General Principles Admin law - The branch of public law that fixes the organization of the government and

determines competence of
authorities who execute the law and indicates to individual remedies for the violations of his rights. administrative agency is judicially defined as government body charged with the administering and implementing particular legislation examples are workers compensation commissions and the like. The term agency includes any department, independent establishment, commission, administration, authority or bureau. A. 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

Q: How are administrative bodies created? A: by: 1) Constitutional provision (eg. Office of the President; COMELEC) - cannot be abolished with amending the Constitution 2) Legislative enactment - can be abolished by Congress through a law 3) Authority of law (ie. the President, under AO 292 RAC) - here, President can create administrative agency; President no longer ask authority from the Congress II. POWERS OF ADMINISTRATIVE BODIES: 1. Quasi-legislative or rule-making power; 2. Quasi-judicial or adjudicatory power; and 3. Determinative powers.

QUASI-LEGISLATIVE FUNCTION - aka: Rule-making Power of administrative agencies which has the force & effect of a law.
This is the exercise of delegated legislative power, involving no discretion as to what the law shall be, but merely the authority to fix the details in the execution or enforcement of a policy set out in the law itself.

2 Kinds of Rules 1. Legislative rules (w/c has the force & effect of law because it affects the general public) - they must always be published to be valid - these are mere subordinate legislation, therefore, they cannot amend the law 2. Internal rules (no force & effect of law because they do not affect the general public)
kinds of quasilegislative power: 1) Legislative regulation - Administrative agencies in the discharge of their duties are necessarily called upon to construe and apply
the provisions of the law under which they function. They can interpret their own rules, which have the force and effect of law. PROVIDED: o Does not change the character of a ministerial duty, o Does not involve unlawful use of legislative or judicial power. 2) Supplementary or detailed legislation which is intended to fill in the details of the law and to make explicit what is only

general. e.g. Rules and Regulations Implementing the Labor Code. 3) Contingent legislation in which administrative agencies are allowed to ascertain the existence of particular contingencies and on the basis thereof

4 Requisites of VALID Rule Making Power of administrative agencies 1. Rule must be issued by virtue of a law (there must be a prior power authorized by law) 2. WITHIN THE SCOPE & PURVIEW of the law (subordinate legislation) 3. REASONABLE 4. Must be PUBLISHED in order to satisfy the requirement of DP (not all RR requires publication: if it merely interprets the law or if it would only furnish details of RR)
administrative agency promulgate rules providing for penal sanction? A: Yes, provided the following requisites are complied with: 1. The law must declare the act punishable; 2. The law must define the penalty; 3. The rules must be published in the Official Gazette (Sali mo na ren kaya reasonable Q: Are constructions of administrative officers binding upon the courts? Such interpretations of administrative officer are given great weight, unless such construction is clearly shown to be in sharp contrast with the governing law or statute. No prohibition in the construction or interpretation of the rules and regulation it creates.. WON such interpretation is correct or not is JUDICIAL function already Courts are not mandated to accept such interpretation but it is given much weight

NOTICE of HEARING not required in exercise of Quasi-legislative function Rules on Procedures implied power to prescribe the rules to be observed in the conduct of its proceedings. -provisions of the ROC may be applied suppletorily to the rules of preoced of administrative bodies exercising judicial powers unless otherwise provided by law or the rules of the procedure of the administrative agency concerned
TEST OF VALID DELEGATION OF POWER 1. Completeness test 2. Sufficiency of standard test
Requisites for a valid delegation: [Pelaez v AuditorGeneral (1965)] 1) The law must be complete in itself and must set forth the policy to be executed. The law must fix a standard, the limits of which are sufficiently determinate or determinable, to which the delegate must conform. 2) . Sufficient standard: (a) Defines legislative policy, marks its limits, maps out its boundaries and specifies the public agency to apply it; and (b) Indicates the circumstances under which the legislative command is to be effected. [Santiago v COMELEC (1997); ABAKADA Guro List v Ermita (2005)] The standard may be: (a) Express; (b) Implied; [Edu v Ericta (1970)] or (c) Embodied in other statutes on the same matter and not necessarily in the same law being challenged. [ Chiongbian v Orbos (1995)]

Legislative Power vs Quasi-Legislative Power

QUASI-JUDICIAL Aka adjudicatory function

It is the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. It partakes the nature of judicial power, but is exercised by a person other than a judge. Q: How is the jurisdiction of a quasijudicial agency construed? A: An administrative body to which quasijudicial power has been delegated is a tribunal of limited jurisdiction and as such it could wield only such powers as are specifically granted to it by its enabling statute. Its jurisdiction is interpreted strictissimi juris. Q: Is administrative proceedings bound by technical rules of procedure and evidence? The technical rules of procedure and of evidence prevailing in courts of law and equity are not controlling in administrative proceedings to free administrative boards or agencies from the compulsion of technical rules so that the mere admission of matter which would be deemed incompetent in judicial proceedings would not invalidate an administrative order.
The rules of procedure of quasijudicial bodies shall remain effective unless disapproved by the Supreme Court.

Cardinal Primary Rights in Administrative Proceedings/Requisistes for Administrative Due Process (7) [keyword: HESSBIR] 1. Right to Hearing, including the right to present ones cause and submit evidence in support thereof. 2. Tribunal must consider the Evidence presented. 3. Decision must have something to Support itself. 4. Evidence must be Substantial. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. 5. The decision must be Based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. 6. The tribunal or body or any of its judges must act on its or his own Independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate in arriving at a decision. 7. The Board or body should, in all controversial questions, Render its decision in such a manner that the parties to the proceeding can know that various issues involved and the reason of the decision rendered.

What is the quantum of proof required in administrative proceedings? A: Only substantial evidence that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion.
ON WARRANTS OF ARREST Administrative agencies cannot issue warrants of arrest. Only a judge may issue warrants. [Salazar v Achacoso (1990)] Exception: deportation of illegal and undesirable aliens following a final order of deportation. . Presence of a party at a trial is not always the essence of due process. All that the law requires is the element of fairness; that the parties be given notice of trial and (a) an opportunity to be heard [Asprec v Itchon (1966)] or, (b) in administrative proceedings, an opportunity to seek reconsideration [De la Cruz v Abille (2001)] or (c) an opportunity to explain ones side [Pilipinas Loan v SEC (2001)].

EVIDENCE: Administrative agencies are NOT STRICTLY BOUND (but it is still bound!) on strict rules of evidence or procedure as long as the fundamental and essential requirements of due process are exercised or complied with. Admin agencies can promulgate rules of evidence or procedure -must be reasonable and -must not be arbitrary (must follow the principle of due process) Judicial vs Quasi-judicial QJ vs QL (refer to yellow pad)