ADMINISTRATIVE LAW

The origin of administrative law is in legislation, its justification is expediency

Created due to increasing social complexities and proliferation of government problems
that cannot be effectively addressed anymore by traditional public agencies
Delegation of power was seen as solution to these problems and was considered a success
Administrative agencies have two major powers: quasi-legislative (rule-making power)
and quasi-judicial (adjudicatory function)
It is the regulation of private right for public welfare
FOUR SOURCES/KINDS FROM WHICH ADMIN LAW IS DERIVED:
1. Constitutional or statutory enactments creating administrative bodies
Ex. EO 292 and laws which create various administrative bodies
2. Court decisions interpreting the character of administrative bodies and defining
their powers, rights, inhibitions, among others, and the effects of their
determinations and regulations
Ex. Aratuc vs. COMELEC
3. Administrative rules and regulations issued in pursuance of the purposes for which
they were created
Ex. Circulars issued by the Central Monetary Authority on interest rates
4. Determinations and orders of administrative bodies in the settlement of
controversies arising in their respective fields
*refers to adjudications made in the exercise of quasi-judicial powers
ADMINISTRATION
As institution
- persons who run the government during their respective terms
- Transitory in nature which is what differentiates it from a government
- (permanent entity), an agency or instrumentality through which the will of the State is
enacted
As function
- running of government by executive authorities through law enforcement and policy
implementation
- any activity outside of legislation and the rendering of judicial decisions
As activity
- INTERNAL rules defining the relations of public functionaries inter se
- EXTERNAL relations of the public office with the public in general; rules
promulgated in the exercise of quasi-legislative authority for the observance by people
who have transactions with the office
DOCTRINE OF SEPARATION OF POWERS
1987 Constitution
Art. VI, Sec. 1
o The legislative power shall be vested in the Congress of the Philippines which
shall consist of a Senate and a House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum
Art. VII, Sec. 1

o The executive power shall be vested in the President of the Philippines

Art. VIII, Sec. 1
o The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law.
Judicial powers include the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government

Executive Order 292, or the Administrative Code of 1987

Sec. 1(8), Book II
o The powers expressly vested in any branch of the government shall not be
exercised by, nor delegated to, any other branch of the government, except to the
extent authorized by the Constitution
ANGARA VS. ELECTORAL COMMISSION
Petitioner Jose Angara won a seat in the National Assembly representing the first district
of the Province of Tayabas as declared by the provincial board of canvassers on October
7, 1935
The NA passed Resolution No. 8 on December 3 confirming the election of petitioner
Respondent Pedro Ynsua filed a Motion of Protest before the Electoral Commission on
December 9, seeking the nullification of contested position
On December 9, the EC adopted a resolution saying said date is the last day for filing
protests against the election of any member of the NA
Petitioner argues the NAs resolution must prevail over the ECs as it is an exercise of its
legislative power
Respondents argue that the NAs resolution could not and did not deprive the EC of its
jurisdiction to take cognizance of election protests filed within the time that might be set
by its own rules
ISSUE
Whether or not the EC acted with grave abuse of discretion when it took cognizance of
respondents electoral protest notwithstanding the confirmation of petitioners election by
virtual of the NA resolution
DECISION (J. Laurel)
The EC is an independent organ found in the Constitution with the jurisdiction to decide
all contests relating to the election, returns, and qualifications of the members of the
Na. Such transfer of power from the legislature is full, clear, and complete, and carried
with it ex necessitate rei (from the necessity of the case) the implied power, inter alia to
prescribe the rules and regulations as tot the time and manner of filing protests; hence,
petition is denied
The creation of the EC was designed to remedy certain evils of which the framers of the
Constitution were cognizant

The transfer of power long lodged in the legislative body, to an independent, impartial
and non-partisan tribunal, is one of the solutions to prevent the prevalence of evil

