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IV. QUASI-LEGISLATIVE POWER


Definition of "Quasi-Legislative power"
It is the authority delegated by the law-making body to the administrative body to adopt
rules and regulations intended to carry out the provisions of a law and implement legislative
policy.
Rule making power
The power to issue rules and regulations.
A. NATURE OF POWER, DEFINITION
Administrative agencies are endowed with powers legislative in nature or quasi-legislative,
and in practical effect, with the power to make law. However, the essential legislative
functions may not be delegated to administrative agencies and in this sense, it is said that
administrative agencies have no legislative power and are precluded from legislating in the
strict sense.
1.) Ordinance power of the President/Delegation to the President
The president has the power to issue rules and regulations (executive orders, proclamations,
etc.)

Sections 23.2, 28.2, Article VI, 1987 Philippine Constitution


Section 23. 2.
In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to
exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.
Section 28. 2.
The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts within the framework of
the national development program of the Government.

Sections 2, 3, 4, 5, 6, 7, Book III, Title I, Chapter 2, 1987 Administrative Code


Chapter 2
ORDINANCE POWER
Sec. 2. Executive Orders.
Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in
executive orders.
Sec. 3. Administrative Orders.
Acts of the President which relate to particular aspect of governmental operations in
pursuance of his duties as administrative head shall be promulgated in administrative
orders.
Sec. 4. Proclamations.
Acts of the President fixing a date or declaring a status or condition of public moment or
interest, upon the existence of which the operation of a specific law or regulation is made
to depend, shall be promulgated in proclamations which shall have the force of an executive
order.
Sec. 5. Memorandum Orders.
Acts of the President on matters of administrative detail or of subordinate or temporary
interest which only concern a particular officer or office of the Government shall be
embodied in memorandum orders.
Sec. 6. Memorandum Circulars.
Acts of the President on matters relating to internal administration, which the President
desires to bring to the attention of all or some of the departments, agencies, bureaus or
offices of the Government, for information or compliance, shall be embodied in
memorandum circulars.
Sec. 7. General or Special Orders.
Acts and commands of the President in his capacity as Commander-in-Chief of the Armed
Forces of the Philippines shall be issued as general or special orders.

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2.) Delegation to the Supreme Court

Section 5.5, Article VIII, Constitution


Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.

3.) Delegation to LGUs

Sections 5 and 9, Article X, 1987 Philippine Constitution


Section 5.
Each local government unit shall have the power to create its own sources of revenues and
to levy taxes, fees and charges subject to such guidelines and limitations as the Congress
may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local governments.
Section 9.
Legislative bodies of local governments shall have sectoral representation as may be
prescribed by law.

Sections 54, 55, 56, 57, Republic Act No. 7160 (Local Government Code)
Section 54. Approval of Ordinances.
(a) Every ordinance enacted by the Sangguniang Panlalawigan, Sangguniang Panlungsod,
or Sangguniang bayan shall be presented to the provincial governor or city or municipal
mayor, as the case may be. If the local chief executive concerned approves the same,
he shall affix his signature on each and every page thereof; otherwise, he shall veto it
and return the same with his objections to the Sanggunian, which may proceed to
reconsider the same. The Sanggunian concerned may override the veto of the local
chief executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief executive concerned to the
Sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the

