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1. It violates the principle of separation of powers. Mere filing of criminal or administrative complaint
will not bar a legislative investigation.
It allows the legislators to wield any form of post-
enactment authority in the implementation and b. In accordance with duly published rules of
enforcement of the budget, such as project identification, procedure
fund release, and fund realignment, unrelated to
congressional oversight, violates the principle of The Senate of every Congress is required to publish
separation of powers. its Rules of Procedure because every Senate is
distinct from the one before it and after it. Failure to
2. Violates the principle of non-delegability of publish its Rules of Procedure will render the
legislative power. hearing in aid of legislation procedurally infirm.
The individual legislator is able to dictate: a) how much c. Rights of persons appearing in, or affected by
from such fund would go to 2) a specific project or such, inquiry shall be respected.
beneficiary that they themselves also determine. This is
The right of the people to access information on 2. It must be within the scope and purview of the
matters of public concern generally prevails over the law.
right to privacy of ordinary financial transactions. There must be a valid law which delegates
legislative power to the administrative authority.
Right to self-incrimination does not extend to 3. It must be reasonable
persons subject to legislative inquiries. Right to self- 4. Publication in the Official Gazette of the
incrimination only extend to all proceedings Philippines or in a newspaper of general
sanctioned by law; and to all cases in which circulation.
punishment is sought to be visited upon a witness, The following need not be published:
whether a party or not. a. Interpretative rules and regulations
b. Letters of instruction
Power to punish contempt. c. Those which are internal in nature
This power can be invoked by the legislative body as a Additional requirements for penal sanctions:
means to preserve its authority and dignity.
a. The law itself must declare as punishable the
This power is independent from contempt powers of the violation of the rule or regulation
judiciary. b. The law should define and fix the penalty for the
violation of the administrative rule or regulation.
Question Hour
CLASSIFICATIONS OF ADMINISTRATIVE
Power to conduct inquiries in aid of legislation is REGULATIONS
different from the power to conduct question hour.
Legislative rules are in the nature of subordinate
Power to conduct legislative inquiry: The aim is to legislation and designed to implement a primary
obtain information in aid of legislation. This is legislation by providing the details thereof.
mandatory and department heads may be compelled to
appear even without obtaining consent from the Interpretative rules are intended to interpret, clarify or
President unless a valid claim of privilege is explain existing statutory regulations under which the
subsequently made either by the President or the administrative body operates.
Executive Secretary acting as President.
Contingent rules are those issued by an administrative
Question Hour: To obtain information pursuant to authority based on the existence of certain facts or things
Congress’ oversight function. It includes information as upon which the enforcement of the law depends.
to how the department heads are implementing the
statutes. Their appearance requires the consent of the REQUIREMENT OF HEARING AND NOTICE.
President.
Hearing and notice is required if:
1. The administrative agency’s function is quasi-
judicial in character that applies exclusively to a
ADMINISTRATIVE LAW party.
2. It increases the burden of those governed.
POWERS OF ADMINISTRATIVE BODIES 3. It is a subordinate legislation designed to
implement a law by providing its details.
1. Quasi-legislative power
2. Quasi-judicial NOT REQUIRED if:
3. Determinative:
1. If the agency exercises a quasi-legislative
QUASI-LEGISLATIVE authority
2. Interpretative rules.
Requisites for its validity:
NOTE:
1. Issued under the authority of law.
A Petition for prohibition is not a proper remedy to contained in the record and disclosed to the
assail an IRR because it is an exercise of quasi- parties
legislative authority. f. The board or judges must act on its
independent consideration of the facts and
Petition for prohibition is directed to tribunal, the law of the case, and not simply accept
corporation, board, officer, or person exercising judicial, the views of a subordinate in arriving at a
quasi-judicial, or ministerial functions. decision.
DETERMINATIVE POWER g. Decision must be rendered in such a manner
that the parties to the controversy can know
KINDS: the various issues and the reasons of the
decision rendered.
1. Enabling - to permit or allow something which
the law undertakes to regulate (ie. Grant of - Administrative proceedings does not necessarily
licenses) require the assistance of counsel
2. Directing – Illustrated by the power of - Notice and opportunity to be heard are the
assessment of the BIR or the Bureau of Customs minimum requirements as basic elements of due
3. Dispensing – to exempt from a general process.
prohibition, or relieve an individual or
corporation from an affirmative duty.
4. Examining – also called the investigatory power, NOTICE
or the inquisitorial power, consists in requiring - Absence of previous notice does not constitute a
the production of books, papers, etc., the violation of due process. What is important is
attendance of witnesses and compelling their that the parties are given the opportunity to be
testimony. heard.
o The essence of due process is simply an
NOTE: opportunity to be heard or, as applied in
Administrative bodies has the power to PUNISH administrative proceedings, an
FOR CONTEMPT. Requirements: opportunity to seek reconsideration of
1. It must be expressly granted the action or ruling accompanied of, or
2. Admin is actually performing quasi-judicial an opportunity to explain one’s side.
functions
What is required is substantial evidence.
5. Summary – Power to apply compulsion or force
against persons or property in order to effectuate - If an administrative body is authorized by law to
a legal purpose without judicial warrant to initiate administrative proceedings motu proprio,
authorize such action. no written complaint against the petitioner is
necessary.
QUASI-JUDICIAL OR ADJUDICATORY POWER
ADMINISTRATIVE DETERMINATIONS WHERE
- Administrative bodies may promulgate its own NOTICE AND HEARING ARE NOT NECESSARY
rules of procedure provided it does not modify, FOR DUE PROCESS
diminish or increase substantive rights. a. Grant of provisional authority for increased
- The requisites of procedural due process must be rates, or to engage in a particular line of business
complied with: b. Cancellation of passport where no abuse of
a. Right to a hearing discretion is committed by the Secretary of
b. Tribunal must consider the evidences Foreign Affairs.
presented c. Summary proceedings of distraint and levy upon
c. Decision must have something to support the property of delinquent taxpayer
itself d. Summary abatement of nuisance per se which
d. Evidence must be substantial affects the immediate safety of persons or
e. Edcision must be based on the evidence property
adduced at the time of the hearing, or atleast
e. Preventive suspension of a public officer or
employee pending investigation of
administrative charges filed against him.
Exception: