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Administrative Law, Completeness Standard #, Sufficient Standard Test #…

- - - - Validity of Administrative Issuance
        
        Authorized by legislature;
        
        Promulgated in accordance with the prescribed procedure;
        
        Within the scope of the legislative authority; and
        
        Reasonable.
        
        Administrative Agency-Issued Rules and Regulations
        
        Interpretative Rule
        It construes or interprets the primary legislation to be implemented. It is incidental to the power to execute the law.
        Its applicability needs nothing further than its bare issuance for it gives no real consequence more than what the law itself has already prescribed.
        
        Legislative Rule
        It implements the primary legislation by providing the details thereof.
        It is an exercise of delegated legislative power.
        
        Contingent Rule
        The interpretative rule that is applicable only to a specific set of facts.
        
        Administrative Rule with Penal Sanctions
        Can contain a penal sanction but it cannot criminalize on its own. It is NOT a criminal administrative issuance.
        
        President's Power of Executive Control
        
        Delegated legislative authority
        The power to issue implementing rules creates rights and obligations that affect the public at large.
        
        Ordinance-making power
        The authority to issue "intra-branch orders and instructions or internal rules for the executive branch," which do not bind the public.
  - - - Test for determining whether an administrative body is exercising judicial or merely investigatory functions: adjudication signifies the exercise of the power and authority to adjudicate upon the rights and obligations of the parties.
    - - It does not make binding pronouncements as to a party's rights and/or obligations as a result of a conflict or controversy.
      - Covers an agency’s grant or denial of applications, licenses, permits, and contracts which are executive and administrative in nature.
  - - - Authorized by legislature
      - In accordance with the prescribed procedure
      - Within the scope of the legislative authority
      - Reasonable
    - - Creatures of law
      - Sources its powers/functions from enabling statutes and/or law.
      - vis-à-vis arbitration
        It is adjudication but not quasi-judicial because it empowered by contracts
    - - To investigate facts;
      - To hold hearings; and
      - To draw conclusions from them as a basis for their official actions
    - - Jurisdiction
      - Due Process
      - Notice and Hearing
  - - - Employers Confederation of the Philippines v. National Wages and Productivity Commission (1991): The Congress, through the Wage Rationalization Act, delegated the power to fix wages the same way they delegated to fix rates.
        This is seen in the floor-wage method and the salary-ceiling method.
- - - - To take full advantage of administrative expertness
      - To attain uniformity of application of regulatory laws
- - - - Mode of appeal
      - GENERAL
        QJ acts from the Ombudsman
        
        EXCEPTION
        Minor cases.
        
        Absolved government employee;
        
        Penalty is public censure or reprimand; and
        
        One (1) month suspension OR fine = one (1) month salary
    - - Remedy 1: Ordinary civil action for certiorari or prohibition
        
        Requisites for a Certiorari to prosper
        
        Directed against a tribunal, a board or any officer exercising judicial or quasi-judicial functions;
        
        Such tribunal, board or officer has acted without or in excess of jurisdiction, or with GADALEJ; and
        
        No appeal nor any plain, speedy and adequate remedy in the ordinary course of law
        
        extraordinary process for the correction of errors of jurisdiction
        
        Legal Basis: Rules of Court
      - Remedy 2: Expanded Certiorari Power
        
        Legal Basis: The 1987 Constitution
        
        GADALEJ is an element
  - - - used to assail quasi-legislative acts, e.g. IRR, Admin issuance, Admin circular
    - - It can be invoked only in situations where the nullification of the effects of what used to be a valid law would result in inequity and injustice.