POWERS OF ADMINISTRATIVE

AGENCIES
NATURE AND Administrative agencies
gain whatever power they

SOURCE OF have by delegation-that is

to say, that they don’t have

POWER OF
inherent, constitutionally
mandated power to act.
Rather, a, higher level of

ADMINISTRATIVE government, normally the

legislature, must delegate

AGENCIES some of its own power to

the agency.
HOW MUCH
POWER IS THAT?
IT DEPENDS. IN ORDER FOR AN AGENCY TO EXIST,
IT MUST FIRST BE CREATED BY THE ENABLING
LEGISLATION. THIS STATUTE IS A DEVICE THAT
SETS UP THE BASIC FRAMEWORK FOR THE
AGENCY, AND THE SET OF RULES AND
LIMITATIONS BY WHICH IT MUST LIVE. THESE MAY
INCLUDE A VARIETY OF THINGS INCLUDING
ORGANIZATIONAL MATTERS, STAFFING, SALARIES
AND PROCEDURES FOR CONDUCTING BUSINESS.
THE MOST IMPORTANT IS THE DELEGATION OF
POWER AND ITS LIMITATION.
AN AGENCY MAY ONLY EXERCISE AUTHORITY
WITHIN THE DELEGATION OF AUTHORITY
PROVIDED FOR IN ITS ENABLING LEGISLATION, OR
SUBSEQUENT LEGISLATION GRANTING SPECIFIC
ADDITIONAL POWER. THIS SPECIFIED AUTHORITY IS
ALL THE AUTHORITY THE LEGISLATURE HAS
"HANDED OVER" TO THE AGENCY, AND SINCE THE
AGENCY HAS NO INHERENT AUTHORITY OUTSIDE
OF THIS "HANDED OVER" AUTHORITY, THERE IS NO
OTHER AUTHORITY TO WIELD.
DELEGATION OF
POWERS
Tests of Valid Delegation:

1. Completeness (the ‘what’, rights; even if “formulate plan”

under Cybercrime Law); and

2. Sufficient Standards (may be broad, such as public

order, safety, social justice, quality of education, law and
order under definition of “Cybersecurity”; genuine local
development; but not vague; may be stated in separate law
Tests of Valid Delegation

1. Completeness o sets forth therein the policy to be

executed, carried out, or implemented by the delegate.

2. Sufficient Standard o provides adequate guidelines or

limitations in the law to map out the boundaries of the
delegate’s authority and prevent the delegation from
running riot o specifies the limits of the delegate’s
authority, announces the legislative policy, and
identifies the conditions under which it is to be
implemented.
 DEAR (Doctrine of Exhaustion of
Administrative Remedies)
The doctrine of exhaustion of administrative
remedies requires that when an administrative
remedy is provided by law, relief must be sought
by exhausting this remedy before judicial
intervention may be availed of.

 DEAR (Doctrine of Exhaustion of

Administrative Remedies)

The doctrine is not absolute. There are instances when

it may be dispensed with and judicial action may be
validly resorted to immediately. Among these
exceptions are:

1) When the question raised is purely legal;

2) when the administrative body is in estoppel;
3) when the act complained of is patently illegal;
4) when there is urgent need for judicial intervention;
5) when the claim involved is small;
6) when irreparable damage will be suffered;
7) when there is no other plain, speedy and adequate
remedy;
8) when strong public interest is involved; and
9) in quo warranto proceedings.
WHAT ARE THE PARTS OF A CASE?

1) Title ad Citation
2) Facts of the Case
3) Issues
4) Reasoning
5) Ruling
6) Separate Opinions
1. Title and Citation

The title of the case shows who is opposing whom. The

name of the person who initiated legal action in that
particular court will always appear first. Since the losers
often appeal to a higher court, this can get confusing.
1. Title and Citation

The title of the case shows who is opposing whom. The

name of the person who initiated legal action in that
particular court will always appear first. Since the losers
often appeal to a higher court, this can get confusing.
1. Case name and citation
2. Facts (the story of what happened condensed
to what you think the court found relevant to
this judicial decision)
3. Procedural Posture (what happened when the
case was brought to trial and subsequently
appealed)
4. Issue (the question that the appellate court
must answer in this case)

5. Rule Applied (the rule that the appellate court

decides will be used to come to a decision based
on the facts of this case)

6. Holding (the court's decision after applying the

rule to the facts of this case - therefore, the
holding is specific to the case before the court),
7. Reasoning (the process the court uses in
selecting the rule and applying the rule to the
facts of the case)

8. Result (what the court did with the case)

9. Concurrences and dissents (what other judges

said who did not completely agree with the
majority).
CASE ANALYSIS: (from the assigned cases last meeting)

Who are the parties to the case?

Who is/are the petitioners?
Who is/are the Respondents?
What is the issue in the case?
Was DEAR complied with?
What is the proper remedy?
What is the involved administrative Agency?