SEPARATION OF POWERS
Non-encroachment
o The legislative, executive, and judiciary are co-equal branches of government and
are supreme within its own sphere
o It obtains not through express provision but by actual division in the Constitution
System of checks and balances
o The independence from each other is not absolute to secure coordination and to
keep each other in line
Delegation of powers to administrative bodies
The Constitution has blocked out with deft strokes and in bold lines, allotment of power
to the legislative, the executive, and the judicial departments of the government
The overlapping and interlacing of functions and duties between the several departments,
however, sometimes makes it hard to say just where the one leaves off and the other
begins
The Constitution sets forth in no uncertain language the restrictions and limitations upon
governmental powers and agencies
The success of the government in the unfolding years to come will be tested in the
crucible of Filipino minds and hearts than in the consultation rooms and court chambers
MACALINTAL VS. COMELEC
ISSUE
Does Congress, through the Join Congressional Oversight Committee created in Sec. 25
of RA 9189, have the power to review, revise, amend, and approve the IRR that the
COMELEC shall promulgate without violating the independence of COMELEC under
Sec. 1, Art. IX-A of the Constitution?
Whether or not Congress has oversight functions over constitutional bodies like
COMELEC and, assuming that it has, whether Congress exceeded the permissible
exercise of its functions
DECISION
SC ruled a part of RA 9189 as unconstitutional because Congress tramped upon the
constitutional mandate of independence of the COMELEC
Congress has exceeded the permissible exercise of its oversight powers because 1.) it
restricts the COMELECs constitutional grant of power to promulgate rules and
regulations; and (2) it invades COMELECs exclusive constitutional domain to enforce
and administer all laws and regulations relative to the conduct of an election, plebiscite,
et al.
The principle of separation of powers prevents the concentration of legislative,
executive, and judicial powers to a single branch of government by deftly allocating their
exercise to the three branches of government

 The Framers established a government guided not by strict separation of powers but one
of checks and balances to prevent the separate branches from running wild and to
avert deadlocks and breakdowns
The power of Congress does not end with the finish task of legislation. Concomitant with
its principal power to legislate is the auxiliary power to ensure that the laws are
faithfully executed
The COMELECs power is exclusive and cannot be subject to review and revision or veto
by Congress in the exercise of its oversight power. The reason for the exclusivity is to
insulate COMELEC from the virus of partisan politics.
SEPARATION OF POWERS
Allows the blending of some of the legislative, executive, or judicial powers in one
body;
Does not prevent one branch of government from inquiring into the affairs of the other
branches to maintain the balance of power;
But ensures that there is no encroachment on matters within the exclusive jurisdiction
of other branches
IN RE: RODOLFO MANZANO
ISSUE
Whether or not Judge Manzanos appointment to the provincial CoJ is violative of the
doctrine of separation of powers
DECISION
SC denied the appointment because the Committee discharges administrative functions
which are violative of Sec. 12, Art. VIII, of the 1987 Constitution which states that
members of the SC and other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative functions
Administrative functions are those which involve the regulation and control over the
conduct and affairs of individuals for their own welfare and the promulgation of
rules and regulations to better carry out the policy of the legislative or such as are
devolved upon the administrative agency by the organic law for its existence
only a higher court can pass on his actuations. He is not a subordinate of an executive
or legislative official, however eminent. CJ Fernando, Garcia vs. Macaraig
CREATION AND ABOLITION OF ADMINISTRATIVE AGENCIES
REPUBLIC VS. COURT OF APPEALS
ISSUE
Can the Sugar Regulatory Administration bring an action on behalf of the GRP?
Can the Office of the Government Corporate Counsel represent the SRA?
DECISION
No, because its charter does not grant the SRA the power to represent the GRP in suits
filed by or against the latter
o An administrative agency has only such powers as are expressly granted to it
by law and those that are necessarily implied in the exercise thereof

No, because the SRA is neither a GOCC nor a subsidiary thereof

o In Secretary Oscar Orbos vs. CSC, it was mentioned that in cases where one
government agency is in conflict with another, the SolGen should uphold the best
interest of the government. A government agency may appear in its own behalf
through its legal personnel or representative in case such agency remains
adversely affected by the governments position

EUGENIO VS. CIVIL SERVICE COMMISSION (ATTACHMENT)

