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Unformatted text preview: d Fact‐Finding Powers Q: What is Licensing Power? A: The action of an administrative agency in granting or denying, or in suspending or revoking, a license, permit, franchise, or certificate of public 150 convenience and necessity. Administrative Law, 2010) (De Leon, Q: What is the nature of an administrative agency’s act if it is empowered by a statute to revoke a license for non‐compliance or violation of agency regulations? A: For procedural purposes, an administrative action is not a purely administrative act if it is dependent upon the ascertainment of facts by the administrative agency. Where a statute empowers an agency to revoke a license for non‐compliance with or violation of agency regulations, the administrative act is of a judicial nature, since it depends upon the ascertainment if the existence of certain past or present facts upon which a decision is to be made and rights and liabilities determined. Q: Define Rate‐Fixing Power. A: It is the power usually delegated by the legislature to administrative agencies for the latter to fix the rates which public utility companies may charge the public. (De Leon, Administrative Law, 2010) Q: What does the term “rate” mean? A: It means any charge to the public for a service open to all and upon the same terms, including individual or joint rates, tolls, classification or schedules thereof, as well as communication, mileage, kilometrage and other special rates which shall be imposed by law or regulation to be observed and followed by a person. Note: Fixing rates is essentially legislative but may be delegated. (Philippine Inter‐Island v. CA, G.R. No. 100481, January 22, 1997) Q: How is rate‐fixing power performed? A: The administrative agencies perform this function either by issuing rules and regulations in the exercise of their quasi‐legislative power or by issuing orders affecting a specified person in the exercise of its quasi‐judicial power. (De Leon, Administrative Law, 2010) Q: May the function of fixing rates be either a legislative or adjudicative function? A: Yes. The function of prescribing rates by a...
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This document was uploaded on 03/12/2014.

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