Powers And Functions Of istrative Agencies 2d2j1e

Powers and Functions of istrative Agencies

Powers and functions of istrative agencies are interchangeable … –

meaning istrative powers can be executive, legislative, or judicial in nature. These agencies are vested with the responsibility to interpret guidelines consistently in order to avoid arbitrary and capricious results. istrative agency decisions can be reversed as arbitrary or capricious if the decisions lack fairness and if it fails to indicate any course of reasoning and the exercise of judgment.

The Legislature … 

is considered to be the main source of power of an istrative agency.



istrative agencies only carry the powers conferred upon them either by the statute or by the constitution.



istrative agencies derive their powers from their enabling legislation and it cannot exceed that power which is granted by the legislature.



However, istrative agencies do not carry any inherent, general or common law powers.

Generally…  most

of the istrative agencies have investigative, rulemaking, and determinative functions.

 Additionally,

some statutory schemes permits istrative enforcement, and some istrative agencies are given express authority to reconsider, amend, correct, or modify orders.

 An

istrative agency must act within its authority even if its action is determined to be legally incorrect at a later stage.

1. Powers and Functions, source… a)

The powers and functions of istrative agencies are defined in the constitutional provisions or in the legislative enactments, whether national, regional autonomous or local, creating them.

In the case of RI vs Santiago, a 1974 case, the Court held: 

Except for constitutional officials who can trace their competence to act to the fundamental law itself, a public official must locate in the statute relied upon a grant of power before he can exercise it. It need not be express. It may be implied from the wording of law. Absent such a requisite, however, no warrant exists for the assumption of authority. The act performed, if properly challenged, cannot meet the test of validity. It must be set aside.

In Villegas vs Subido, the Court held: 

“Nothing is better settled in the law than that a public official exercises power, not rights. The government itself is merely an agency through which the will of the state is expressed and enforced. Its officers therefore are likewise agents entrusted with the responsibility of discharging its functions. As such there is no presumption that they are empowered to act. There must be a delegation of such authority, either express or implied. In the absent of a valid grant, they are devoid of power. What they do suffers from a fatal infirmity. That principle cannot be sufficiently stressed.

b.) While it is fundamental rule that an istrative agency has only such powers as are expressly granted to it by law, it is likewise a settled rule that an istrative agency has also such powers as are necessarily implied in the exercise of its express powers.

In Laguna Lake Devt Authority vs CA, the court held that: 

The cease and desist order issued by the Laguna Lake Devt Authority (LLDA) requiring the City Government of Caloocan to stop dumping its garbage in the Camarin open dumpsite found by the LLDA to have been done in violation of RA No. 4840 (An ACT creating LLDA), as amended, and other relevant environmental laws, cannot be stamped as an unauthorized exercise by the LLDA of injunctive powers. By its express , RA no. 4840, as amended by PD 813 and EO 927 series of 1983, authorizes the LLDA to “make, alter or modify orders requiring the discontinuance of pollution. “ Section 4, par (d) explicitly authorizes the LLDA to make whatever order may be necessary in the exercise of its jurisdiction.



The court further ruled that assuming arguendo that the authority to issue a “cease and desist order” were not expressly conferred by law, there is jurisprudence enough to the effect that the rule granting such authority need not necessarily be express. While it is fundamental rule that an istrative agency has only such powers as are expressly granted to it by law, it is likewise a settled rule that an istrative agency has also such powers as are necessarily implied in the exercise of its express powers. In the exercise thereof, of its express powers under its charter, as a regulatory and quasi-judicial body with respect to pollution cases in the Laguna Lake region, the authority of the LLDA to issue a “cease and desist order” is, perforce implied. Otherwise, it may well be reduced to a “toothless” paper agency.

2. Effect of istrative Construction a) The

construction given to a statute by an istrative agency charged with the interpretation and application of that statute is entitled to great respect and should be accorded great weight by the courts.

In the case of Ting vs CA, the court ruled that: 

The construction given to a statute by an istrative agency charged with the interpretation and application of that statute is entitled to great respect and should be accorded great weight by the courts, unless such construction is clearly shown to be in sharp conflict with the governing statute or the Constitution and other laws.



The courts give much weight to contemporaneous construction because of the respect due the government agency or officials charged with the implementation of the law, their competence, expertness, experience and informed judgment, and the fact that they frequently are the drafters of the law they interpret.

b. The conclusive effect of istrative construction is not absolute.

- Actions of an istrative agency may be disturbed or set aside by the judicial department if there is an error of law, a grave abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment. In this regard, it must be stressed that the function of promulgating rules and regulations may be legitimately exercised only for the purpose of carrying the provisions of the law into effect. The power of istrative agencies is thus confined to implementing the law or putting it into effect. Corollary to this is that istrative regulations cannot extend the law and amend a legislative enactment, for settled is the rule that istrative regulations must be in harmony with the provisions of the law. And in case there is a discrepancy between the basic law and an implementing rule or regulation, it is the former that prevails.

Classification of Powers of istrative Agencies I.

As to the scope and extent of the power exercised. A.

REGULATORY POWER 1)

Power to conduct investigations: this power, including the power to carry out the provisions of law are essentially executive or istrative in nature. However, when it involves the exercise of judgement and discretion, it becomes an adjudicatory power.

2)

Quasi-legislative Power: this refers to the authority delegated by the law-making body to the istrative body to make rules and regulations which are within the limits of the powers granted to it, provided: a.