ISSUE
Whether or not CSCs resolution is an usurpation of legislative power because the CESB
is an office created by law by virtue of a PD
DECISION
Resolution is annulled. SC ruled in favour of petitioner because:
1.) In AMJUR 2d on Public Officers and Employees: Except for such offices as are
created by the Constitution, the creation of public offices is primarily a legislative
function the legislative department has the discretion to determine whether
additional offices should be created, or whether these duties shall be attached to and
become ex-officio duties of existing offices An office created by the legislature
is wholly within the power of that body, and it may prescribe the mode of filling
the office and the power and duties of the incumbent, and, if it sees fit, to abolish
the office
2.) The CESB was intended to be an autonomous entity, albeit administratively attached
to CSC. By said attachment, CESB was NOT made to fall within the control of CSC
o Sec. 38(3), Chap. 7, Book IV of EO 292 states that the purpose of attaching
one functionally inter-related government agency to another is to attain
policy and program coordination
OPLE VS. TORRES
President Fidel Ramos issued A.O. No. 308 entitled Adoption of a National
Computerized Identification Reference System
ISSUE
Whether or not A.O. 308 is an usurpation of the legislative power of Congress
DECISION
SC ruled in favour of petitioner because
1.) An administrative order must be in harmony with the law. A.O. 308 is new and
concerns an adjustment of various contending state policies, which is why it needs to
have been enacted by a law
2.) A.O. does not narrowly limit the powers of implementing agencies, especially with
regards to privacy. Any attack to a Constitutional guarantee and the exercise by
one branch of government of power belonging to another is given a stricter
scrutiny
In fine, except as limited by the Constitution, either expressed or implied, legislative
power embraces all subjects and extends to matters of general concern or common
interest

 The president is granted administrative powers over bureaus and offices under his control
to enable him to discharge his duties effectively
An administrative order is an ordinance issued by the president which relates to specific
aspects in the administrative operation of government. It must be in harmony with the
law and should be for the sole purpose of implementing the law and carrying out the
legislative policy
Administrative power is concerned with the work of applying policies and expressing
orders as determined by proper governmental organs
administrative regulation must be restricted in its scope and application.
Regulations are not supposed to be a substitute for the general policy-making that
Congress enacts in the form of a public law. Fisher
CODALS
SEC. 21-23, CHAP. 8, TITLE II, OF BOOK III OF EO 292
Sec. 21. Organization. The Office of the President shall consist of the OP Proper and the
agencies under it
Sec. 22. OP Proper.- (1) The OP Proper shall consist of the Private Office, the Executive Office,
the Common Staff Support System, and the Presidential Special Assistants/Advisers Systems (2)
(3) (4)
Sec. 23. Agencies under OP. The agencies under the OP refer to those offices placed under the
chairmanship of the president, those under the supervision and control of the president, those
under the administrative supervision of the OP, those attached to it for policy and program
coordination, and those that are not placed by law or order creating them under any specific
department
SEC. 31, CHAP. 10
Sec. 31. Continuing Authority of the President to Reorganize his Office. The president, subject
to the policy in the Executive Office and in order to achieve simplicity, economy, and
efficiency, shall have continuing authority to reorganize the administrative structure of the
OP. For this purpose, he may take any of the following actions:
(1) Restructure the internal reorganization of the OP PROPER, including the
immediate offices, by abolishing, consolidating or merging units thereof or
transferring functions from one unit to another;
(2) Transfer any FUNCTION under the OP to any other Department or Agency and
vice-versa;
(3) Transfer any AGENCY under the OP to any other Department or Agency and
vice-versa
PICHAY JR. VS. OFFICE OF THE DEPUTY EXECUTIVE SECRETARY (PRES.
REORGANIZATION)
PNoy issued EO 13, abolishing the PAGC and transferring its functions to the Office of
the Deputy Executive Secretary for Legal Affairs (ODESLA), more particularly to its
newly-established Investigative and Adjudicatory Division (IAD)
ISSUE
Whether or not the president is authorized to create the IAD and did not usurp the powers
of Congress

