QUASI-

LEGISLATIVE
FUNCTION
a group report under PA 220
(Administrative Law)
 Meet the Reporters

Airo Glaizza John Arvin Jay-An Junavhie

BALATUCAN ALAJAR ANTIPORDA AGPASA ESTRELLA
- RULE AND RULE-MAKING DEFINED
-SUBORDINATE LEGISLATION

REPORTER: AIRO A. BALATUCAN

 RULE
— 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.

It includes memoranda or statements concerning

internal administration or management of an agency
affecting the rights of or procedure available to the
public.
RULE-MAKING
— an agency process for the formulation,
amendment or, repeal of a rule.
 QUASI-LEGISLATIVE POWER
— the power of subordinate legislation, as it permits the
administrative body to promulgate rules intended to carry out the
provisions of particular laws.

— the authority delegated by the law-making body to the

administrative body to adopt rules and regulations intended to
carry out provisions of the law and implement legislative policies.
Quasi-legislative or rule-making power
is exercised by administrative agencies
through the promulgation of rules and
regulations within the confines of the
granting statute and the doctrine on
non-delegation of certain powers
flowing from the separation of the three
great branches of the government.
- PURPOSE OF LAW
-TESTS OF VALID DELEGATION

REPORTER: GLAIZZA E. ALAJAR

PURPOSE OF LAW

Law establishes standards

Law promotes social justice
Law helps in settling disputes
Law maintains order
Law maintains the status quo
Law facilitates an orderly change
Did you know?
The Code of Hammurabi was one of the earliest and
most complete written legal codes and was proclaimed by
the Babylonian king Hammurabi, who reigned from 1792 to
1750 B.C. Hammurabi expanded the city-state of Babylon
along the Euphrates River to unite all of southern
Mesopotamia.
The Hammurabi code of laws, a collection of 282
rules, established standards for commercial interactions
and set fines and punishments to meet the requirements of
justice. Hammurabi’s Code was carved onto a massive,
finger-shaped black stone stele (pillar) that was looted by
invaders and finally rediscovered in 1901.
PURPOSE OF LAW
Regulations must “be germane to the objects and purposes of the law,
and not be in contradiction to, but in conformity with the standards
required by law. They must conform to and be consistent with the
provisions of the enabling statute in order for such rule or regulation to be
valid. Constitutional and statutory provisions control with respect to what
rules and regulations may be promulgated by administrative body, as well
as with respect to what fields are subject to regulation by it.
Thus, in subordinate legislation by administrative agencies, all that may
reasonably demanded is a showing that the delegated legislation
consisting of administrative regulations are germane to the general
purposes projected by the governing or enabling statute.
NO ROVING COMMISSION:
To be valid, the delegation of legislative
power must not be a “roving commission”
but should be “canalized within banks that
keep it from overflowing”

They must conform to and be consistent

with the provisions of the enabling statute
in order for such rule or regulation to be
valid.
 TESTS OF VALID DELEGATION
1
2
COMPLETENESS TEST SUFFICIENT
complete in itself, setting forth STANDARD TEST
therein the policy to be
executed, carried out or fixes a standard- the limits of
implemented by the delegate which are sufficiently
determinate or determinable- to
which the delegate must conform
in the performance of his
functions.
- SUFFICIENCY OF STANDARDS
-LEGISLATIVE AND INTERPRETATIVE
REGULATIONS

REPORTER: JOHN ARVIN ANTIPORDA

SUFFICIENCY OF STANDARDS
A sufficient standard is one which defines legislative policy,
marks its limits, maps out its boundaries and specifies the public
agency to apply it. It indicates the circumstances under which the
legislative command is to be effected. Both tests (completeness
test and sufficient standard test) are intended to prevent a total
transference of legislative authority to the delegate, who is not
allowed to step into the shoes of the legislature and exercise a
power essentially legislative.
The following have been held
sufficient as legislative standards
justifying delegation of authority to
regulate, to wit:
(a) “in the interest of law and order” ;
(b) “public interest” ;
(c) justice and equity and substantial
merits of the case” ;
(d) “public welfare”;
(e) “simplicity, economy and efficiency”;
(f) adequate and efficient instruction”;
(g) “to maintain monetary stability.”
LEGISLATIVE AND INTERPRETATIVE REGULATIONS
Administrative issuances may be distinguished
according to their nature and substance:
(1) legislative and (2) interpretative.

