by : ms. dhianne bebelone

7/29/2019 By : Ms. Dhianne Bebelone

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Power vs.

Function


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Function

that which one is

bound to dothat which it is ones

business to do


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Power the means bywhich a function

is fulfilled


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Sources of Power

1)Constitution2)Charter/ Statute


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Classification of Powers

AS TO NATURE

1) Quasi-Legislative Powers2) Quasi-Judicial Powers

3)Determinative Powers4)Investigatory Powers


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Classification of Powers

AS TO THE DEGREE OF

SUBJECTIVE CHOICE1) Discretionary Powers

2) Ministerial Powers


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Quasi-Legislative Powersthe authority delegated by the

law-making body to the

administrative body to adopt

rules and regulations

intended to carry out theprovisions of a law and

implement legislative policy


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Quasi-legislative power

vs. LEGISLATIVE power1. 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. QUASI-legislative power

CAN be delegated.


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It involves the power toascertain facts/conditionsthat makes the law operative


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Requisites of a Valid

Administrative Regulation1. 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.


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Requirement of Publication

Administrative Regulations thatMUST be published:

1. Administrative regulations ofGENERAL application.

2. Administrative regulations which

are PENAL in nature.

3. When the law specifically requires

notice and hearing


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Requirement of Publication

Administrative Regulations that DONOT NEED to be published:

1. INTERPRETATIVE regulations

2. INTERNAL RULES AND REGULATIONS

governing the personnel of the

administrative agency.

3. Letters of instruction issued by

administrative superiors concerning

guidelines to be followed by their

subordinates.


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Rule MakingPowers of thePresident

(Ordinance Power ofthe President)


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EXECUTIVE ORDERSacts of the President providingfor rules of a general or

permanent character in

implementation or execution

of constitutional or statutorypowers


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ADMINISTRATIVE ORDERSacts of the President whichrelate to particular aspects of

governmental operations in

pursuance of his duties as

administrative head


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PROCLAMATIONSacts of the President providing

fixing a date or declaring a

status or condition of a publicmoment or interest, upon the

existence of which theoperation of a specific law or

regulation is made to depend


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MEMORANDUM ORDERSacts of the President which

relate to matters of

administrative detail or ofsubordinate or temporary

interest which only concern aparticular officer or office of

the government


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MEMORANDUM CIRCULARS

acts of the President on mattersrelating to internal

administration, which thePresident desires to bring to the

attention of all or some of the

departments, agencies, bureaus,

or offices of the government, for

information or compliance


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GENERAL/SPECIAL ORDERSacts and commands of the

President in his capacity asCommander-in-Chief of

the Armed Forces of thePhilippines


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AdministrativeIssuances of

Secretaries and

Heads of Bureaus ,Offices or Agencies


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Administrative CIRCULARS

shall refer to issuances prescribingpolicies, rules and regulations,

and procedures promulgatedpursuant to law, applicable to

individuals and organizations

outside the government anddesigned to supplement

provisions of the law


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Administrative ORDERSshall refer to issuances directed to

particular offices, officials, or

employees, concerning specificmatters including assignments,

detail and transfer of personnel,for observance or compliance by

all concerned


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Significance of

AdministrativeRule-Making

Power


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Significance of Administrative

Rule-Making Power Regulation of highly complex

and changing conditions Gradual change in regulatory

role of Congress

Inability of legislative bodies to

anticipate future situations


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FACTS OF THE CASEProfessional Regulation Commission

(PRC) issued Resolution No. 105 as

part of its "Additional Instructions to

Examinees," to all those applying foradmission to take the licensure

examinations in accountancy. The

resolution embodied the followingpertinent provisions:


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FACTS OF THE CASE"No examinee shall attend any review class, briefing,

conference or the like conducted by, or shall receiveany hand-out, review material, or any tip from any

school, college or university, or any review center or

the like or any reviewer, lecturer, instructor official or

employee of any of the aforementioned or similar

institutions during the three days immediately

preceding every examination day including the

examination day.

"Any examinee violating this instruction shall be subject

to the sanctions prescribed by Sec. 8, Art. III of the

Rules and Regulations of the Commission."


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FACTS OF THE CASEOn October 16, 1986, herein petitioners, all

reviewees preparing to take the licensure

examinations in accountancy scheduled

on October 25 and November 2 of the

same year, filed with the Regional Trial

Court of Manila, Branch XXXII, a

complaint against respondent PRC to

restrain the latter from enforcing the

above-mentioned resolution and to

declare the same unconstitutional.