DECISION
The president has a continuing authority to reorganize the offices under him in order to
achieve simplicity, economy and efficiency. He abolished the PAGC and created the IAD
under his express power as stated in EO 292
o In Domingo vs. Zamora, To remain effective and efficient, the OP must be
capable of being shaped and reshaped by the president in the manner he
deems fit to carry out his directives and policies."
Since both the PAGC and ODESLA are under the OP Proper, the reorganization is
allowable under Section 31(1) of EO 292
The IAD-ODESLA is a fact-finding and recommendatory body not vested with quasijudicial powers (only the judiciary and Congress, through administrative agencies, can do
this)
o While the term adjudicatory appears part of its appellation, the IADODESLA cannot try and resolve cases, its authority being limited to the
conduct of investigations, preparation of reports and submission of
recommendations
The abolition of the PAGC and the transfer of its functions to a division especially
created within the ODESLA is properly within the prerogative of the president under his
continuing delegated legislative authority to reorganize his own office pursuant to EO
292
BIRAOGO VS. PHILIPPINE TRUTH COMMISSION
ISSUE
Whether or not EO 1 establishing the Philippine Truth Commission violates the principle
of separation of powers by usurping the powers of Congress to create and to appropriate
funds for public offices, agencies and commissions
The creation of the PTC finds justification under Sec. 17, Art. VII of the Constitution,
imposing upon the president the duty to ensure that the laws are faithfully executed
The presidents power to create public offices finds basis from either a valid
delegation from Congress, or his inherent duty to faithfully execute the laws
That the authority of the president to conduct investigations and to create bodies to
execute this power is not explicitly mentioned in the Constitution or in statues does not
mean that he is bereft of such authority. The powers of the president are not limited to
those specific powers under the Constitution.
Fact-finding is not adjudication and it cannot be likened to the judicial function of a
court of justice, or even a quasi-judicial agency or office. The function of receiving
evidence and ascertaining therefrom the facts of a controversy is not a judicial
function. To be considered as such, the act of receiving evidence and arriving at
factual conclusions in a controversy must be accompanied by the authority of
applying the law to the factual conclusions to the end that the controversy may be
decided or resolved authoritatively, finally and definitively, subject to appeals or
modes of reviews as may be provided by law.
CONTROL OF ADMINISTRATIVE ACTION
By the President

1987 Constitution
Sec. 17, Art. VII - The President shall have control of all the executive departments, bureaus, and
offices. He shall ensure that the laws be faithfully executed.
SEC. 1-7, CHAP. 1, TITLE 1, BOOK III
Sec. 1. Power of Control. The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed.
Sec. 2. Executive Orders. Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.
Sec. 3. Administrative Orders. Acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders.
Sec. 4. 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, shall be promulgated in proclamations which shall have the force
of an executive order.
Sec. 5. Memorandum Orders. Acts of the President on matters of administrative detail or of
subordinate or temporary interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.
Sec. 6. 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,
shall be embodied in memorandum circulars.
Sec. 7. General or Special Orders. Acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or
special orders.
SEC. 1, 38, BOOK IV
Sec. 1. Purpose and Number of Departments. The Executive Branch shall have such
Departments as are necessary for the functional distribution of the work of the President and for
the performance of their functions
Sec. 38. Definition of Administrative Relationship. Unless otherwise expressly stated in the
Code or in other laws defining the special relationships of particular agencies, administrative
relationships shall be categorized and defined as follows:
(1) Supervision and Control. Supervision and control shall include authority to act
directly whenever a specific function is entrusted by law or regulation to a
subordinate; direct the performance of duty; restrain the commission of acts; review,
approve, reverse or modify acts and decisions of subordinate officials or units; determine
priorities in the execution of plans and programs; and prescribe standards, guidelines,
plans and programs. Unless a different meaning is explicitly provided in the specific law
governing the relationship of particular agencies, the word control shall encompass
supervision and control as defined in this paragraph.
(2) Administrative Supervision.(a) Administrative supervision which shall govern the
administrative relationship between a department or its equivalent and regulatory
agencies or other agencies as may be provided by law, shall be limited to the authority of