e ta ti v e r u le is
in t er p r
2 An
t o p r o v id e
1 A legislative rule is in the designed
s t o th e la w
guideline e
matter of subordinate a d m in i st r at iv
wh ic h th e
legislation, designed to n c h a r g e o f
agency is i
implement a primary
e n f or c ing .
legislation by providing
the details thereof.
 l a t i o n
i v e r e g u
L e gis la t e n t:
n ta r y o r c o n t i n g
a y b e s u p p l e m e
iv e r e g u la t io n m
Legisla t
s , s ub je c t to t h e
i lls i n t h e d e ta il
a r y r e g u la ti o n f
• A suppl e m e n t
b y t h e s ta t u t e .
stand a r d s f i x ed
in g o f a c e r ta in
p o n th e h a p p e n
a tio n is is s u e d u e d i s c re tio n
o n ti n g e n t re g u l n c y is g i v e n th
•Ac m i n is tr a t iv e a g e
c y w h ic h t h e a d
c on tin g e n w .
r s u a n t t o t h e la r s a n o p in io n o r
to a s c e rta in p u a g e n c y r e n d e
i v e o r e x e c u t iv e ist in g l a w :
n a d m i n i s t r a t p re ts a p re - ex
When a p o l ic y , i t m e r e ly in te r
a d v is o r y ,
a s t a t e m e n t o f e l a w is a t b e s t
issues in t e r p r e ta t i o n o f t h
n s .
in is t ra ti v e e la w m e a
and the adm t f in a ll y d e te rm in e w h a t t h
e c o u rt s th a
for it is th
 u l a t i o n
t a t i v e r eg
in te r p r e
t r a tive b o d y as
b y th e a d m in is
u la tio n is is s u e d ere ly to
e rp re t a tiv e r e g n d is in te nd e d m
The in t o r c e t h e la w a
ts p o w e r t o e n f e o p le .
an incide n t o f i v a n c e b y th e p
o r p r o p e r o b se r e d by th e
its p ro v is io n s f v e a n d is r e c e iv
clarif y m e r e ly p e rv a si
e g u la tio n is
This kind of r t b u t n o t fin a li t y.
ith m u c h re s p e c
c ourt s w
Examples:
n t e rn al R e v e n u e
t h e B u r e a u o f I
is s u e d b y
The circulars a l n g P ili p in a s .
a n g k o S e n t r
and the B
- REQUISITES OF VALID
ADMINISTRATIVE REGULATIONS
-PUBLICATION OF RULES
OF GENERAL APPLICATION
REPORTER: JAY-AN AGPASA
REQUISITES OF VALID
ADMINISTRATIVE REGULATIONS
First Requisite:
The rules must be authorized by the legislature.
The authority to promulgate rules and regulations
emanates from the charter itself of the administrative body or
by the law to be enforced.
When Congress authorizes promulgation of administrative
regulations to implement given legislation, all that is required
is that the regulation be not in contravention with it, but
conform to standards that the law prescribes.
Fundamental is the precept in administrative law that the
rule-making power delegated to an administrative agency is
limited and defined by the statute conferring the power.
Second Requisite:
The rules must be within the scope of authority.
• The power to promulgate rules in the implementation of the statute is
necessarily limited to what is provided for in the legislative enactment. Its terms
must be followed. An administrative agency cannot amend an act of Congress.
• The Constitution limits the authority of the President. No lesser administrative
executive office then can assert for itself a more extensive prerogative.
The regulation promulgated must not be ultra-vires or beyond the limits of the
authority conferred.
• The administrative agency cannot alter or restrict the provisions of the law it
administers.
• Administrative issuances must not override but must remain consistent and in
harmony with the law it seeks to implement. Though a regulation adopted
pursuant to law is law, “a regulation or any portion thereof not adopted pursuant
to law is no law and has neither the force nor effect of law.”
• A statute is superior to an administrative circular thus, the latter cannot
repeal or amend it. “A department zeal may not be permitted to outrun the
authority conferred by the statute.”
Third Requisite:
The rules must be within the prescribed procedure.

The 1987 Administrative Code, Book VII on Administrative

Procedure, provides that this Book shall be applicable to all
agencies except the Congress, the Judiciary, the
Constitutional commissions, military establishments in all
matters relating exclusively to Armed Forces Personnel, the
Board of Pardons and Parole, and State Universities and
Colleges.
Fourth Requisite:
The regulation must be reasonable.