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case of a city or a municipality; otherwise, the ordinance shall be deemed approved as
if he had signed it.
(c) Ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority
of all its members, be signed by the Punong Barangay.
Section 55. Veto Power of the Local Chief Executive.
(a) The local chief executive may veto any ordinance of the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sangguniang bayan on the ground that it is ultra vires or
Prejudicial to the public welfare, stating his reasons therefor in writing.
(b) The local chief executive, except the Punong Barangay, shall have the power to veto
any particular item or items of an appropriations ordinance, an ordinance or resolution
adopting a local development plan and public investment program, or an ordinance
directing the payment of money or creating liability. In such a case, the veto shall not
affect the item or items which are not objected to. The vetoed item or items shall not
take effect unless the Sanggunian overrides the veto in the manner herein provided;
otherwise, the item or items in the appropriations ordinance of the previous year
corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only once. The
Sanggunian may override the veto of the local chief executive concerned by two-thirds
(2/3) vote of all its members, thereby making the ordinance effective even without the
approval of the local chief executive concerned.
Section 56. Review of Component City and Municipal Ordinances or Resolutions by
the Sangguniang Panlalawigan.
(a) Within three (3) days after approval, the secretary to the Sanggunian Panlungsod or
Sangguniang bayan shall forward to the Sangguniang Panlalawigan for review, copies
of approved ordinances and the resolutions approving the local development plans and
public investment programs formulated by the local development councils.
(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the
Sangguniang Panlalawigan shall examine the documents or transmit them to the
provincial attorney, or if there be none, to the provincial prosecutor for prompt
examination. The provincial attorney or provincial prosecutor shall, within a period of
ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in
writing of his comments or recommendations, which may be considered by the
Sangguniang Panlalawigan in making its decision.
(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond
the power conferred upon the Sangguniang Panlungsod or Sangguniang bayan
concerned, it shall declare such ordinance or resolution invalid in whole or in part. The

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Sangguniang Panlalawigan shall enter its action in the minutes and shall advise the
corresponding city or municipal authorities of the action it has taken.
(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days
after submission of such an ordinance or resolution, the same shall be presumed
consistent with law and therefore valid.
Section 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or
Sangguniang Bayan.
(a) Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish copies
of all Barangay ordinances to the Sangguniang Panlungsod or Sangguniang bayan
concerned for review as to whether the ordinance is consistent with law and city or
municipal ordinances.
(b) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, fails to take
action on Barangay ordinances within thirty (30) days from receipt thereof, the same
shall be deemed approved.
(c) If the Sangguniang Panlungsod or Sangguniang bayan, as the case may be, finds the
Barangay ordinances inconsistent with law or city or municipal ordinances, the
Sanggunian concerned shall, within thirty (30) days from receipt thereof, return the
same with its comments and recommendations to the Sangguniang Barangay concerned
for adjustment, amendment, or modification; in which case, the effectivity of the
Barangay ordinance is suspended until such time as the revision called for is effected.

B. RATIONALE FOR THE DELEGATION OF QUASI-LEGISLATIVE POWER


There are two accepted tests to determine whether or not there is a valid delegation of
legislative power, viz: the completeness test and the sufficient standard test.

1.) COMPLETENESS TEST


The law must be complete in all its terms and conditions when it leaves the legislative
such that when it reaches the delegate the only thing he will have to do is to enforce it.
2.) SUFFICIENT STANDARD TEST
There must be adequate guidelines or limitations in the law to map out the boundaries
of the delegate's authority and prevent the delegation from running not.
Both tests are intended to prevent a total transference of legislative authority to the delegates
who is not allowed to step into the shoes of the legislature and exercise a power essentially
legislative.

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The validity of delegating legislative power is now a quiet area in our constitutional landscape.
As sagely observed, delegation of legislative power has become an inevitability in light of the
increasing complexity of the task of government.
To cede to the Executive the power to make law is to invite tyranny, indeed, to transgress the
principle of separation of powers. The exercise of delegated power is given a strict scrutiny by
courts for the delegate is a mere agent whose action cannot infringe the terms of agency.
C. LIMITATIONS ON THE RULE-MAKING POWER
1.) Distinctions between Quasi-legislative power and legislative power
a) LEGISLATIVE power involves the discretion to determine what the law shall be.
QUASI-legislative power only involves the discretion to determine how the law shall
be enforced.
b) LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be
delegated.
2.) Distinguished from judicial power
Judicial Power
The power to courts of justice to settle actual case of controversies involving legal
rights which are demandable and enforceable and to determine whether or not there is
grave abuse of discretion.
3.) Distinguished from administrative function
Administrative Function
Those which involve the regulation and control over the conduct and affairs of
individuals for their own welfare and the promulgation of rules and regulations to better
carry out the policy of the legislature as such are devolved upon the admin agency by
the organic law of existence.
D. REQUISITES FOR VALID DELEGATION OF QUASI-LEGISLATIVE POWER
1.) COMPLETENESS TEST
The law must be complete in all its items and conditions when it leaves the legislature such
that when it reaches the delegate, the only thing they will have to do is enforce it (Eastern
Shipping vs. POEA)
What cannot be delegated are those which are purely legislative in nature. He cannot
determine what the law shall be.
2.) SUFFICIENT STANDARD TEST
To map out the boundaries of the delegates authority by defining legislative policy and
indicating circumstances under which it is pursued.