the department or its equivalent to generally oversee the operations of such agencies
and to insure that they are managed effectively, efficiently and economically but
without interference with day-to-day activities; or require the submission of reports
and cause the conduct of management audit, performance evaluation and inspection to
determine compliance with policies, standards and guidelines of the department; to take
such action as may be necessary for the proper performance of official functions,
including rectification of violations, abuses and other forms of maladministration; and to
review and pass upon budget proposals of such agencies but may not increase or add to
them;
(b) Such authority shall not, however, extend to: (1) appointments and other personnel
actions in accordance with the decentralization of personnel functions under the Code,
except when appeal is made from an action of the appointing authority, in which case the
appeal shall be initially sent to the department or its equivalent, subject to appeal in
accordance with law; (2) contracts entered into by the agency in the pursuit of its
objectives, the review of which and other procedures related thereto shall be governed by
appropriate laws, rules and regulations; and (3) the power to review, reverse, revise, or
modify the decisions of regulatory agencies in the exercise of their regulatory or quasijudicial functions; and (c) Unless a different meaning is explicitly provided in the specific
law governing the relationship of particular agencies, the word supervision shall
encompass administrative supervision as defined in this paragraph.
(3) Attachment.(a) This refers to the lateral relationship between the department or its
equivalent and the attached agency or corporation for purposes of policy and
program coordination. The coordination may be accomplished by having the department
represented in the governing board of the attached agency or corporation, either as
chairman or as a member, with or without voting rights, if this is permitted by the charter;
having the attached corporation or agency comply with a system of periodic reporting
which shall reflect the progress of programs and projects; and having the department or
its equivalent provide general policies through its representative in the board, which shall
serve as the framework for the internal policies of the attached corporation or agency;
MARCOS VS. MANGLAPUS (PRES. POWERS NOT LIMITED TO WHATS IN
CONSTI)
ISSUE
Whether or not, in the exercise of the powers granted by the Constitution, the president
may prohibit the Marcoses from returning to the Philippines
DECISION
Yes. As part of the presidents residual powers, when an issue concerns the general
welfare of the people and the maintenance of peace and order, she can act on it.
o Although the 1987 Constitution imposes limitations on the exercise of specific
powers of the president, it maintains intact what is traditionally considered as

within the scope of executive power. Corollarily, the powers of the

president cannot be said to be limited only to the specific powers
enumerated in the Constitution. In other words, executive power is more
than the sum of specific powers so enumerated.
History and time-honored principles of constitutional law have conceded to the Executive
Branch certain powers in times of crisis or grave and imperative national emergency.
Many terms are applied to these powers: residual, inherent, moral, implied, aggregate,
emergency. Whatever they may be called, the fact is that these powers exist, as they must
if the governance function of the Executive Branch is to be carried out effectively and
efficiently
PHIL. ASSOC. OF SERVICE EXPORTERS, INC. VS. TORRES
ISSUE
Whether or not the Cory EO can repeal the Marcos Letter of Instruction done when he
possessed legislative power
DECISION
Yes, because in Garci-Padilla vs. Enrile (to determine whether an issuance under the
1973 Constitution may be considered a law), the court held that to form part of the law
of the land, the decree, order or LOI must be issued by the President in the exercise of
his extraordinary power of legislation as contemplated in Sec. 6 of the 1976 Amendments
to the Constitution, whenever in his judgment there exists a grave emergency or a
threat or imminence thereof
o Unlike PDs which by usage have gained acceptance as laws promulgated by the
president, LOIs are presumed to be mere administrative issuances except
when the conditions set out in Garcia-Padilla vs. Enrile exist.
CONTROL AND SUPERVISION (A)
CARPIO VS. EXECUTIVE SECRETARY
RA 6975
ISSUE
Whether the president surrendered his control over NAPOLCOM and PNP
DECISION
NAPOLCOM and PNP are just realigned under the DILG
This presidential power of control over the Executive Branch of government extends over
all executive officers up to lowliest clerk to alter, or modify, or nullify, or set aside what a
subordinate has done and to substitute his judgment over the former
The President has control over departments, bureaus and offices, and supervision
over local governments
Independent Constitutional commissions (CSC, COMELEC, COA) perform vital
governmental functions, so they have to be protected from external influences and
political pressures. Constitutional commissions are not under the control of the
President; the NAPOLCOM is because it is a statute.
MORAN VS. OFFICE OF THE PRESIDENT
Is control absolute? The executive control is not absolute. It may be limited by the
Constitution, the law, or judicial decisions. Separation of powers.

