DELEGATION OF LEGISLATIVE POWER TO

CHAPTER IV – QUASI-LEGISLATIVE POWER SC

SC to promulgate rules concerning the protection
Legislative power- the power to make, alter and and enforcement of constitutional rights,
repeal laws pleadings, practice and procedure in all courts, the
admission to the practice of law, the Integrated Bar
*Its essential feature is the determination of and legal assistance to the underprivileged
legislative policy and its formulation and
promulgation as a defined and binding rule of The rule-making power of SC as provided in Sec 5
conduct (5), Art. VII of Constitiion complemented Sec. 30,
Art. VI of Consti (re: no law passing the increase
DELEGATION OF LEGISLATIVE POWER TO of appelate jurisdiction of SC
THE PRESIDENT
The Constitution itself makes the delegation of DELEGATION TO THE LGUS
legislative power to the President, the SC abd the -see Sec. 48 of LGC of 1991 re: local legis power
LGUs exercised by
1) Sangguniang Panlalawigan – province
Delegation to the President is permitted in Sec. 23 2) S. Panlungsod -city
(2) – in times of warand 28 (2) - to fix tariff ratesm 3) S. Bayan – municipality
import abd export quotas of Art. VI of the 4) S. Brangay – barangay
Constitution
process of passing an ordinance
In Administrative Code of 1987, Pres has poweR to
issue: Sbarangay – majority of all members, review by S
1) Presidential Issuances – issued in the Panlungsod or Bayan, which shall take action
exercise of of his ordinance power; ie EO, within 30d
AO,memo these has force and effect of law Sbayan -same, review by municipal mayor, 10d to
2) Executive Orders – provides for rules of a act, 2/3 vote of all to override mayors', to be
general or permanent character in passed to S. Panlalawigan, act within 30d
implementation or execution of Spanlungsod – same + quoru, sub to city mayor
constitutional or statutory powers same as Sbayn
3) Administrative Orders – relates to particular Spanlalawigan-majority + quorum – gov 15d , 2/3
aspects of governmental operations in v
pursuance of his duty as administrative head
a. Proclamations – fixes the date or declares DELEGATION AS EXCEPTION TO
a statute or condition of public moment or RESTRICION THERON
interest What the doctrine of separation of power
b. Memorandum Orders – matters of precludes is the delegation of those powers which
administrative detail of or subordinate or are strictly or inherently and exclusively legislative
temporary interEst *the power to declare whether or not there shall be
c. MemorAndum CirculaRs- rElating on a law, to determine the general purposes or policy
inteRnal administration which the PrEs to be achieved by the law and to fix the limits
desirEs to bring to the attention of all or within which the law shall operate is a power
some of the depts for information or vested in the legislature and may not be delegated.
compliance *delegation of legislative power is the rule; its non
d. Genral or Specific Order – acts and delegation Is the exception
commands in capacity as Commander-in-
Chief of AFP Rule Making Power – means an agency process
for the formulation, amendment or repeal of a rule;
it refers to the power to issue rules and regulations
which result from delegated legislation in the admin
level'
*The grant of rule-making power is a relaxation of
the priniciple of separtion of pwers and is an
exception to the non-delegation of legislative
powers
Distinguised from admin function – Admin.
Functions are those which involve the regulation and
control over the conduct and affair of individuals for
their own welfare and promulgation of rules and
regulations; includes rule making power
Distinguished from quasi-judicial pwer
*distinction beng determined by the character of the
proceedings rather than the character of the body
conducting the proceedings
QL:operates in future; QJ: past transactionsand
circumstances
QL: generally; QJ-particularly
QL-implement purely administrative policies and
functions; QJ – determination of rights,privileges
and duties by an admin. Agency
1) where the question demands administrative
determination requiring special knowledge,
experience and services of the admin.
Tribunal;
2) question requires determination of
technical and intricate issues of fact; and
3) where uniformity of ruling is essential to
comply with the purposes of the regulatory
statute administered
*judicial process is suspended pending referral of
such issues to the administrative body for its
resoltuion
*In cases where the doctrine of primary
jurrisdiction is clearly applicable, the court cannot
arrogae unto itself the authority to resolve a
controversy which is initially lodged with an
admin body of specal competence
vs doctine of exhaustio administrative
eremedies
D of Primary Jur applies where a claim is
originally cognizable in courts, the judicial process
being suspended pending referral of certain issues
to the administrative agency for its view
-filed with the trial court, whch suspends the
proceedings until referral to the admin agency

D. of Exhaustion of Administrative Remedies –

where a claim is cognizable in the first instance by
CHAPTER VI the adminitrative agency ALONE, judicial
interference being withheld until the
DOCTRINES OF PRIMARY JURISDICTION administrative process has run its courtse and the
AND EXHAUSTION OF ADMINISTRATVE agency action is ripe for review
REMEDIES -it is invoked in R65 filed with CA

