Midterms

Question 1

Administrative Law

Answer 1

Branch of public law which

a. fixes the organization
b. determines the competence of administrative authorities
c. indicates to the individual remedies for the violation of his rights

It is the branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the conduct of the individual for the purposes of promoting the well-being of the community.

Question 2

Administrative Agencies

Answer 2

Organs of the government other than a court and other than the legislature, which affects the rights of private parties either through adjudication or rule-making.

Question 3

When is a body or agency administrative?

Answer 3

When its function is primarily regulatory even if it conducts hearings and determines controversies to carry out its regulatory duty.

Question 4

Rule-making authority of administrative agencies

Answer 4

On its rule-making authority, it is administrative when it does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law. They are bodies endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it to carry out the laws entrusted it for enforcement or execution.

Question 5

Administrative Authorities

Answer 5

Those public officers and organs of the government that are charged with the amplification, application and execution of the law, but do not include, by virtue of the doctrine of separation of powers, the Congress and the Courts.

Question 6

Kinds of Administrative Law

Answer 6

1. Statutes setting up administrative authorities
2. Rules, regulations or orders of such administrative authorities promulgated pursuant to the purposes for which they were created
3. Determination, decisions and orders of such administrative authorities made in the settlement of controversies arising in their particular fields
4. Body of doctrines and decisions dealing with the creation, operation and effect of determinations and regulations of such administrative authorities

Question 7

Administration as a Function v. Administration as an Organ

Answer 7

Administration, as a function, is the execution in non-judicial matters of the law or will of the State as expressed by competent authority.

Administration, as an organization, is that group or aggregate of persons in whose hands the reins of the government are for the time being.

Question 8

Administration v. Government

Answer 8

Administration
- aggregate of those persons in whose hands the reins of government are entrusted by the people for the time being

Government

• institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a civilized state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them
• the aggregate of authorities which rule a society

Question 9

Administrative Law v. International Law

Answer 9

administrative law
- lays down the rules which shall guide the officers of the administration in their actions as agents of the government.

international law
- cannot be regarded as binding upon the officers of any government considered in their relation to their own government except insofar as it has been adopted into the administrative law of the state

Question 10

Administrative Law v. Constitutional Law

Answer 10

(1)

cl: prescribes the general plan or framework of governmental organization
al: gives and carries out this plan in its minutest details

(2)

cl: treats of the rights of the individual; lay stress upon rights
al: treats them from the standpoint of the powers of the government; emphasizes the powers of government and duties of the citizens

(3)

cl: prescribes limitations on the powers of the government to protect the rights of individuals against abuse in their exercise
al: indicates to individuals, remedies for the violation of their rights

(4)
Insofar as it fixes or regulates the administrative organization of the government, administrative law is the necessary supplement of constitutional law. But administrative law not only supplements constitutional law; it also complements constitutional law insofar as it determines the rules relative to the activity of the administrative authorities.

Question 11

Administrative Law v. Criminal Law

Answer 11

Criminal law or penal laws
- consist really of a body of penal sanctions which are applied to all branches of the law, including administrative law

A rule of law protected or enforced by a penal sanction may be really administrative in character, for indeed, one of the most common and efficient means of enforcing a rule of administrative law is to give it a penal sanction, and the mere affixing of a penalty to the violation of a rule of administrative law does not deprive such rule of its administrative character.

Question 12

Administrative Law v. Public Administration Law

Answer 12

Public administration
- has to do with the practical management and direction of the various organs of the State and the execution of state policies by the executive and administrative officers entrusted with such functions

Administrative law

• subject matter is public administration
• refers only to the external aspect of public administration
• narrower branch but it constitutes the bulk of the law of public administration
• administrative law covers all laws that concern public administration

*the two are apparently synonymous with each other. However, a highly technical distinction is observed between them.

