ADMINISTRATIVE LAW That branch of modern law under which the executive department of the Government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purposes of promoting the well-being of the community, (as under laws regulating public interest, professions, trades and callings, rates and prices, laws for the protection of public health and safety and the promotion of public convenience).A. Introductiona. Concept of Administrative Law Administrative law belongs to the field of public law, a branch of law, which regulates the relations of the state with its subjects. Public law on the other hand concerns itself with rights of the State as an entity representing the organized communityand the regulations of the individual members of such societarian organization to it. Private law on the other hand, are rules which regulate the relations of individuals with one another without regard tot their relation to their governmentb. Scope of Administrative Law(1) the law which FIXES the administrative organization and structure of the government;(2) the law, the EXECUTION or enforcement of which is entrusted to administrative authorities;(3) the law which GOVERNS public officers including their competence (to act), rights, duties, liabilities, election, etc.;(4) the law which CREATES administrative agencies, DEFINES their powers and functions, PRESCRIBES their procedures, including the adjudication or settlement by them of contested matters involving private interests;(5) the law which provides the REMEDIES, administrative or judicial, available to those aggrieved by administrative actions or decisions;(6) the law which GOVERNS JUDICIAL REVIEW of, or relief against,1administrative actions or decisions;(7) the rules, regulations, orders and decisions(including presidential proclamations) made by administrative authorities dealing with the INTERPRETATION and enforcement of the laws entrusted to their administration; and (8) the body of judicial decisions and doctrines dealing with any of the above.c. Administrative Law v International LawAdministrative Law International Law- lays down rules which shall guide the officers of the administration in their actions as agents of the government.- cannot be regarded as binding upon the officers of any government considered in their relation to their own government except insofar as it has been adopted into the administrative law of the state.d. Administrative Law v Criminal LawAdministrative Law Criminal Law- gives a penal sanction for the enforcementof a rule of administrative law- consist of a body of penal sanctions, which are applied to all branches of law, including administrative lawe. Administrative Law v Constitutional LawAdministrative Law Constitutional Law-gives and carries out this plan in its minutest details- prescribes a general plan or framework ofgovernmental organization-treats the individual from the standpoint ofthe powers of the government- EMPHASIZES the powers of governmentand duties of the citizens- treats the rights of the individual- STRESSES upon the rights of an individual- indicates to individuals, remedies for the violation of their rights- prescribes limitations on the powers of the government to protect the rights of individuals against abuse in their exercise2f. Administrative Law v Law of Public Administrationg. Administrative Law h. Law of Public Administrationi. - the subject matter od Administrative law is PUBLIC ADMINISTRATIONj. - the practical management and direction of the various organs of the state and the execution of state policies by the executive and administrative officersk.l. Principal Subdivisions of Administrative Lawi. Law of Internal Administration considers the legal aspects of public administrationm.i. Law of External Administration considers the legal relations between administrative authorities and private interestsn. Divided in four parts: (SARS)o.a. Survey survey of the powers and duties of administrative authorities thatrelate directly to private interestp.a. Analysis analysis of the scope and limits of such powersq.a. Sanctions account the sanctions attached to, or the means of enforcing, official determinations; andr.a. Remedies examination of the remedies against official actions.t. Origin and Development of Administrative Lawu.i. Christian General Assembly Inc. V Ignacio 567 S 266 (2009)v.w. Issue: Whether or not HLURB has exclusive jurisdiction over action for rescission and damagesx.y. Held: Court held that though PD No. 957 granted NHA the exclusive jurisdiction to regulate real estate trade and business, such power was expanded through the creation of PD 1344, which now replaced NHA with HLURB, which now has the jurisdiction over the said case.z.B. NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIESa.b. Creation, Reorganization and abolition of administrative agenciesc.i. Cebu