How is the vesture of powers to administrative agencies construed?

- Liberal construction is adopted to enable administrative agencies

to discharge their assigned duties in accordance with the
legislative purpose or intent.

What are the general classifications of the powers of administrative

agencies?
1. Power of subordinate legislation permits the body to
promulgate rules intended to carry out the provisions of
particular law
2. Power of Adjudication enables the administrative body to
resolve, in a manner essentially judicial, factual and sometimes
even legal questions incidental to its primary power of
enforcement of the law

QUASI-LEGISLATIVE POWER

- while not proceeding directly from the legislature, these

regulations issued by administrative bodies are regarded as
little laws possessed of the same legal force and, perhaps, with
even more efficacy than the statutes they are supposed to
implement

What is an administrative rule?

- As defined in the Administrative Code of 1987 as 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

What is rule-making?
- As defined in the Administrative Code of 1987 as an agency
process for the formulation, amendment, or repeal of a rule.

Compare and contrast quasi legislative from legislative power

Legislative Power Quasi-legislative power

- discretion to determine what the
law is
- may not be delegated
- exercise exclusively by the
legislative department
- discretion to determine how the
law shall be enforced
- may be delegated
- exercise by administrative bodies

What is the source of the power to promulgate administrative

regulations?
- The power to promulgate administrative regulations is derived
from the legislature, by virtue of a valid delegation. This may be
 either expressed or implied although it is usually effected
explicitly, through a specific authorization.

What are the two accepted tests to determine whether or not there
is a valid delegation of legislative power?
1. The COMPLETENESS TEST the law must be complete in all its
essential terms and conditions when it leaves the legislature so
that there will be nothing left for the delegate to do when it
reaches him except enforce it.
2. The SUFFICIENT STANDARD TEST a sufficient standard is
intended to map out the boundaries of the delegates authority
by defining the legislative policy and indicating the
circumstances under which it is to be pursued and effected.

ACCEPTED STANDARDS
- among the accepted standards are public interest, simplicity,
economy and efficiency, and public welfare

QUASI-JUDICIAL POWER

- The judicial process focuses on question of law, with the

questions of fact being regarded as of secondary importance
only. Moreover, in judicial proceedings, the executive acts last,
after judgment is made and all legal questions are settled,
whereas in the exercise of quasi-judicial power, the executive
acts first, with the courts acting later, whenever warranted, to
review its legal findings.

What is the source of the adjudicatory power of administrative bodies?

- The Quasi-judicial power is incidental to the power of regulation
vested in the administrative body but is often expressly
conferred by the legislature through specific provisions in the
charter of the agency.

DETERMINATIVE POWER

- To better enable the administrative body to exercise its quasi-

judicial authority, it is also vested with what are known as
DETERMINATIVE powers and functions.

The enabling and the directing powers.

The enabling powers are those that permit the doing of an act which
the law undertakes to regulate and which would be unlawful without
government approval. Example: The issuance of licenses to engage in
a particular business or occupation.
25