MONDANO VS. SILVOSA (supervision)

Concubinage
Under Sec. 10, Art. VII, the Presidents control of the executive departments do not
extend to local governments where he only has general supervision
Supervision means overseeing/power of officers to see that subordinate officers
perform their duties. If there is neglect, the officer may take actions subscribed in law to
make subordinates perform their duties (Supervision example: BIR which is under DOF.
Pipirma or di pipirma lang.
DOCTRINE OF QUALIFIED POLITICAL AGENCY (B)
ANGELES VS. GAITE
OPs Memorandum Circular No. 58 states that no appeal from or petition for review of
decisions/orders/resolutions of the Secretary of Justice on preliminary investigations of
criminal cases shall be entertained by the OP, except thoe se involving offense punishable
by reclusion perpetua to death.
ISSUE
Whether or not Memorandum Circular No. 58 diminishes the power of control of the
president and bestows upon the Justice Secretary unfettered power
DECISION
The presidents act of delegating authority to the Justice Secretary by virtue of said
Memorandum Circular is well within the purview of the doctrine of qualified political
agency
o In Villena vs. Secretary of Interior, the court, as mentioned by CJ Taft, said that
each head of a department is, and must be, the presidents alter ego in the
matters of that department where the president is required by law to exercise
authority.
o All executive and administrative organizations are adjuncts of the Executive
Department; the heads of the various executive departments are assistants and
agents of the Chief Executive; and, except in cases where the Chief Executive is
required by the Constitution or law to act in person or the exigencies of the
situation demand that he act personally, the multifarious executive and
administrative functions of the Chief Executive are performed by and through the
executive departments, and the acts of the secretaries of such departments,
performed and promulgated in the regular course of business, are, unless
disapproved or reprobated by the Chief Executive, presumptively the acts of
the Chief Executive. (SINGLE EXECUTIVE)
Presidents power to delegate has limits, such as in the declaration of martial law and
suspension of the writ of habeas corpus
By the Legislative Department
1987 Constitution
Sec. 21, Art. VI. The Senate or the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights
of persons appearing in or affected by such inquiries shall be respected.

Sec. 22, Art. VI. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments .. When the
security of the State or the public interest so requires and the President so states in writing, the
appearance shall be conducted in executive session. (QUESTION HOUR)
LEGISLATIVE CONTROL
First provision: creation and abolition of admin agencies
Second: congressional oversight
MACALINTAL VS. COMELEC, supra
Congressional oversight manifestations
1.) Scrutiny (budget hearing, Question hour Commission on Appointments)
2.) Investigation
3.) Legislative supervision (legislative veto IRR; post-enactment of law)
ABAKADA GURO VS. PURISIMA
ISSUE
Whether or not the creation of a congressional oversight committee violates the doctrine
of separation of powers
DECISION
Oversight committees concern post-enactment measures undertaken by Congress to
enhance its understanding of and influence over the implementation of legislation it has
enacted
o Scrutiny purpose is to determine economy and efficiency of the operation of
government activities (request info, give recommendations or pass resolutions)
o Congressional investigation involves a more intense digging of facts;
Congress power to investigate in aid of legislation
o Legislative supervision connotes a continuing and informed awareness on the
part of the committee regarding executive operations in a given administrative
area. It allows Congress to scrutinize the exercise of delegated law-making
authority, and permits Congress to retain part of that delegated authority
o LS involves the legislative veto. It requires the President or an agency to
presented proposed regulations to Congress which retains a right to approve or
disapprove any regulation before it takes effect
o LS issue: encroachment of executive power and violates the doctrine of separation
of powers. Opposition argues it is integral to concept of checks and balances as it
prevents the over-accumulation of power in the Executive Branch
POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
In general
CALALANG VS. WILLIAMS
The delegated power, if at all, is not the determination of what the law shall be, but
merely the ascertainment of the facts and circumstances upon which the application of
said law is to be predicated