United Enterprises v Gallofin 106 Phil 491 (1959)d.e. Issue: Whether the authority of the defunct Import Control Commission affect the validity of the license issued by them?f.g. Held: In the case at bar, though the ICC have already been abolished, the court held that the duly executed acts can have a lifespan of said governmental agencies.h.i.ii. Crisostomo v CA 258 S 134 (1996)i.j. Issue: Whether or not the suspended president of PCC may be re-appointed again as the president of PUP, which is the new PCC.k. Whether the conversion of PCC to PUP abolished PCC. l. Held: The court held thatP.D. No. 1341 did not abolish, but only changed, theformer Philippine College of Commerce into what is now the Polytechnic University ofthe Philippines, in the same way that earlier in 1952, R.A. No. 778 had converted whatwas then the Philippine School of Commerce into the Philippine College ofCommerce.What took place was a change in academic status of the educationalinstitution, not in its corporate life.Hence the change in its name, the expansion of itscurricular offerings, and the changes in its structure and organization.m. As petitioner correctly points out, whenthe purpose is to abolishadepartment or anofficeor anorganizationandtoreplaceit withanother one, thelawmaking authority says so.n. However, there-appointment of thedefunct former president of PCCcould not no longer be applied, because upon the promulgation of PD 1437, the term oftheofficeof presidents of stateuniversities andcollages was fixedto6years andrenewablefor another sixyears, andauthorizingthePresident of thePhilippines toterminate the terms of incumbents who were not re-appointed.o.i. Viola v Alunan III 277 S 409 (1997)p.q. Issue: Whether the Revised Implementing rules and guidelines for the General Elections of the Liga ng mga Barangay Officers so far as they provide for the election of first, second and third vice-presidents and for auditors for the National Liga ng mga Barangay and its chapters are validr.s. Held:hile the board of directors of a local chapter can create additionalpositions to provide for the needs of the chapter, the board of directors of the NationalLiga must be deemed to have the power to create additional positions not only for itsmanagement but also for that of all the chapters at the municipal, city, provincial andmetropolitanpolitical subdivisionlevels.Otherwise the National Liga wouldbe nodifferent fromthelocal chapters.Therewouldthenbeonlysomanylocal chapterswithout a national one, when what is contemplated in the above-quoted provisions of theLGC is that there should be one Liga ng mga Barangay with local chapters at all levels oflocal government units.The dissent, by denying to the board of directors at the NationalLiga the power to create additional positions in the local chapters, would reduce suchboardtoaboardofalocal chapter.Thefact isthat 493grantsthepowertocreatepositions not only to the boards of the local chapters but to the board of the Liga at thenational level as well.t. Indeed what was done in the Constitution and By-laws of their liga was tocreate additional positions in each chapter, whether national or local, without howeverprecluding the boards of directors of the chapters as well as that of the national liga fromcreatingother positions for their peculiar needs.The creationbythe boardof theNational Ligaofthepositionsoffirst, secondandthirdvicepresidents, auditorsandpublic relations officers was intended to provide uniform officers for the various chaptersin line with the mandate in Art. 210(g)(2) of the Rules and Regulations Implementing theLocal Government Code of 1991 to the Barangay National Assembly toformulate uniform constitution and by-laws applicable to the national liga and all localchapters.The various chapters could have different minor officers depending on theirlocalneeds,but theymust have the same majorelective officers, meaning tosay, theadditional vice presidents and auditors.u. The dissent further argues that, following the rule of ejusdemgeneris, what may be created as additional positions can only be appointive ones becausethe positions of secretary and treasurer are appointive positions. The rule might apply ifwhat is involved is the appointment of other officers.But what we are dealing with inthis case is the creation of additional positions.Section 493 actually gives the board thepower to [1] appoint its secretary and treasurer and [2] create such other positions as itmay deem necessary for the management of the chapter.The additional positions to becreated need not therefore be appointive positions. v.w.i. Larin v Executive Sec 280 S 713 (1997)x.y. Issue: Whether or not that the President is authorized to effect organizational changes including the creation of offices in the department of agency concerned.z.aa. Held: Court held that under EO no. 292 