Chapter - IV

Question 0

What are the Powers usually exercised by Admin

Agencies?

Answer 0

 The powers and functions usually granted to and
exercised by administrative agencies are:
(1) Rule making
(2) Adjudication
(3) Incidental powers such as:
a. Investigating
b. Supervising
c. Prosecuting
d. Advising
e. Declaring
f. Informally adjudicating.
What is the Administrative Rule-Making or

Question 1

What is the Source and Scope of the Powers and

Functions of Administrative Agencies?

Answer 1

 Powers and functions of Admin agencies are
defined either in:
(1) Constitution;
(2) Legislation; or
(3) Both.
 Admin boards, commissions, and officers have
no common-law powers.

Question 2

What is the Administrative Rule-Making or

Quasi-Legislative Power?

Answer 2

 It is the power to:
(1) Promulgate rules and regulations or general
orders which are legally binding and receive
statutory force upon going into effect; and
(2) Formulate interpretative rulings or
regulations w/c do NOT receive statutory
force but are accorded great weight when
questioned in court.
 SC has held that an agency that issues rules and
regulations has in a sense auxiliary or
subordinate legislative powers and is therefore
legislation on the administrative level.

Question 3

What are the General Kinds of Administrative

Rules & Regulations?

Answer 3

1) Supplementary or Detailed Legislation
 Rules and regulations issued by reason of
particular delegation of authority.
2) Interpretative Rules and Regulations
 Rules and regulations constructing or
interpreting the statute being administered
3) Contingent Legislation
 Rules and regulations involving
determination under a delegated power
whether a statute shall go into effect

Question 4

What are Supplementary or Detailed

Legislations?

Answer 4

 These are issued by an administrative agency
pursuant to a delegated authority to fix “the
details” in the execution or enforcement of a
policy set out in the law itself.
 They add to the procedural or enforcing
provisions of substantive law w/c in a sense
involve the exercise of discretion of the
lawmaker in the administrative body, to be
exercised within the confines of definite
prescribed standards.

Question 5

What are Interpretative Rules and Regulations?

Answer 5

 These are the rules and regulations issued by an
administrative authority construing or
interpreting the provision of a statute to be
enforced and they are binding upon all
concerned until they are changed.
 Official construction of the law and valid if they
properly construe the statute the administrative
agency is bound to enforce.
 E.g.: General Circular Issued by Collector of
Internal Revenue (providing that all losses of
property during WWII are deductive in the year
of actual loss) is interpretative of Sec. 30(d) of
NIRC.

Question 6

When is Notice and Hearing in the Promulgations

of Rules and Regulations NOT Required?

Answer 6

 There is no constitutional necessity for a hearing
as prerequisite to the promulgation of a general
regulation by an admin body.
 In the absence of a statutory restriction, an
administrative agency may ascertain in any
manner it sees fit what rules should be made.
 When the rule is procedural in nature or where
the agency’s “rules” are in effect no more than
legal opinions, no notice is required.
 Notice is also NOT required in the preparation
of substantive rules where:
(1) The class to be affected is large
(2) Questions to be resolved involve the use of
wide discretion which has been committed
to the rule-making agency

Question 7

What are the Cardinal Rights to be Respected?
 The following cardinal primary rights must be
respected in Quasi-judicial proceedings affecting
life, liberty and property:

Answer 7

What are the Cardinal Rights to be Respected?
 The following cardinal primary rights must be
respected in Quasi-judicial proceedings affecting
life, liberty and property:

Question 8

Cardinal primary requirements of due process in administrative proceedings

Answer 8

Right to a hearing, including the right to present one’s own case and submit evidence in support thereof
Tribunal must consider the evidence presented
Decision must have something to support itself
Evidence must be substantial
It must be relevant as a reasonable mind might accept it as adequate to support a conclusion
The rules of evidence shall not be controlling so that the mere admission of matter which would be deemed incompetent in judicial proceedings would not invalidate the administrative order
Mere uncorroborated hearsay or rumor does NOT constitute substantial evidence
Decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected
On boards of inquiry
They may be appointed for the purpose of investigating and determining the facts in any given case
Their report and decision are only advisory
CIR may refer any industrial or agricultural dispute to a board of inquiry, fiscal, justice of the peace, any public official but such delegation shall not affect the exercise of the Court itself or any of its powers
CIR 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 the decision
CIR should render its decision in such a manner that the parties can know the issues involved and the reasons for the decisions rendered.