– branch of modern law under which the 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, as under laws regulating public interest, professions, trades and callings, rates and prices, laws for protection of public health and safety, and the motion of public convenience.
A consequence of the ever-increasing complexities of society and the proliferation of problems of government that cannot readily or effectively be addressed by the traditional public agencies or solved by the other disciplines of public law.
Under this doctrine, all rules of conduct are supposed to be laid down directly by the legislature, subject to the direct enforcement of the executive department, and the application or interpretation, also directly by the judiciary.
Object and Scope: regulation of private right for public welfare.
• By reason of expediency, delegation of powers is made. Through which, the legislature is able to relieve itself from the responsibility to legislate directly on relatively minor matters and of attending as well to the adjudication of essentially factual questions that more properly pertain to the executive authorities. In this matter, the legislature can concentrate on matters of national or greater significance.
Sources of administrative law:
1. Constitutional or statutory enactments creating administrative bodies
2. Decisions of courts interpreting the charters of administrative bodies and defining their powers, rights, inhibitions, among others, and the effects of their determinations and regulations.
3. Rules and regulations issued by the administrative bodies in pursuance of the purpose for which they were created.
4. Determinations and orders of the administrative bodies in the settlement of controversies arising in their respective fields.
Administration – (1) as to institution; (2) as a function.
• As to institution – aggregate of individuals in whose hands the reins of government are for the time being. Persons who actually run the government.
• As a function – actual running of the government by the executive authorities through the enforcement of laws and the implementation of policies.
Government – instrumentality through which the will of the State is formulated, expressed and realized.
Administration as an activity – (1) internal; (2) external
• Internal administration – covers those rules defining the relations of public functionaries inter se and embraces the whole range of the law of public officers. It consists of rules laid down in a particular agency or office, like those prescribing work assignments or job descriptions, uniforms, procedures for the submission of reports, and the like, all of which are imposed by the superior in said office upon his subordinates.
• External administration – defines the relations of the public office with public in general. The rules prescribed thereunder do not necessarily affect the personnel of the office but are promulgated for observance by those who have dealings or transactions with said office.
Administrative agency – a body endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution.
Agency – any department, bureau, office, commission, authority or office, commissioner or of the National Government authorized by the law or executive order to make rules, issue licenses, grant rights or privileges and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private right, privilege, occupation or business; and officials in the exercise of disciplinary power.
Government instrumentality – any agency of the National Government not integrated within the department framework, vested with special functions.
GOCCs – any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government of the Republic of the Philippines directly or through its instrumentalities either wholly, or where applicable as in the case of stock corporations, to the extent of at least a majority of the outstanding capital stock.
Nature of Administrative Agencies – executive in nature but endowed with quasi-legislative and quasi-judicial powers.
Creation: (1) Constitution; (2) statutes.
Abolishment: (1) if made by the constitution, may be abolished only by election of the Constitutional Amendment; (2) If made through statute, may be abolished through said laws.
The types of administrative bodies have been generally classified as:
(1) Those set up to offer some gratuity, grant or special privileges;
(2) To carry on certain the actual business of the government;
(3) To perform some business service for the public;
(4) To regulate business affected with public interest;
(5) To regulate private business and individuals under the police power;
(6) To adjust individual controversies because of some strong social policy involved; and,
(7) To make government a private party.
Advantages of administrative bodies:
– Expertise derived from specialized training and experience.
– Adaptability to change and ease in reacting to new even emergency situations.
In relation to Regular Departments
– Bound to obey and implement the legislative will
– Its office, incidents, emoluments or appropriations may be abolished by Congress
– Legislature exert a great deal of influence upon the administrative body that can impair its independence.
– It is under the constitutional control of the President, which generally cannot be withdrawn or limited by Congress.
– They cannot be deprived of their inherent power to decide all questions of law, particularly if they have been initially resolved by administrative bodies only.
– May review the fact-findings of administrative bodies, if done arbitrarily.
– Courts, as a matter of policy, only as a last resort and, usually, only when questions of law are involved.
Powers of administrative agencies:
1. Quasi-legislative – (aka power of subordinate legislation) permits the body to promulgate rules intended to carry out the provisions of particular laws.
Prescribes the rule of future
It is public in nature.
Any administrative regulations and policies have the force and effect of a statute.
Rulemaking power – an agency process for the formulation, amendment or repeal of a rule.
Administrative regulations are intended only to implement the law and to carry out the legislative policy.
Primarily, the distinction between legislation and administration is discretion. In the first, the discretion as what the law is, the second, the discretion under and in pursuance of the law.
Source of quasi-legislative powers:
The power to promulgate administrative regulations is derived from the legislature, by valid delegation. To be valid, the delegation must not create “a roving commission” but should be “not canalized within the banks that keep it from overflowing”.
