Distinctions between Quasi-legislative power and legislative power

1. 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. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.

Tests of Delegation (applies to the power to promulgate administrative regulations )

1. 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. 2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the delegates authority, announce the legislative policy and specify the conditions under which it is to be implemented. The true distinction is between the delegation of power to make the law, which necessarily involves discretion as to what it shall be, and conferring authority or discretion as to its execution to be exercised under and in pursuance of the law. The first cannot be done; to the latter, no valid objection can be made. Tio vs Videogram Regulatory Board

Requisites of a Valid Administrative Regulation

1. 2. 3. 4. Its promulgation must be authorized by the legislature. It must be within the scope of the authority given by the legislature. It must be promulgated in accordance with the prescribed procedure. It must be reasonable.

Its promulgation must be authorized by the legislature. The authority to promulgate the regulation is usually conferred by the charter itself of the administrative body or by the law its supposed to enforce. Ex: SEC is vested the power and authority to implement the provisions of the Corporation Code. It must be within the scope of the authority given by the legislature. This means that the regulation promulgated must not be ultra vires or beyond the limits of the authority conferred. An administrative agency cannot amend an act of Congress. Ex: The Fisheries Law does not expressly prohibit electro fishing. As electro fishing is not banned under that law, the Secretary of Agriculture and Natural Resources and the Commissioner of Fisheries are powerless to penalize it. Had the law making body intended to punish electro fishing, a penal provision to that effect could have been easily embodied in the old Fisheries Law. Nowhere in the said law is electrofishing specifically punished. People v Maceren It must be promulgated in accordance with the prescribed procedure. Need for previous

notice and hearing: General Rule: Administrative rules of GENERAL application do NOT require
previous notice and hearing. Exception: When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. If the regulation is in effect a settlement of a controversy between specific parties, it is considered an

administrative adjudication, requiring notice and hearing. Ex: 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.
It must be reasonable. It must not be unreasonable or arbitrary as to violate due process. The authorities should not act arbitrarily and capriciously in the issuance of rules and regulations. If shown to bear no reasonable relation to the purposes for which they are authorized to be issued they must be invalid. It must involve public welfare. Ex: Phasing out taxicabs more than six years old as reasonable regulation to promote public convenience and comfort and protect the safety of the passengers. Taxicab Operators of Metro Manila v Board of Transportation.

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. The law itself must make violation of the administrative regulation punishable. Selfexplanatory. Ex: Act No. 4003 does not contain a provision prohibiting boats not subject to license to fish within the stipulated areas without the written permission of the secretary. Since the Act itself does not contain such prohibition, the rules and regulation promulgated by the Secretary of Agriculture to carry into effect the provisions of the law cannot incorporate such prohibition. People v Santos The law itself must impose and specify the penalty for the violation of the regulation. Selfexplanatory / tinatamad lang ako, haha! The regulation must be published. 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 regulations2.Internal rules and regulations governing the personnel of the administrative agency. The affectivity of laws or rules published in the Official Gazette is determined from the date of release of circulation of the edition of the Official Gazette in which said law or rule appears.

How Administrative Regulations Enforced by Administrative Bodies

It is established that the power to promulgate administrative regulations carries with it the implied power to enforce them. This may be effected through: 1. Judicial action, as in petitions for mandamus and injunction

2. Sanctions that the statute itself may allow the administrative body to impose In most cases, it is the statute creating the administrative body that will provide for the means by which the administrative regulations will be enforced although, the usual judicial actions may also be available. As an example, The Department of Trade and Industry may as authorized by law, padlock a store found to be selling articles for more than the prescribed maximum prices and later, if the regulation violated is penal in nature, may also file a criminal action against the violator. The power to enforce administrative regulations likewise includes the power to issue opinions and rulings to enable the administrative agency to properly execute regulations.