ADMINISTRATIVE
LAW
BPA 105
Lesson 2
POWERS OF ADMINISTRATIVE AGENCIES
Quasi-Legislative Power/ Power of
Subordinate Legislation
Quasi-Judicial Power/ Power of Adjudication
Determinative Powers
QUASI-LEGISLATIVE POWER
It is the authority delegated by the law-making body to the
administrative body to adopt rules and regulations intended to
carry out the provisions of a law and implement legislative policy.
It has been remarked that the rule-making power of the
administrative body is intended to enable it to implement the
policy of the law and to provide for more effective enforcement of
its provisions.
Through the exercise of this power of subordinate legislation, it is
possible for the administrative body to transmit the “active power
of the state from its source to the point of application,” that is,
apply the law and so fulfill the mandate of the legislature.
QUASI-LEGISLATIVE POWER
Examples:
a.) As mandated under R.A 7877, The Civil Service Commission is vested
with power to promulgate Rules and Regulations on cases in Sexual
Harassment in government agencies.
b.) As provided under Article IX-A Section 6 of the Constitutional
Commission, the COMELEC is vested with power to promulgate rules and
regulations on pleadings, practices and proceedings in any offices.
c.) The secretary of Finance in recommendation of the Commissioner of
Internal Revenue, may promulgate all the needed rules and regulations for
the effectivity of the provisions of the National Internal Revenue.
Differences between Legislative and Quasi-legislative power
Quasi-legislative
Legislative
Exercises its rule-making authority
Make laws, alter, repeal, amend the law
The quasi- legislative power only
Legislative power involves the
involves the discretion to determine
discretion to determine what the law
how the law shall be enforced
shall be
Quasi-legislative power can be
Legislative power cannot be delegated
delegated
Example:
Implementing Rules and Regulations of R.A. No. 10643 or “An Act to Effectively
Instill Health Consciousness Through Graphic Health Warnings on Tobacco Products”,
Otherwise Known as “the Graphic Health Warnings Law”.
The implementing agency here is the Department of Health (DOH) whose
responsibilities is to monitor and ensure compliance with such guidelines, templates,
and quality standards set out in these rules.
Test of Delegation
(Applies to the power to promulgate administrative regulations)
1. Completeness Test
This means that the law must be complete in all 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.
(United States vs Ang Tang Ho)
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 is to be implemented.
(Ynot vs Intermediate Appellate Court)
In every case permissible delegation, there must be a showing that
delegation itself is valid.
It is valid only if the law
a.) is complete in itself, setting forth therein the policy to be
executed, carried out or implemented by the delegate; and
b.)Fixes a standard- the limits of which are sufficiently determinate
or determinable – to which the delegate must conform in the performance
of his functions.
A sufficient standard is one which defines legislative policy, marks it
limits, maps out its boundaries and specifies the public agency to apply it.
It indicates the circumstances under which the legislative command is to
be effected.
Both tests are intended to prevent a total transference of legislative
authority to the delegate, who is not allowed to step into the shoes of the
legislature and exercise a power essentially legislative.
QUASI-JUDICIAL POWER
It is the power of administrative authorities to make determinations of
facts in the performance of their official duties and to apply the law as they
construe it to the facts so found. The exerciser of this power is only
incidental to the main function of administrative authorities, which is the
enforcement of the law.
Even if the administrative officers are not judges, they can interpret and
apply the law to the facts as ascertained by them because this functions is
necessary to the discharge of their primary function of regulation.
However, as they are not judges, their determination of legal questions is
subject to review by the courts of justice.