There must not be a total abdication of legislative power to delegate. The legislature is not required to provide such a standard as confers the least amount of discretion in detailed standards in precise and unvarying form that would be wholly unrealistic and more arbitrary that a general indefinite one.
Tests of Delegation:
a. Sufficient standard test – it fixes a standard – the limits of which are sufficiently determinate or determinable – to which the delegate must conform in the performance of his functions.
b. Completeness test – it must be complete in itself, setting forth therein a policy to be executed, carried out or implemented by the delegate.
2. Quasi-judicial – (aka power of adjudication) enables the body to resolve, in a manner essentially judicial, factual and sometimes even legal questions incidental to its primary power of enforcement of the law.
An application of the rule of past
It is private in nature.
Source of quasi-judicial powers:
It is incidental to the power of regulation vested in the administrative body but is often expressly conferred by the legislature though specific provisions in the charter of the agency.
This power is needed to enable the administrative officers to perform their executive duties.
*Both powers are necessarily implied in the exercise of its express powers.
a) Enabling powers – those that permit the doing of an act which the law undertakes to regulate and which be unlawful without the government approval (e.g. licenses).
b) Directing powers – order the doing or performing of particular acts to ensure compliance with the law and are often exercised for corrective purposes (e.g. issuance of DENR of directives on account of environmental measures).
b.1) dispensing powers – allows the administrative officers to relax the general operation of a law or exempt from the performance of a general duty.
b.2) examining powers – enables the administrative bodies to inspect the records and premises, and investigate the activities, of persons or entities coming under its jurisdiction (e.g. issuance of subpoenas, swearing in witnesses). This power allows the administrative agency to actually conduct hearings, issue writs of preliminary injunction and even punish contempt.
b.3) summary powers – those involving the use by administrative authorities of force upon persons or things without the necessity of previous judicial warrant.
Exercise of powers:
– Generally considered discretionary. It involves the interpretation or construction and enforcement of the law and the appreciation of factual questions that may be submitted to it for resolution.
– Some are ministerial, i.e., duty of the Registry of Deeds to annotate a lien on a Torrens Certificate.
– At any event, the jurisdiction of the administrative agencies are limited as expressly granted by the law creating such bodies.
Kinds of Administrative Regulations:
1. Interpretative – designed to provide guidelines to the law which the administrative agency is in charge of enforcing.
Constitute the administrator’s construction of a statute.
Issued as an incident of its power to enforce the law and intended merely to clarify its provisions.
2. Legislative – designed to implement a primary legislation by providing the details thereof.
It is in the nature of subordinate legislation.
Intended to have the binding force and effect of a law enacted by the Legislature itself.
a) Supplementary – intended to fill in the details of the law and to make explicit what is only general. It is to enlarge upon a statue, subject only to the standards fixed therein, to ensure its effective enforcement in accordance with legislative will.
b) Contingent – it is issued upon the happening of a certain contingency which the administrative body is given discretion to determine or ascertain some circumstances on which the law makes its own action depend, or to find the facts or conditions properly prescribed under which a law as passed will or will note operate, that is, for putting in effect, applying or suspending a law.
Chapter 4 Quasi-Legislative Power
Requisites for valid administrative issuance
Construction and Interpretation
Amendment and Repeal
1. Its promulgation must be authorized by the legislature.
Authority to promulgate the regulation is usually conferred by the charter itself of the administrative body or by the law it is supposed to enforce.
Limitation on the rule-making power of administrative agencies:
-the regulation be not in contravention with the rules and regulations promulgated by the Congress, but conform to the standards that the law prescribes.
A regulation is binding on the courts as long as the procedure fixed for its promulgation is followed even if the courts may not be in agreement with its stated policy, provided that its scope is within the statutory authority or standard granted by the legislature.
2. It must be within the scope of the authority given by the legislature.
The authority delegated must be properly exercised, which simply means that the regulation promulgated must not be ultra vires or beyond the limits of the authority conferred.
Administrative rules and regulations are necessarily limited to carrying into effect what is provided in the legislative enactment. It is intended to carry out, not supplant or modify the law.
In case of conflict, between a statute and an administrative order, the former must prevail. A “regulation adopted pursuant to a law is law.” Conversely, a regulation or any portion thereof not adopted pursuant to law is not law and has neither the force not the effect of law.
All that is required is that the regulation should be germane to the objects and purposes of the law and that it should conform to the standards that the law prescribes.
While it may be true that what determines whether an act is a law or an administrative issuance is not its form but its nature, it is equally ought to determine whether or not an act is a law or an administrative decree should be its source.
Ordinance Powers granted to the President under Chapter 2, Book III of Executive Order No. 292 (Administrative Code of 1987)
• Executive Orders – acts of the President providing rules of a general or permanent character in implementation or execution of constitutional or statutory powers.
• Administrative Orders – acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head.
