Difference of a function and power.

Function is broader in scope and connotes the act which the government agency ought to do.
While powers are those means by which a function is fulfilled.
What I learned?
I will be discussing the scope and nature of the powers of administrative agencies.
The scope of powers of administrative agencies are essentially the limitations imposed to them
by the Constitution and statutes.
There are three classifications of powers according to scope:
1. Express powers – these are powers which are and limited by the Constitution and
statutes which created the admin agencies or vested powers to them. Admin agencies
can only exercise powers which are expressly granted to them or powers which are
necessarily implied in the statute creating them or vesting powers to them.
In highlighting this, we have the case of Taule v Santos.
In the first, Taule v Santos, a member of the Federation of Association of Barangay Councils of
Catanduanes questioned the results of the election conducted to determine their officials
because 5 out of 11 council members were absent at the time. The same was filed by their
Governor to the Secretary of Local Government protesting the validity of the election. This was
granted by the SILG. However, Taule petitioned to have this decision annulled arguing that the
SILG is not conferred by the Constitution nor statute with such powers. This was granted by the
SC stating that There is neither a statutory nor constitutional provision expressly or even by
necessary implication conferring upon the Secretary of Local Government the power to assume
jurisdiction over an election protest involving barangay officials. What Constitution confers to the
SLG is the power to supervise or oversee local government units if they are performing their
functions in accordance with law, not electoral protests.
2. Inherent or implied powers – Basically, they are conferred powers to administrative
agencies given to them through necessary implication in the statute creating them or
vesting powers to them. Necessary implication means that when a general power is
vested by law to the government agency, every particular power necessary for the
exercise of the former is also conferred.
An example of this is the case of Laguna Lake Development Authority v CA. When the Laguna
Lake Development Authority issued a cease and desist order to stop the City Government of
Caloocan from dumping its garbage in the Camarin open dumpsite pursuant to its powers to
make, alter or modify orders to discontinue pollution, this was contested by the Caloocan
government arguing that LLDA is not vested to issue such orders. The court ruled that by
necessary implication, the LLDA has been vested by its charter, RA 4850. It being a regulartory
and quasi-judicial body, it has the power to issue exparte cease and desist ordersto prevent
pollution.
3. Quasi-judicial powers – are actions taken by administrative agencies to investigate and
ascertain facts and draw conclusions from them. They cannot be assumed by
administrative agencies nor be created by courts. The jurisdiction of administrative
authorities to exercise quasi-judicial powers is dependent entirely on statute provisions.
 That even an administrative agency would argue that it would empower law
enforcement, such argument cannot be accepted because it would render the rule of law
meaningless.
A good example of this is the case of Radio Communications v Board of Communications.
Complaints were filed with Radio Communications for its failure to deliver a telegram informing
the complainant of the death of his relatives. This was filed to the Board of Communications
(previously Public Service Commission). The Board imposed fines to Board of Communications
but this was contested by the Radio Communications argued that the Board has no jurisdiction
to entertain and take complaints for breach of contract. The court agreed with Radio
Communications and explained that administrative agencies only exercise such powers as
expressly conferred to them by law. They can only adjudicate that which is conferred by law.
The breach of contract made by Radio Communications was a breach of contract punishable in
the Civil Code. Proper venue is with the proper courts.
For the nature of powers
Powers of administrative agencies according to nature are classified into three:
1. Limited jurisdiction – as you all have noticed, the powers of administrative agencies are
only limited to those expressly or necessarily implied by the Constitution or statutes.

2. Powers within their jurisdiction broad – Powers of administrative agencies are broad
enough for them to perform and effectuate the lawful purpose but they are not allowed to
manifestly abuse such powers, else the court may intervene.

3. Powers subect to the Constitution and applicable laws and regulation – the powers
exercised by administrative agencies are presumable constitutional. They are valid until
set aside by an appropriate court.