Serve to canalize the banks of the river from overflowing.


3.) Exceptions to the requirement of sufficient legislative standards
(a) power which is not directly or exclusively a legislative one and has no relation
whatsoever to personal or property rights;
(b) power to regulate a mere matter of privilege
E. ISSUES ON VALIDITY OF LEGISLATION
1.) Against the delegating statute itself
Whether or not the requisites of valid delegation are present;
2.) Against the exercise of the delegated power
Whether or not the rule or regulation conforms to what the statute provides and whether
the same is reasonable.
AN ORDINANCE TO BE VALID:
Must not be in contravention of the constitution
Must not be oppressive
Must not be discriminatory
Must not regulate or prohibit trade
Must not be against a statute
F. RULE AND RULE-MAKING, DEFINED

Section 2.2 Book VII, Administrative Code of 1987


"Rule" means any agency statement of general applicability that implements or interprets
a law, fixes and describes the procedures in, or practice requirements of, an agency,
including its regulations. The term includes memoranda or statements concerning the
internal administration or management of an agency not affecting the rights of, or
procedure available to, the public.
Section 4, Book VII, Administrative Code of 1987
"Rule making" means an agency process for the formulation, amendment, or repeal of a
rule.

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SUPPLEMENTARY LEGISLATION
A statute which leaves to the executive the power to fill in the technical details in view
of the latters expertise is a recognized delegation of legislative power.
Must be in compliance with the enabling law and not
1.) CLASSIFICATION OF RULES AND REGULATIONS
a. Those issued by an administrative superior and directed exclusively to the
subordinates --- rules and regulations of internal administration to be observed
by subordinate officials for the prompt and efficient dispatch of government
business and to facilitate the transactions of the general public with the
government;
b. Those directed not only to the inferior officers but also and primarily to
private individuals, fixing the manner by which the terms of a statute are to be
complied with.
2.) TYPES OF RULE-MAKING POWERS
a) Rule-making by reason of particular delegation of authority
(supplementary or detailed legislation)
Refers to the power to issue rules and regulations which have the force and
effect of law;
b) Rule-making by the construction and interpretation of a statute being
administered (interpretative legislation)
Refers to the power to interpret and construe the statutes entrusted to them for
implementation;
c) The ascertainment of facts which will form the basis for the enforcement
of a statute (contingent legislation or determination).
G. SUPPLEMENTARY/DETAILED LEGISLATION
1.) Source enabling law;
2.) Requisites for validity:
It is established in jurisprudence that Congress may validly delegate to administrative
agencies the authority to promulgate rules and regulations to implement a given legislation
and effectuate its policies.
4 REQUISITES OF THE VALID SUPPLEMENTARY DELEGATION
must be germane to the objects and purposes of the law
conform to the standards that the law prescribes
must be reasonable
must be related to carrying in to effect the general provisions of law

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The power of administrative officials to promulgate rules and regulations in the
implementation of a statute is necessarily limited to carrying into effect what is provided
in the legislative enactment.
H. INTERPRETATIVE LEGISLATION
1.) Distinction between rule and interpretation
Victorias Milling Co vs Social Security Commission 114 Phil 555
Ratio: When an administrative agency promulgates rules and regulations, in the exercise
of its rule making power delegated to it by the legislature, it makes a new law with the
force and effect of a valid law. When it renders an opinion, or gives a statement of policy,
it merely interprets a pre-existing law, hence, merely advisory.