• Proclamations – acts of the President fixing a date or declaring a status or condition of public moment or interest upon the existence of which the operation of a specific law or regulation is made to depend and which shall have the force of an executive order.
• Memorandum Orders – acts of the President on matters of administrative detail or subordinate or temporary interest which only concern a particular officer or office of the Government
• Memorandum Circulars – acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance.
• General or Special Orders – acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines
Note: The president’s power is only limited to the above-mentioned. He has no power to issue “decrees”.
Bitoon v. Fernandez: Power of supervision vs Power of control
Power of supervision is defined as the power of a superior officer to see to it that the lower officers perform their functions in accordance with law.
Power of control is the power of an officer to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for the latter.
The Chief Executive wielded no more authority than that of checking whether a local government or the officers thereof perform their duties as provided by statutory enactments (Power of supervision). He cannot interfere with local governments provided that the same or its officers act within the scope of their authority.
3. It must be promulgated in accordance with the prescribed procedure.
GR: The promulgation of administrative regulations of general application does not require previous notice and hearing
EXPN: where the legislature itself requires it and mandate that the regulation shall be based on certain facts as determined at an appropriate investigation.
According to the Supreme Court, “quasi-legislative power is exercised by administrative agencies through the promulgation of rules and regulations.
GR: prior notice and hearing are not essential to the validity of rules and regulations promulgated to govern future conduct since there is no determination of past events or facts that have to be established or ascertained.
EXPN: But where the regulation is in effect a settlement of a controversy between specific parties
• reason for the exception: it is considered an administrative adjudication and so will require notice and hearing.
As to Regulations fixing rates:
The functions of prescribing rates may either be a (1) legislative or (2) an adjudicative function.
• Legislative function- the grant of prior notice and hearing to the affected parties is not a requirement of due process.
• Quasi-judicial function- prior notice and hearing are essential to the validity of such rates.
When the rules and/or rates apply to all enterprises of a given kind throughout the country, they may partake of a legislative character.
Where the rules and the rates imposed apply exclusively to a particular party, based upon a finding of fact, then its function is quasi-judicial in character.
When an administrative rule goes beyond merely providing for the means that can facilitate or render less cumbersome the implementation of the law and substantially increases the burden of those govern, it behoves the agency to accord at least to those directly affected a chance to be heard and thereafter, to be duly informed, before the issuance is given the force and effect of law.
Tanada vs. Tuvera: publication is a condition precedent to the effectivity of a law.
“All statutes, including those of local application and private laws shall be published as a condition for their effectivity, which shall begin fifteen days after publication unless a different effectivity dates is fixed by the legislature.
Covered by this rule are:
1. presidential decrees
2. executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature, or, at present, directly conferred by the Constitution
3. Administrative rules and regulations if their purpose is to enforce or implement existing law pursuant to a valid delegation.
Exceptions: **Does not need to be published
1. Interpretative regulations
2. those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public
3. letters of instructions issued by administrative superiors concerning the guidelines to be followed by their subordinates in the performance of their duties.
• Publication of the administrative regulation is required if it is of general application and penal in nature.
• Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law.
• The rule is that the usual fifteen-day period required for the effectivity of said law or regulation is reckoned not from the date or “printed date” of the edition of the Official Gazette in which said law or regulation appears, but on the date of the “release” for circulation of said edition of the Official Gazette.
“every agency shall file with the University of the Philippines Law Center three (3) certified true copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any person or persons. Section 4 of Chapter 2 of the Book VII of the Administrative Code further provides, interestingly, that “in addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule. Administrative issuances which are not published or filed with the National Administrative Register as required by the Administrative Code of 1987 are ineffective and may not be enforced.
Villanueva v. Judicial and Bar Council:
“the publication requirement in the ONAR (University of the Philippines Law Center Office of the National Administrative Register) is confined to issuance of administrative agencies under the Executive branch of the government. Since the JBC is a body under the supervision of the Supreme Court, it is not covered by the publication requirements of the Administrative Code.” But is should be emphasized that in the same case, publication is indispensable. (Thus, JBC is not required to file in the ONAR, but is still covered by the publication requirement)
Misamis Oriental Association of Coco Traders, Inc. v. Department of Finance:
“in the same way that laws must have the benefit of public hearing, it is generally required that before a legislative rule is adopted there must be a hearing. L.In this connection the Administrative Code of 1987 provides: Public participation –
(1) if not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule
(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least two weeks before the first hearing thereon.
(3) In case of opposition, the rules on contested cases shall be observed.
4. It must be reasonable.
• Like statutes, administrative regulations promulgated thereunder must not be unreasonable or arbitrary as to violate due process.
• To be valid, such rules and regulations must be reasonable and fairly adapted to secure the end in view.
