Chapter 1 GENERAL CONSIDERATIONS Nature \ADMINISTRATIVE!LAW is defined by Dean Rosco Pound as “that branch of moder law under which the executive department of the government, acting “in a qucsi legislative or quasi-judicial capacity, inter= feres with the conduct of the individuel for the pur pose of promoting the well-being of the community, as under laws regulating public interest, professions, ‘races and callings, rates and prices, laws for the protection of public health and Safety, and the pro- ‘motion of public convenience" This definition embodies the fundamental char- acteristics of Administrative Law. Thus, it sugzests, Correctly, that this field of law is a recent develop” ment, Being a consequence of the ever-increasing "complexities of society and the proliferation of prob “lems of government that cannot readily or effectively “be addressed by the traditic neice solved by the other disciplines of put Aaion likewise indicates Ue tn maior gover of ‘de administrative agency, to wit, its "authority or rule-making power and its quasi-jacisial no, "Growth of American Adminitrative Li,gion, Finally i€ AMROUNg juiatony istrative Law, os er ttt a Doth ys exec? _public well ss os sheet a ie x Sgt ae the otentan ‘of public \ines the compet ‘of So es ene a eg ranidurter, it Seats with the field of ep no el ateniistering Agencies oth conte een Ftp He of contra exercised by ‘courts over such agencies." 7 oeeging general definitions of Administes ee Ge comprenensive coverage of thi a of pubue law in terms of the publi Haan ova administrative agencic» prove Support or asdanee and the general public fr th ay ae erased to serve For the eszos ge above, Dean Pound's dele ston of Amninatie Law shal be adopted in tS a Teshowtd be no that the’ which ‘and only within the confine oftesconsutonal or statutory grant of either- * Gand, 19960, Comparatie Adin IY Pe rat Administrative Law, 8 cies the discipline ay | Genera Consioenanions 3 origin and Development ‘The origin of Administrative Law isin legislation Its justification is expediency = It is the result of the pervasive proxy of the | modern age and the 1 dificitiee confront. “ing the avernment, which, given the sophisticated hhature of the probleme it must address, (ano longer able to employ, with the same ellectveness, the te ditional powers assigned to its severe branches Un: der the doctrine of separation of powers. Under this doctrine all rules of conduct are sup- posed to be laid down divecty by the levislatur, sub. Ject tothe (ikewise) direct enforcement ofthe execu tive department, and the application or interpreta. tion, also direc, by the judiciary. ‘Adherence {0 this arrangement was. possible when ‘communities were comparatively smell and their problems relatively simple. But se the popula: on! grew and the peoples aces malted, came increasingly diffeutt for the legislature to Soa dre and expeditousiy ith rely prem, land for the judiclary to directly decide controversies, Which presented mostly only factual issues, arising from these probleme. It must licewiee be stressed that the taak of enforcement of the law ale became rote complicated as the areas of concern ofthe gen: ral public expanded. was felt that the leyslative and judicial de- partments no longer had either the time or the heeded expertise to attend to these new problems, ‘otto mention the lack ef interest, particulary in the legislature, ae most of these probleme did not smme- diately affect the constituents of te members. Insolar fs the courts were conceined, there was a naturalve Law 1. Acoaest a shawn pechiecnn cance to ntefe® with Cfeand should conse: Saree Sie cece depart Th Sine had AUB purely tee oot en i he Saree er an we dein oF per, saree with probably some hesitation but sect te acre began a es to Tay down ral iSigcran sec Ste en eee eo canis broad poticice intended tis ete eae aS Steno encouraged further delegations, withthe {eau thatthe numberof these bodies grew to pro ordone that have led to the tenable observation tha, in the leiature, delegation has become the ‘ie and non-elegstion, the exception. ‘sn thstration ie the regulation of common c&t- ‘er, buses and passenger jeeps. It is now A= Se by ale asthe type of vehicles tobe ete by the operator, the routes through which be ‘ay sprite the conveniences he should offet 10 BS fare beter anit the Safety devices he should install Ales, prone for by detailed administrate Pete and wea PY Bersons with the needed "Tether than by general statute. Sach eestor Se, er ns as who may be P cans ag yt ght of the qualification? % ** Recessity for their services: M artment. It 18 10 De stresgy Mtified under the doctrine of Genen Constperarons 5 the fare that may be charged, taking into account the Cost of fuel and the distance of the trip, these mats fers are better resolved not by the legislature or, even. lees, by the courts of justice but by the appropriate fsdministrative body in the exercise ofits fact-finding nd adjudicntory powers By delegation, therefore, the legislature is able to _reliowe itself of the responsibility to legislate directly “Gorell norman and of tending ae el (hat tore propery pertain to toe executive ether “tes. In this manner, the legislat | on matters of national or greater Present Status Being the latest development in the field of Po- litical Law, Administrative Law is still in a state of ‘ux, with many of its rules still to achieve the per- manence of the more cettled principles in its allied disciplines. Its boundaries are as yet undefined. is still undergoing a process of experimentation, ‘The tentativencss of this modem branch of pub- lic lew is illustrated by the instability of the adminis trative body itself, which is erented today, abolished tomorrow and revived the next day—all often without ‘exciting public curiosity or suspicion. ‘The people acknowiedge that Administrative Lav, at this point, ‘ust proceed on a trial-and-error basis as it seeks t© Giscover the most acceptable ways by which it may ensure the proper enforcement of lew with a min ‘mum of interference with individual righte.ranive LAW ows aur amiiatne va A cris of four Kind" tutory-enceimenys (1 eon eto re RHISOTOSEAH a og de na Common he ee a one ier oe rt Ne the ace peeps eparin ge eatblish the sforemen ee ed a es a et the fone cnn ee son es Ee keen 0) nets courtsintrproting the © Creoainitretive bodies and defir ing thair powers, rights, inhibitions, am ong others, and the effects of their deter: taecns and opictons, Jcluded inthis class are such decisions of the Supreme Court as Aratue v. Commission on Elections ‘and Maceda u Energy Regulatory Board.