Q is the rule that findings of facts by

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Unformatted text preview: promulgate rules and regulations on matters within their own specialization. Q: What is the reason behind the delegation? A: It is well established in this jurisdiction that, while the making of laws is a non‐delegable activity that corresponds exclusively to Congress, 148 nevertheless the latter may constitutionally delegate authority to promulgate rules and regulations to implement a given legislation and effectuate its policies, for the reason that the legislature often finds it impracticable (if not impossible) to anticipate and provide for the multifarious and complex situations that may be met in carrying the law into effect. All that is required is that the regulation should be germane to the objects and purposes of the law; that the regulation be not in contradiction with it, but conform to the standards that the law prescribes. Q: What are the limitations on the doctrine of subordinate legislation? A: 1. Rule making power 2. Cannot contravene a statute or the constitution 3. Partakes the nature of a statute – Rules are not laws but have the force and effect of laws. 4. Enjoys the presumption of legality – therefore courts should respect and apply them unless declared invalid; all other agencies should likewise respect them. Q: What is the concept of Contemporaneous Construction? A: The construction placed upon the statute by an executive or administrative officer called upon to execute or administer such statute. These interpretative regulations are usually in the form of circulars, directives, opinions, and rulings. Note: Contemporaneous construction, while in no case binding upon the courts, is nevertheless entitled to great weight and respect in the interpretation of ambiguous provisions of the law, unless it is shown to be clearly erroneous. 2. Quasi‐Judicial (Adjudicatory) Power Q: Define quasi‐judicial power. A: It is the power of administrative authorities to make determinations of facts in the performance of their official duties and to ap...
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This document was uploaded on 03/12/2014.

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