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Legislative PowerThe power to make, alter and repeal laws.

-Constitution: legislative power shall be vested inCongress consisting of the Senate and the Houseof Representatives, except to the extent reservedto the people by initiative and referendum.*Doctrine of Separation of Powers: prohibits thedelegation of purely legislative power. It operatesto maintain legislative powers to legislative

department, executive powers to executivedepartment, and those which are judicial incharacter to the judiciary. Through this allocationof powers, the person entrusted shall not bepermitted to encroach upon the power confided tothe others, but that each shall, by the law of itscreation, be limited to the exercise of the powersappropriate to its own department and no other.There must be independence and equity of theseveral departments. The separation of powershowever should not be interpreted as completeseparation and absolute exclusion. The doctrinecarries that although the three branches are notsubject to the control by either of the others and

each is supreme within its own sphere, they arestill equal and coordinate. Equal because they allderive their powers from the same commonsovereign through the constitution. Andcoordinate because they cannot simply ignore theacts done by other departments as nugatory andnot binding.

Non-delegation of legislative power:

Power conferred upon the legislature to makelaws cannot be delegated by that department toany other body or authority.

-Exemptions to Non-delegation of Powers:Delegation to the President (e.g. Sec. 23(2) warand 28 (2) tariff rates, Art. 4 of the Constitution. Delegation to the local governments (e.g. Sec.48, Local Government Code) Delegation to the people Delegation to the Supreme Court (e.g. Sec.5(5), Art. VIII, Constitution)Delegation to the Supreme Court (e.g. Sec. 5(5),Art. VIII, Constitution) Delegation to Administrative Agencies

Quasi-Legislative power the authority delegated by the law-making

body to the administrative body to adopt rulesand regulations intended to carry out theprovisions of a law and implement legislativepolicy. It has the force and the effect of law.

Legislation in Administrative Agencies:Subordinate Legislation

Through subordinate legislation, it is possible forthe administrative body to transmit the activepower of the state from its source to the point ofapplication, that is, apply the law and so fulfillthe mandate of the legislature.

How does subordinate legislation affectseparation of powers?

-While generally it is prohibited for one branch toact the task of the other, no one branch can standwithout the other.With the power of subordinate legislation, thelegislature grants authority to administrativeagencies to issue rules and regulations concerninghow the law entrusted to them for implementationmay be enforced and with the increasingcomplexity of the task of the government and thegrowth of society has ramified legislature withproblems they do not have time to attend totherefore delegation of powers has becomefrequent and necessary and has led to theobservation that the delegation of legislative

power has become the rule and its non-delegationthe exception.

Tests to know if purely legislative aredelegated: (What cannot be delegated)

power to make the law, or to determine whatthe law shall be

alter or repeal it

power to declare whether or not there shall bea law, determine the purpose to be achieved by

law

What can be delegated?-how the law shall be enforced-issue rules to fill in details-ascertain facts on which the law will operate-exercise police power-and fix rates

Tests to determine validity of delegation

Completeness TestThe law must be complete in all its items andconditions when it leaves the legislature such that

when it reaches delegate the only thing delegatewill do is to enforce it.>Statute may be complete when the subject, themanner and the extent of its operation are statedin it. A law is complete when it sets forth thereinthe policy to be executed, carried out orimplemented by the delegate.

Sufficient Standard TestIt lays down a sufficient standard when it providesadequate guidelines or limitations in the law tomap out the boundaries of the delegatesauthority and prevent the delegation from runningriot. To be sufficient, the standard must specifythe limits of the delegates authority announcethe legislative policy and identify the conditionsunder which it is to be implemented.

*Both tests must be done on a law. It cannot bethat only one test will be done.

Usual issues on validity of delegation.against delegating statute itself

Refers to the question as to whether or not therequisites of valid delegation are present: thecompleteness of statute making the delegationand the presence of a sufficient standard. Any ofthese requisites absent, the statute making thedelegation is unconstitutional.

.against exercise of delegated power

Refers to the question as to whether or not therule or regulation conforms with what the statuteprovides and whether it is reasonable. If the ruleexpands or restricts the statute or is unjust orunreasonable, the same is invalid.

3 Kinds of Administrative Regulations

Subordinate.supplementary, detailed, rule-making by reasonof particular delegation of authority-refers to the power to issue rules and regulationswhich have the force and effect of the law.Interpretative.rule-making power by construction andinterpretation of statute being administered-refers to the power of administrative agencies tointerpret and construe statutes entrusted to themfor implementation.

Interpretation is of three kinds:.interpretation as incident of execution of law.interpretation handed down by Secretary of

Justice upon request of a governmentagency/official

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.interpretation in adversary proceedings

Contingent.determination under which when shall statutetake effect, interprets the statute that is beingadministered, determination of facts underdelegated power as to which a statute shall gointo effect-refers to ascertainment of facts which will form

the basis for enforcement of a statute.