Question 13

Division and Classification of Administrative Law

Answer 13

a. Internal Administration

b. External Administration

Question 14

Internal Administration

Answer 14

a. treats the legal relations between the government and its administrative officers, and of the legal relations that one administrative officer or organ bears to another
b. comprehends such topics as the nature of public office, de jure and de facto officers, and incompatible and forbidden officers
c. considers the legal aspects of public administration on its institutional side
d. includes the legal structure or organization of public administration; the legal aspects of its institutional activities, e.g., personnel, material, fiscal and planning activities; and the legal questions involved in overall management of these activities

Question 15

Give examples of topics involved in internal administration

Answer 15

a. legal qualifications for office
b. the legal disqualifications of officers
c. the appointment, tenure, removal, compensation, and pensioning of officers
d. the legal aspects of a hierarchical form of departmental organization
e. the legal relation of administrative superior to administrative subordinate
f. the legal relation between the power of removal and the power of direction or administrative management

Question 16

External Administration

Answer 16

Concerned with the legal relations between administrative authorities and private interests.

Question 17

4 parts of external administration

Answer 17

a. first, a survey of those powers and duties of administrative authorities that relate directly to private interests
b. second, an analysis of the scope and limits of such powers
c. third, some account of the sanctions attached to, or the means of enforcing, official determinations
d. fourth, an examination of the remedies against official action

Question 18

Administrative law is principally concerned with the problems of administrative regulation, rather than with those of administrative management. T or F.

Answer 18

True.

Question 19

Classification as to source

Answer 19

As to its source. — One classification not infrequently presented draws a line between the law that governs or controls them, and that which is made by the administrative agencies.

1. law that controls administrative authorities
   - constitution, statutes, judicial decisions, executive orders of the President, administrative orders of administrative superiors giving directions to administrative subordinates
2. law made by administrative authorities
   - both general regulations and particular determinations
   - it constitutes, under delegations of power embodied in statutory administrative law, an imposing and constantly expanding body of law
   - presidential proclamations issued under the flexible-tariff clause, rules of practice and decisions of administrative tribunals, cease-and-desist orders from Securities and Exchange Commission

Question 20

Classification as to its purpose

Answer 20

a. adjective or procedural administrative law
- establishes the procedure which an agency must or may follow in the pursuit of its legal purpose
- derived from the Constitution or a statute from agency regulations

b. substantive administrative law
- derived from the same sources but contents are different
- law establishes primary rights and duties, such as the conditions under which a broadcaster may operate or the labor practices in which employers and unions must not indulge

Question 21

Classification as to its applicability

Answer 21

As to its applicability. — The realization that administrative law is essentially the law that governs and is applied by all the administrative agencies, leads to another division that is necessary for practical reasons.

a. general administrative law
- part of administrative law which is of a general nature and common to all or most administrative agencies
- chiefly but not exclusively procedural law (remedies)
- includes such provisions which interpret the mandate of the Constitution that there must be “due process of law”
- establishes the doctrine of exhaustion of administrative remedies which make necessary (or render superfluous) a court trial de novo which provide for hearing examiners or which provide for judicial review

b. special or particular administrative law
- pertains to particular agencies
- proceeds from the particular statute creating the individual agency
- has little or no application except in connection with such agency
- procedural provisions that are to be applied only by a given agency in cases falling under its jurisdiction
- laws regulating immigration (prescribe conditions and restrictions under which aliens may be admitted to and excluded or deported from this country; how the government must proceed if it wishes to deport an alien; what administrative remedies the latter may exercise and within what time, etc.)

Question 22

Court Trial de Novo

Answer 22

In law, the expression trial de novo means a “new trial” by a different tribunal. A trial de novo is usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law.

Question 23

Administrative Agency v. Courts

Answer 23

(1)

aa: generally a large organization staffed by men who are deemed to be something of experts in their particular fields
c: tribunal which is presided by one or more jurists learned in the law

(2)

aa: performs a variety of functions
c: has only one function (judicial)

(3)

aa: uses a varying degree of discretion in arriving at decisions and often proceeds without being bound by technical rules of evidence or procedure
c: more or less governed by fixed rules in arriving at its decisions and bounds by the rules that no final adjudication is to be made until after due notice to the parties with opportunity for a full and fair hearing

Question 24

Relation between administrative agencies and courts

Answer 24

1. collaborative instrumentalities
   - in effecting the collaboration of courts and agencies, courts may entertain action brought before them, but call to their aid the appropriate administrative agency on questions within its administrative competence
2. role of courts
3. discharge of judicial role

Question 25

Nature and Organization of Administrative Agencies

Answer 25

1. Creation, and

Question 26

Role of Courts in Relation to Administrative Law

Answer 26

a. to accommodate the administrative process to the traditional judicial system b. to accommodate private rights and the public interest in the powers reposed in administrative agencies c. to reconcile in the field of administrative action, democratic safeguards and standards of fair play with the effective conduct of government

Question 27

What must the courts aim in the discharge of their judicial role?

