3. Power and Functions of Administrative Agencies: Quasi-Legislative or Rule Making Power Flashcards
What is the definition of rule making?
Rule making is defined as the agency process for “formulating, amending, or repealing a rule.” In turn, a rule is defined to encompass legislative functions: as a “statement of general… applicability and future effect designed to implement, interpret, or prescribe law or policy.”
Delegata potestas non potest delegari
What has been delegated can no longer be delegated
What are the requisites for a valid delegation?
COMPLETENESS TEST: The law must be complete in itself; it must set forth the policy to be executed.
SUFFICIENT STANDRADS TEST: The law must fix a standard, the limits of which are sufficiently determinate or determinable, to which the delegate must conform in the performance of his functions. (Pelaez v. Auditor General)
How many copies of an administrative issuance must be filed with the University of the Philippines Law Center?
Every administrative agency is to file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it.
When is a rule considered invalid?
- *Tests applied in determining validity of rules: [De Leon]**
1. A rule is invalid if it exceeds the authority conferred to it.
2. A rule is invalid if it conflicts with the governing statute.
3. A rule is void if it extends or modifies the statute.
4. A rule is void if it has no reasonable relationship to the statutory purpose.
5. Courts will set aside rules deemed to be unconstitutional or arbitrary or unreasonable.
What types of issuances do not require publication?
- *Publication is not necessary for the following to be effective:**
1. Interpretative regulations;
2. Regulations which are merely internal in nature (regulating only the personnel of the administrative agency need not the published);
3. Letters of instructions issued by administrative superiors concerning the rules or guidelines to be followed by their subordinates in the performance of their duties;
4. Internal instructions issued by an administrative agency; and
5. Municipal ordinances which are governed by the Local Government Code [Tañada v. Tuvera, G.R. No. L-63915 (1986)]
What is the formal requirement as to publication of administrative issuances with penal regulations?
Every rule establishing an offense or defining an act which, pursuant to law is punishable as a crime or subject to a penalty shall in all cases be published in full text. [Sec. 6, Chapter 1, Book VII, Admin. Code]
Generally, are adminstrative rules allowed to have penal regulations?
No. General Rule: Rules must not provide penal sanctions.
Exception: A violation or infringement of a rule or regulation validly issued can constitute a crime punishable as provided in the authorizing statute and by virtue of the latter [People v. Maceren].
What are the requirements for admnistrative rules to have penal provisions?
For an administrative regulation to have the force of penal law:
- The violation of the administrative regulation must be made a crime by the delegating statute itself; and
- The penalty for such violation must be provided by the statute itself [Perez v. LPG Refillers Association of the Philippines, Inc., citing U.S. v. Panlilio].
What are the general requirements for administrative rules?
General Requirements of Interpretive Rules
- Must have been issued on authority of law;
- Must be within the scope and purview of law; and
- Must be reasonable.
When does an administrative function’s power to fix rate a quasi-legislative function become a quasi-judicial?
Generally, the power to fix rates is a quasi-legislative function, i.e., it is meant to apply to all. However, it becomes quasi-judicial when the rate is applicable only to a particular party, predicated upon a finding of fact.
Can the power to fix rates be delegated to a common carrier or other public service?
NO. The latter may propose new rates, but these will not be effective without the approval of the administrative agency [KMU v. Garcia].
