154 questions of law administrative

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: the authority to fix the details in the execution or enforcement of a policy set out in the law itself. Q: What are the kinds of quasi‐legislative power? A: 1. Legislative regulation 2. Supplementary or detailed legislation which is intended to fill in the details of the law and to make explicit what is only general. e.g. Rules and Regulations Implementing the Labor Code. 3. Contingent legislation in which administrative agencies are allowed to ascertain the existence of particular contingencies and on the basis thereof 4. enforce or suspend the operation of a law. Interpretative legislation – rules and regulations construing or interpreting the provisions of a statute to be enforced and binding on all concerned until changed. They have the effect of law and are entitled to great respect having in their favor the presumption of legality. E.g. BIR circulars. Q: What are the requisites for the valid exercise of quasi‐legislative power? A: 1. Promulgated in accordance with the Prescribed procedure. 2. Reasonable. 3. Issued under Authority of law. 4. Administrative regulations, issued for the purpose of implementing existing law, pursuant to a valid delegation are included in the term “laws” under Article 2, of the Civil Code and must therefore be published in order to be effective. 5. It must be within the Scope and purview of the law. 6. Filing with the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center Note: But mere interpretative regulations, and those merely internal in nature, i.e. regulating only the personnel of the administrative agency and not the public, need not be published (Tañada v. Tuvera, G.R. No. 63915, December 29, 1986) Q: What are the guidelines to rule‐making? A: 1. It must be consistent with the law and the constitution 2. It must have reasonable relationship to the purpose of the law 3. It must be within the limits of the power granted to administrative agencies 4. May not amend, alter, modify, supplant, en...
View Full Document

Ask a homework question - tutors are online