That said rules and regulations are consistent with the Constitution or a statute which created it.

b.

That said rules and regulations may not amend, alter, or limit the of a legislative enactment; and

c.

That said rules and regulations should be uniform in operation, reasonable, not unfair and not discriminatory.

This power is what is known as the power of subordinate legislation.

3. Quasi-Judicial Power: This is the power of istrative agencies to resolve questions of fact and questions of law involved in a case brought to their determination and adjudication, provided, that its determination on question of law is subject to judicial review. The exercise of this power is incidental to their main function which is to enforce the law and to enforce their executive duties.

II. As to kind of power exercised or chosen by istrative agencies relative to the problems referred to them. 

This power may either be discretionary of ministerial.

A.

DISCRETIONARY POWER. This is the power of istrative agencies to act officially on certain cases referred to them according to the dictates of their own judgment and conscience and not controlled by the judgment of conscience of others.

B. MINISTERIAL

POWER. It is a power exercised in response to a duty as imposed by law and its performance does not depend upon the discretion of the istrative agency involved or of the executive officers performing said power.

Investigatory Power 

In the exercise of its investigatory or inquisitorial power, istrative agencies have the power to do any of the following:

1.

They may conduct an investigation, on its own initiative or on the request or complaint of a party concerned;

2.

They may conduct ocular inspection of the place, things, books, records or documents in question, to find out if there is a violation of the law;

Definition of “Quasi-legislative power”  It

is the authority delegated by the lawmaking body to the istrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy.

Distinctions between Quasilegislative power and legislative power 1.

LEGISLATIVE power involves the discretion to determine what the law shall be.  QUASI-legislative power only involves the discretion to determine how the law shall be enforced.

2.

LEGISLATIVE power CANNOT be delegated.  QUASIlegislative power CAN be delegated.

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



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



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

Quasi-Legislative Power 

Exercise of delegated legislative power



Involves no discretion as to what the law shall be



Fix the details in the execution or enforcement of a policy



Rules and regulations issued by istrative authorities pursuant to powers delegated to them have the force and effect of law o They are binding on all persons subject to them

o Courts will take judicial notice 

Letters of Instructions and Eos are presidential issuances; one may repeal or alter, modify or amend the other, depending on which comes later.



The function of promulgating rules and regulations may be legitimately exercised only for the purpose of carrying out the provisions of the law into effect.



istrative regulations cannot extend the law or amend a legislative enactment.



istrative regulations must be in harmony with the provisions of law.



It must not override, but must remain consistent with the law they seek to apply and implement.



istrative agency has no discretion whether or not to implement a law. Its duty is to enforce the law.



istrative order is an ordinance issued by the President which relates to specific aspects in the istrative operation of Government.

Rule – Making Powers 

The istrative Code of 1987 provides: “Rule” means any agency statement of general applicability that implements or interprets a law, fixes and describes the procedures in, or practice requirements of, an agency, including its regulations. The term includes memoranda or statements concerning the internal istration or management of an agency not affecting the rights of, or procedure available to the public. “Rule Making” means an agency process for the formulation, amendment, or repeal of a rule. (Section 2, Chapter 1, Book VIII [istrative Procedure])

What specifically is the power of an istrative agency when it exercises Quasi-Legislative Power?

 It

merely exercises the power of subordinate legislation which means that it can promulgate rules and regulations intended to carry out the provisions of the law and implement legislative policy.

In the course of exercising said function, and istrative agency is vested with different powers and functions, to wit:

1.

ENABLING POWER – they are those powers that enable an istrative agency to do an act which the law precisely entrust to it. Example:

a)

The Land Transportation Office (LTO) is the one entrusted with the function of ing all motor vehicles including driver’s license.

b)

The Housing and Land Use Regulatory Board (HLURB) is the one entrusted with the function of approving application of subdivision developers.

c)

The Commission on Higher Education (CHED) is the one entrusted with the function of issuing accreditation of colleges in the Philippines.

2. SUMMARY POWERS – they are those powers exercised by istrative authorities to perform coercive (strong and powerful) measures upon persons or things without the need of securing judicial warrant. Example: a)

An order issued by the Bureau of Immigration and Deportation not to allow a Fil-Am player from playing in the PBA on the ground of citizenship.

b)

The forcible evacuation of people for residing within the 6 km radius of Mayon Volcano to avoid loss of lives and properties.

3. EXAMINING POWERS – this is the power of an istrative agency to examine and inspect books, papers, and records to investigate the activities of persons under each jurisdiction. Example: a)

The Bureau of Internal Revenue (BIR) can lawfully examine the financial statements and books of s of persons and companies.

b)

The Bureau of Immigration and Deportation (BID) can examine the citizenship papers of any Fil-Am player whose citizenship is under question.

c)

The Bureau of Labor Standards (BLS) can inspect business establishments to determine whether they comply or not with occupational health and safety standards as provided for by the Labor Core of the Philippines.

4. DISPENSING POWER – this is the power of an istrative officer to grant exemption from the performance of a general duty. Example: a)

The Bureau of Internal Revenue (BIR) can exempt some business establishments from compliance with some laws or rules which are entrusted to it for enforcement.

b)

The Movie and Television Review and Classification Board (MTRCB) can grant exemption or relax rule or rules regarding the showing of a film.