Quasi-Legislative Function Flashcards
What is the rule with regards to the quasi-legislative function of administrative agencies?
Administrative agencies are clothed with rule-making powers because the lawmaking body finds it impracticable, if not impossible, to anticipate and provide for the multifarious and complex situations that may be encountered in enforcing the law.
What is required in exercising quasi-legislative function?
All that is required is that the regulation should be germane to the defects and purposes of the law and that it should conform to the standards that the law prescribes.
What is the test in determining whether an administrative body is exercising judicial functions or merely investigatory functions?
(a) Adjudication signifies the exercise of power and authority to adjudicate upon the rights and obligations of the parties before it.
(b) Hence, if the only purpose for investigation is to evaluate evidence submitted before it based on the facts and circumstances presented to it, and if the agency is not authorized to make a final pronouncement affecting the parties, then there is an absence of judicial discretion and judgment.
What is required on the part of the legislative in delegating their rule-making power?
The law must be complete, in all its terms and provisions, when it leaves the legislative branch of the government, and nothing must be left to the judgment of the delegate of the legislature, so that in form and substance, it is a law in all its details, in presenti, but which may be left to take effect in futuro, if necessary, upon the ascertainment of any prescribed fact or event.
What are the kinds of administrative rules and regulations?
Administrative issuances may be distinguished according to their nature and substance: legislative and interpretative.
A legislative rule is in the matter of subordinate legislation, designed to implement a primary legislation by providing the details thereof.
An interpretative rule, on the other hand, is designed to provide guidelines to the law which the administrative agency is in charge of enforcing.
What are the requisites for the validity of an administrative rule and regulation?
To be valid, an administrative issuance must comply with the following requirements:
(a) Its promulgation must be authorized by the legislature
(b) It must be promulgated in accordance with the prescribed procedure
(c) It must be within the scope of authority given by the legislature
(d) It must be reasonable
What is the limitation on the power of administrative agencies in the issuance of rules and regulations?
When Congress authorized promulgation of administrative rules and regulation to implement given legislation, all that is required is that the regulation be not in contradiction with it, but conform to the standards that the law prescribes.
Does interpretative regulations needs to be published?
Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be filed and published.