Answer 27

a. to maintain the Constitution by seeing that powers are not unlawfully vested in administrative agencies b. to maintain the constitutional and statutory rights of persons by seeing that powers lawfully vested in administrative agencies are lawfully exercised but without abdicating their judicial responsibility c. to give due deference to the role of the administrative agencies, and not to usurp or unwarrantedly limit the powers and functions lawfully vested in them, or interfere with the proper exercise of their valid powers d. to lend the powers of the court to the proper attainment of the valid objectives of the administrative agency e. to leave to the legislature or the people the remedy for administrative action which may be unwise or undesirable but is within the lawful powers of the agency. The courts are not the advisers of administrative agencies

Question 28

Creation of administrative agencies

Answer 28

a. some are created by or receive their powers from constitutional provisions which may be self-executing but most of them have their source in legislative enactments b. establishment of powers and functions which may be bestowed upon them c. constitutional restrictions which apply to any legislative act

Question 29

Congress does not have the power to create and act through administrative agencies. T or F.

Answer 29

False

Question 30

The Executive has power to create administrative agencies, especially investigative agencies, and particularly under statutes so providing. T or F.

Answer 30

True.

Question 31

Duly executed acts of an administrative agency can have valid effects even beyond the lifespan of said agency. T or F.

Answer 31

True.

Question 32

Administrative agencies of statutory origin are subject to expansion or contraction of their powers and functions, or to reorganization or abolition at the will of Congress, hamstrung only by constitutional limitations. T or F.

Answer 32

True.

Question 33

At various times, Congress has vested power in the President to reorganize executive agencies and redistribute functions, and particular transfers under such statutes have been held to be within the authority of the President.

Answer 33

a. when the purpose of a statute is to abolish a department or an office or an organization and to replace it with another one, the lawmaking authority says so (e.g., is abolished; shall cease to exist) b. Presidential Decree No. 1341 which "converted" the former Philippine College of Commerce into a University to be known as Polytechnic University of the Philippines, did not abolish the PCC. If the law intended the PCC to lose its existence, it would have specified that the PCC was being "abolished," and the PUP to be a new institution, it would have said that PUP was being "created." What took place was a change in academic status of PCC. Hence, the change in its name, the expansion of its curricular offerings, and the changes in its structure and organization. c. Congress can delegate the power to create positions. d. Well-settled is the rule that reorganization is regarded as valid provided it is pursued in good faith.

Question 34

Characteristics of Administrative Agencies

Answer 34

a. size b. specialization c. responsibility for results d. administrative duties

Question 35

Size of Administrative Agencies

Answer 35

Many are necessarily large. Size reflects both their nationwide jurisdiction and the character of their work. - in terms of personnel - number of cases handled

Question 36

Specialization of Administrative Agencies

Answer 36

Their staffs become specialized from experience or include persons with technical or professional training. Such specialization is also necessary to allow members to speed up the process by knowing their way around informal methods.

Question 37

Members of a regulatory board or commission need to be specialists. T or F.

Answer 37

False. What matters is how to bring the available technical resources to bear so as to reduce the points of controversy to an understandable record for agency decision and judicial review.

Question 38

Responsibility for results

Answer 38

A particular administrative agency is charged by Congress with accomplishing a particular statutory end.

Question 39

Agencies cannot take a wholly passive attitude towards the issues which come before them. T or F.

Answer 39

True. They cannot, like the courts, sit passively until some plaintiff takes the initiative.

Question 40

Agencies shall take a purely neutral attitude toward accomplishment of the task with which they are charged. T or F.

Answer 40

False.