® (9 Rulestreputions issuectby the od “Pups fr wien thei wore created: 424s san 2 S28 scea ze to oh 9S December 18,1980, 192 SCRA 299 (Green. Conspemarions 7 Among the rules which fall under this class are ‘the Omnibus Rules Implementing the Labor Code, a promulgated by the Department of Labor and Em- ployment, the cizeulars of the Monetary Board on {Interest rates, and the regulations of the Commission ‘on Immigration and Deportation, not to mention the rules promulgated by the Securities and Exchange ‘Commission as well as the Intellectual Property OF fice on matters these agencies are called upon to regulate, all of which are promulgated pursuant to the rule-making or quasi-legislative prerogatives usually assigned to administrative bodies, (4) ‘Determinations: and onders of the adi “nistrative bodice inthe eottlement of “controversies arising in thelr respective fields. ‘This class refers to the adjudications of adminis- trative exencies in the exercise of their quesi-judicial powers, eg, the awards of the National Labor Rela tions Comstission with respect to money claims of employees. Admialstration ‘The term ‘administration’ is understood in two senses, viz, as an Institution and as a function. In the first sense, administration refers to the ‘eggregate of individuals in whose hands the reins of ‘government are for the time being It refers to the Persons who actually run the government during their prescribed terms of office. This includes all the personnel in the executive branch who are charged ‘with the enforeement of the law. Administration is to US. Dorr, 2 Pail 332.rt, which a the tom gree ich the wil ve, asin eh ous, hi al ot tens yma raton, whichis ran Soe ema a3 ae a ete ay ans Re ove other worture, whieh ATE or less permanen Sian sxcre in we ministration means the won wend 2 ty he cae cecrual runing of 8 Meaforcement of laws and the Se ey cy een sap eine eerng of Juda decisions wit Bogarde eee ie sts Se ate ie nwrence ey 2 ee ca acne oe Saas ee nods Se i cabey ile beans extemal intoaladanstration covers those rules defin- ing ihe toe of publ functionacis inter se and tetbrace the whole range ofthe law of public of- re Tnus, provisions regarding the qualiication, Seleen, powers, rights, duties and liabilities of publ ofcers are considered part of Administrative {nw oteraladminiszation consists, among others of ries Ind dom in a particular agency oF of ‘ike those preseribing work assignments or job de ‘Syibeions, uniforms, procedures for the submission fren a the tea ef which are impoeed in si offce upon his subordinates. Exteel adeinistr foes the reitration, on the other hand, de ms ofthe public office with the publ™ Cenena. Consceeanos ° ln general. The roles prescribed thereunder do not evestarily affect the personnel of the office but are promulgated for observance by those who have deal Ings of transtetione with said office Among the manifestations of external administration are the Foles of the Bneray Regulatory Commission on ae justments in the rates charged by cistrbutors of Cleetricty and of the Philippine Overseas Employ ment Administration on recruitment for overseas Employment. These niles are promulgated by the ‘adminietrative agency in the exercise of ite quasi legislative authority forthe regulation of specie mat- ters placed under its juriadiction Distingulshed from Law Law i an impersonal command provided with ‘sanctions to be applied in case of viclation, while Administration is preventive rather then punitive and is accepted to be more personal than law. Its directive having been establiched, the law steps back, foe ite arms and maintains « watchfal ‘eye on those who would violate its order. The culprit, whoever he may be, then pounced upon and vie lted with the threatened punishment. Being imper- ‘sonal, the law is concerned only with obedience tits ‘mandate and not with the ereimetances or excuses of the violator, ‘Administration, on the other hand, has @ more sympathetic regard for the individual and seeks to ‘spare him from the punishments of the law by per- ‘suading him to observe ite commands. ‘Thus, the Bureau. of Internal Revenue an- ounces, usually through the mass media for better effect, the deadlines for tax payments, urging theaioe ca time ne Shor prompt and cor, 8 Paes de ao rca pu rT Oe value Pe sation tax scheme i valence Sete we bee ee ee ‘ coor fe Bare of tea ee eae lve apni (ae of sanctions Pere altogether fall to pay their taxes , i co clarify certain ambiga Assit oo grou the fate ous provisions Mt Sons meant to make it easier fr nective feGeng and 0 obey the 1a. Thus, the poole Maternal Revenue periodically Promul- the Der ge regulations and the Department of gales “Og prpliyment has issued the Omnibus Ee mi Epa he nt ge Buy wer enforcement of the laws which they a led upon to execute While the personal nature of Administration is generally viewed as a welcome balancing. fuer Sings the harehness of the law, it may howert constitute a defect as well to the extent that it Pet rule disregard o- misapplication of the imp wrovons of te lav a the will of those, whe fupposed to enoree it In the exercise of the {ee verted n hin by eat, the administrative wy fo erample, 50 i reves! eat zm, so interpret law as to BE Som beng applied, tothe benefit or prejudice of Tas, the Revised oun guaigirs Revised Penal Code specifies the Yo ctoumstances ofthe crime of MUI GenetaL Coxsipenanons and this law applies to anyone committing the of fense. Even s0, the prosecutor conducting the pre- liminary investigation may declare that there is no prima facie case against the person charged with the Gffense and 80 prevent his punishment. Conversely, the same prosecutor may decide to file the seemingly appropriate information against the respondent des- pite the clear absence of evidence tending to support fa prima facie case against him. Either of these find- Ings may be prompted not by an objective considera. tion of the evidence but by the relations of the re- ‘Spondent, or the complainant, with the prosecutor. ‘The same thing can be aid with respect to a la- bor arbiter who may consistently uphold claims of employees against their employers, even if the latter ‘would not have violated any labor law, simply be- cause of hie fundamental personal bias in favor of sorkers ‘This defect is, however, not peculiar to adminis trative agencies and may attend, regrettably, even proceedings taken before the traditional departments of government which are, after all, manned by hu- ‘man beings who are prone to bias, error and failings. of the will. LCchapter 2 CIES TIVE AGEN apMInis™ oe be described AOBNCY may be described ay a apuastRaTve AGENT lative and. quast codoned wih Mose of enabling it to cary a me por enforcement OF execution, atlas eit in the Administrative Code cagact 8 deed Te uean, office, com sega orc ofthe National Govern tmasin, chon of Mesanl Gage we autbraet ty law or executive order to m thy, isve Horses, grant rights or privileges and ‘dulcate cases, research institutions with respect to feesngfancton; government corporations with rempect to functions regulating private right, priv- ‘lege, occupation or business; and officials in the ex ards of diary power as provided by Taw."