Rules and regulations must be reasonable and

fairly adapted to secure the end 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.
 ICATION O F RU LE S O F
PUBL IO N
GENERAL A PP LIC A T

The UP Law Center shall: (1) Publish a quarterly bulletin setting forth
the text of rules filed with it during the preceding quarter: and (2) Keep
an up-to-date codification of all rules thus published and remaining in
effect, together with complete index and appropriate tables.
Executive Order No. 200 provides that laws “shall take effect after
fifteen days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the
Philippines, unless it is otherwise provided.”
Earlier, the Court declared that ”all statutes, including those of local
application and private laws, shall begin 15 days after publication
unless a different effectivity date is fixed by the legislature.”
 ICATION O F RU LE S O F
PUBL IO N
GENERAL A PP LIC A T

Publication is necessary to apprise the public of the contents of the

regulations and make the said penalties binding on the persons
affected thereby.” It is a condition precedent to the effectivity of the
law to inform the public of the contents of the laws or rules or
regulations before their right s and interests are affected by the same.
Under the New Civil Code, Article 2, the date of the publication of
laws in the Official Gazette is material for the purpose of determining
their effectivity, only if the statutes themselves do not so provide. The
effectivity of a law or regulation published in the Official Gazette is
reckoned 15 days from the release for circulation.
- PENAL SANCTIONS
EVERY RULE ESTABLISHING AN OFFENSE OR DEFINING AN ACT
WHICH, PURSUANT TO LAW , IS PUNISHABLE AS A CRIME OR SUBJECT
TO A PENALTY SHALL IN ALL CASES BE PUBLISHED IN FULL TEXT.
LIKEWISE, IN THE FIXING OF RATES, NO RULES OR FINAL ORDER
SHALL BE VALID UNLESS THE PROPOSED RATES SHALL HAVE BEEN
PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST
TWO WEEKS BEFORE THE FIRST HEARING THEREON.

REPORTER: JUNAVHIE ESTRELLA

 FIXING OF RA TE S,
AG ES, AND PR IC E S
W
“Rate” means any charge to the public for a service open to all and
upon the same terms, including individual or joint rates, tolls,
classifications or schedules thereof, as well as commutation, mileage,
kilometerage and other special rates which shall be imposed by law
or regulation to be observed and followed by any person.
In the fixing of rates, no rule or final order shall be valid unless the
proposed rates shall have been published in a newspaper of general
circulation at least two weeks before the first hearing thereon.
 The fixing of rates is essentially a legislative power. Indeed, the great
battle over the validity of the exercise of this power by administrative
agencies was fought in the 1920’s over the issue of undue delegation precisely
because the power delegated was legislative. The growing complexity of
modern society, the multiplication of the subjects of governmental regulations
and the increased difficulty of administering laws made the creation of
administrative agencies and the delegation to them of legislative power
necessary.
There is a legal presumption that the fixed rates are reasonable and it
must be conceded that the fixing of rates by the Government through its
authorized agents, involves the exercise of reasonable discretion, and unless
there is an abuse of discretion, the courts will not interfere.
FOUR DIFFERENT THEORIES OF ASCERTAINING
WHAT CONSTITUTES A REASONABLE RATE

1. Original Cost
2. Cost of Reproduction
3. Outstanding Capitalization
4. Present Value
 The Court has also made a categorical classification when
the rate fixing power of administrative bodies is quasi-judicial
and when it is legislative. Although the rule-making power
and even the power to fix rates—when such are meant to all
enterprises of a given kind throughout the Philippines—may
partake of a legislative character, such is not the nature of
the order complained of. What is more, it is predicated upon
the finding of fact, whether petitioner is making profit of more
than 12 % of its invested capital which is denied by petitioner.
In making said finding of fact, respondent performed a
function partaking of a quasi-judicial character, the valid
exercise of which demands notice and hearing.
 REGULATIONS
PENAL
Every rule establishing an offense or defining an act which, pursuant to
law, is punishable as a crime or subject to a penalty shall in all cases be
published in full text.

Special Requisites of a Valid Administrative Regulation with a penal

sanction are : (1) the law itself must make the violation of the administrative
regulation punishable; (2) the law itself must impose and specify the penalty
for the violation of the regulation; and (3) the regulation must be published.
Circulars which prescribe a penalty for its violation should be published
before becoming effective for the people to be officially informed.
 -A CASE DIGEST OF AN ADMINISTRATIVE
CASE WITH FINAL PROMULGATION IN COURT
INVOLVING QUASI LEGISLATIVE POWER
THAT ENDS OUR GROUP REPORT.
THANK YOU FOR LISTENING !