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

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