! a Maga v, Fenachos, J.2 the Supreme Couft to any agence of Qeemment instrumentality — eck ED the ional Government not i Sredal ancune, ePAent framework, vested “ih some i not al sage by law, cadens crate * me Powers, adminis ee Ore 212 80R4 si M292 Bock VI, Chapter 1, See. 2(1 6 stressed that @ “chartered ter, and vested by law with cific constitutional policies ‘An agency, accordin broadly defined by statu fonctions relating to ape oF objectives” GE & local government ef a dee tinct unit therein. (S¢ . etion 25 Introductory Prot: sions, Executive Order No. 292~Almisisnatee tore } on the other hand, Tefers to an executive department created by law. Whereas, 2 bureau is understood to refer to any principal subi, vision of any department In tum, an office ‘efers, ‘within the framework of government organization, to ‘any major functional unit of a department or bureau, including regional offices.’ It may also refer ‘to any Position held or occupied by individual persons, ‘whose functions are defined by law or regulation.” An. instrumentality is deemed to reler to any agency of the National Government, not integrated within the department framework, vested with special functions or jurisdiction by law, endowed with some, if not all, corporate powers, administering special funds and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chas- tered institutions and government-owned ot con- trolled corporations."* of 1987) A department, United Residents of Dominican Hil Inc, v. Commission on the Settlement of Land Problems, 359 SCRA 782,jane AOMINSTENT isined the concept of 2 00 eS Group ‘the Supet® Coanao Party uP in Anak it said — agency i Berg were ‘Brecutive Secret sent consists of the Office canon te RSS ces under ea eee ean rg NIP were fxd a eat ee of te President. The “Agen Sea te et ee ern tn Breet, a ‘contro of the Presi- ease a ne sagen dot, those uncer Ue those attached t0 the OF. te Otis of am coordination, and those fe hf a Feces ther fe rr a Er ner eating tM Un ae = a the President aeree pes by aw, the President ay ena ane te te rt saath gr err agency suc 0 the twa ah ic oe and ie ote co achieve ‘StL SScrny and efhceney. Oauedegtnn SEEEU.EOTE! Msg enccotee orcs may SOE van ed wtih pave abuse of ‘Tein oclavouton ofthe eo oo “Ihe checrnon of the NCIP as an inde endo egnyr he feo the President See ‘Sticnoe mi ey em the Pendent conte ar Seon wt oa pormance of ed Dati woot ts the Supreme Cau “iS. v Couey Appeals declared that poe he tice scan SEMY t0 a department is OFF Peak Ws Chapter 7 os rleionships mentioned i eh an onto {SE eit, 207 nd 829, 2007, i§ on the relationship of an agency ‘ét *AomnsmRVE Roticie Stoten 3 thee flys MMMM Bee in equivalent ant SES greet a Sy hing tee dependence trem tre Depareaett to wach Fw ‘athe as oe wh une peter {s"borne out bythe Steal watch’ Geen toe Department and he atached agen The saat ‘erly fr polis and prope cocrinaton Wilh tape to adiirative raters te nepencerce Sen attache agency ter Deparment com. Sipensoon he renee oy te ut Se agency uncer Departments sinter Devise ise ora Degarnentl intern th Fespect to appointment ae ees persone! actos Tendon the Admit Cole 016 Noveover, dhe Adnisane Cae xis Ores {har chapter & of fork 1 en supesviin end et hal pot apply we eoaree eatitons aes Department” ‘The Administrative Code of 1987 categon2es ‘ciministrative relationships into (3) superssion control, (2) administrative supersion, and (3) et6 inird category, it epee 0 ey ae & lar en Sac SS oeartnent insfependence Oe which i9 under de. inc ha, Oa or binistatng ion and CO he “lateral rel orme OU and the attacheg tne Dever erly 4 “policy ang aca tthe essential aut on not negated by ity ease 108 ; ee ing one functionally inter. rere fo another is tO attain ea dination."7 Soe en program coordinato retantary abitrator, whether acting solely oe da egret law the stats of & quae or it Paey wut independent of, and apart from, Jail sero) Per Relazone Cominssion ance his taba a he Nat appeal t the atte ‘The term “Authority” has been used to designate both incorporated end non-incorporated agencies or inotrumentalities of the government.? ‘The Supreme Court has clarified that any agency organized as a stock or non-stock corporation vested with functions related to public needs whether ‘governmentel or proprietary in nature, and owned bY the government directly or through its instramentali- ‘es, either wholly cr, where applicable, as in the CaS Frey: Group v, The Executive Se pen 25, 2007 tae Doge Sr" Comalssion, 249 SCRA 196 comer feria eheeM Bank. Aesctation of Luzon DC Shon ceo 249 SRA te, s = " Authorty v, Court of Appeals, 249 SCR ownwsranrve Aces iF SEG GeToration, othe extn of est 51% of imentonned or conttalled Indeed, Section 2 (13) of Bxee 292 defines government owned or conttelled capes tione as follows wn oF controlled corpora, 139] gevemment onsed oc canted certs ine reer tay ageney organised ane neck er eee Steck cope Ne eth nto asa Aiur. an onred bythe prermens ecto o ‘cc hou is teen ster tote Weis extent ot trae Sis af tscape ese ‘vided thot government owned or conled oper. tone may be further categorised by the depart ‘gst, the chil service commision andthe coal ‘ionon aud fo the purpone ef the errs sie ‘charge af thir rerpecive powers, fonecona Republic Act No, 10149 further provides, among others, a folos A govemment agency refers to ony of he varius mite ofthe Government othe Republic of he Phir Ippinc, inloding & department, bureau, fee ns ‘Parental or government-owned or ceneeed ce poration, or a focal government or & isin unit herein [A government ouned or contre conorationx- fers to any agency organized ana tek of non-stor Cctporation sented mtn fonctions reating pub Seede whether governmental er proprietary ise and owned by the Government of te Republic he Ombudsman, 393 SORA 7 Layon v Oe of te Oman 393, 1 People w, Sandignnbeyen, Section SiMI nese or throug ito iNstramen, jaca dct Fe gpplicable a8 in the ce extent Tena ass 0 Aosta stock Provided, case #0 gtaing yt, Act, the ‘sr maori Oe for Pt coe (Government fe Pa nae ae Gowers / Government Sromenaies om (Goveroment Financia Carpets EOS ea herein. isa sien (PI) tr uerment Fence’ Ceporations in which the wali nines gs ee government droll OF ee ether: (1) repistered with Capi stock and Which te