A gr courts will not disturb the findings of

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Unformatted text preview: administration. (2006 Bar Question) c. POWERS OF ADMINISTRATIVE AGENCIES Q: What are the three basic powers of administrative agencies? A: 1. Quasi‐legislative power or rule‐making power POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. ADMINISTRATIVE LAW 2. 3. Quasi‐judicial or adjudicatory power Determinative power Q: Distinguish between quasi‐legislative and quasi‐judicial power. A: QUASI‐LEGISLATIVE Operates on the future Has general application Issuance pursuant to the exercise of quasi‐ legislative power may be assailed in court without subscribing to the doctrine of exhaustion of administrative remedies (DEAR). A valid exercise of quasi‐ legislative power does not require prior notice and hearing (except when the law requires it). An issuance pursuant to the exercise of quasi‐ legislative power may be assailed in court through an ordinary action. QUASI‐JUDICIAL Operates based on past facts Has particular application (applies only to the parties involved in a dispute) Issuance pursuant to the exercise of quasi‐ judicial power may, as a rule, only be challenged in court with prior exhaustion of administrative remedies. A valid exercise of quasi‐judicial power requires prior notice and hearing (except when the law requires it) An issuance pursuant to the exercise of quasi‐ judicial function is appealed to the Court of Appeals via petition for review (Rule 43). 1. Quasi‐Legislative (Rule‐Making) Power Q: Define quasi‐legislative power. A: This is the exercise of delegated legislative power, involving no discretion as to what the law shall be, but merely...
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This document was uploaded on 03/12/2014.

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