Question 41

Types of Administrative Agencies

Answer 41

a. Bodies offering some gratuity, grant or special privilege b. Bodies seeking to carry on certain of the actual business of government c. Bodies performing some business service for the public d. Bodies seeking to regulate business affected with public interest e. Bodies seeking under the police power of the State to regulate private business and individuals f. Bodies seeking to adjust individual controversies because of a strong social policy involved g. Bodies set up to make the government a private party

Question 42

Administrative agencies according to their purposes

Answer 42

a. those created to function in situations wherein the government is offering some gratuity, grant, or special privilege - Philippine Veterans Administration, GSIS, SSS, Public Attorney's Office, Philippine Medical Care Commission, etc. b. those set up to function in situations wherein the government is seeking to carry on certain functions of government - BIR, Bureau of Customs, Bureau of Immigration, Land Registration Authority c. those set up to function in situations wherein the government is seeking to regulate businesses affected with public interest - Insurance Commission, Bureau of Air Transportation, Land Transportation Franchising and Regulatory Board (LTFRB), Energy Regulatory Board, Bureau of Mines and Geo-Sciences, National Telecommunications Commission, Housing and Land Use Regulatory Board d. those set up to function in situations wherein the government is seeking under the police power to regulate private businesses and individuals - Securities and Exchange Commission, Movie and Television Review and Classification Board, Games and Amusement Board, Dangerous Drugs Board, Bureau of Trade Regulation and Consumer Protection e. those agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved - National Labor Relations Commission, Employees Compensation Commission, Social Security Commission, Securities and Exchange Commission, Department of Agrarian Reform, Commission on Audit

Question 43

Administrative agencies may fall under more than one type. T or F.

Answer 43

True.

Question 44

Instrumentality

Answer 44

Any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. - regulatory agencies, chartered institutions, government-owned or controlled corporations

Question 45

Regulatory Agency

Answer 45

Any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council.

Question 46

Chartered Institution

Answer 46

Any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. - includes state universities and colleges and the monetary authority of the State

Question 47

Government-owned or controlled corporation

Answer 47

Any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government directly or through its instrumentalities either wholly, or, where applicable as in the case of stock corporations, to the extent of at least 51% of its capital stock PROVIDED, that government-owned or controlled corporations may be further categorized by the Department of the Budget, the Civil Service Commission, and the Commission on Audit for purposes of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations.

Question 48

Department

Answer 48

An executive department created by law. Any instrumentality having or assigned the rank of a department, regardless of its name or designation.

Question 49

Office

Answer 49

Refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation.

Question 50

Office of the President

Answer 50

1. Office of the President Proper a. Private Office b. Executive Office c. Common Staff Support System d. Presidential Special Assistants/Advisers System 2. Agencies under the Office of the President - offices under the chairmanship of the President - those under supervision and control of the President - those under the administrative supervision of the Office of the President - those attached to it for policy and proper coordination - those that are not placed by law or order creating them under any special department 3. President - shall have continuing authority to reorganize the administrative structure of the Office of the President

Question 51

Duty of the Executive Secretary

Answer 51

Carry out the functions assigned by law to the Executive Office and shall perform such other duties as may be delegated to him by the President, subject to the control and supervision of the President.

Question 52

Private Office

Answer 52

Shall provide direct services to the President and shall attend to functions and matters that are personal or which pertain to the First Family

Question 53

Executive Office

Answer 53

Headed by the Executive Secretary + Deputy Executive Secretaries and Assistant Executive Secretaries Office shall be fully responsive to the specific needs and requirements of the President to achieve the purposes and objectives of the Office.

Question 54

Common Staff Support System

Answer 54

Embraces the offices or units under the general categories of development and management, general government administration and internal administration

Question 55

Presidential Special Assistants/Advisers System

Answer 55

Includes such special assistants or advisers as may be needed by the President; shall provide advisory or consultative services to the President in such fields and under such conditions as the President may determine

Question 56

Actions the President may do in his authority to reorganize the administrative structure of the Office of the President

Answer 56

a. restructure the internal organization of the Office of the President Proper (including the immediate Offices, the Presidential Special Assistants/Advisers System, and the Common Staff Support System) by abolishing, consolidating or merging units thereof or transferring functions from one unit to another b. transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies c. transfer agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other departments or agencies

Question 57

Every Secretary shall be assisted by such number of Undersecretaries as may be provided for by the Code or by law. T or F.

Answer 57

True.