Bangko Sentral ng o& dicey sp iecting of transacting funds or oF (ool public and places them in Eonetutions fom the pl places contitons ments of aesets such a3 deposits, . ‘ncluding, but not limited to, Teun, boods and equity of sot mies i i Ecremament Senvce Insurance System Soa Seunty System. overrnent_ fnsinmentaltes with Corporate Rovers (ICY Goverment Corporate Entities (GCE) refer to instramentalities or agencies of the gover ‘ment, which are nether corporations nor agencies integiet witin the departmental framework, but vested by law with special functions or jurisdiction, ‘owed with some if not all exporate powers, ad- inning epecil funds, and enjoying operationdl ete a Ruch @ charter including, but i ~ onl Aiport hae the Mania Internation they Pathe Aaa, Philippine Ports Ax pine re OO Peston Pa gee Defeat ineurance CH Amare Aoencas » Sewerage Systm (WSS, the gana Lake Dee gpment Authority (LDA, the Shuai De. Development Auton (Psa) ne Frnt, abies and Development Authonty Oba ie eee Auority (EPA), the Cagayan ce ors fer Gee the San’ Famatide Port Ruthotey, Oe eet wes es Administration (LWUA) aid the Aaa Be ‘ductivity Organization (APO),1S Seen Pe ‘Non chartered GOOC refers 0 4 GOCC on and operating under Betws Pambarea Biase Soe “The Corporation Code of the Philippines."1* “ On the basis ofthe oregeing definitions, it has been ruled that the “Mania International Aiport Authority is @ government inetrusentalgy thet hes not qualify 23: e ‘govermenvowned cr conroled Corporation." The term government anstramenaliy 4s broader than the term ‘government-owned or con ‘tolled corporation’ The fact that the vo terms have separate definitions means that while a government Snstrumentaiey may include «.'govemanen owed or controlled corporation? there tay be a geen: ment instrumentality’ Ghat wil not qualify a8 8's" erumentoowned or controled corporetion ‘The University of the Philippines as Ukewise ‘been considered "a government instrumental), pet forming the State's consittlonsl mandate of pre rmoting quality and accrasble education’ which “ronice with the MIAA, a government instrumentality exercising conporate powers but not organized ee "5 Seeton df 63072, apr 2, 2009 —— ‘Univer ef the Fain v Disc, OR. No. 17 ‘August 25,201220 Pairmie ADMINASTRNTIVE LAW stock oF non-stock corporation. While said corpora. tions. ere government instrumentalities, they are Toosely ealled goverment corporate enities But net government owned and conttolled corporations im the etriet once." ‘The Supreme Court has likewise ruled that the Philippine National Red Cross is not a government owned or controlled corporation, which must be ‘owned by the government, and ir) the case of a stock ‘corporation, at least 2 majority of ite capital stocie must be owned by the government. In the ease of a znon-stock corporation, by analogy, at least a majority of the members must be government officials holding such membership by appointment or designation by the government”? ‘The Supreme Court has stressed that “when the legislature creates through special charters corpora tions that perform economic or commercial activities, ‘such entities — known as ‘government-owned of controlled corporations’ — must meet the test of eco- nomic viability because they compete in the market place." Accordingly, it has ruled that the "Philippine Reclamation Authority (PRA) is not a GOCC because it is neither a stock nor a non-stock corporation. It ‘cannot be considered'as a stock corporation becatiee although it has a capital stock divided into no par value shares as provided in Section 7 of P.D. No. 1084, it is not authorized to distribute dividends, surplus allotments or profits to etocldholdere, 200. "Manila International Alport Authority v. Court of Ap: ‘eats, GE No. 195680, July 20,2006, 495 SCRA 581, 618-619. ited in Lockneed Detacte and Watehinan Ageney. tae. Un ‘vero of the Philippines, GR Wo. 185918, api 18, 2012, Liban », Gordon, 0.8. No, 175262, sly 15, 2008, 3 Republi ofthe Pippineev. City of Perahage, O.R. NO. 191109, uly 18, 2012, Aomonsrannve Actus a PRA cannot be considered a non tock corporation either beemuse doen net have eee ee Stock corporton at have mere: Noxcoee ‘wag not organized for any ofthe purposes mente in Section 88 of the Corporsuon Cock, Sparen ‘was crested to manage all goverment relator On the other hand, the Court has considered the Navlonal_ Electrification Administration® ane. the ‘Trade and Investment Development Corporation. of the Philippines as government-owned or contraled 1 may be added that the Boy Scouts of the Phil- Ippines been considered as “both a government cor tolled corporation with an original charter’ and as an ‘instrumentality’ of the Government within. the ‘meaning of Article IX (8) (2 (I) ofthe Constitution = 1c may be regarded ae an arm of the legislature insofar as it is authorized to promulgate rules that Ihave the foree of law by virtue ofa valid delogstion of legislative pover. Itmay also be loosely considered a ‘court because it perfarms functions of @ particular 2 National Ekcucnion Admiiavaton +, Mera No, 184300, fay 34 07 eng Neto mtn rat. env Enel, Gi 'No. 14057 Vy 6, 2006109 SCRA BT, 555, "Nationa stneten fanton 9. Commision 9” ‘ui, 427 Pn 76 a, cle Agr Conon 9 Ria ‘Gia. easy, Secemierg ‘Grade ‘ent tveranent Devckpnent Corereon ofthe hitpinee- Manalang Domgle, OF Ho 76883, Speier 1 ~ . 1 oy Scouts of he PLipions atonal Labor Relates (Commission, 8 No. A076, Apel 22,192122 PHILIPPINE ADMINST aii character, az when i decides (2 a, Judicial characte gr qaestions as an incident of ee emetic Palprine A Une, te. Cs Acronautis Board, 279 {Send 388, tee Hontvero Barge v To epulry Dos (Ot, 161299, Feo 20,2015. ‘397 somata2 ising in ihe ands of BEC THs itn, setng by Finch, adopted by Blacksione, ang Teh by every authority since (tate. Twig sere ler Coy, 98 Me 214, $6 A 763 [190g Yiaee MPMrancise, being merely a priaege Today sig rom the sovereign power of the stage aarmeg ite existence toa grant, is Subject iy a Jatin by the state ise by Vite of ts pe We ower through is admunistraive agencies” the Court is not unmindful that there is trend towarde delegating the legislative power to authorise {Geuperation of eerain public uilites to adminitre Re ences and diepensing withthe requirement of congressional franchise a8 in the Albano ease [Ale Banu © Reyes, 175 SCRA 264) which involved the provision of targo handling and port related serves Erte Manila International Por: Complex and the PAL ‘Gas involving the operation of domestic air transport ‘The rationale for this trend was explained in the PAL ae Philippine Aivines, Tne. v. Chil Aeronautics Board, 270 SCRA 538}, vi: *.. With the growing complexity of modern Iie, che multiplication of the subjects of govern- imental reglation, and the increased dificulty of ‘administering the Iaws, there is a, conetanthy Growing. tendency towards the delegation of (Beater powers by the legislature, anc towards the approval ofthe practice by the courts. (ax. (gosinan Transportation Co, Ine. v. The Public Servos Commission, G.R. No, 47065, June 28, 1940, 70 Phil. 221) Ie ie generally recognized ‘that a franchise may be derived indiretly frm the state through 1 duly designated agency, and to this exten, the power to grant franchises bas frequently been delegated, even to agencies other than thoge ofa legislative nature. (Dyer v. Tusk loosa Bridge Ca,-2 Port. 296, 27 Am. D. 658; Chnstian Todd Tel Co. ». Commonveatth. 