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Report for Unit V

The document outlines the administrative rule-making powers of the President of the Philippines, emphasizing the executive power vested in the President and the alter ego principle, which allows executive functions to be performed through department heads. It also discusses the quasi-legislative authority of administrative agencies to create rules and regulations under legislative delegation, requiring completeness and sufficient standards. Additionally, it details the Supreme Court's rule-making authority, including limitations to ensure procedural efficiency and uniformity without altering substantive rights.

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6 views

Report for Unit V

The document outlines the administrative rule-making powers of the President of the Philippines, emphasizing the executive power vested in the President and the alter ego principle, which allows executive functions to be performed through department heads. It also discusses the quasi-legislative authority of administrative agencies to create rules and regulations under legislative delegation, requiring completeness and sufficient standards. Additionally, it details the Supreme Court's rule-making authority, including limitations to ensure procedural efficiency and uniformity without altering substantive rights.

Uploaded by

linobulusan
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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UNIT V:

ADMINISTRATIVE RULE
MAKING POWERS

By: Benjamin G. Campañano III


President and the alter ego
principle
Powers of the President:
1. The executive power shall be vested in the President
of the Philippines (Sec 1, Art VII, 1987 Const.) The
executive power is the power to enforce and administer
the laws. As the administrative head of the government,
the president is vested with the power to execute,
administer, and carry out laws into practical operation
(NEA vs. CA, G.R. No. 143481, Feb. 15, 2002).

2. The power of control - The president shall have


control of all the executive departments, bureaus, and
offices (Sec 17, Art VII, 1987 Constitution)
The alter ego principle, also known as
the “doctrine of qualified political
agency”
This doctrine recognizes the establishment of a single executive; all
executive and administrative organizations are adjuncts of the
Executive Department, the heads of the various executive
departments are assistants and agents of the Chief Executive, and
except in cases where the Chief Executive is required by the
Constitution or law to act in person, or the exigencies of the
situation demand that he act personally, the multifarious executive
and administrative functions of the Chief Executive are performed
by and through the executive departments, and the acts of the
Secretaries of such departments performed and promulgated in the
regular course of business are, unless disapproved or reprobated by
the Chief Executive, presumptively the acts of the Chief Executive.
Legislative Rule-Making
Authority
Quasi-legislative or rule-making power is one of the
essential functions exercised by administrative agencies. It
refers to the authority delegated to administrative bodies by
the legislature to create rules and regulations that have the
force and effect of law.

Quasi-legislative power is the power to make rules and


regulations that result in delegated legislation within the
confines of the granting statute and the doctrine of non-
delegability and separation of powers (Holy Spirit Homeowners
Asso. vs. Secretary Defensor, G.R. No. 163980, Aug. 3, 2006).
Administrative agencies may exercise quasi-legislative powers only if
there exists a law that delegates these powers to them. The delegation
of this rule-making power is founded on the principle that Congress
cannot foresee every detailed situation that may arise and must rely on
specialized administrative agencies to formulate specific rules to
implement the law.

This delegation of power is considered constitutional as long as it meets


the following two requirements:
• Completeness Test – The law must be complete in itself, setting forth
the policy to be executed by the administrative agency.

• Sufficient Standard Test – The law must provide adequate


guidelines or standards that limit the agency's discretion in exercising
its rule-making power.
C. Judicial Rule - Making
Authority of the Supreme Court
The power to 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 underprivileged.
Limitations on the rule-making
power of the Supreme Court:
1.The rules must provide a simplified and inexpensive
procedure for the speedy disposition of cases;

2.The rules must be uniform for all courts of the same


grade/level; and

3.The rules must not diminish, increase, or modify


substantive rights.

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