Requisites for validity of rules andregulationspromulgation must be authorized by legislaturemust be promulgated in accordance with theprescribed procedure*If pursuant to Subordinate Legislationmust be within the scope of authority given bylegislature*Must not be ultra vires= beyond the authorityconferred by lawmust be reasonable*Must not be arbitrary, must have reasonable

connection to the law

Executive Construction/Interpretations-The duty of enforcing the law which devolvesupon the executive branch of governmentnecessarilycalls for interpretation of itsambiguous provisions.

Construction by an executive or administrativeofficer directly called to implement the law.^may be expressed or implied.^express: interpretation embodied in circular,directive or regulation^implied: interpretation by usage or practice of a

statute.

Construction by the Secretary of Justice in hiscapacity as chief legal adviser of the Government^it is in the form of opinions issued upon requestof administrative or executive officials whoenforce the law. In the absence of judicial ruling,opinions of Secretary of Justice are generallycontrolling among administrative and executiveofficials of government.^However, the President or Executive Secretaryby authority of President has the power to modify,alter or reverse the construction of a statute givenby a department secretary, in exercise of

Presidents power of control over executivedepartments.

Construction by an executive officer exercisingquasi-judicial power in the form of a ruling in theinterpretation handed down in an adversaryproceeding^distinction between an interpretation by anexecutive officer charged with the enforcement ofa law and that handed down by an executive oradministrative official in an adversary proceeding^distinction is necessary because the position ofthe public officer , charged with the enforcementof a law, is different from the one who mustdecide a side which he represents, upon which liesresponsibility of decision

When is publication of rules necessary?

-administrative rules and regulations which aregeneral in character and which carry criminal orpenal sanctions.

When is publication of rules and regulationsnot necessary?

-when administrative rules and regulations areinterpretative and internal rules

When is notice and hearing in promulgationof rules and regulations required?

*The question as to whether the issuance of a ruleor order by an administrative body requires priornotice and hearing depends upon the nature ofthe power exercisedwhether it is quasi-judicialor quasi-legislative. Where the function ofadministrative agency is quasi-legislative, noticeand hearing is not required, however, where anorder applies to a name person, function involvedin adjudicatory and notice and hearing is required.Notice and hearing are not essential to the validityof administrative action where administrativebody acts in exercise of executive, administrative,or legislative functions since there is no

determination of past events or facts that have tobe established or ascertained but where theadmin. body acts in a judicial or quasi-judicialmatter and its acts are particular and immediaterather than general and prospective, personwhose rights or property may be affected byaction is entitled to notice and hearing.

Power to fix RatesLegislature usually delegates its rate fixing

power to administrative agencies for the latter tofix the rates which public utilities may charge thepublic. Administrative agencies perform thisfunction either by issuing rules and regulations in

the exercise of their quasi-legislative power or byissuing orders affecting a specified person in theexercise of its quasi judicial power.

Does fixing rates need notice and hearing?-only when administrative agency is quasi-judicialin nature.

*Penal Regulations-Power to punish and define a crime is purelylegislative and may not be delegated toadministrative agencies.-Can administrative agencies define penalties? No.

Special Requisites of a valid AdministrativeRegulation with a Penal Sanction:

-Law itself must make violation of theadministrative regulation punishable.-Law itself must impose and specifypenalty for violation of regulation.-Regulation must be published.

Administrative Law:Branch of modern law under which executivedepartment of the government, acting in a quasilegislative or quasi-judicial capacity, interfereswith the conduct of the individual for the purposeof promoting the well-being of the community.

Embraces all laws that control, or is intended

to control, administrative operations of thegovernment.

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This field of law is a recent development beingthe consequence of the ever increasingcomplexities of society and the proliferation ofproblems of government that cannot readily oreffectively be addressed by traditional publicagencies or solved by other disciplines of publiclaw.

Policy behind the creation of this branch of law:1987 Administrative Code of the PH

Object and Scope behind AdministrativeLaw:

-Regulation of Private Rights for public welfare.-Concerned with agencies exercising delegated powersand combined powers.

*Sources of Administrative Law

-Constitutional or statutory enactments creatingadministrative bodies-Decision of courts interpreting the charters of

administrative bodies and defining their powers,rights and effects of their regulations.-Rules and Regulations issued by administrativebodies in pursuance to the reason they werecreated.-Determination and orders of administrativebodies in settlement of controversies arising intheir respective fields.

Quasi Legislative vs. Quasi Judicial Power

Rules and regulations issued in the exercise ofrule making power is to implement its purelyadministrative policies and functions. Quasi-

legislative power is to make rules and regulationswhich results in delegated legislation that is withinthe confines of granting statute and doctrine ofnon-delegability and separability of powers whileQuasi Judicial is the power to hear and determinequestions of fact to which the legislative policy isto apply and decide in accordance with thestandards laid down by law itself in enforcing andadministering the same law.