161 ‘SW, 843, 156 Ky. 557, 37 C..S. 158) In purst lance ofthis, thas been held that privileges 8 {erred by grant by local authorities as agente er ‘the atate conatitute as much a legislative fra Powene oF Aoi jomsTearWE CRMs 43 hing a hgh the rat had en ade by an Sctihe Leite (Serer Wer ah and ‘Wis 297 ore tas 280 37 Cas isa) “te frdol tne pan et soni telat bein pe 2 Saeeee papticlcmmmarecuae oreataenearaes Sees Pianists iB mei de eee ie on ci rsh ei tink nae rans Som fin cee cmnemccrs Scenes Hpseeee ae one 3. Source “The power to promulgate administrative regula: tions is derived from the legislature, by virtue of « valid delegation. This may be either expressed or Implied although it is usually efected explicitly, through specific authorization. To be val, the delegation must not create what the United States ‘Supreme Court calls “a roving commission” but ‘should be “not canalized within banks that keep it from overflowing. ‘There must not be a total abdication of legisla- tive power to the delegate. To achieve this, the dele- gtion must be circumscribed by legislative restric- fons. Thus, a surrender of legislative power to the delogate is prevented. Gi seheeter Poultry Carp v.18, 298 SCRA 486,ampres ADMRMSTRATIS TAN that the Tesslatre 9 rive A a specific. formu St earner HON 2 the atte essence of the progat ou rit eancitn e fe to be more liberal in per re isnot nese fea i a Iau epochs" a tS ae ea fe Sk cc Se ari a Ss fed nan feral ch Seige at eet actin cere a ea Sa ae rhe cape ne Sevier connate 4, Tests of Delegation ‘The tests of a valid delegation of the power te promulgate administrative regulations, as well & & fegjslative power in general, are the completeness te and the sufficient standard test Ideally, the 1asy raust be complete in all ite tem and conditions when it leaves the legislature 09 tt ‘when it reaches the delegate, it will have nothing © do but to enforce it. If there are gaps in the law that will prevent its enforcement until they are first filet the delegate will have the opportunity to ‘omission through the exercise of the discretion " 7 Am. Jor 2a, See. 118. determine what the lav ehall be whieh, as eatlicr sere, io essentially and exchusively epialatve ‘To itustrate, in United Sates v. Ang Tang Hot the Governer-Oeneral wae authorized by statute to tes Cand promulgate, wlth the consent of tbe Couns Ua Gr state, temporary rules and emergency men- Ge for carrying owt the purposes of tie lav, SBreS ever for any cause, conditions arise reoulting, we etSaordinary rise in the price of palay, rice or te er parsuant to eaid authorization, the Governor incral issued regulations fixing ceiling prices for GSala cereals. The appellant, who was prosecuted Joe Glling said cereals et prices higher than the ceil iS ined by the Governor-General, challenged the sae onthe ground that ft constituted an invalid dele~ Shion of legislative power for failure to conform to fhe completeness test. The Supreme Court, in sus: {alning fis contention, declared: ‘very terms, the promulgation ef tempo- ran rales an mergen’y ensures fet the de ‘Bian‘of he Governor Gener. The egisacare doco ‘Bor underiake te speci or define under what cond ‘Sone er tor what reasois the Oovesror General sal [etue the proclamation, bo says ha spay Be ised {Er'tay'edoce and leaven the Quester of what Ban ‘use tothe cncreton ef une Governor-General. ThE guitare de cot sen define what san extrara Dbny dnrcase in the price 9 pala, x OF oer ce Teal That isis let che daegeton of he Gover ‘Sener Te iw doesnot specify or Gein wa sch {enporony and energenay mvarures shal rein i, (ene and eff or wen hey shel take eect Af ‘heer ev if ot moe Juagnent and isoration of Ee"Gacmor-Gunere: The lw 8 thus ineomplee legion”46 tar ut or 3 mt eel Sadi ae tho ane 6 under Ty embodied in the law itself ip dot smote ‘public welfare.” “The following illustration in Ynot v. Intermedia, “Appotlate Cource is enlightening, £6 Wit — ark on top ofall this, the question ae gt? SPER iapaston of the combined atl coaa proveibed in the questioned executive cr rare re gure the, sled. Peper oer LM girbuted to chacable inottatont as 0 rl Be teh Redon Meat Inspection Commis. Smaps im tne cae of carabee, and 6 oo ay see nrough dispersal as thé DiTetOr ‘ray ce fi on sute crab, ln prima oe Simos, ney aoe ian exter Se Ty atgerous condition, if condition tis I ETI Eh pers opportunites fr parity and Sms een corupion One searches in vain for Ro Gieal candard and the reasonable guidelines, or ‘ues sul the mations that said officer must ob- Sine wen they take Cir distibution, ‘There te fone, ‘Their options ae apparently boundless, Who Thal be ie rtunate beneficiaries of their generonty inl by whas rts shal they be choven? Only the titccrs namcd can supply the ancwer; they and they ‘Sone may chovst the grantee as they eee ft and 1 ‘Adeitionally,_ th ‘thority, announce the condition ‘The standard is 5) % Cras, Philippine Political Lam 1991 ed., p- 97. 2 People v. Roventhal, 68 Phil 228. 2% Cervantes v. Auditor Generel, 91 Phil. 359. 2 Calalangv. Wiliame, 70 Phil 726, 2 148 SCRA 650, ‘Powers oF AbINsrRATWE AcENCIES ” Seerowing in her," ceay potigne and Ure {ore trad tiegaton of epainie goe® For similer reasons, dhe Supreme Court likewise annulled as invalid delegations Section & of Presiden: ‘dal Decree No. 910 which authorized the Presicent to lise the funds subject of said law ‘for such other purposes as may be hereafter directed by the Presi- dent as it “does not lay down a sufficient standard to adequately determine the limits of the President's authority with respect to the purpose for which the Malampaya Funds may be used." as well as Section 12 of PD 1869, 28 amended by PD 1993, which au thorized him t6 use the Presidential Social Fund "to first, finance the priority infrastructure development projects and, second, to finance the restoration of damaged or destroyed facilities duc to calamities, as may be directed and authorized by the Office of te President of the Philippines," which the Court con- sidered as “carte blanche authority to use the same fund for any infrastructure project he may s0 deter mine a3 a ‘priority,’ ox, Verily, the law does not supply a definition ‘of ‘priority infrastructure devel- opment projects’ and hence, leaves the President ‘without any guideline to conetrue the same" It is eignificant that, in the case of Pelaes v. Auditor General,» the Supreme Court declared— aroun Ca gute to another ‘anc of tne Goversent ie pone of) dee fhe exccutien, enforcement or adainistratoa of «aw, {the eovental, forestall vlatan ofthe prince of “2 Belaica v. Executive Secreta ber 19, 2018. 