1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASIlegislative power only involves the discretion to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated.
delegated.
1. 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.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the
limits of the delegates authority, announce the legislative policy and specify the conditions
under which it is to be implemented.
1.ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and would be
unlawful without government approval.
Ex. Issuance of licenses to engage in a particular business.
2.DIRECTING powers
Those that involve the corrective powers of public utility commissions, powers of assessment
under the revenue laws, reparations under public utility laws, and awards under workmens
compensation laws, and powers of abstract determination such as definition-valuation,
classification and fact finding
3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or authority to
relieve from an affirmative duty. Its difference from licensing power is that dispensing power
sanctions a deviation from a standard.
4. SUMMARY powers
Those that apply compulsion or force against person or property to effectuate a legal purpose
without a judicial warrant to authorize such action. Usually without notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers
5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of facts. It refers to
the right to, and must, consider and make proper application of the rules of equity.
Ex. Power to appoint a receiver, power to issue injunctions
DISTINCTIONS
LEGISLATIVE
INTERPRETATIVE
Judicial
agency is acting in
2. What administrative agency
is doing
means
upon
effect.
going much
Such
respect
but
not
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.
No prior notice and hearing is required.
3. QUASI-JUDICIAL
If the rules and rates imposed apply exclusively to a particular party, based upon a finding of
fact. Prior notice and hearing is required.
Requirement of Publication
1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the administrative agency.
1. The law itself must make violation of the administrative regulation punishable.
2. The law itself must impose and specify the penalty for the violation of the regulation.
3. The regulation must be published.
2. Question of LAW
Administrative decision may be appealed to the courts independently of legislative permission.
It may be appealed even against legislative prohibition because the judiciary cannot be
deprived of its inherent power to review all decisions on questions of law.
Courts are reluctant to interfere with action of an administrative agency prior to its completion
or finality, the reason being that absent a final order or decision, power has not been fully and
finally exercised, and there can usually be no irreparable harm.
EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo
pending further action by the administrative agency; Essential to the protection of the rights
asserted from the injury threatened; Officer assumes to act in violation of the Constitution and
other laws; Order not reviewable in any other way; Order made in excess of power
1. This doctrine states that courts cannot or will not determine a controversy which requires
the expertise, specialized skills and knowledge of the proper administrative bodies
because technical matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative proceeding before a remedy will be
supplied by the court even though the matter is within the proper jurisdiction of a court.
When a claim originally cognizable in the courts involves issues which, under a regulatory
scheme are within the special competence of an administrative agency, judicial proceedings
will be suspended pending the referral of these issues to the administrative body for its view.
Note:
The doctrines of primary jurisdiction and prior resort have been considered to be
interchangeable.
1. Under this doctrine, an administrative decision must first be appealed to the administrative
superiors up to the highest level before it may be elevated to a court of justice for review.
3. Exceptions
j.