Sec.20. Residual Powers. -- UnlessCongress provides otherwise, thePresident shall exercise suchother powers andfunctions vested in the President which are provided for under the laws and whichare not specifically enumerated above or which are not delegated by the President inaccordance with law." ab. This provisionspeaksof suchother powersvestedinthePresidentunder the law. ac. Whatlawthengiveshimthepowertoreorganize?ItisPresidentialDecree No. 1772,which amended Presidential Decree No. 1416. These decreesexpressly grant the President of the Philippines the continuing authority to reorganizethe national government, which includes the power to group, consolidate bureaus andagencies, toabolishoffices, totransfer functions, tocreateandclassifyfunctions,services and activities and to standardize salaries and materials. The validity of thesetwo decrees are unquestionable. ad. The 1987 Constitution clearly provides that "all laws, decrees,executive orders, proclamations, letters of instructions and other executive issuancesnot inconsistent with this Constitution shall remain operative until amended, repealedor revoked."[10] So far, there is yet no lawamending or repealing said decrees.Significantly, the Constitution itself recognizes future reorganizations in thegovernment as what is revealed in Section 16 of Article XVIII. ae. However, the power of reorganization is valid if pursued in good faith.af.i.ii. Dario v Mison 176 S 84 [Aug. 8, 1989; Gr no. 81954]ag.ah. Issue: Whether or not the President may effect reorganizationai.aj. Held:ak. The court held that as a general rule, a reorganization is carried out in good faith if it is for the purpose of economy or to make bureaucracy more efficient. In that event no dismissal or separation actually occurs because the position itself ceases to exist. And in that case the security of tenure would not be a Chinese Wall1. Be that as it may, if the abolition, which is nothing else but a separation or removal, is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid abolition takes place and whatever abolition is done is void ab initio. There is an invalid abolition as where there is merely a change of nomenclature of positions or whereclaims of economy are belied by the existence of ample fundsal.am.Meaning of Administrative Agencyan.ao. ADMINISTRATIVE AGENCY is the term used generally to describe an agency exercising some significant combination of executive, legislative and judicial powers.ap.aq. - it is a government body charged with administering and implementing particular legislation.ar.i. Presidential anti-Dollar Salting Task Force v CA 171 S 348 (1989) [GR no. 83578; 16 March 1989] 2as.at. Issue: Whether or not the Presidential Anti-Dollar Salting Task Force is a quasi-judicial body so as it may issue warrants or search and seizure.au.av. Held: The court held that a quasi-judicial body is "an organ of government other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule making."aw.ax. In the case at bar, the Task Force upon its creation was not conferred with quasi-judicial responsibilities.1 CHINESE WALL (n) an insurmountable barrier; a means of restricting te !o" of information2 #$LLA% SAL&IN' occurs "en a (ollar bill is remo)e( from te *ili++ines "itout te a++ro)al of te Central ,an- an( transferre( to an account outsi(e te countr./i. Balanguan v CA 562 S 184 (2008) [GR no. 174350; 13 August 2008]ay.az. Issue: Whether or not the public prosecutors power to conduct a preliminary investigation is quasi-judicial in nature.ba.bb. Held: The court held that though some cases describe the public prosecutors power to conduct a preliminary investigation as quasi-judicial in nature, this is true only to the extent that, like quasi-judicial bodies, the prosecutor is an officer of the executive department exercising powers akin to those of a court, and the similarity ends at this point. bc.bd. A quasi-judicial body is an organ of government other than a court and other than a legislature, which affects the rights of private parties through either adjudication or rule-making. be.bf. A quasi-judicial agency performs adjudicatory functions such that its awards, determine the rights of parties, and their decisions have the same effect as judgments of a court.bg.bh. Such is not the case when a public prosecutor conducts a preliminary investigation to determine probable cause to file an Information against a person charged with a criminal offense, or when the Secretary of Justice is reviewing the formers order or resolutions. bi.bj. In this case, since the DOJ is not a quasi-judicial body, Section 14, Article VIII of the Constitution finds no application. Be that as it may, the DOJ rectified the shortness of its first resolution by issuing a lengthier one when it resolved respondent HSBCs motion for reconsideration.bk.bl. Administrative Agency or