3 18 SoRA 569, 1 GR. No, 208566, Harem48 = sation of powers, that sai 1 a) Be complet ig {aration of Pon orth therein the policy to be ag ac yu or npemente hy the delegate ue cari earth ite of whic ae ag a ome deterirable-10 Which the een ear i te pevtormance ois ane ea eg hou a satsory declaration of pa ee ee ape exsence of eer Law, and, wiou 1 ementoned standard, there would "beng Beer determine, itn reasonable certainty, ean he delegate fs acted within oF Beyond Ue Treiber Ids auton. Hence, he ould thereby aire aun himself the power, rot only to male te Eee Boe aoand thi fs worse—t0 unmale it by Spt mecoures inconsistent withthe end sgh do te mained by the Act of Congres, tus mulling the principe of eparation of powers and the syste GF Eee and balances, nds comrequenty, der ‘ting the very loundaton of ov Republican sytem, “sectin 68 of the Revised Adminitrative Cade docs not ment these wellseted requcements for @ mi delegation of the power & fe detalii the ene Freement of win Iedaes not encase exy poy to be cried out or implemented by the Prestent. Ne ther docs it qve a standard sufienty precise fo (ol eer eects shove refered to In every case of permissible delegation, there must be a showing that the delegation itself is valid. tis valid only ifthe law (a) is complete in itsel, set ting forth therein the policy to be executed, carnict out or implemented by the delegate; and (b) fires ¢ Standard—the limits of which are suffcientiy dete ‘inate or determinable—to which the delegate must conform in the performance of his functions. A sul: cient standard is one which defines legislative pole) marks its limits, maps out its boundaries and spe fies the public ‘agency to apply it, It indicates circumstances under which the legislative co is to be effected. Both tests are intended to prevent total transference of legislative authority to the de! PownRSorAoMMNSTRATNE AGENCE 49 ite, who ia not allowed to step into the shoes of the Sigtature and exercise a power essentially legisle- ‘the Quast Judicial Power ‘The quasi-judicial power has been defined as the power of the administrative authorities to make de- Poominations of facts in the performance oftheir ff- (eer duties and to apply the law as they construe it to the facts #0 found. The exercice ofthis power is only foeidental to their main function, which is the en~ forcement of the la. ‘The judicial process foouses on the question of aw, with the questions of fact being regarded as of Secontlary importance only. Moreover, in judicial Sroceedings, the executive acts last, afer judgment fa made and all legal questions are settled, whereas Ik the exercise of quasi-judicial power, the executive acta fret, with the courte acting Iter, whenever War- ‘ranted, to review its legal findings.°? ‘Even if not judges, administrative officers can interpret and apply the law to the facts as sscer- ‘tained by them because this function is necessary to the discharge of their primary function of regulation, However, a8 they are not judges, their determination fof legal questions is subject to review by the courte of justice, ‘To illustrate, the National Labor Relations Com mission of the Department of Labor and Employ: 1 Rbakada Guo Party Ust.rmit, 49 SCRA 2, Soe alto Souther Cross Cement corporation r, carent Mansiactrete [Asoition of the Philippines, 468 SCRA 833% Buren of Cat fom EmpleyeesAasocnton Teves, 661 SORA S82 i Dieknaon, AdmntraeSustice and the Supremacy of aw, 1927) peADMINISTRATIVE LAW 0 Peart nent may, ose ih he feamor obi ae ces i ten de ar SEEM ap Fe ery ie Fees Me ng he poeta ee gre bower cei fore sees a, evenly, by the Hea Sour nec rled though that “the revocation cca Etetes and poi se em cegintatin ot ene oworee of tie SECS a ie pac Ma arate power. A ag adil pow eae ica ales © tae en Jud fant fs publ adminll olin tio, aceon, sed to inveatgnte acs, or Beis, wa cof ict, hold earings acertsn he ett them, a8 a basis far th draw concusions eerie aecrtion of aj oficial actin ceion 19-1 of the SRC remit aan ee nearing before issuing a order due notes soe Se dace not perform such Feet esos and excise dicreuon of a jus indie fone cne of such reguletary power. a tics actus controversies snvotng Fc Tee ar iguly demandabie and enforces, wae cats paras ate and obligations in cases sgt Ratu. Ratner, when the SEC exec fe meldental power to conduct adnioratie hes ings and make decisions, it does so in the course | the eon of its regulatory and law enforce 3 Labor Code, Article 217 ena Staind Exchange Cominion , Uniean 9 el Property Helding, Ine, C.R. No. 181381, July 20, 2015: 1chas similarly been ruled thatthe licensing and regulatory powers of the Phulippine Amusement and rang Corporation er not quest jude a cars: On the other hand, the Supreme Court has con sidered 4 resolution of the Commission on Elections, Sich constitutes @ determination on its part of the TRente of a pre-proclamation case definitely as an Bieieae of sdjudientory powers, “Tae COMELEC GEhines and weighs the parties’ peces of evidence Glodvuis their respective arguments, and considers Gihotner, on the basis af the evidence thus far pre- ented, the case to have ment, Where ower rests in judgment or discretion, 20 that itis of Rodlial nature or character, but does not invlve the aaicine of functions of a judge, oF is conferred upon ‘Sh officer other than a judicial officer, itis deemed aquasicjudicial ">> In Qty Engineer of Baguio v. Boniqued? the St ipreme Cotrt pointed out that « city mayor has adi: Gicatory power. Thus — Tuer iso guneaying that ely mays int cacewie oficial nor ie be ater offing demol= ‘Cit notecs or rdere ots mitral one. Bot hen, Wtaet be denied ae well that io determing ‘treater or nota erctare i egal o & sould Be ‘Eemolshee, property igs ve ivived, they ‘eating motes And opportunity fo Be ear 95 Shaper ee to exerane quali Fomers, Moro, {aks Palippie Law Dcvorary. 