Legislative Power The power to make, alter and repeal laws.

-Constitution: legislative power shall be vested in Congress consisting of the Senate and the House of Representatives, except to the extent reserved to the people by initiative and referendum. *Doctrine of Separation of Powers: prohibits the delegation of purely legislative power. It operates to maintain legislative powers to legislative department, executive powers to executive department, and those which are judicial in character to the judiciary. Through this allocation of powers, the person entrusted shall not be permitted to encroach upon the power confided to the others, but that each shall, by the law of its creation, be limited to the exercise of the powers appropriate to its own department and no other. There must be independence and equity of the several departments. The separation of powers however should not be interpreted as complete separation and absolute exclusion. The doctrine carries that although the three branches are not subject to the control by either of the others and each is supreme within its own sphere, they are still equal and coordinate. Equal because they all derive their powers from the same common sovereign through the constitution. And coordinate because they cannot simply ignore the acts done by other departments as nugatory and not binding. Non-delegation of legislative power: Power conferred upon the legislature to make laws cannot be delegated by that department to any other body or authority. -Exemptions to Non-delegation of Powers: Delegation to the President (e.g. Sec. 23(2) war and 28 (2) tariff rates, Art. 4 of the Constitution. Delegation to the local governments (e.g. Sec. 48, Local Government Code) Delegation to the people Delegation to the Supreme Court (e.g. Sec. 5(5), Art. VIII, Constitution) Delegation to the Supreme Court (e.g. Sec. 5(5), Art. VIII, Constitution) Delegation to Administrative Agencies Quasi-Legislative power 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. It has the force and the effect of law. Legislation in Administrative Agencies: Subordinate Legislation Through subordinate legislation, it is possible for the administrative body to transmit the active power of the state from its source to the point of application, that is, apply the law and so fulfill the mandate of the legislature. How does subordinate legislation affect separation of powers? -While generally it is prohibited for one branch to act the task of the other, no one branch can stand without the other. With the power of subordinate legislation, the legislature grants authority to administrative agencies to issue rules and regulations concerning how the law entrusted to them for implementation may be enforced and with the increasing complexity of the task of the government and the growth of society has ramified legislature with problems they do not have time to attend to therefore delegation of powers has become frequent and necessary and has led to the observation that the delegation of legislative power has become the rule and its non-delegation the exception.

Tests to know if purely legislative are delegated: (What cannot be delegated) power to make the law, or to determine what the law shall be alter or repeal it power to declare whether or not there shall be a law, determine the purpose to be achieved by law What can be delegated? -how the law shall be enforced -issue rules to fill in details -ascertain facts on which the law will operate -exercise police power -and fix rates Tests to determine validity of delegation Completeness Test The law must be complete in all its items and conditions when it leaves the legislature such that when it reaches delegate the only thing delegate will do is to enforce it. >Statute may be complete when the subject, the manner and the extent of its operation are stated in it. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate. Sufficient Standard Test It lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegates authority and prevent the delegation from running riot. To be sufficient, the standard must specify the limits of the delegates authority announce the legislative policy and identify the conditions under which it is to be implemented. *Both tests must be done on a law. It cannot be that only one test will be done. Usual issues on validity of delegation .against delegating statute itself Refers to the question as to whether or not the requisites of valid delegation are present: the completeness of statute making the delegation and the presence of a sufficient standard. Any of these requisites absent, the statute making the delegation is unconstitutional. .against exercise of delegated power Refers to the question as to whether or not the rule or regulation conforms with what the statute provides and whether it is reasonable. If the rule expands or restricts the statute or is unjust or unreasonable, the same is invalid. 3 Kinds of Administrative Regulations Subordinate .supplementary, detailed, rule-making by reason of particular delegation of authority -refers to the power to issue rules and regulations which have the force and effect of the law. Interpretative .rule-making power by construction and interpretation of statute being administered -refers to the power of administrative agencies to interpret and construe statutes entrusted to them for implementation. Interpretation is of three kinds: .interpretation as incident of execution of law .interpretation handed down by Secretary of Justice upon request of a government agency/official