Question 58

Major staff units of each department

Answer 58

a. Planning Service b. Financial and Management Service c. Administrative Service d. Technical and the Legal Services (when necessary)

Question 59

Each Department shall have jurisdiction over bureaus, offices," regulatory agencies and government corporations assigned to it by law, in accordance with the applicable relationships as defined in Chapters 7, 8, and 9 of the Code. T or F.

Answer 59

True

Question 60

The President shall, by executive order, assign offices and agencies not otherwise assigned by law to any department, or indicate to which department a government corporation or board may be attached. T or F.

Answer 60

True.

Question 61

Duty of the Secretary

Answer 61

The authority and responsibility for the exercise of the mandate of the Department and for the discharge of its powers and functions shall be vested in the Secretary, who shall have supervision and control of the Department.

Question 62

Duty of the Undersecretary

Answer 62

The Undersecretary shall, among others, advise and assist the Secretary in the formulation and implementation of department objectives and policies. He shall temporarily discharge the duties of the Secretary in the latter's absence or inability to discharge his duties for any cause or in case of vacancy of the said office, unless otherwise provided by law.

Question 63

Duty of the Assistant Secretary

Answer 63

The Assistant Secretary shall perform such duties and functions as may be provided by law or assigned to him by the Secretary.

Question 64

Bureau

Answer 64

Any principal subdivision or unit of any department. - includes any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices - any principal subdivision of the department performing a single major function or closely related functions Each Bureau shall be headed by a Director who may have one or more Assistant Directors as provided by law. It may have as many divisions as are provided by law for the economical, efficient and effective performance of its functions.

Question 65

Powers and duties of heads of bureaus or offices

Answer 65

a. chief executive officer b. shall exercise overall authority in matters within the jurisdiction of the bureau, office or agency, including those relating to its operations, and enforce all laws and regulations pertaining to it c. shall appoint personnel to all positions in his bureau or office, in accordance with law. In the case of the line bureau or office, the head shall also appoint the second level personnel of the regional offices, unless such power has been delegated d. shall have the authority to discipline employees in accordance with the Civil Service Law e. he may, in the interest of economy, designate the assistant head to act as chief of any division or unit within the organization, in addition to his duties, without additional compensation f. He shall, consistent with law, rules and regulations, prescribe the form and fix the amount of all bonds executed by private parties to the government under the laws pertaining to his bureau or office g. shall pass on the sufficiency of the security and retain possession of the bond h. shall prescribe forms and issue circulars or orders to secure the harmonious and efficient administration of his bureau or office and to carry into full effect the laws relating to matters within his jurisdiction. Penalties shall not be prescribed in any circular or order for its violation, except as expressly allowed by law f. he is authorized to issue orders regarding the administration of its internal affairs for the guidance of or compliance by its officers and employees

Question 66

Staff bureau v. Line bureau

Answer 66

Staff bureau - shall primarily perform policy, program development and advisory functions. It shall avail itself of the planning, financial and administrative services in the department proper, if circumstances so warrant Line bureau - shall directly implement programs adopted pursuant to department policies and plans. It may have staff units, as may be necessary, corresponding to the services of the department proper. If the Bureau is small, only a single unit performing combined staff functions may be provided

Question 67

Duties of the Director of a staff bureau

Answer 67

1. advise and assist the Office of the Secretary on matters pertaining to the Bureau's area of specialization 2. provide consultative and advisory services to the regional offices of the department 3. develop plans, programs, operating standards, and administrative techniques for the attainment of the objectives and functions of the bureau 4. perform such other duties as may be provided by law

Question 68

Duties of the Director of a line bureau

Answer 68

1. exercise supervision and control over all divisions and other units, including regional offices, under the bureau 2. establish policies and standards for the operations of the bureau pursuant to the plans and programs of the department 3. promulgate rules and regulations necessary to carry out bureau objectives, policies and functions 4. perform such other duties as may be provided by law

Question 69

Power v. Function

Answer 69

Power: means by which a function is fulfilled Function: is that which one is bound or which it is one's business to do

Question 70

The source of the powers of administrative agencies lies in statutes under which they claim to act. T or F.

Answer 70

True.

Question 71

Statutes conferring powers on administrative agencies must be liberally construed. T or F.

Answer 71

True.