A. Primary Jurisdiction sample of D. of Primary J. : Sec. 7 RA 876 or

*if the question is such that its determination
requires the expertise, specialized skills and
knowledge of the proper administrative bodies
because technical matters or intricate questions of
facts are involved, then relief must first be obtained
in administrative proceeding before a remedy will be
supplied by the courts even though the matter is
within the proper jurisdictiion of a court
*this doctrine requires that a plainitff should first
seek relief in an administrative proceeding before he
seeks a remedy in court
*court will not entertain such cases that is within the
administrative tribunal:
Arbitration Law (re: stay of civil action)
*Note: it has been held that it is difficult to
determine whether a court is applyin ghe PR or EA
*non compliance with DPJ is not jurisdictional;
failure to timely object amounts to a waiver
thereof
Court proceedings shall be suspended
*one of purposes of DPJ is not only to give admin
agency the opportunity to decide the controversy
by itself but also to prevent unnecessary and
premature resort to the court
*judicial proceedings are not a continuation of
admin determination; nevertheless, resort to courts
cannot be foreclosed on the theory that the courts are
the guaranotrs of the legality of admin action
when doctrine does not apply:
*exception in EAR in one are applicable in the other
-where the admin agency has no juris
B. Doctrine of Exhaustion of Admin Remedies
GR: recourse through court action cannot prosper
until all the remedies have been exhausted at the
admin level
*The party aggrieved by a decision of an admin
official should first apply for review to highter
admin authority before seeking judicial relief;
otherwise his suit may be dismissed for prematurity
or lack of cause of action
*where the enabling statute indicates a procedure for
admin review, and provides a system of admin
appeal, or recon, the courts for reasons of law,
comity and convenience will not entertain a case
unless the available admin remedies have been
resorted
effect of failure to exhaust remedies
-does not affect the juris of the court
-ground for a motion to dismiss or is a defense
which may be raised in the answer; if not raised,
deemed waived
reason for the rule
-a sound practice and policy; assures an orderly
procedure wihich favors a preliminary shifting
process
-there are both legal and practical reasons
-to provide less expensive and more speedy
solutions to disputes
-to give admin agency the opportunity to act and
correct the errors committed in the admin forum
-principle of separation of pwers
*admin decisions are usually questined in the special
civil action of certiorari, prohibition and mandamus,
which are allowed only when there is no ther plain,
speedy and adequate remedy available to the
petitioner
exceptions the rule, gen
*PEAR is not an ironclad rule
-violation of due process
-issue involved is purely a legal question
-admin action is patently illegal amounting to lack
or excess of juris
-there is estoppel on the part of the admin agency
concerned
-there is irreparale injury
-respondent is a dept sec who acts as an alter ego
of the Pres
-to require to EAR would be unreasoble
-amounts to a nullification of a claim
-the subject matter is a private land in land cases or
proceedings
-the rule does not provide a plain speedy and
adequate remedy
-there are circumstances indicating urgency of
judicial intervention
-where no admin review is provided
-rule of qualified political agency applies
-the issues of non-exhaustion of adminremedies
has been rendered moot
-failure of a high governmental official from
whom relief is sought to act on the matter
*not applicable where public interest requires
immediate court resolution – PEAR may be
overlooked where public interest requires
immediate court resolution of the issue raised
Prof. Kenneth Cup Davis (admin law prof) – re:
ripeness concept – resolution of what could be a
debilitating uncertainty with the conceded ability
of the judiciary to work out a solution of the
problem posed is a potent argument for
maintaining the emphasis laid on its technical
aspect
*NA where admin act is a nullity- where acts of a
quasi-jud agency is patently illegal or issued
without jurisdiction or in excess of jurisdiction
*NA where admin remedy is not adequate -law is
silent as to the remedy of appeal from a decision of
a department secretary on a specific matter; where
the decision of the dept sec is executory after a
certain fixed period, the aggrieved party need not
exhaust admin remedy
*NA where judicial remedy relief is required to
prevent violence – agrieved party to seek
injunctive relief without awaiting the outcome of
the admin case; considerations of pyblic order
must transcend the admin issue of conflict of there is no law or regulation requiring that admin.
boundaries and only the courts have the weapon to Steps be taken against an admin action as
compel the parties temporarily to perpetually by condiction precedent to the filing of an action in
means of injunction court
*NA where agency acted with no jurisdiction - *NA where agency has no jurisdiction – sample
where the agency acted w/o juris or with grave private land, Bureau of Land has no juris
abuse of discretion in taking cognizance of a belated
appeal from decision of a lower level admin body
which had become final and thereafter reversing it
*NA where there is yet no admin order -if there is no
order, and at issue is won the investigation t be
conducted by an admin officer is within his
competence, then a suit for prohibition may lie
*NA where there is estoppel – there is estoppel on
the part of the party invoking the doctrine or on the
part of the admin agency concerned
*NA where ther is urgency or irreparable damage –
there is substantial contorversy between the parties
and the respondent is committing an act or
threatening the immediate commission of an act ;
where resort to ear will be fruitless and irreparable
damage or injury will cause petitioner arising from
the immediate implementation of the admin action
sought to be nulliefied
*NA where qualified political agency doctrine
applies - dept sec as alter egos of Pres and their acts
are presumed to be those of the latter, unless
disapproved or reprobated; assures speedy access to
the courts when most needed; no need to appeal the
decsion to the office of Pres; done only thru R65
*NA where issue is purely legal – whether the
abolition of a position is in accordance with law
(sample); issues of law cannot be resolved with
finality by the admin officer, only courts can
*NA where admin remedy is premissive – law is only
permissive, warranting the conclusion that the
legislature intended to allow the judicial remedy
even though admin remedy has not been exhausted
*NA where doctrine will result to nullificatio of
claim – where admin agency has no power to grant
the relief sought in civil action
*NA in quo warranto cases – when a public officer
is removed from office, he nned not await the final
outcome before filing a suit for quo warranto
because the one yr period to institute it in court is
not suspended; for public interest requires that the
right to a public office should be determined as
speedily as practicable
*NA where there is no law requiring remedies –