Body and Court distinguishedbm.bn. Administrative Body bo. Administrative Courtbp. -generally a large organization staffed by men who are deemed to become something of EXPERTS in their particular fieldsbq. - a tribunal which is presided by one or more jurist learned in the lawbr. - has a variety of functions bs. - only has one function =JUDICIALbt.bu. Status or character of particular administrative agenciesbv.i. Olaguer v RTC 170 S 478 (1989)bw.bx. Issue: Whether the PCGG is a co-equal body with the RTCby. Held: The court held that, In the exercise of its functions, the PCGG is a co-equal body with the regional trial courts and co-equal bodies have no power to control the other. The regional trial courts and the Court of Appeals have no jurisdiction over the PCGG in the exercise of its powers under the applicable Executive Orders and Section 26, Article XVIII of the 1987 Constitution and, therefore, may not interfere with and restrain orset aside the orders and actions of the PCGG. By the same token, the regional trial courts have no jurisdiction over the acts of fiscal agents of the PCGG acting for and in behalf of said commission.bz. The Commission should not be embroiled in and swamped by legal suits before inferior courts all over the land. Otherwise, the Commission will be forced to spend valuable time defending all its actuations in such courts. This will defeat the very purpose behind the creation of the Commission. Accordingly, Section 4(a) of Executive Order No. 1 expressly accorded the Commission and its members immunity from suit for damages in that: "No civil action shall lie against the Commission or any member thereof for anything done or omitted in the discharge of the task contemplated by this order."ca.cb. Main Characteristics of Administrative Agenciescc.cd. * DELEGATION OF FUNCTION AND AUTHORITY ( a very important characteristic of Administrative Procedure)ce.i. Size the size of an administrative agency reflects both their nationwide jurisdiction and the character of their work.cf.i. Specialization on a particular trade or business. (eg. BIR is well versed in the law on the of taxation of real and personal properties and other sources of income) Skills of Training and Experience Specialization on Procedurecg.i. Responsibility for results administrative agencies are created as a means to accomplish a particular statutory endch.i. Variety of Administrative dutiesci.cj. Consequences of Characteristicsck.i. Padua v Ranada 390 S 663 (2002)cl.cm. Issue: Whether the provisional toll rate adjustments of the Metro Manila Skyway issued by the Toll Regulatory Board (TRB) is valid.cn.co. Whether or not TRB must state the facts and law on which the Resolution no. 2001-89 is basedcp.cq. Held: The court held that the language of LOI No. 1334-A is not susceptible of equivocation.It directs, orders and instructs the TRB to issue provisional toll rates adjustment ex-parte without the need of notice, hearing and publication.All that is necessary is that it be issued upon (1) a finding that the main petition is sufficient in form and substance; (2) the submission of an affidavit showing that the increase in rates substantially conforms to the formula, if any is stipulated in the franchise or toll operation agreement, and that failure to immediately impose and collect the increase in rates would result in great irreparable injury to the petitioner; and (3) the submission of a bond. cr.cs. On the second issue, the court held that while Section 14, Article VIII of the 1987 Constitution provides that no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based, this rule applies only to a decision of a court of justice, not TRBct.cu. Delegation of Function and Authorityi. 4 TYPES of DELEGATION (Necessary)cv. Delegation of INTERNAL MANAGEMENT Delegation of authority to DISPOSE OF ROUTINE MATTERS; Delegation of authority to DISPOSE OF MATTERS INFORMALLY, or to INITIATE FORMAL PROCEEDINGS; and Delegation of authority and function in formal proceedings (also includes the authority to conduct formal hearings)ii. DEGREE delegation may be combined with supervision and controlcw. TYPES OF ADMINISTRATIVE AGENCIES wherein the government created administrative agencies according to their purposes.cx.i. Offering some GRATUITY, GRANT or SPECIAL PRIVILEGE Eg. Phil Vet. Administration (PVA), GSIS, SSS, PAOcy.i. To carry on certain functions of Government Eg. BIR, Bureau of Customs, Bureau of Immigration, LRAcz.i. To perform some business service for the public Eg. PNR, MWSS, NFAda.i. To regulate the businesses affected with public interest LTFRB, HLURBdb.i. To perform, under police power, regulation of private businesses and individuals SEC, MTRCB, GAB, DDB, BTRCPdc.i. To adjust individual controversies because of some strong social policy involved NLRC, ECC, SEC, DAR, COAdd.C. Administrative Organizationa. Refers to the administrative structure of government including its political subdivisions and the allocation of powers, functions and duties to its various units or agencies.b.c. Distribution of powers of governmentd. 