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Issue OF THE CASE

Is the questionedADMINISTRATIVE

RESOLUTION valid?

Is it reasonable?


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DECISION of the COURT

NO, the resolution isunreasonable .


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DECISION OF THE COURT

Indeed, the questioned resolutionwas adopted for a commendable

purpose which is "to preserve the

integrity and purity of thelicensure examinations."

However, its good aim cannot bea cloak to conceal its

constitutional infirmities.


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DECISION OF THE COURTOn its face, it can be readily seen that it is

unreasonable in that an examinee

cannot even attend any review class,

briefing, conference or the like, or receive

any hand-out, review material, or any

tip from any school, college or university,

or any review center or the like or any

reviewer, lecturer, instructor, official or

employee of any of the aforementioned

or similar institutions . . .


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DECISION OF THE COURTThe unreasonableness is more obvious in

that one who is caught committing the

prohibited acts even without any ill

motives will be barred from taking

future examinations conducted by the

respondent PRC. Furthermore, it is

inconceivable how the Commission can

manage to have a watchful eye on each

and every examinee during the three

days before the examination period.


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DECISION OF THE COURTIt is an axiom in administrative law that

administrative authorities should not act

arbitrarily and capriciously in the

issuance of rules and regulations. To be

valid, such rules and regulations must be

reasonable and fairly adapted to secure

the end in view.If shown to bear no

reasonable relation to the purposes for

which they are authorized to be issued,

then they must be held to be invalid.


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Investigatory Powers

power to inspect, secure, orrequire the disclosure of

information by means ofaccounts, records, reports,

statements and testimonyof witnesses.


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It consists in gathering,organizing, and analyzing

evidence, which is a useful aidor tool in administrative

agencys performance of itsrule making or quasi-judicial

functions


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Facts of the Case

A complaint was filed by the CIR againstCATURA and SALVADOR, officers of a

labor organization, charging them with

unauthorized disbursement of UNIONfunds and demanding from them a full

and detailed report of all financial

transactions of the UNION and to makebooks of accounts and other records open

to inspection by the members. However,

CATURA and SALVADOR refused.


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Issue of the Case

Does the Court of IndustrialRelations (now the NLRC)

have the POWER to exerciseits INVESTIGATORY powers

against a labor organization?


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Decision of the Court

The power to investigate, requiresan inquiry into existing facts and

conditions. The documentsrequired to be produced

constitutes evidence of the most

solid character as to whether ornot there was a failure to comply

with the mandates of the law.


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The authority conferred onadministrative agencies to

assure the effectiveadministration of a statute is

intended to protect the rightsof union members against its

officers.


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Quasi-Judicial Powers

the power of administrativeauthorities 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. It partakes of the judicial,but is exercised by a person other

than a judge


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it may include INVESTIGATORYPOWERS

Subpoenas

Power to Cite in Contempt

Warrants of Arrest

Administrative Searches

Imposition of Fines and Penalties


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power to inspect, secure, orrequire the disclosure of

information by means ofaccounts, records, reports,

statements and testimonyof witnesses.


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Power to issue SUBPOENA


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Power to issue SUBPOENA


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Power to CITE in CONTEMPT

Power to ISSUE


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Power to ISSUE

WARRANTS OF ARREST


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Administrative

Searches Imposition of Fines

and Penalties


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It can be either:

1. LEGISLATIVE If the rules/rates are meantto apply to all enterprises of a given

kind throughout the country, prior

notice and hearing is NOT required.2. 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.


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F cts of the C se


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Facts of the Case On October 10, 2003, MERALCO filed with the

ERC an Application for an increase in rates.

On October 29, 2003, petitioner Freedom

from Debt Coalition (FDC) filed an opposition

to MERALCOs Application

On November 27, 2003, respondent Energy

Regulatory Commission (ERC), provisionally

authorized respondent Manila ElectricCompany (MERALCO) to increase its rates by

an average amount of twelve centavos (P0.12)

per kilowatt hour.

Iss e of the Case


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Issue of the Case

May an administrativeagency, like the ERC,

grant provisionally, anincrease in the rates of

public utilities?



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YESThe ERC is endowed withthe statutory authority to

approve provisional rateadjustments under the aegis of

Sections 44 and 80 of the

Electric Power Industry

Reform Act of 2001 (EPIRA).



