ADMIN LAW: ASSIGNMENT #6

I. Doctrine of Separation of Powers - is a fundamental principle in our

system of government. It obtains not through express provision but by actual
division in our Constitution. The doctrine declares that governmental powers
are divided among the three departments of government, the legislative,
executive, and judicial, and broadly operates to confine legislative powers to
the legislature, executive powers to the executive department, and judicial
powers to the judiciary, precluding one branch of the government from
exercising or invading the powers of another.

The doctrine of separation of powers of government also operates to restrict

the exercise of judicial functions to administrative agencies. Since the
legislature cannot exercise judicial it certainly is precluded from delegating
the exercise of judicial functions to administrative agencies or officers.

II. Doctrine of Non-delegation of Powers - is based on the maxim of

potestas delegata non potest delegari. What has been delegated cannot in turn
be delegated. The doctrine rests on the ethical principle that a delegated
power constitutes not only a right but a duty to be performed by the delegate
by the instrumentality of his own judgment acting immediately upon the
matter and not through the intervening mind of another. A further delegation
of such power would indeed constitute a negation of the duty in violation of
the trust reposed in the delegate mandated to discharge it directly.

This doctrine is not absolute. It does not preclude a certain degree of

admixture of the three powers of government in administrative agencies. A
particular administrative agency has legislative and judicial, or legislative,
executive, and judicial powers or functions, sometimes softened by a "quasi"
or stated to be in nature legislative and judicial, and sometimes stated to be in
addition to administrative powers.

III. REQUISITES FOR DELEGATION

(a) COMPLETENESS OF THE STATUTE- must be complete in itself, must set

forth therein the policy to be executed, and must be carried out or
implemented by the delegate.
 (b) SUFFICIENT STANDARD - depends upon the nature of the power
exercised and the nature of the right restricted by such power; it also depends
upon whether or not proper regulation or control requires the vesting of such
discretion. Detailed standards are not required, especially in regulatory
enactments under the police power. Examples of standards held sufficient
include: "necessity," "necessary or expedient," "appropriate," "reasonable,"
"just and reasonable," "fair and equitable," "sufficient," "excessive profits,"

IV. PERMISSIBLE DELEGATION OF LEGISLATIVE POWER UNDER THE

CONSTITUTION – Article VI, Sec 23 [Emergency power delegated to the Pres.
In times of war; Article VI, Sec 28 [delegation of taxing power to fix tariffs],
Article X, Sec 3 [Enactment of LGC which shall provide a more responsible and
accountable local government; Article X, Sec. 5 [LGU’s power to create its own
sources of revenue]

V. ADJUDICATORY POWERS- describe powers and functions which involve

the decision or determination by administrative agencies of the rights, duties,
and obligations of specific individuals and persons, as contrasted with powers
(i.e., rule making) of administrative agencies which, while they may involve
decisions or determinations in the broadest sense, involve persons generally
rather than specially, and usually operate only prospectively.

As distinguished from judicial power - Where the duty is primarily to decide

questions of legal rights between private parties with respect to the matter in
controversy, such decision being the primary object and not merely incidental
to regulation or some other administrative function, the question raised is
judicial involving the exercise of judicial function.

As distinguished from investigative power –to adjudicate is to settle in the

exercise of judicial authority while to investigate is to discover, to find out, to
learn, obtain information and nowhere included or intimated is the notion of
settling, deciding or resolving a controversy involved in the facts.

As distinguished from legislative power - a rule is the product of rule-making

and rule-making is a part of the administrative process that resembles a
legislature's enactment of statutes. Adjudication is the part of the
administrative process that resembles a court's decision of a case.