3 branches of Government3e.o Legislativeo Executive o Judiciaryf.i. Joson v Exec. Secretary Torres 290 S 279 (1998)g.h. Issue: Whether or not the DILG Secretary usurped the power of the President when he proceeded with the administrative disciplinary proceedings against elective localofficials i.j. Held: The power to discipline evidently includes the power to investigate.As the Disciplining Authority, the President has the power derived from the Constitution itself toinvestigate complaints against local government officials.A. O. No. 23, however, delegates the power to investigate to the DILG or a Special Investigating Committee, as may be constituted by the Disciplining Authority.This is not undue delegation, contrary to petitioner Joson's claim. The President remains the Disciplining Authority.What is delegated is the power to investigate, not the power to disciplinek.l. The provisions for administrative disciplinary actions against elective local officials are markedly different from appointive officials. The rules on the removal and suspension of elective local officials are more stringent.The procedure of requiring position papers in lieu of a hearing in administrative cases is expressly allowed with respect to appointive officials but not to those elected.An elective official, elected by popular vote, is directly responsible to the community that elected him.The official has adefinite term of office fixed by law, which is relatively of short duration.Suspension andremoval from office definitely affects and shortens this term of office. When an elective official is suspended or removed, the people are deprived of the services of the man they had elected.Implicit in the right of suffrage is that the people are entitled to the services of the elective official of their choice. Suspension and removal are thus imposed only 0 #E*A%&1EN& refers to an e2ecuti)e (e+artment create( b. la" INS&%31EN&ALI&4 refers to an agenc. of te National 'o)ernment5 not integrate( "it te (e+artment frame"or-5 )este( "it s+ecial functions or 6uris(iction b. la" en(o"e( "it some if not all cor+orate +o"ers5 a(ministering s+ecial fun(s an( en6o.ing o+erational autonom.5 usuall. troug a carter/ Eg/ 1IAAafter the elective official is accorded his rights and the evidence against him strongly dictates their imposition.m.n.o. Organization of Bureausp.q. BUREAU is any principal subdivision or unit of any department performing a single major function or closely related functions.r.s. Definition of administrative Relationshipsi. Supervision and Controlii. Administrative Supervisioniii. Attachmentt.u. Eugenio v. CSC 242 S 196 (1995)v.w. Issue: Whether or not the CSC may abolish the Career Executive Service Boardx.y. Held: The court held that the CESB was created by law, thus it can only be abolished by the legislature. This follows an unbroken stream of rulings that the creation and abolition of public offices is primarily a legislative function. As aptly summed up in AM JUR 2d on Public Officers and Employees:z. Except for such offices as are created by the Constitution, the creation of public offices is primarily a legislative function. In so far as the legislative power in this respect, is not restricted by constitutional provisions, is supreme, and the legislature may decide for itself what offices are suitable, necessary, or convenient. When in the exigencies of government it is necessary to create and define duties, the legislative department has the discretion to determine whether additional offices shall be created, or whether these duties shall be attached to andbecome ex-officio duties of existing offices. An office created by the legislature is wholly within the power of that body, and it may prescribe the mode of filling the office and the powers and duties of the incumbent, and if it sees fit, abolish the office.aa. Relationship of Government-owned or controlled corporationsab.ac. - refers to any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or propriety in nature4, and owned by 7 'o)ernment o"ne( or controlle( cor+orations ma. +erform go)ernmental or +ro+riet. functions or bot5 (e+en(ing on te +ur+ose for "ic te. a)e been create(/If te +ur+ose is to obtain s+ecial cor+orate bene8ts or earn +ecuniar. +ro8t5 te function is *%$*%IE&A%4/If te +ur+ose is in te interest of ealt5 safet. an( for te a()ancement of +ublic goo( an( "elfare5 a9ecting te +ublic in general5 te function is '$:E%N1EN&AL/the government directly or through its instrumentalities either wholly or, where applicable as in the case of stock corporations, to the extent o at least 50% of its capital