Political and Public International Law › Administrative Law › Powers of Administrative Agencies › Quasi-legislative or Rulemaking Power
a. Kinds of Administrative Rules and Regulations
As to source:
| Law That Controls Admin. Bodies | Law Made By Admin. Authorities |
| Constitution, statutes, judicial decisions, E.O.s, A.O.s, etc. | General regulations issued through rulemaking. Particular determinations are made through adjudication and are not administrative rules. (Administrative Code of 1987, Book VII, Chapters 2 and 3.) |
Publication
Every agency shall file with the Office of the National Administrative Register ONAR in the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from the date shall not thereafter be the basis of any sanction against any party or persons. (Section 3 of Chapter 2, Book VII of the Administrative Code of 1987)
These requirements of publication and filing were put in place as safeguards against abuses on the part of lawmakers and as guarantees to the constitutional right to due process and to information on matters of public concern and, therefore, require strict compliance. (Republic v. Pilipinas Shell, G.R. No. 173918, April 8, 2008)
However, not all rules and regulations adopted by every government agency are to be filed with the UP Law Center. Only those of general or of permanent character are to be filed. According to the UP Law Center’s guidelines for receiving and publication of rules and regulations, interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the Administrative agency and not the public, need not be filed with the UP Law Center. (The Board of Trustees of the GSIS v. Velasco, G.R. No. 170463, Feb. 2, 2011)
Authorities
- Administrative Code of 1987, Sec. 3
- Board of Trustees of the Government Service Insurance System v. Velasco, G.R. No. 170463, 26 December 2011
- Republic v. Pilipinas Shell Petroleum Corporation, G.R. No. 173918, 8 April 2008