-An administrative body/agency is any government authority, other than a court and a legislature, that affects the state and its citizens through rule-making, adjudication, and implementation. Its functions are primarily executive but it exercises some form of legislative and judicial powers.
Nature of Administrative Agency
-An administrative agency is a general term that covers any government authority that can act as:
an executive body that serves public interests, which is the reason (rationale) for its existence; it shall not represent any private interests.
a quasi-legislative body that establishes and prescribes rules and regulations to implement the law; it shall not have absolute discretion to determine or change the law.
a quasi-judicial body that conducts hearings and decides on cases; it shall not have inherent powers of a pure judicial court, and its proceedings shall not be bound by all the rules applicable to proceedings in court.
The administrative agencies act as a mechanism that provides expertise and organizational capability for the three branches of government.
Types of Administrative Agency
-The administrative agencies are classified into:
Agencies set up to function in situations wherein the government is offering some gratuity, grant, or special priviledge; such as PVAO, NARRA, etc.
Agencies set up to function in situations wherein the government is seeking to carry on certain government functions; such as BIR, BI, CSC, COMELEC, BSP, etc.
Agencies set up to function in situations wherein the government is performing some business service for the public; such as PHILPOST, PNR, MWSS, CAAP, CAB, etc.
Agencies set up to function in situations wherein the government is seeking to regulate industry, business, or private individuals; such as FDA, PhilFIDA, SEC, MTRCB, PRC, IPOPHL, etc.
Agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved; such as BALA, BLR, BWSC, ECC, PCW, etc.
Powers and Functions of Administrative Agency
-The powers and functions of administrative agency are defined in the Constitution, the laws or both.
The powers of an administrative agency are:
Executive power - the authority to implement or carry out the policy set out in the law or statute.
Quasi-legislative power - the authority to adopt rules and regulations intended to better carry out the policy; the function of rule-making.
Quasi-judicial power - the authority to hear and decide on cases in the performance of duty and to enforce its decisions according to the law; the function of adjudication.
Incidental power - the authority necessary to effectively carry out the above express powers; the use of enabling, directing, dispensing, examining and prosecuting functions. It is often referred to as the determinative power.
The scope of such powers are:
expressly granted by the legislation and those necessarily implied in the exercise thereof.[2]
deprived of quasi-judicial powers unless it is expressly granted.[3]
liberally interpreted by legislation to enable the accomplishment of assigned duties in accordance with the legislative purpose.[4]
It is considered unconstitutional for an administrative agency to act outside of its scope.
Explanation:
sorrypo kung mahaba d ko po kac alm kung anong agency summarizemo na lng po☺️❤️
Answers & Comments
Answer:
-An administrative body/agency is any government authority, other than a court and a legislature, that affects the state and its citizens through rule-making, adjudication, and implementation. Its functions are primarily executive but it exercises some form of legislative and judicial powers.
-An administrative agency is a general term that covers any government authority that can act as:
an executive body that serves public interests, which is the reason (rationale) for its existence; it shall not represent any private interests.
a quasi-legislative body that establishes and prescribes rules and regulations to implement the law; it shall not have absolute discretion to determine or change the law.
a quasi-judicial body that conducts hearings and decides on cases; it shall not have inherent powers of a pure judicial court, and its proceedings shall not be bound by all the rules applicable to proceedings in court.
The administrative agencies act as a mechanism that provides expertise and organizational capability for the three branches of government.
-The administrative agencies are classified into:
Agencies set up to function in situations wherein the government is offering some gratuity, grant, or special priviledge; such as PVAO, NARRA, etc.
Agencies set up to function in situations wherein the government is seeking to carry on certain government functions; such as BIR, BI, CSC, COMELEC, BSP, etc.
Agencies set up to function in situations wherein the government is performing some business service for the public; such as PHILPOST, PNR, MWSS, CAAP, CAB, etc.
Agencies set up to function in situations wherein the government is seeking to regulate industry, business, or private individuals; such as FDA, PhilFIDA, SEC, MTRCB, PRC, IPOPHL, etc.
Agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved; such as BALA, BLR, BWSC, ECC, PCW, etc.
-The powers and functions of administrative agency are defined in the Constitution, the laws or both.
The powers of an administrative agency are:
Executive power - the authority to implement or carry out the policy set out in the law or statute.
Quasi-legislative power - the authority to adopt rules and regulations intended to better carry out the policy; the function of rule-making.
Quasi-judicial power - the authority to hear and decide on cases in the performance of duty and to enforce its decisions according to the law; the function of adjudication.
Incidental power - the authority necessary to effectively carry out the above express powers; the use of enabling, directing, dispensing, examining and prosecuting functions. It is often referred to as the determinative power.
The scope of such powers are:
expressly granted by the legislation and those necessarily implied in the exercise thereof.[2]
deprived of quasi-judicial powers unless it is expressly granted.[3]
liberally interpreted by legislation to enable the accomplishment of assigned duties in accordance with the legislative purpose.[4]
It is considered unconstitutional for an administrative agency to act outside of its scope.
Explanation:
sorry po kung mahaba d ko po kac alm kung anong agency summarize mo na lng po☺️❤️