stock.ad.ae. Relationship of Regulatory Agencies to the Departmentaf.ag. A REGULATORY AGENCY refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interest of private persons, the principal powers of which are exercised by a collective body, such as commission, board, or council.ah. (1) It shall be subject to the administrative supervision of the department under which they are placed, except when they are government corporations in which case they shall be governed as provided above.ai. (2) The heads of regulatory agencies shall submit annually, for the approval of the Secretary concerned, their budgets and work plans which shall be the basis of their day-to-day operations.aj. (3) The regulatory agencies may avail themselves of the common auxiliary and management services of the department as may be convenient and economical for their operations.ak. Mandates of the Different Departmentsal.i. Lumiqued v Exevea 282 S 125 (1997)am.an. Issue: Whether the due process clause encompasses the right to be assisted by counsel during an administrative inquiryao.ap. Held: The right to counsel, which cannot be waived unless the waiver is in writingand in the presence of counsel, is a right afforded a suspect or an accused during custodial investigation.It is not an absolute right and may, thus, be invoked or rejected in a criminal proceeding and, with more reason, in an administrative inquiry. In the case at bar, petitioners invoke the right of an accused in criminal proceedings to have competent and independent counsel of his own choice. Lumiqued, however, was not accused of any crime in the proceedings below. The investigation conducted by the committee created by Department Order No. 145 was for the purpose of determining if hecould be held administratively liable under the law for the complaints filed against him.aq.ar. While investigations conducted by an administrative body may at times be akin toa criminal proceeding, the fact remains that under existing laws, a party in an administrative inquiry may or may not be assisted by counsel, irrespective of the nature of the charges and of the respondent's capacity to represent himself, and no duty rests on such a body to furnish the person being investigated with counsel. as. When the dispute concerns one's constitutional right to security of tenure, however, public office is deemed analogous to property in a limited sense; hence, the right to due process could rightfully be invoked. Nonetheless, the right to security of tenure is not absolute. Of equal weight is the countervailing mandate of the Constitution that all public officers and employees must serve with responsibility, integrity, loyalty and efficiency. In this case, it has been clearly shown that Lumiqued did not live up to this constitutional precept.at. The committee's findings pinning culpability for the charges of dishonesty and grave misconduct upon Lumiqued were not, as shown above, fraught with procedural mischief. Its conclusions were founded on the evidence presented and evaluated as facts. Well-settled in our jurisdiction is the doctrine that findings of fact of administrative agencies must be respected as long as they are supported by substantial evidence, even if such evidence is not overwhelming or preponderant. The quantum of proof necessary for a finding of guilt in administrative cases is only substantial evidence or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.au.D. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIESa.I. General Meaning of Power and Functionsb.c. Function that which one is bound or which it is ones business to do sod. Power refer to the means by which a function is fulfillede.II. Source of Powers f.a. Constitutionb. Statutesg.III. Scope of powersa. Express and Implied Powersh.i. Express powers- because the statute itself have provided powers to an agency created by such stature or by the constitutionj.k. Implied powers because it is necessary in the exercise of its express powersl.i. Chavez v NHA 530 S 235m.n. Issue: Whether respondents NHA and RBI have been granted the power and authority to reclaim lands of the public domain as this power is vested exclusively in PEA as claimed by petitionero.p. Held:Basicinadministrativelawisthedoctrinethat agovernmentagencyoroffice has express and implied powers based on its charter and other pertinentstatutes.Express powers are those powers granted, allocated, and delegated to agovernment agency or office by express provisions of law.On the other hand, impliedpowersarethosethat canbeinferredor areimplicit inthewordingsof thelaworconferredbynecessaryorfair implicationintheenablingact. In Angara v. ElectoralCommission, theCourt clarifiedandstressedthat whenageneral grant of power isconferred or duty enjoined, every particular power necessary for the exercise of the oneor the performance of the other is