.interpretation in adversary proceedings Contingent .determination under which when shall statute take effect, interprets the statute that is being administered, determination of facts under delegated power as to which a statute shall go into effect -refers to ascertainment of facts which will form the basis for enforcement of a statute. Requisites for validity of rules and regulations promulgation must be authorized by legislature must be promulgated in accordance with the prescribed procedure *If pursuant to Subordinate Legislation must be within the scope of authority given by legislature *Must not be ultra vires= beyond the authority conferred by law must be reasonable *Must not be arbitrary, must have reasonable connection to the law Executive Construction/Interpretations -The duty of enforcing the law which devolves upon the executive branch of government necessarily calls for interpretation of its ambiguous provisions. Construction by an executive or administrative officer directly called to implement the law. ^may be expressed or implied. ^express: interpretation embodied in circular, directive or regulation ^implied: interpretation by usage or practice of a statute. Construction by the Secretary of Justice in his capacity as chief legal adviser of the Government ^it is in the form of opinions issued upon request of administrative or executive officials who enforce the law. In the absence of judicial ruling, opinions of Secretary of Justice are generally controlling among administrative and executive officials of government. ^However, the President or Executive Secretary by authority of President has the power to modify, alter or reverse the construction of a statute given by a department secretary, in exercise of Presidents power of control over executive departments. Construction by an executive officer exercising quasi-judicial power in the form of a ruling in the interpretation handed down in an adversary proceeding ^distinction between an interpretation by an executive officer charged with the enforcement of a law and that handed down by an executive or administrative official in an adversary proceeding ^distinction is necessary because the position of the public officer , charged with the enforcement of a law, is different from the one who must decide a side which he represents, upon which lies responsibility of decision

When is publication of rules and regulations not necessary? -when administrative rules and regulations are interpretative and internal rules When is notice and hearing in promulgation of rules and regulations required? *The question as to whether the issuance of a rule or order by an administrative body requires prior notice and hearing depends upon the nature of the power exercisedwhether it is quasi-judicial or quasi-legislative. Where the function of administrative agency is quasi-legislative, notice and hearing is not required, however, where an order applies to a name person, function involved in adjudicatory and notice and hearing is required. Notice and hearing are not essential to the validity of administrative action where administrative body acts in exercise of executive, administrative, or legislative functions since there is no determination of past events or facts that have to be established or ascertained but where the admin. body acts in a judicial or quasi-judicial matter and its acts are particular and immediate rather than general and prospective, person whose rights or property may be affected by action is entitled to notice and hearing. Power to fix Rates Legislature usually delegates its rate fixing power to administrative agencies for the latter to fix the rates which public utilities may charge the public. Administrative agencies perform this function either by issuing rules and regulations in the exercise of their quasi-legislative power or by issuing orders affecting a specified person in the exercise of its quasi judicial power. Does fixing rates need notice and hearing? -only when administrative agency is quasi-judicial in nature. *Penal Regulations -Power to punish and define a crime is purely legislative and may not be delegated to administrative agencies. -Can administrative agencies define penalties? No. Special Requisites of a valid Administrative Regulation with a Penal Sanction: -Law itself must make violation of the administrative regulation punishable. -Law itself must impose and specify penalty for violation of regulation. -Regulation must be published.

When is publication of rules necessary? -administrative rules and regulations which are general in character and which carry criminal or penal sanctions.

Administrative Law: Branch of modern law under which executive department of the government, acting in a quasi legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community. Embraces all laws that control, or is intended to control, administrative operations of the government.

This field of law is a recent development being the consequence of the ever increasing complexities of society and the proliferation of problems of government that cannot readily or effectively be addressed by traditional public agencies or solved by other disciplines of public law. Policy behind the creation of this branch of law: 1987 Administrative Code of the PH

-Regulation of Private Rights for public welfare. -Concerned with agencies exercising delegated powers and combined powers.

Object and Scope behind Administrative Law:

*Sources of Administrative Law -Constitutional or statutory enactments creating administrative bodies -Decision of courts interpreting the charters of administrative bodies and defining their powers, rights and effects of their regulations. -Rules and Regulations issued by administrative bodies in pursuance to the reason they were created. -Determination and orders of administrative bodies in settlement of controversies arising in their respective fields. Quasi Legislative vs. Quasi Judicial Power Rules and regulations issued in the exercise of rule making power is to implement its purely administrative policies and functions. Quasilegislative power is to make rules and regulations which results in delegated legislation that is within the confines of granting statute and doctrine of non-delegability and separability of powers while Quasi Judicial is the power to hear and determine questions of fact to which the legislative policy is to apply and decide in accordance with the standards laid down by law itself in enforcing and administering the same law.