E-Library - Information At Your Fingertips: Printer Friendly
5 of 48
http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63027
intended to carry out the provisions of law and implement legislative policy.[18] "[A]
legislative rule is in the nature of subordinate legislation, designed to implement a
primary legislation by providing the details thereof."[19] The exercise by the
administrative body of its quasi-legislative power through the promulgation of
regulations of general application does not, as a rule, require notice and hearing.
The only exception being where the Legislature itself requires it and mandates that
the regulation shall be based on certain facts as determined at an appropriate
investigation.[20]
Quasi-judicial power, on the other hand, is known as the power of the
administrative agency to determine questions of fact to which the legislative policy is
to apply, in accordance with the standards laid down by the law itself.[21] As it
involves the exercise of discretion in determining the rights and liabilities of the
parties, the proper exercise of quasi-judicial power requires the concurrence of two
elements: one, jurisdiction which must be acquired by the administrative body and
two, the observance of the requirements of due process, that is, the right to
notice and hearing.[22]
On the argument that the certification proceedings were conducted by the FDA in the
exercise of its "regulatory powers" and, therefore, beyond judicial review, the Court
holds that it has the power to review all acts and decisions where there is a
commission of grave abuse of discretion. No less than the Constitution decrees that
the Court must exercise its duty to ensure that no grave abuse of discretion
amounting to lack or excess of jurisdiction is committed by any branch or
instrumentality of the Government. Such is committed when there is a violation of
the constitutional mandate that "no person is deprived of life, liberty, and property
without due process of law." The Court's power cannot be curtailed by the FDA's
invocation of its regulatory power.
In so arguing, the respondents cited Atty. Carlo L. Cruz in his book, Philippine
Administrative Law.
Lest there be any inaccuracy, the relevant portions of the book cited by the
respondents are hereby quoted as follows:
x x x.
B. The Quasi-Judicial Power
xxx
2. Determinative Powers
To better enable the administrative body to exercise its quasi judicial
authority, it is also vested with what is known as determinative powers
and functions.
4/21/2020, 9:19 AM