also conferred by necessary implication.It was alsoexplicated that when the statute does not specify the particular method to be followed orused by a government agency in the exercise of the power vested in it by law, said agencyhas the authority to adopt any reasonable method to carry out its functions.q.r. The power to reclaim on the part of the NHA is implicit from PD 757, RA 7279,MO 415, RA 6957, and PD 3-A.s.t. Inherent Powers - Administrative agencies have NO INHERENT POWERS unless otherwise provided by provision of law. u.v.w.i.Masangcay v COMELEC 6 S 27x.y. Issue: Whether or not COMELEC exceeded its jurisdiction in punishing petitionerMasangcay for contemptz.aa. Held: The court held that the Commission on Elections has only the duty to enforce and administer all laws to the conduct of elections, but also the power to try, hear and decide any controversy that may be submitted to it in connection with the elections. In this sense, said, the Commission, although it cannot be classified a court of justice within the meaning of the Constitution (Section 30, Article VIII), for it is merely an administrative body, may however exercise quasi-judicial functions insofaras controversies that by express provision law come under its jurisdiction. The difficulty lies in drawing the demarcation line5 between the duty which, inherently is administrative in character and a function which calls for the exercise of the quasi-judicial function of the Commission. In the same case, we also expressed the view that when the Commission exercises a ministerial function it cannot exercise the power to punish contempt because such power is inherently judicial in nature.ab.ac.'The power to punish for contempt is inherent in all courts; its existence is essential to the preservation of order in judicial proceedings, and to the enforcement of judgments, orders and mandates courts, and, consequently, in the administration of justice. The exercise of this power has always been regarded as a necessary incident and attribute of courts. Its exercise by administrative bodies has been invariably limited to making effective the power to elicit testimony. And the exercise of that power by an administrative body in furtherance of its administrative function has been held invalid.ad.ae.IV. Quasi-Judicial Powersaf.i. City of Baguio v Nino 487 S 216ag.ah. Issue: Whether the City Mayor has the power to order the demolition of illegally built structuresai.aj. Held: Court held that In general, the quantum of judicial or quasi-judicial powers which an administrative agency may exercise is defined in the enabling act of such agency. In other words, the extent to which an administrative entity may exercise such powers depends largely, if not wholly, on the provisions of the statute creating or empowering such agencyak.ii. Makati Stock Exchange v SEC 14 S 620al.am.Issue: Does SEC have the authority to promulgate the rule in question?an. Held: None. (1) Test for determining existence of authority. "The Commission cites no provision of law expressly supporting its rule against double listing. It suggests that the power is 'necessary for the execution of the functions vested in it.' It ; #E1A%CA&I$N LINE boun(ar. aroun( a s+eci8c areaargues that said rule was approved by the Department Head before the War and it is not in conflict with the provisions of the Securities Act. The approval of the Department, by itself, adds no weight in a judicial litigation.ao. The test is not whether the Act forbids the Commission from imposing a prohibition but whether it empowers the Commission to prohibit."ap. (2) Commission without power to impose prohibition. "The Commission possesses no power to impose the condition of the rule which results in discriminationand violation of constitutional rights. It is fundamental that an administrative officer has such powers as are expressly granted to him by statute, and those necessarily implied in the exercise thereof. Accordingly, the license of the Makati Stock Exchange is approved without such condition against double listing." aq.V. Nature of Powersar.as. Administrative power o Administrative functionat.i. Cooperative Development Authority v Dolefil Agrarian Reform Beneficiaries Cooperative Inc. 382 S 552au.av. Issue: Whether CDA has the authority to conduct hearings or inquiries and express grant to it of contempt powersaw.ax. Held: The court held that it is a fundamental rule in statutory construction that when the law speaks in clear and categorical language, there is no room for interpretation, vacillation or equivocation there is only room for application. It can be gleaned from the above-quoted provision of R.A. No. 6939 that the authority of the CDA is to discharge purely administrative functions which consist of policy-making, registration, fiscal and technical assistance to cooperatives