Question 72

Powers of Administrative Agencies

Answer 72

a. express and implied powers b. inherent or implied powers c. quasi-legislative or rule-making power - The power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of non-delegability and separation of powers.

Question 73

Unless expressly empowered, administrative agencies are bereft or deprived of quasi-judicial powers. T or F.

Answer 73

True.

Question 74

The jurisdiction of administrative can be conferred upon themselves. T or F.

Answer 74

False. The jurisdiction of administrative authorities is dependent entirely upon the provisions of the statute reposing power in them; they cannot confer it upon themselves.

Question 75

Kinds of Administrative Rules or Regulations

Answer 75

a. Supplementary - detailed legislation or rule-making by reason of particular delegation of authority b. Interpretative - rule-making by the construction and interpretation of a statute being administered c. Contingent - or determination, under delegated power, whether a statute shall go into effect

Question 76

Doctrine of Non-Delegation of Legislative Powers

Answer 76

The doctrine of non-delegation of powers is based on the maxim “Potestas Delegata non Potest Delegare,” which is an ethical principle that delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another.

Question 77

Requisites of Valid Delegation to Administrative Bodies

Answer 77

(a) issued under authority of law; (b) within the scope and purview of the law; (c) reasonable; and (d) publication Additional Requisites if with Penal Sanctions: (a) the law must itself declare as punishable the violation of the administrative rules or regulation; and (b) the law should define or fix the penalty for the violation of the administrative rule or regulation.

Question 78

Tests for Valid Delegation

Answer 78

a. Completeness Test – The Law must be in all its essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except to enforce it. b. Sufficient Standard Test – Intended to map out the boundaries of the delegate’s authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected. This is intended to prevent a total transference of legislative power from the legislature to the delegate. The standard is usually indicated in the law delegating legislative power.

Question 79

Investigatory Powers

Answer 79

a. to inspect the records and premises, and b. investigate the activities of persons or entities coming under its jurisdiction or c. to secure, or to require the disclosure of information by means of accounts, records, reports, statements, testimony of witnesses, production of documents, or otherwise

Question 80

An administrative agency or official may initiate an investigation on a complaint or on its own motion. T or F.

Answer 80

True.

Question 81

Investigations cannot be held in private. T or F.

Answer 81

False. Investigations are usually, and may properly be held in private. Investigations must be so conducted that harmful publicity will not be used in lieu of sanctions provided by law.

Question 82

Among the investigatory powers conferred upon administrative agencies is the power, for specific purposes, to enter premises and inspect or examine such premises or things or operations therein, particularly books and records. Some statutes authorize administrative agencies to enter and inspect such places and such records as they may deem necessary or appropriate to determine whether any person has violated any provision of the act being administered or which may aid in the enforcement of the act. T or F.

Answer 82

True.

Question 83

Quasi-Judicial or Adjudicatory Power

Answer 83

Actions or discretion of public administrative officers or bodies that are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action and to exercise discretion of a judicial nature. Where power rests in judgment or discretion, so that it is of judicial nature or character, but does not involve the exercise of functions of a judge, or is conferred upon an officer other than a judicial officer, it is deemed quasi-judicial.

Question 84

Agencies are not considered courts; they are neither part of the judicial system nor are they deemed judicial tribunals. T or F.

Answer 84

True.

Question 85

Requisites of Administrative Due Process

Answer 85

a. right to a hearing b. tribunal must consider evidence presented c. decision must have something to support itself d. evidence must be substantial e. decision must be based on the evidence adduced at the hearing, or at least contained in the record and disclosed to the parties f. the Board or its judges must act on its or their independent consideration of the facts and the law of the case, and not simply accept the views of a subordinate in arriving at a decision g. decision must be rendered in such a manner that the parties to the controversy can know the various issues involved and the reasons for the decision rendered

Question 86

Quasi-judicial or Adjudicatory Power v. Quasi-Legislative and Investigative Powers

Answer 86

INVESTIGATE - to examine, explore, inquire or delve or probe into, research on, study - purpose: to discover, to find out, to learn, obtain information ADJUDICATE - to settle in the exercise of judicial authority - to determine finally - synonymous with adjudge in its strictest sense - adjudge: to pass on judicially, to decide, settle, or decree, or to sentence or condemn, implies a judicial determination of a fact, and the entry of a judgment