1

Module 5

Administrative Bodies (ABs)

Nature:

 Sometimes referred to also as an agency, which is a government authority other

than a court and a legislature, which functions primarily as an executive body,
but nevertheless exercises a certain form of legislative and judicial powers

 As a government unit, it is authorized by law to make rules, issue licenses, grant

rights or privileges, and adjudicates cases. Other officials of agencies also
exercise disciplinary powers as provided by law.
 Administrative agencies are created to protect a public interest rather than to
vindicate private rights.
 Government Corporations are also ABs with respect to functions regulating
private right, privileges, occupation or business (like PAGCOR on the gaming
regulations and license it grants).
 Research institutions with respect to licensing functions, like the: Philippine
Nuclear Research Institute, the Research Institute for Tropical Medicine (RITM)
among other agencies
Reference: (Book VII, Administrative Code of the Phil.)

Hence, An administrative body is a government organ that is neither a court nor a

legislative body which affects the rights of parties either through its rule-making or
quasi-judicial powers. They are created either by the Constitution, law or by authority of
law. Even though an administrative agency conducts hearings and settles
controversies, its function is primarily regulatory since these hearings are part of its
regulatory duty. The rule-making power is administrative if it sets down the details for
the enforcement of law and doesn't have the discretion to determine what the law says.
 2

Module 5

Agency Powers and the Constitution „

Under the “delegation doctrine” Congress has the power to establish agencies that can create
rules for implementing those laws (Article 1). „ Administrative agencies exercise powers normally
divided among the three branches of the government namely:

 enforcement (execution) of the rules

 rulemaking
 adjudication.

Powers: From its nature in the above discussion, ABs perform the following:

1. QUASI-LEGISLATIVE (rule-making thru the making of IRR’s or Implementing Rules & Regulations)
 IRR’s must not go beyond the law that it seeks to implement
 In case of conflict between the law and the IRR , the former prevails
 Power of subordinate legislation

Tests of Delegation (applies to the power to promulgate administrative regulations )

a. COMPLETENESS test. This means that the law must be complete in all its terms
and conditions when it leaves the legislature so that when it reaches the delegate, it will
have nothing to do but to enforce it.

b. SUFFICIENT STANDARD test. The law must offer a sufficient standard to

specify the limits of the delegate’s authority, announce the legislative policy and specify
the conditions under which it is to be implemented.

2. QUASI-JUDICIAL POWER (adjudicatory power or to settle disputes)

 Fundamentals of fair play must be observed
 These are General Principles in the exercise of this power
A. administrative bodies do not have inherent power to require attendance of witnesses.
If witnesses refuse to appear, the compulsion for their appearance can only be done
thru judicial process
B. In the absence of any provision of law, administrative bodies do not have the power
to punish contempt.
C. Administrative due process must always be observed as first laid down in the Ang
Tibay vs CIR case; and the following are the CARDINAL RIGHTS in Adm.
Proceedings:

1. The right to a hearing, which includes the right to present one’s case & submit
evidence in support thereof
2. The tribunal must consider the evidence presented
3. The decision must have something to support itself
 3

Module 5

4. The evidence must be substantial

5. The decision must be rendered on the evidence presented in the hearing, or at least
contained in the record and disclosed to the affected parties
6. The tribunal must act on its own independent consideration of the law & facts of the
controversy
7. The tribunal shall render its decision in such a manner that the parties to the
proceedings can determine the various issues involved
 Instances where notice & hearing are not required
 Restraint of property of delinquent taxpayers
 Removal of an acting employee
 Cancellation of a passport
 Suspension of officers or employees pending an investigation
 Getting preliminary attachment ex parte

 GENERAL RULES
1. Evidence required in administrative proceedings must be substantial
2. Delegation of authority to receive evidence in administrative proceedings is allowed.
Subordinates can investigate & report facts; decisions & judgment are finally
exercised by the officer who is authorized by the law.
3. Decision - decision with nothing to support is a nullity

4. Default – a party may be declared in default if he refuses to appear in an

administrative investigation; and the investigation may proceed without his
presence
5. Time frame – in rendering adm. decision may be fixed by a statute

6. Relief – can be resorted to by asking for a REVIEW of the same by the superior
authorities or bodies; BEFORE GOING TO THE COURT under the DOCTRINE OF
EXHAUSTION OF ADMINISTRATIVE REMEDIES (DEAR)

3. INVESTIGATORY AND INQUISITORIAL POWERS

 To inspect, secure, require the disclosure of information by means of account records
 Conferred to all boards & commissions as adjunct/attach to their regulatory powers
 Issuance of subpoena, swearing in of the witnesses, inspecting premises, requiring
reports, etc
 Limits on Administrative Investigations Limits on administrative investigations include the
following: „ The investigation must have a legitimate purpose. „ The information being
sought must be relevant. „ The demand for testimony or documents must be specified. „
The burden of the demand is on the party from whom the information is sought.

4. DETERMINATIVE POWERS
 Enabling powers: like granting of licenses in particular businesses
 Directing powers: BIR’s assessment of charges; NLRC’s granting/fixing of rewards&
backwages
 4

Module 5

 Dispensing powers: granting of exemptions; relaxing of a general prohibition

 Examining powers: production of books of accounts/records for inspection
 Summary powers: power to apply compulsion of force against a person or property to
effectuate a legal purpose without a judicial warrant to authorize such action

5. DISCRETIONARY & MINISTERIAL POWER

 Discretionary power: needs the exercise of judgment, opinion of the concerned officer
 Ministerial power: does not need the judgment of the person/officer/employee;
merely procedural - it is incumbent or a MUST on his part to do so since its part of the
job description

_________________________________________________________________________________

Kinds of Administrative Regulations

DISTINCTIONS LEGISLATIVE INTERPRETATIVE

1. Capacity that Legislative Judicial
administrative agency is
acting in
2. What administrative It supplements the statute by filling It says what the statute means
agency is doing in the details
3. Force and effect Legislative regulations have the Merely persuasive/Received by
force and effect of law immediately the courts with much respect
upon going into effect. Such is but not accorded with finality
accorded by the courts or by
express provision of statute.

Requisites of a Valid Administrative Regulation

1. Its promulgation must be authorized by the legislature.

2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure.
4. It must be reasonable
 5

Module 5

References:

Executive Order No. 292, Administrative Code of the Philippines.

Presidential Decree No. 807, Civil Service Law of the Philippines.

Supreme Courts Reports Annotated (SCRA)