MATIENZO VS. ABELLERA

In determining whether a board or commission has a certain power, the authority given
should be liberally construed in the light of the purposes for which it was created, and
that which is incidentally necessary to a full implementation of the legislative intent
should be upheld as being germane to law
Expressed and implied
VILLEGAS VS. SUBIDO
A statute must be accorded primacy as contrasted with decrees coming from the
Executive Branch which are necessarily of a lower category
The CSC cannot order a local official to act, as even the President only exercises general
supervision to these officials
CSCs power over local officials is limited to inquiry. It cannot claim it has implied
powers as nowhere in the provisions creating it is it implied.
LAGUNA LAKE DEVT AUTHORITY VS. CA
LLDAs authority to issue a cease and desist order is expressed in the provision stating its
power to make, alter or modify orders requiring the discontinuance of poulltion
While it is a fundamental rule that an admin agency has only such powers ars are
expressly granted to it by law, it is likewise a settled rule that an administrative agency
also has also such powers as are necessarily implied in the exercise of its express
powers
Discretionary vs. ministerial
CARINO VS. CAPULONG
Ministerial duty one which is so clear and specific as to leave no room for the exercise
of discretion in its performance
Discretionary duty one by which its nature requires the exercise of judgment; must be
exercised in accordance withand not in violation ofthe law and its IRR
Errors in the exercise of powers
COMMISSIONER OF INTERNAL REVENUE VS. COURT OF TAX APPEALS
The government is not bound by the errors committed by its agents
In the performance of its governmental functions, the State cannot be estopped by the
neglect of it agent and officers
Investigatory
CARINO VS. CHR
CHR only has investigative powers, i.e. to receive evidence and make findings of facts
as regards claimed HRVs, not quasi-judicial powers which will mean the trying and
deciding of cases
Fact-finding is not adjudication, and cannot be likened to the judicial function of a
court of justice, or even a quasi-judicial agency or official
DOH VS. CAMPOSANO

Department secretaries have the authority to investigate and decide matters involving
disciplinary actions for officers and employees under its jurisdiction. The power to
appoint is the power to remove.

QUASI-LEGISLATIVE POWERS
In general
SMART COMMUNICATIONS VS. NTC
Administrative agencies possess quasi-legislative or rule-making powers and quasijudicial or administrative adjudicatory powers. Quasi-legislative or rule-making power
is the power to make rules and regulations which results in delegated legislation that
is within the confines of the granting statute and the doctrine of non-delegability
and separability of powers
The rules and regulations promulgated should be within the scope of the statutory
authority granted by the legislature to the agency
Regulations should be germane to the objects and purposes of the law, and be not in
contradiction to, but in conformity with, the standards prescribed by law
EDU VS. ERICTA
Governments police power is the power to prescribe regulations to promote the health,
morals, education, good order or safety, and general welfare of the people
Public welfare > private interest: The State may, in order to promote general welfare,
interfere with personal liberty, with property and with business and occupations
What cannot be delegated is the authority under the Constitution to make laws and to
alter and repeal them; the test is the completeness and sufficient standard test
DELEGATION OF LEGISLATIVE POWER VALIDITY TESTS
Completeness test
o A law is complete when it sets forth therein the policy to be executed, carried
out or implemented by the delegate
Sufficient standard test
o When it provides adequate guidelines or limitations in the law to map out the
boundaries of the delegates authority and prevent the delegation from running
riot
o To be sufficient, the standard must specify the limits of the delegates authority,
announce the legislative policy and identify the conditions under which it is
to be implemented
o Defines legislative policy, marks its limits, maps out its boundaries and
specifies the public agency to apply it
o Sufficient standards: public interest, justice and equity, public convenience
and welfare, and simplicity, economy and welfare
PEOPLE VS. MACEREN

The legislative cannot delegate to an executive official the power to declare what acts
should constitute a criminal offense
An administrative agency cannot amend an act of Congress
Administrative regulations adopted under legislative authority by a particular department
must be in harmony with the provisions of the law, and should be for the sole
purpose of carrying into effect its general provisions

ASTEC VS. ERC

Presidential decrees and executive orders by the President in the exercise of legislative
powers when delegated by legislation or conferred by the Constitution. Administrative
rules and regulations must also be published if their purpose is to enforce or
implement existing law pursuant to a valid delegation