9 ean, deine ‘Guta jdionl funeton as apiying tthe action, dts PAGCOR v Fontana, 0. No, 187972 ne 29,2010 2 Paninghugi COMELEC, GR. No, 178767, January 0, 2008. "GR No, 150270, November 26, 2008tn Tadtp v. Borres.” the Supreme Court conaig, cred to be part ofthe quast judicial system a pracet {ng lanyjer who vas also a provincial adjudicator yf ppublic officer tasked with the duty of deciding ene Micting claims ofthe parties 1. Souree ‘The quasi-judicial power is incidental to the power of regulation vested in the administrative bod, but is often expressly conferred by the legislature through specific provisions in the charter of the agency. The justification for the grant, as against the ‘contention that it violates the doctrine of separation ‘of powers, is that the power is needed to enable the administrative officers to perform their executive duties, It has been observed, possibly with a certain vwryness, that the use of the term “quasi-judicial” is ‘merely a convenient way of approving the exercise of Judicial power by an administrative officer.* The ‘quasi-judicial power of administrative bodies is often referred to as the power of adjudication. 2. Determinative Powers To better enable the administrative body to exc cise its quasi-judicial authority, itis also vested wit " aT4 SORA a, 242 Am, Jor, Public Administrative Law, Sec. 60. Powens OF Aoumsreamve AGENCIES 53, what are Known as determinative powers and func Professor Freund lasses them generally into the enabling powers and the directing powers. The latter inchides the dispensing, the examining ane the summary powers. ‘The enabling powers are those that pecmit the doing ofan act which the lew undertakes to regulate land ‘which would be unlawful without government fppeoval, The most common example isthe issuance of licenses to engage in a particular business oF oc- ‘cupation, lke the operation ef liquor stare or fea. ‘turant. Other illustrations are the power ef the Se- eunities and Exchange Commission to approve the ‘anicies of incorporation and by-laws of a corpora- tion, or of the Novle Television Review & Classica tion Board to allow the public exhibition of a movie, for of the fire or municipal authorities to permit the ‘ecupaney of & nemy-constncted building ‘The directing powers order the doing or perform ance of particular acts to eneure compliance with the lew and are often exercised for corrective purposes. ‘Thus, the Department of Environment and Natural Resources may require factories to ute certain chemicals to protect the environment. The Depart: ‘ment of Transportation and Communication may call fn common carriers to install specific safety devices te prevent accidents or specie! seats for the handi- ‘capped or disabled. The National Labor Relations ‘Commission may compel an employer to reinstate an ‘legally diemiosad employee and pay him damages ‘The dispensing power allows the administrative colficer to relax the general operation of a law or x fempt fom the performance of a general duty, 05 when s student ie excused from physical educationequiremento for health reasons, or when Setgemente rated by the zoning board train i am ven designated 28 COmIMeCKl or ing mln i ain caample in when persone of dean rial, note Peombat duty because of then a Stacy or ooospation Im Commission on Elections % Espatel© the pron oar sustained the authority ofthe Coes Boe Goioseo pence cumy oni cra 00 22 committed election offenses ut vlan to give information and testify on any violation of elas see tgan iW expaine! ths power inthis manner ‘the poner to grant excmplons Is vested sclety on the petiloner. This power is concomitant with i Sttrong. to enforce eiecuon law, investigate election Offenses ane prosecute those, committing the same. ‘The exercise of such power should not Be interfered sen he ed eoure Neither may the Gut inter {ere oti the pettioner’s exerciee of ie discretion In Genying or renting exemptions dader the in, unless She peiioner commute a grove abuse of discretion “Amountng to lack or exosoe of jureeiction ” ‘Summary powers are those involving the use by administrative authorities of force upon persons of things without the necessity of previous judicial war rant. Examples are the padiocking by the mayer Office of filthy restaurants or moviehouses exhibiting ‘obscene movies, the shooting down of a mad dogo the loose, the take-over by the Bangko Sentral 56 Pilipinas of mismanaged banks, and the confiscation by the customs authorities of articles which are > hibited per se. (Of special importance to the administ fs the exanining power, which enables it to in istrative boo 8417 SCRA 554. the records and premises, and investigate the activi Uleo, of persons or entities coming under te juntedic tion. The wil include, among ethers, tse following powers: 1) Issuance of subpoenas; 2) ewearing in of Rfinesses; 3) interrogation af witnesses; 4) calling for production of books, papere and records; 5) requiring rat booke, papers and records be made available for inepection; 6} inepection of premioes: 7) roquiring wweitten anowers te questionnaires; 8) requiring pert. fdic or special reports; and 9) requiring the Sling of Statements! Physical and medical examinations nay also be requited in certain cases. This same examining power likewise allows any administrative agencies to actually conduct hearings, issue writs of preliminary injunction and ‘even punish for contempt, in relation to its broad power of investigation or examination. This power also allows, among others, the De- partment of Labor and Employment’ Buea of Labor Standards to inspect factories to determine the own ‘ers! compliance or non-compliance with oovapational health and safety standards as provided for in the Labor Code, or the Secretary of Labor, oc his duly authorized representative, to inspect the premises, books of accounts and recorde of any pereon or entity Involved in recruitment, ao well ae to require the submission of reports regularly on prescribed forms"? Al this is justified by the understandable need of administrative agencies for information which musi be made available to them, subject to reason- “ar, ‘An Introduction to Adminitrative Lap. 18. jm Iy le ef Beck I of ths Onnibe Rules im te Arle 162 of te Laboe plementing the aber Code, sea Cece “Labor Gade, arte 37jable them to can able limitations, to en to ay ont Bake power of snvestization, Which 18 esgen Canty out their power to enforce the law. ©, Exercise of Powers ‘The duties of the administrative body are sally considered discretionary, espectally ag thee" Volve the interpretation or construction and eng nent of the law and the appreciation of factual tions that may be cubmitted to it for resolution such cases, the findings of the body are deferred to’ by the other departments except where they are arrived at with such obvious trariness as to constitute a violation of due process, ‘Some administrative duties are merely mini rial, however, which means that no judgment or cretion is required or allowed in their exercise. amples are the duty of a register of deeds to ann¢ a lien on a Torrens Certificate, of the Commis fon Elections to give due course to a certificate candidacy duly accomplished and seasonably fil and of the Commission on Audit to allow claims salaries under certain conditions. In any event, the jurisdiction and powers of ministrative agencies are limited to those expre: granted or necessarily implied from those granted the legislation creating such bodies.