and implementation of cooperative laws.Nowhere in the said law can it be found any express grant to the CDA of authority to adjudicate cooperative disputes.At most, Section 8 of the same law provides that upon request of either or both parties, the Authority shall mediate and conciliate disputes with a cooperative or between cooperatives however, with a restriction that if no mediation or conciliation succeeds within three (3) months from request thereof, a certificate of non-resolution shall be issued by the commission prior to the filing of appropriate action before the proper courts. Being an administrative agency, the CDA has only such powers as are expressly granted to it by law and those which are necessarily implied in the exercise thereof.ay.az. The requirement of due process is satisfied if the following conditions are present,namely: (1) there must be a court or tribunal clothed with judicial power to hear and determine the matter before it; (2) jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings; (3) the defendant must be given an opportunity to be heard; and (4) judgment must berendered upon lawful hearingba.bb.VI.VII. Classification of powersa. As to Naturei. Investigatory Powersii. Quasi-legislative or Rule Making Powers iii. Quasi-Judicial or Adjudicatory Powersb. Discretionary Power v Ministerial Powerbc.bd. Discretionary Power be. Ministerial Powerbf. Defined as the power or right conferred upon them by law of acting officially under certain circumstances, according to the dictates of their own judgment and conscience, and not controlled by the judgment or conscience of others.bg. Defined as one performed in response to duty which has ben positively imposed by law and its performance requiredat a time and in a manner or upon conditions specifically designated, the duty to perform under the conditions specified not being dependent upon the officers judgment or discretion.bh.bi.i. Florendo v Enrile 239 S 22bj.bk. Issue: Whether or not the sheriff is guilty of serious dereliction or neglect of duty bl.bm. Held: The duty imposed upon the sheriff to execute the writ is ministerial, not directory. A purely ministerial act or duty is one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandateof the legal authority, without regard to the exercise of his own judgment upon the propriety or impropriety of the act done.bn.VIII. Investigatory Powersa. Definition include the power of an administrative body to inspect the records and premises,and investigate the activities of persons or entities coming under its jurisdiction, to secure, or to require the disclosure of information by means of accounts, records, statements, testimony of witnesses, production of documents, or otherwise.bo.b. Sole powers grantedbp.c. As aid to other powersi. Sec. of Justice v Lantion 322 S 160bq. Issue: May an Administrative Agency conduct an investigative proceedingbr. Held: In administrative law, a quasi-judicial proceeding involves: (a) taking and evaluation of evidence; (b) determining facts based upon the evidence presented; and (c) rendering an order or decision supported by the facts proved. Inquisitorial power, which is also known as examining or investigatory power, is one or the determinative powers of an administrative body, which better enables it to exercise its quasi-judicialauthority. This power allows the administrative body to inspect the records and premises, and investigate the activities, of persons or entities coming under its jurisdiction, or to require disclosure of information by means or accounts, records, reports, testimony of witnesses, production of documents, or otherwise.bs. The power of investigation consists in gathering, organizing, and analyzing evidence, which is a useful aid or tool in an administrative agency's performance of its rule-making or quasi-judicial functions. Notably, investigation is indispensable to prosecution.bt.d. Investigatory Powers v Judicial Functionsi. Ruperto v Torres 100 Phil 1098ii. Montemayor v Bundalian 405 S 264e. Application of Technical rules of procedure and evidencei. Carmelo v Ramos 6 S 836ii. Evangelista v Jarencio 69 S 99f. Hearing not part of criminal prosecutioni. Remolona v CSC 362 S 304IX. aE. Aa.b. Tests to determine whether or not there is a valid DELEGATION OF POWER1. COMPLETENESS TEST- the law must be COMPLETE in all its terms and conditions when it leaves the legislative such that when it reaches the delegate the only thing he will have to do is ENFORCE IT.c.d. What must be present:a. There must be a lawb. It must be complete in all terms and conditionsc. The delegates understands it, and his only job is to ENFORCE ite.2. SUFFICIENT STANDARD TESTf. - there must be adequate guidelines or limitations of law to map out the boundaries of the delegates authority to and prevent the delegation from running riotg./