POLITICAL LAW AND PUBLIC INTERNATIONAL LAW
XIII. ADMINISTRATIVE LAW
C. Powers of Administrative Agencies
1. Quasi-Legislative or Rule-Making Power
a. Kinds of Administrative Rules and Regulations

Administrative agencies in the Philippines possess powers and duties primarily delegated to them by statutes. Among these powers is the quasi-legislative function or rule-making power. This allows agencies to issue rules and regulations that have the force and effect of law, provided they are within the bounds of the authority granted to them by the enabling statute.

1. Quasi-Legislative or Rule-Making Power

Quasi-legislative power is the authority delegated to administrative agencies to promulgate rules and regulations necessary to implement the law. This is essential for the proper functioning of agencies because it allows them to fill in the details and operationalize legislative intent.

Rule-making is necessary for administrative bodies to perform their functions effectively because statutes enacted by Congress are often broad and general. Administrative rules supplement these statutes by providing the specifics necessary for implementation.

Administrative rules have the same binding force as laws enacted by Congress if they meet the following requisites:

The rule must be within the scope of the statutory authority conferred upon the administrative agency – It cannot go beyond the law it seeks to implement.
It must be reasonable and consistent with the law – Rules cannot be arbitrary or capricious, and they must uphold the purposes and objectives of the enabling statute.
Due process in the promulgation of rules must be observed – This includes public notice and hearing when necessary.

2. Kinds of Administrative Rules and Regulations

There are several types of administrative rules and regulations that agencies can issue, depending on their nature, scope, and effect. These can be categorized into the following:

a. Legislative Rules (Substantive Rules)

Legislative rules are issued by administrative agencies pursuant to the delegation of legislative power. These rules have the force and effect of law because they are intended to implement, enforce, or interpret the law.

Characteristics:

They bind the public and the government.
These rules are enforceable in the same way as a statute.
They usually require notice and public hearing prior to promulgation (in accordance with the Administrative Code or statutes such as the Administrative Procedure Act).
Example: The implementing rules and regulations (IRRs) of statutes issued by government agencies.

b. Interpretative Rules

Interpretative rules are issued by an administrative agency to clarify or interpret the provisions of a statute without adding any new provisions. Unlike legislative rules, interpretative rules do not have the force of law. Instead, they provide guidance on how the agency understands or applies the law.

Characteristics:

No need for notice and hearing in their promulgation.
These rules merely state what the agency believes the law means or how it applies.
They are not binding on the courts, although they may be given persuasive effect.

Example: Circulars or advisory opinions issued by the Bureau of Internal Revenue (BIR) to clarify provisions of the Tax Code.

c. Procedural Rules

Procedural rules are issued by administrative agencies to regulate the internal procedures or the process by which agencies conduct their affairs, including how they handle administrative cases.

Characteristics:

These rules govern the agency’s methods of operation or decision-making process.
They do not affect the substantive rights of the parties.
Procedural rules are generally binding and enforceable as long as they are reasonable and consistent with due process.

Example: Rules of procedure issued by the Civil Service Commission (CSC) in handling administrative complaints against government employees.

d. Informal or Non-Legislative Rules

These are rules or guidelines issued by administrative agencies that do not have the force and effect of law. They include memoranda, bulletins, and press releases, which are used to inform the public or guide the agency’s employees but are not binding.

Characteristics:

These are not strictly enforceable against the public.
They are often used for internal guidance within the agency or for educational purposes.

Example: Memoranda from the Department of Health (DOH) advising hospitals on best practices for public health.

e. Hybrid Rules

Hybrid rules combine both legislative and interpretative functions. These rules, while not having the full force of law, may be used to fill gaps in the statutory framework and to clarify specific statutory provisions. They occupy a middle ground between legislative and interpretative rules.

Example: Guidelines issued by the Commission on Elections (COMELEC) to implement portions of the Omnibus Election Code that require interpretation.

3. Limits on Quasi-Legislative Power

The rule-making power of administrative agencies is not unlimited. Several legal doctrines and principles control the exercise of quasi-legislative authority:

a. Doctrine of Subordinate Legislation

Administrative agencies cannot enact rules that go beyond the scope of the legislative mandate. The rule-making power is always subordinate to the statute, and rules must be confined to what the law allows. Agencies must avoid ultra vires (beyond the powers) regulations.

b. Non-Delegation Doctrine

While Congress may delegate rule-making authority to administrative agencies, this delegation must be done with clear standards to guide the agency. The law delegating the authority must specify the scope and limits of the power delegated. Otherwise, it may violate the non-delegation doctrine enshrined in the Constitution.

c. Due Process

The issuance of administrative rules, especially those that affect the rights of individuals or entities, must comply with procedural due process. The Administrative Code of 1987 and the Administrative Procedure Act (R.A. No. 386) prescribe the procedures that must be followed for valid rule-making, including the publication of proposed rules, providing an opportunity for comment, and holding public hearings when necessary.

d. Judicial Review of Rules and Regulations

Administrative rules are subject to judicial review. Courts can invalidate administrative rules if they are found to be:

Unconstitutional – Rules must comply with the provisions of the Constitution.
Ultra Vires – Rules that exceed the scope of the authority granted by the enabling statute will be struck down.
Arbitrary or Capricious – Rules that are not based on substantial evidence, are unreasonable, or are promulgated without adequate justification can be invalidated.

4. Conclusion

The rule-making power of administrative agencies, a vital part of the Philippine administrative law system, ensures the effective implementation of laws enacted by Congress. By issuing rules and regulations, administrative agencies provide detailed frameworks that are necessary for the proper operation of government policies. However, this power is carefully circumscribed by legal principles that ensure that agencies act within the bounds of their statutory mandates and respect the rights of individuals and entities. Quasi-legislative authority must always align with legislative intent, constitutional norms, and the principles of fairness and due process.