necessary
implication)
▶ Inherent
powers are
excluded
NATURE OF ADMI POWERS
1. Jurisdiction is
limited
2. Construction is
broad
3. Limited or
defined by law
POWERS
1. Quasi-legislative power
2. Quasi-judicial power
3. Others
▶ Former SOJ Neptali GONZALES has referred to these as “incidental”
powers
▶ E.g. Investigation, supervising, prosecuting, advising and informally
adjudicating
OTHER POWERS
Determinativ Investigatory
e
DETERMINATIVE POWERS
Dispensing
(3. 3. The authority to exempt from or relax
a general prohibition, or authority to
4. Summary relieve from an affirmative duty.1
4. Those that apply compulsion or force
5. Equitable) against a person or property to
effectuate a legal purpose without a
judicial warrant to authorize such
action. 2
5. To determine the law upon a
particular state of facts. 3
SCOPE OF INVESTIGATORY POWERS
▶ Rule-making power
▶ The power to make rules and
regulations which results in
delegated legislation
▶ Valid regulations have the force and
effect of law
REQUISITES OF Q-L POWER
▶ Interpretative rule1
▶ Supplementary or
detailed ??
legislation2
▶ Contingent
legislation3,4
INTERPRETATIVE RULE
▶ Correctness--
▶ Does the rule correctly
interpret the statute?
TESTS, SUPPLEMENTARY
(or delegated) LEGISLATION
▶ Interpretative ▶ Subordinate
rules are the legislation
product of ▶ Create new
interpretation of provisions that
the law have the effect of
law
▶ Necessarily
▶ Require an express
incidental to delegation of law
administration of
▶ May provide for
CONTINGENT LEGISLATION
Such an arrangement has been accepted as a fact of life of modern governments and
cannot be considered violative of due process as long as the cardinal rights laid down by
Justice Laurel in the landmark case of Ang Tibay v. Court of Industrial Relations are
observed.1
VOID FOR VAGUENESS DOCTRINE
When:
▶ It violates due process
▶ It lacks comprehensible standards that “men of common
intelligence must necessarily guess as to its meaning and differ in its
application
▶ It leaves law enforces unbridled discretion to carry out its provisions
▶ It must be “utterly vague” in that it cannot be clarified by saving
clause or construction .
QUASI-JUDICIAL POWER
QUASI-JUDICIAL POWER
▶ Administrative
adjudicatory power
▶ Power to hear and
determine or ascertain
facts and apply the rule
of law to the
ascertained facts
▶ Any power of an
administrative agency
other than rule-making
but including licensing
QA v. QJ Power
▶ Of particular
▶ Generally
prospective, application
applicable in the
future
▶ Present
CAN REGS IMPOSE PENAL
SANCTIONS?
▶ YES, if the:
▶ Two (2) days before the effectivity of RA 76541, RMC 37-93 was
issued reclassifying said brands as “locally manufactured cigarettes
bearing foreign brands” and subjecting them to increased ad
valorem taxes as such at the increased rate of 55%
▶ Previously, they were taxed from 15% to 45% as local brands
COMM’R OF INT. REV. V. CA1
ISSUES:
▶ Interpretative Rule
▶ Supplementary or detailed legislation
▶ Contingent legislation
COMM’R OF INT. REV. V. CA
▶ Is it exclusive?
PUBLICATION
PUBLICATION: TANADA v TUVERA1
As early as 1986, this Court in Tanada v. Tuvera enunciated that publication is indispensable
in order that all statutes, including administrative rules that are intended to enforce or
implement existing laws, attain binding force and effect, to wit: (next slide)
TANADA v TUVERA (2)
Covered by this rule are presidential decrees and executive orders promulgated by the President in
the exercise of legislative powers whenever the same are validly delegated by the legislature or, at
present, directly conferred by the Constitution.
TANADA (4):
PUBLICATION, ADMI RULES
Administrative rules and regulations must also be published if
their purpose is to enforce or implement existing law
pursuant also to a valid delegation.
▶ However, interpretative regs, those merely internal in nature or LOIs need not be
published.1
PUBLICATION; ADMI CODE
Filing. (1) Every agency shall file with the University of the Philippines
Law Center three (3) certified copies of every rule adopted by it.
Rules in force on the date of effectivity of this Code which are not
filed within three (3) months from the date shall not thereafter be the
basis of any sanction against any party or persons.1
PUBLICATION AND
RATE-FIXING; ADMI CODE
Section 9, Chap. II, Bk. VII entitled, Public Participation--
(1) If not otherwise required by law, an agency shall, as far as
practicable, publish or circulate notices of proposed rules and
afford interested parties the opportunity to submit their views
prior to the adoption of the rule.
(2) In the fixing of rates, no rule or final order shall be valid unless
the proposed rates shall have been published in a newspaper
of general circulation at least two (2) weeks before the first
hearing thereon.
(3) In case of opposition, the rules on contested cases shall be
observed.
APPLICATION
Is rate-fixing QA or QJ?
Jurisdiction
Notice, and
Hearing
PROCEEDINGS
LIBERALLY CONSTRUED
Administrative proceedings are not bound by the rigid requirements of
the Rules of court. The important consideration is that both parties
were afforded an opportunity to be heard and they availed
themselves of it to present their respective positions on the matters in
dispute.1
The rule of res judicata thus forbids the reopening of a matter once
determined by competent authority acting within their exclusive
jurisdiction.1
Faith is the substance of things hoped for,
the evidence of things not seen. (KJV)
Faith is being sure of what we hope for and
being certain of what we do not see. (NIV)
(Hebrews 11:1)
END