Powers of the Administrative
Delegation of Power must
Agencies:
1. Rule Making Power
There is a law which provides for a
policy by which the Congress cannot
implement such law because of their
absence of their legal expertise
pertaining to that specific law. Such
implementation must yet to be done by
an administrative agency. However,
there are laws that provides that the
Administrative Agencies, in order to
enforce these laws, will issue
administrative Rules and Regulations
conditioned upon the intention of the
Congress. The Implementing Rules and
Regulations must not deviate from the
intention of the Congress. It must also
be reasonable and be published in
proper.
Grande V. Antonio
In Family law it was stated if the child
was illegitimate, and recognized by the
father, the child may carry the surname
of his father. This law is to authorize the
agency to promulgate rules and
regulation to implement the same.
However, the implement administrative
agency in providing the implement rules
and regulation used the word “Shall”
and not “may” as provided under the
Family code. The Supreme Court ruled
that the act of the administrative agency
was wrong in replacing the word “may”
from “shall” because it had violated what
is provided under the Family Law. It
must be in contemplation with what is
provided for by the law. It must also be
reasonable.
be canalized in order to keep the bonds
from overflowing.
Barcelote V. Republic
One couple who were not married had a
child. Since their bond was not
protected by the sanctity of Marriage,
their child was considered illegitimate.
The Father registered the name of their
child in his Surname. When the time
came when the child was supposed to
be registered by his mother, the Civil
Registrar refused because he was
already registered in his Father’s name.
The mother filed a petition in the court to
declare the Registration of Birth void or
the Cancellation of the Certificate of Live
Birth or Record of Birth. The Supreme
Court ruled in favor of the Mother. Under
the Family Code, it must named under
the Surname of the mother. IF the father
should insist to do so, it must with the
consent of the mother which is absent in
this case. Such certification shall only be
a mere recognition. It cannot be allowed
if there is no signature of the mother.
2. Adjudicatory Power
It is the power to decide the case based
on the expertise of the administrative
agencies. Under the Doctrine of Primary
Jurisdiction, there are cases that are
required to be decided by the jurisdiction
of those administrative agencies.
Otherwise, it will be dismissed. The
case must be decided by the
Administrative Agency first.
Transcribed by: anja fuentes 
HYPO: A certain person whose name is
recorded as “Pedro” but he is using the
name “Juan” in all purposes. Can Pedro
change his name? Yes. Where? It must
filed before the Local Civil Registrar
under the Doctrine of Primary
Jurisdiction. If Pedro will go before the
courts as his first choice, it would violate
the Doctrine of Exhaustion of
Administrative Remedies. Thus, the
court will only just dismiss the case on
failure to comply with the condition
precedent.
HYPO: There is an entry in the Record
of Birth which appears to be material
and substantial. But looking at the
records in the naked eye, it was patently
erroneous. Normally if it appears to be
material and substantial, it should be
before the courts. However, RA No:
10172, allows the change of name by
reason of typographical errors before
the Local Civil Registrar, even if the
such change appears to be material and
substantial.
Exceptions to the Doctrine of
Exhaustion of Administrative Remedies:
1. There is lack of Due Process.
2. There is grave abuse of discretion
amounting to Lack or Excess of
Jurisdiction.
3. When it pertains to purely legal
issues.
The Pangasinan College of Science and
Technology promulgated a program
raising funds for as particular project in
their institution. According to the
teachers, anyone will fail to participate
will not be able to take their Final
Exams. One child who came from a
poor family failed to contribute. As a
result, he failed to take the Final
Examination. That certain child brought
an action for Damages under Article 19
of the Civil Code before the courts. The
contention of the School and its
teachers is that the child failed to
exhaust his administrative remedies
when he filed directly to the court. It
must be filed before the CHED. The
contention of the school and its teachers
were not correct because the claim was
an action for Damages. This case
involved a legal issue because the child
was not able to graduate because of his
failure to contribute with the fundraising
event o f his school. The CHED cannot
award damages. This is an exception of
the exhaustion of the administrative
remedies.
Transcribed by: anja fuentes