Fernandez v hret gr no 187478 dec 29 2009

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Unformatted text preview: n administrative agency may be either a legislative or and adjudicative function. (De Leon, Administrative Law, 2010) 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 Q: If the power to fix rates is exercised as a legislative function, are notice and hearing required? A: Where the rules and/or rates laid down are meant to apply to all enterprises of a given kind throughout the country, they may partake of a legislative character. If the fixing of rates were a legislative function, the giving of prior notice and hearing to the affected parties is not a requirement of due process, except where the legislature itself requires it. (De Leon, Administrative Law, 2010) Q: What if it is exercised as a quasi‐judicial function? A: Where the rules and the rate imposed apply exclusively to a particular party, based upon a finding of fact, then its function is quasi‐judicial in character. As regards rates prescribed by an administrative agency in the exercise of its quasi‐judicial function, prior notice and hearing are essential to the validity of such rates. But an administrative agency may be empowered by law to approve provisionally, when demanded by urgent public need, rates of public utilities without a hearing. (De Leon, Administrative Law, 2010) Note: As a general rule, notice and hearing are not essential to the validity of an administrative action where the administrative body acts in the exercise of executive, administrative, or legislative functions; but where a public administrative body acts in a judicial or quasi‐judicial matter, and its...
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