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Decision of the CourtThe principal powers of the ERB relative

to electric public utilities transferred to the

ERC are the following:

1. To regulate and fix the power rates to becharged by elective companies

2. To issue certificates of public convenience

for the operation of electric power utilities

3. To grant or approve provisional electric

rates.


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The action of an administrative

agency in granting or denying,

or in suspending or revoking a

license, permit, franchise, orcertificate of public

convenience is anADMINISTRATIVE

QUASI-JUDICIAL FUNCTION


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F f h C


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Facts of the Case

On March 21, 1980, at about 5:00o'clock in the afternoon, a joint team

composed of agents from the FDA and

narcotics agents from the PhilippineConstabulary conducted a "test buy"

at San Sebastian Drug Store and wassold 200 tablets of Valium, 10 mg.

worth P410.00 without a doctor's

prescription

F f h C


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Facts of the Case

On April 17, 1980, Mayor's PermitNo. 1954, effective April 18, 1980,

was revoked "for rampant

violation of R.A. 5921, otherwise

known as the Pharmacy Law and

R.A. 6425 or the Dangerous DrugsAct of 1972.

F f h C


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Facts of the Case

Acting on the same investigation reportof the "test-buy," and after hearing,

FDA Administrator Arsenio Regala,

on April 25, 1980, directed the closureof the drug store for three days and

its payment of a P100.00 fine forviolation of R.A. No. 3720.

ISSUE f h C


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ISSUE of the Case

Does the Food and DrugsAuthority (FDA) have the

power to revoke the licenseof the San Sebastian Drug

Store in its exercise ofadjudicatory powers?

D i i f h C


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YESThe power to approve a license

includes by implication, evenif not expressly granted, the

power to revoke it.

D i i f th C t


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The Food and DrugAdministration was created

under R.A. No. 3720 to insure

safe and good quality supply of

food, drug and cosmetics, and to

regulate the production, sale andtraffic of the same to protect the

health of the people.

D i i f th C t


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For a more effective exercise of thisfunction, the Department of Health issued

an order laying down the requirements for

the application to be filed with the FDAfor authorization to operate or establish a

drug establishment. The order provides

that upon approval of the application, theFDA shall issue to the owner or

administrator of the drug store or similar

establishment a "License to Operate."

D i i f th C t


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The power to approve a licenseincludes by implication, even if

not expressly granted, the power

to revoke it. By extension, the

power to revoke is limited by the

authority to grant the license,from which it is derived in the

first place.

D i i f th C t


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Thus, if the FDA grants a license uponits finding that the applicant drug

store has complied with the

requirements of the general laws andthe implementing administrative

rules and regulations, it is only for

their violation that the FDA may

revoke the said license.


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D t i ti P


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Determinative Powers

ENABLING powers DIRECTING powers

DISPENSING powers

SUMMARY powers

EQUITABLE powers

ENABLING


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ENABLING powers

Those that PERMIT the doing ofan act which the law undertakes

to regulate and would be

unlawful without government

approval.

Ex. Issuance of licenses to engage ina particular business

DIRECTING powers


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DIRECTING powers

Those that involve the corrective

powers of public utility commissions,

powers of assessment under the

revenue laws, reparations underpublic utility laws, and awards under

workmens compensation laws, and

powers of abstract determinationsuch as definition-valuation,

classification and fact finding

DISPENSING powers


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DISPENSING powers

Exemplified by the authority toexempt from or relax a general

prohibition, or authority to

relieve from an affirmative duty.

Its difference from licensing

power is that dispensing powersanctions a deviation from a

standard.

SUMMARY powers


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SUMMARY powers

Those that apply compulsion or force

against person or property to

effectuate a legal purpose without a

judicial warrant authorizing suchaction; usually without notice and

hearing.

Ex. Abatement of nuisance, summary

restraint, levy of property of

delinquent taxpayers

EQUITABLE powers


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EQUITABLE powers

Those that pertain to the powerto 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


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1) Discretionary Powers

2) Ministerial Powers

Discretionary Powers


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Discretionary Powers

the power or right conferredupon them by law to act

officially under thecircumstances, according to

the dictates of their ownjudgment/conscience

Ministerial Powers


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Ministerial Powers

nothing is left todiscretion; a duty

performed in response

to what has beenimposed by law

by : ms. dhianne bebelone

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