2.) Types of executive construction/interpretation


a. Construction by an executive officer directly called to implement the law.
It may be express (embodied in a circular, directive or regulation) or implied (practice
or mode of enforcement of not applying the statute to certain situations; by usage or
practice);
b. Construction by the Secretary of Justice as chief legal adviser of the government. May
be reversed by President in the exercise of the power to modify, alter or reverse;
c. Interpretation handed down in an adversary proceeding in the form of a ruling by an
executive officer exercising quasi-judicial power.
3.) Weight accorded to administrative constructions
When an administrative agency renders an opinion or issues a statement of policy, it merely
interprets a pre-existing law and the administrative interpretation is at best advisory for it
is the court that finally determine what the law means.
4.) Construction of administrative rules and regulations
Ollada vs Secretary of Finance 109 Phil 1072
Ratio: An administrative body has the power to interpret its own rules and such
interpretation becomes part of the rule itself. Unless shown to be erroneous, unreasonable
or arbitrary, such interpretation is entitled to recognition and respect from the courts, as no
one is better qualified to interpret the intent of the regulation than the authority that issued
it. Thus, its interpretation that the rule it issued is not retroactive, not being unreasonable,
should be followed.

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I. CONTINGENT LEGISLATION OR DELEGATION TO ASCERTAIN FACTS
J. PENAL RULES AND REGULATIONS
1.) Requisites for validity of penal rules and regulations.
2.) Imposition of penalties by administrative authorities
K. RATE-FIXING POWER
In case of delegation of rate-fixing power, the only standard which the legislature is required to
prescribe for the guidance of the admin authority is that the rate reasonable and just. However, it
has been held that even in the absence of an express requirement as to reasonableness, this standard
may be implied. The fixing of rate is quasi-legislative when the rules or the rates are meant to
apply to all enterprises of a given kind throughout the Philippines, in which case, notice and
hearing are not required for their validity.
L. EFFECTIVITY OF ADMINISTRATIVE RULES AND REGULATIONS
1.) Publication requirement

Section 2, Civil Code


Section 2, Civil Code states that the law shall take effect after fifteen (15) days following
their completion of their publication in the Official Gazette unless otherwise provided.

Section 18, Book 1, 1987 Administrative Code


Sec. 18. When Laws Take Effect.
Laws shall take effect after fifteen (15) days following the completion of their publication
in the Official Gazette or in a newspaper of general circulation, unless it is otherwise
provided.

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Chapter 2 Book VII, 1987 Administrative Code


Chapter 2
RULES AND REGULATIONS
Section 3. Filing.
(1) Very agency shall file with the University of the Philippines Law Center three (3)
certified copies of every rule adopted by it. Rules in force on the date of effectivity of
this Code which are not filed within three (3) months from that date shall not thereafter
be the basis of any sanction against any party or persons.
(2) The records officer of the agency, or his equivalent functionary, shall carry out the
requirements of this section under pain of disciplinary action.
(3) A permanent register of all rules shall be kept by the issuing agency and shall be open
to public inspection.
Section 4. Effectivity.
In addition to other rule-making requirements provided by law not inconsistent with this
Book, each rule shall become effective fifteen (15) days from the date of filing as above
provided unless a different date is fixed by law, or specified in the rule in cases of imminent
danger to public health, safety and welfare, the existence of which must be expressed in a
statement accompanying the rule. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by them.
Section 5. Publication and Recording.
The University of the Philippines Law Center shall:
(1) Publish a quarter bulletin setting forth the text of rules filed with it during the preceding
quarter; and
(2) Keep an up-to-date codification of all rules thus published and remaining in effect,
together with a complete index and appropriate tables.
Section 6. Omission of Some Rules.
(1) The University of the Philippines Law Center may omit from the bulletin or the
codification any rule if its publication would be unduly cumbersome, expensive or
otherwise inexpedient, but copies of that rule shall be made available on application to
the agency which adopted it, and the bulletin shall contain a notice stating the general
subject matter of the omitted rule and new copies thereof may be obtained.

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2.) Notice and hearing requirement


a) General Rule: Administrative rules of GENERAL application do NOT require
previous notice and hearing.
b) Exception: When the legislature itself requires it and mandates that the regulation shall
be based on certain facts as determined at an appropriate investigation.
c) If the regulation is in effect a settlement of a controversy between specific parties, it is
considered an administrative adjudication, requiring notice and hearing.
3.) Application, general rule
That the issuance of rules and regulations to implement the law does not require that there
be prior notice and hearing conducted by the administrative agencies.
However, if the statute making the delegation requires such hearing, then one must be
conducted before such rules and regulations are issued. On the other hand, if the statute is
silent on the matter, a public hearing, if practicable, may be conducted.