5 to avail of administrative remedy entails lesser

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Unformatted text preview: : How are agencies created? A: By: 1. Constitutional provision 2. Authority of law 3. Legislative enactment Q: Cite reasons for the creation of administrative agencies. A: To: 1. Help unclog court dockets 2. mMeet the growing complexities of modern society 3. Help in the regulation of ramified activities of a developing country 4. Entrust to specialized agencies the task of dealing with problems as they have 146 the experience, expertise, and power of dispatch to provide solution thereto. Q: What is an instrumentality? A: An instrumentality refers to any agency of the national government not integrated within the departmental framework, vested with special functions or jurisdiction by law, with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. (Iron and Steel Authority v. CA, G.R. No. 102976, Oct. 25, 1995) Q: What is an Agency? A: An agency is any department, bureau, office, commission, authority or officer of the national government, authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases; research institutions with respect to licensing functions; government corporations with respect to functions regulating private rights, privileges, occupation or business, and officials in the exercise of the disciplinary powers as provided by law. Q: What is the distinction between the two? A: There is no practical distinction between an instrumentality and agency, for all intents and purposes. A distinction, however, may be made with respect to those entities possessing a separate charter created by statute. Q: What is a quasi‐judicial body or agency? A: A quasi‐judicial body or agency is an administrative body with the power to hear, determine or ascertain facts and decide rights, duties and obligations of the parties by the application of rules to the ascertained facts. By this power, quasi‐judicial agencies are enabled to interpret and apply implementing rules and regulations promulgated by them and laws entrusted to their...
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