Powers of the Administrative Bodies

The powers of the administrative bodies are the following:

1.) Rule-making/Quasi-legislative

2.) Quasi-judicial/adjudicating

3.) Determinative

Rule-making/Quasi-legislative

Powers delegated by the government to any of its offices can't be delegated by these offices to others further down the line. The rule-making power is the power of a government office to set the details in the enforcement of the law/laws which the office operates under. These rules and regulations have the force and effect of law; they bind whoever comes under them and the courts can take judicial notice of them. There are 3 kinds of administrative rules and regulations:

1.) Supplementary/Detailed

These rules establish the details  in enforcing policies mentioned in the law, such as the Implementing Rules of the Labor Code.

2.) Interpretative Legislation

These guide the decisions of administrative rulings by interpreting the laws to be enforced (ex. liberal interpretation of tax laws in favor of the taxpayer.)

3.) Contingent Legislation

These rules are made because of certain things which influence law enforcement. They're avoided today because of the risk involved.

To be valid, they have to be issued  in accordance with law and are limited to the extent that the law allows them. If they exceed the limit, they can be attacked. They can, however, be used to fill in gaps that the law has. Rules and regulations that are inconsistent with law have no effect. The rules must also be reasonable because decisions of the administrative bodies only require substantial compliance, not preponderance of evidence or proof beyond reasonable doubt. They must also be published in the Official Gazette, the government's official newspaper, or, under EO 200, in a newspaper of general circulation. Unpublished rules  have no effect; they deny the individual the constitutional right to due process. If the rules are procedural or just legal opinions, they don't need notification. Hearing also isn't necessary for the issuance of a rule.

In case the administrative rules have penalties, the law itself must fix the penalty for the violation of the rules and declare these violations as punishable.

Determinative

There are 5 of these:

1.) Enabling

These powers permit activities which the law wants to regulate (ex. issuing of business licenses.)

2.) Directing

These are exercised when, for instance the BIR performs an assessment.

3.) Dispensing

These grant exemptions from a general prohibition or relieve a person or entity from an affirmative duty.

4.) Examining/Investigation

The production of documents, evidence and witnesses can be demanded. Although calling of witnesses isn't inherent in an administrative body, administrative officers can summon witnesses, administer oaths, etc. An administrative body can't punish non-compliance with contempt unless the law allows it.

5.) Summary

The power to use force against persons or property  without a judicial warrant in order to accomplish a legal purpose (such as in abating nuisances.)

Quasi-judicial/Adjudicatory

Decisions of administrative bodies  have the following requisites:

1.) Right to a hearing (and the right against self-incrimination)

2.) The body must consider the evidence presented

3.) The decision must be well-based

4.) The evidence must be substantial

5.) The decision must be based on the evidence, contained in the record and communicated to the parties

6.) The members of the body must act according to their own individual assessment of the facts

7.) The decision must inform the parties of the issues involved and how the conclusion was reached

Administrative due process is not equal to judicial due process, both in application of rules and the degree weight of the evidence. You have to bring your case all the way up to the president, who has review powers over the different branches and can directly or indirectly (alter ego doctrine) take consideration of the case (with certain exceptions, of course.) After that, you have to go to the courts; administrative decisions aren't part of the legal system.

There are, however, certain cases where notice and hearing are dispensed with:

1.) Granting provisional authority to increase rates or engaging in a particular line of business

2.) Summary proceedings for distraint and levy in the case of delinquent taxpayers

3.) Cancellation of a passport if the DFA secretary didn't commit an abuse of discretion

4.) Summary abatement of nuisances per se

5.) Preventive suspension of a public officer while under investigation