Chapter 4
QUASI-LEGISLATIVE POWER
Effect of the rule-making power of the administrative body:
- the active power of the State from its source to the point of
application
Meaning: to apply the law and so fulfill the mandate of the
legislation
Kinds of Administrative Regulations
Legislative Interpretative
1) designed to provide guidelines to the law which the
administrative agency is in charge of enforcing
matter of subordinate legislation, designed to
implement a primary legislation by providing the
details thereof
2) accorded by the courts or by express provision of
statute the force and effect of law immediately going
into effect
those which purports to do no more than interpret the
statute being administered, to say what it means
3) how:
i. supplementing the statute
ii. filling in the details
iii. making the law
iiii. usually acting in pursuant to a specific
delegation of legislative power
constitute administrator’s construction of a statute
Note: it is the statute and not the regulation which the
individual must conform
4) issued by the administrative body pursuant to a valid
delegation of administrative body pursuant to a valid
delegation of legislative power
issued by the administrative body as an incident of its
power to enforce the law and is intended merely to
clarify its provisions for proper observance by the
people
5) intended to have the binding force and effect of a
law enacted by the legislature itself
merely persuasive and is rec