\7 ‘Seton v. Rodrigues ond Seton, 110 Phil. $48. 9 { Abcede ¥. Imperial, G.R_No.'1-1300, March 18, 108 Phil. 138; Ceralla v. COMBLEC, G.R. No. 205196, D ber 2, 2014 “ Riel v. Wright, 49 Phil. 195. “7 RCPLY. NTC, 215 SCRA 455, Chapter 4. ‘THE QUASI-LEGISLATIVE POWER IT HAS ALRBADY been remarked that the rule. malding power of the acminietrative body is intended to enable it to implement the policy of the law sna to provide for the more effective enforcement of its pro- Visions. Through the exercise ofthis power of subor- “dinate legislation, itis possible for the administrative body to transmit “the active power of the state from its source to the point of application,” tht i, apply the law and so fulfill the mandate of the legislature. Kinds of Administrative Regulations Administrative regulations and policies enacted by administrative bodies to interpret the law have the force of law and are entitled to great respect. How- fever, administrative agencies are not authorized to substitute their own judgment for any applicable lawr fo administrative regulation with the wisdom or pro- pelety of which they do not agree, atleast, not before ‘such law or regulation is set aside by the authorized, ‘agency of government as unconstitutional or Mega and void. " Bxo v, Commission on Audit, 296 SCRA 161murrne ADMINSTRATIE [AW amiteatverognacions are HNET interpre, tive or legislative? mpintaive sosuancee, may be dlstngiahay i atgee and SUBSTANCE: legs according t0 th gislative rule is in the matic: designed to implement’ (sae 3 i orene law which the sdmingt ro provide eosin charge of enforcing? eee cams ce celery cen rnin Se Be Sie ite pene we we es pair es rig Roar crc, pm Bln alo ae Si ee ura see ine pone Ameen uh Sot eg, ope Fin gen ri se Tne ans ee a oe a eae my dh instances, the administrative agency is merely anticl ee ee rag el oe Bes einai ten rn ie nce ba ee eae oe ee a Von Baur, Federal Administrative Law Vol, p. 487. 9 BPI Leasing Corporation v. Court of Appeais, 415 SC*4.% sting Mzans Oren Aascatin of Coc Trders le: Partinent of Finance Secretary, 238 SCRA 63, ' Commissioner of Internal Revenue v. Court of APP 261 SCRA 236. Tie Quas-tacstanve rowen 2 ie so it ot en ety eee ee aa oie Rie ee pe cogent om re tees erate inet the saci cota ete oir a bie eee eet te eae Rerpn & erca rptana rope eg a ag age a feces oUt aee een eer ee ee nal SD eerie hae oe eS ser ee, ct ay cance vari: ode, easile, S es eT Se See ere arate Sry era ee aero fori f the courts tht finally determine what the It ie an elementary rule in adminietrative law that administrative regulations and policies enacted by adminietrative bodies to interpret the law which they are entrusted tb enforce, have the force of law, fare entitled to great reepect,? and have in their favor ‘4 presumption of legality.» 1 Am. Jur 2a Sec. 9. «Versi, Ci Seige Commision, 211 SORA 426; Meterdies COMELEG, 319 SCRA 252, Ea Bugattiaen Mrbal Atsoston, Inc. v. Rass, 421 SORA 148 Sierra Made Trt v. Secretary of Agriculture and Natural ‘Resourses, 121 SORA 284; Aeunae Sugar Cental, Inc w Com fissloner of Customs, 29, SERA GIT; Antique SAM ne. v Zayeo, a al, 17 SCH 16. toe Eee Pie Veterans Mdmiisteaen 287 SRA60 we regulation is tne leila regulation ising wy ae asia ey Ha intended ty ate ing fore? and eilect of @ law enacted by gu eile tse ; arene excond type of adminis reg ion e the fous of concer inthis stage By contrast, segistative regulation is further classified ings the supplementary and the contingent. Sn ama wel eS een tee SN naan Se ie ewer et aias a For example, whereas the Labor Code speaks. merely of a “fee” that a recruiter may charge in ex Change for an offer or promise of employment, the iraplementing regulation of the Department of La and Employment includes in the term ‘fee’ the oo af medical and psychological examination, inocula tion certificate, passport, placement fees, and the like. To cite another example, the General Banking ‘Act, instead of directly laying down the rules in de tail, simply provides in Seetion 30 thereof that & ‘commercial bank may, subject to the conditions stated in the succeeding paragraphs, invest only in the equities of allied enterprises as may be deter mined by the Monetary Board. Allied enterprises ma) either be financial or non-financial, Except 0s th Monetary Board may otherwise prescribe, the tot % Labor Code, artice 32 16 RusG RAS Fes Implementing the Labor Code, Set! ‘Te Quest Leci.amve Pome e investment in equities of allied enterprises shall aot exceed thirty-five percent (35%) of the net worth of the bank; and the equty investment in any one en terprise shall not exceed twenty-five percent (259) of the total net worth of the bank. The acquisition of ‘such equity or equities is subject to the prior a proval of the Monetary Board which shall promulgate Appropriate guidelines to govern such investment” This authority is activated through the correspond- ing eupplementary regulation providing for the spe- cific rules to be observed in ascertaining the net ‘worth of banks. ‘The contingent regulation is go called because it 4s issued upon the happening of a certain contin: gency waich the administrative bedy is given. the ‘iseretion to determine or “to ascertain, under and pursuant to the law, some circumstances on which the law, by its own terms, makes ts own action de- pend, oF to find the facts or conditions properly pres- cribed under which a law os passed vill or wil not ‘operate, that i, for putting in effect, applying or suspending alaw."'2 In other words, administrative agencies are al- lowed to ascertain the existence of particular contin sgencies and on the basis thereof enforce or suspend the operation of @ Inw. Such contingent regulations hhave the force and elfect of law.!? ‘Thus, in Cruz v. Youngberg. the Supreme Court sustained a law prohibiting the importation of cattle, which had caused a rinderpest epidemic, but author izing the Governor-General to lit the prohibition with the consent of the presiding oicers ofthe legis 1273 CJS Public Administrative Bodies, Sex 31 "Grup, Pipe Pokal Law, 199,66. 96, “SE PhIL 298