Administrative Law: Agency Powers

• Administrative Law Part 4a discusses administrative agencies’ powers in general
• Topic for BA Political Science III, University of Northern Philippines

Power

• It signifies a means by which a function is fulfilled

Function

• Refers to what one is bound to do or what one's business entails

Sources of Powers of Admin Agencies

• Administrative agencies’ powers do not always originate from a single origin
• Powers come from statutes under which they claim to act, outside instances where agencies are created by the Constitution
• Failure to exercise afforded powers does not lead to their forfeiture or extinguishment

Scope of Powers of Admin Agencies

• Express and Implied Powers exist

Express and Implied Powers

• Administrative agencies possess powers expressly granted by law

• Agencies also possess powers necessarily implied when exercising their express one

• Laguna Lake Development Authority vs. CA, 231 SCRA 292 (1994) states that in cases of pollution, a regulatory body can issue an ex parte order when preliminary evidence shows an establishment exceeds allowable standards

• This is with respect to its express powers under its charter

• Taule vs. Santos, 200 SCRA 512 (1991) states that the Secretary of Interior and Local Government cannot assume jurisdiction over an election protest involving officers of the Katipunan ng mga Barangay or pass upon the validity of their election

• This is because neither a statutory nor constitutional provision gives them such power

Scope of Powers of Admin Agencies

• Quasi-Judicial Powers

Quasi-Judicial Powers

• Agencies lack quasi-judicial powers if not expressly empowered; authority depends on the statute

• Agencies are presumed to perform official functions regularly, including quasi-judicial duties

• Cases for Recitation:

  • Makati Stock Exchange, Inc. vs. Securities and Exchange Commission, G.R. No. L-23004, 30 June 1965. Does the SEC have the authority to promulgate the rule in question?
  • Radio Communications of the Phil., Inc. vs. Board of Communications, G.R. No. L-43653, 29 November 1977. Does the BOC have jurisdiction over cases involving complaints for injury caused by failure of RCPI to transmit telegrams and impose fines for such failure?
  • Matienzo vs. Abellera, G.R. No. L-45839, 1 June 1988. Does the BOT have the power, at the time the petitions were filed, to legitimize clandestine operations?

Nature of Powers of Admin Agencies

• Limited jurisdiction

• Jurisdiction of administrative officers and agencies is special and limited

• Power and authority are specifically conferred by the Constitution or enabling statutes

• Broad powers within their jurisdiction

• Administrative powers must align with duties and intended legal outcomes

• Powers that administrative bodies possess is broadly plenary; interference by a court can only occur when the authority has been manifestly abused

• Powers subject to the Constitution, applicable law, or administrative regulation

• Government agencies must respect the presumed constitutionality and legality of statutes/regulations. Changes occur only through repeal, amendment, courts, or the Supreme Court

• Agencies cannot substitute their judgment for applicable law or regulation, until such law or regulation is properly set aside

• Vda. de Herrera vs. Bernardo, G.R. No. 170251, 1 June 2011 asks whether the COSLAP can decide on questions of ownership

Classification of the Powers of Admin Agencies

• Classification by nature:

  • Investigatory Powers
  • Quasi-legislative Powers (Rule-making Powers)
  • Quasi-Judicial Powers (Adjudicatory Powers)

• Classification by the degree of subjective choice: -Discretionary Powers -Ministerial Powers

Discretionary Power

• The essence of discretionary power allows the person/s to decide which course to follow

Discretion

• Applied to public functionaries, it means the legal authority to act officially under circumstances by judgement or conscience, without control by other's judgement or conscience

"Ministerial Power"

• Or “Ministerial Duty” is where nothing is left to discretion; it's a definite simple duty arising under fixed conditions and imposed by law

"Ministerial Act"

• Performing a mandated duty required at a specific time, manner, or conditions, not based upon officer’s judgment or discretion