• The regulation must involve the public welfare and the method employed must be reasonably related to the purposes of the rule and, as previously discussed, not arbitrary.
• The power to define and punish crime is exclusively legislative and may not be delegated to the administrative authorities.
• While administrative regulations may have the force and effect of law, their violation cannot give rise to criminal prosecution unless the legislature makes such punishable.
United States v. Panlilio:
Special requisites of a valid administrative regulation with a penal sanction:
1. The law itself must make a 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.
• As noted earlier, the effectivity of laws or rules published in the Official Gazette is determined from the date of the release for circulation of the edition of the Official Gazette in which said law or rule appears.
Construction and Interpretation
• The regulation should be read in harmony with the statute and not in violation of the authority conferred on the administrative authorities.
• GR: operates prospectively
EXPN: when the legislative intent to the contrary is manifest by express terms or by necessary implication
• Doctrine of respect for administrative or practical construction, In applying said doctrine, courts often refer to several factors which may be regarded as bases thereof- factors leading the courts to give the principle controlling weight in particular instances.
These factors include:
1. the respect due the government agencies charged with administration, their competence, expertness, experience, and informed judgment
2. the fact that government agencies frequently are the drafters of the law they interpret
3. that the agency is the one which the legislature must rely to advise it as to the practical working out of the statute; and
4. practical application of the statute presents the agency with unique opportunity and experiences for discovering deficiencies, inaccuracies, or improvements in the statue
The interpretation given by the administrative body to its own rules, while not binding on the courts, is received with much respect and will usually be followed except only where it is clearly arbitrary or unreasonable. However, while the Court has consistently yielded and accorded great respect to such doctrine, it will not hesitate to set aside an executive interpretation if there’s:
1. an error of law;
2. abuse of power;
3. lack of jurisdiction; or
4. grave abuse of discretion clearly conflicting with the letter and spirit of the law
Basic guidelines in resolving concerning the interpretation by an agency of its own rules and regulations:
1. whether the delegation of power was valid;
2. whether the regulation was within that delegation;
3. whether it was a reasonable regulation under a due process test
• The power to promulgate administrative regulation carries with it the implied power to enforce them.
This may be effected through judicial action, as in petitions for mandamus and injunction, or through 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 regulation will be enforced although, as previously observed, the usual judicial actions may also be available.
• The power to enforce administrative regulations likewise includes the power to issue opinions and rulings to enable the administrative agency to properly execute said regulations.
Amendment or Repeal
• Like the statute, administrative regulation made thereunder is subject to amendment or repeal by the authorities that promulgated them. There is no question of course, that the administrative regulation may be changed directly by the legislature.
• It should be noted in this connection that it has been held that “the requirement that the implementing rules of law be subjected to approval by Congress as a condition for their effectivity violates the cardinal constitutional principles of bicameralism and the so-called rule on presentment.” Thus, every bill passed by Congress must be presented to the President for approval or veto. In the absence of presentment to the President, no bill passed by Congress can become a law. In this sense, law-making under the Constitution is a joint act of the Legislature and Executive. Under this principle, a provision that requires Congress or its members to approve the implementing rules of a law after it has already taken effect shall be unconstitutional, as is a provision that allows Congress or its member to overturn any directive or ruling made by the members of the executive branch charged with the implementation of the law.
• Express grant of rule-making power necessarily includes the power to amend, revise, alter or repeal the same. This is to allow administrative agencies flexibility. Hence, it is a standard provision in administrative rules that prior issuance of administrative agencies that are inconsistent therewith are declared repealed or modified.
Chapter 5 Quasi-judicial Power
– is the power of administrative agency to determine questions of fact to which the legislative policy is to apply, in accordance with the standards laid down by law itself.
– it exercises the quasi-judicial power when it performs in a judicial manner an act which is essentially of an executive or administrative nature, where the power to act in such manner is incidental to, or reasonably necessary for, the performance of the executive or administrative duty entrusted to it.
• There’s no invalid delegation of judicial power where the legislature authorizes it to resolve factual questions in certain controversies in order to give effect to the mandate and policy of the law it is supposed to enforce.
• Administrative Code of 1987 defines this “power of adjudication” as an agency process for the formulation of a final order.
• A respondent is said to be exercising judicial function by which:
1. he has the power to determine what the law is and what the legal rights of the parties are; and
2. then undertakes to determine these questions and adjudicate upon the rights of the parties.
• Quasi-judicial function is a term which applies to the action and discretion of public administrative officers or bodies, which are required to investigate facts or ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action and to exercise discretion of a judicial nature. Ministerial function is one which an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and without regard for the exercise of his/its own judgement upon the propriety of the act done.
• The proper exercise of the quasi-judicial power requires compliance with two conditions, to wit:
1. Jurisdiction must be properly acquired by administrative body
2. Due process must be observed in the conduct of the proceedings.