Escolar Documentos
Profissional Documentos
Cultura Documentos
of
FACTS:
Cory Aquino promulgated Proclamation No. 3,
"DECLARING A NATIONAL POLICY TO IMPLEMENT
THE REFORMS MANDATED BY THE PEOPLE..., the
mandate of the people to Completely reorganize
the government.
In January 1987, she promulgated EO 127,
"REORGANIZING THE MINISTRY OF FINANCE".
Among other offices, Executive Order No. 127
provided for the reorganization of the Bureau of
Customs and prescribed a new staffing pattern
therefor. In February 1987, a brand new
constitution was adopted.
On January 1988, incumbent Commissioner of
Customs Salvador Mison issued a Memorandum,
in
the
nature
of
"Guidelines
on
the
Implementation of Reorganization Executive
Orders," prescribing the procedure in personnel
placement. It also provided that by February
1988, all employees covered by EO 127 and the
grace period extended to the Bureau of Customs
by the President on reorganization shall be: a)
informed of their re-appointment, or b) offered
another position in the same department or
agency, or c) informed of their termination.
A total of 394 officials and employees of the
Bureau of Customs were given individual notices
of separation. They filed appeals with the CSC.
CSC promulgated its ruling for reinstatement of
the 279 employees. Mison, filed a motion for
reconsideration, which was denied. Commissioner
Mison instituted certiorari proceedings.
ISSUE:
WON Section 16 of Article XVIII of the 1987
Constitution is a grant of a license upon the
Government to remove career public officials it
could have validly done under an "automatic"vacancy-authority and to remove them without
rhyme or reason.
HELD: NO
The provision benefits career civil service
employees separated from the service. And the
separation contemplated must be due to or the
result of (1) the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986, (2) the
reorganization from February 2, 1987, and (3) the
resignations of career officers tendered in line
with the existing policy and which resignations
have been accepted. The phrase "not for cause"
is clearly and primarily exclusionary, to exclude
those career civil service employees separated
"for cause." In other words, in order to be entitled
to the benefits granted under Section 16 of
Article XVIII of the Constitution of 1987, two
requisites, one negative and the other positive,
must concur, to wit:
1. The separation must not be for cause, and
2. The separation must be due to any of the
three situations mentioned above.
its income.
ISSUE:
Whether or not the HSRA and EO NO. 102 violates
the constitution?
HELD: NO
Reorganization of DOH under EO 102 is not a
usurpation of legislative power. EO 292 also
known as the Administrative Code of 1987, gives
continuing authority to the President to
reorganize the administrative structure of the
Office of the President.
The validity of Executive Order No. 102 would,
nevertheless, remain unaffected. Settled is the
rule that courts are not at liberty to declare
statutes invalid, although they may be abused or
disabused, and may afford an opportunity for
abuse in the manner of application. The validity
of a statute or ordinance is to be determined from
its general purpose and its efficiency to
accomplish the end desired, not from its effects in
a particular case. Section 17, Article VII of the
1987 Constitution, clearly states: [T]he president
shall have control of all executive departments,
bureaus and offices. Section 31, Book III,
Chapter 10 of Executive Order No. 292, also
known as the Administrative Code of 1987. It is
an exercise of the Presidents constitutional
power of control over the executive department,
supported by the provisions of the Administrative
Code, recognized by other statutes, and
consistently affirmed by this Court.
passing
laws
with
ISSUE:
WON respondent Secretary of Justice commit
grave abuse of discretion in issuing DO No. 182.
HELD: NO
DO No. 182 enjoyed a strong presumption of its
validity. In ABAKADA Guro Party List v. Purisima,
the Court has extended the presumption of
validity to legislative issuances as well as to rules
and
regulations
issued
by
administrative
agencies, saying:
Administrative regulations enacted by
administrative agencies to implement
and interpret the law which they are
entrusted to enforce have the force of
law and are entitled to respect. Such
rules and regulations partake of the
nature of a statute and are just as
binding as if they have been written in
the statute itself. As such, they have the
force and effect of law and enjoy the
presumption of constitutionality and
legality until they are set aside with
finality in an appropriate case by a
competent court.
DO No. 182 was issued pursuant to Department
Order No. 84 that the Secretary of Justice had
promulgated to govern the performance of the
mandate of the DOJ to "administer the criminal
justice system in accordance with the accepted
processes thereof"as expressed in Republic Act
No. 10071 (Prosecution Service Act of 2010) and
Section 3, Chapter I, Title III and Section 1,
Chapter I, Title III of Book IV of Executive Order
292 (Administrative Code of 1987).
To overcome this strong presumption of validity of
the questioned issuances, it became incumbent
upon petitioners to prove their unconstitutionality
and invalidity, either by showing that the
Administrative Code of 1987 did not authorize the
Secretary of Justice to issue DO No. 182, or by
demonstrating that DO No. 182 exceeded the
bounds of the Administrative Code of 1987 and
other pertinent laws. They did not do so. They
must further show that the performance of the
DOJs functions under the Administrative Code of
1987 and other pertinent laws did not call for the
impositions laid down by the assailed issuances.
That was not true here, for DO No 182 did not
deprive petitioners in any degree of their right to
seek redress for the alleged wrong done against
them by the Legacy Group. Instead, the issuances
were designed to assist petitioners and others
like them expedite the prosecution, if warranted
under the law, of all those responsible for the
wrong through the creation of the special panel of
state prosecutors and prosecution attorneys in
order
to
conduct
a
nationwide
and
comprehensive preliminary investigation and
prosecution of the cases. Thereby, the Secretary
of Justice did not act arbitrarily or oppressively
against petitioners.
HONGKONG
AND
SHANGHAI
BANKING
CORPORATION, LTD.
(G. R. No. 174350; August 13, 2008)
FACTS:
This is a Petition for Certiorari assailing the 28
April 2006 Decision and 29 June 2006 Resolution
of the Court of Appeals in CA-G.R. CEB-SP No.
00068, which annulled and set aside the 6 April
2004 and 30 August 2004 Resolutions of the
Department of Justice (DOJ) in I.S. No. 02-9230-I,
entitled The Hongkong and Shanghai Banking
Corporation v. Katherine Balangauan, et al.
The twin resolutions of the DOJ affirmed, in
essence, the Resolution of the Office of the City
Prosecutor, Cebu City, which dismissed for lack
of probable cause the criminal complaint for
Estafa and/or Qualified Estafa, filed against
petitioner-Spouses Bernyl Balangauan (Bernyl)
and Katherene Balangauan (Katherene) by
respondent Hong Kong and Shanghai Banking
Corporation, Ltd. (HSBC).
Petitioners Bernyl and Katherene filed the present
petition on the argument that the Court of
Appeals committed grave abuse of discretion in
reversing and setting aside the resolutions of the
DOJ when: (1) [i]t reversed the resolution of the
Secretary of Justice, Manila dated August 30,
2004 and correspondingly, gave due course to
the Petition for Certiorari filed by HSBC on April
28, 2006 despite want of probable cause to
warrant the filing of an information against the
herein petitioners; (2) [i]t appreciated the
dubious evidence adduced by HSBC albeit the
absence of legal standing or personality of the
latter; (3) [i]t denied the motions for
reconsideration on June 29, 2006 notwithstanding
the glaring evidence proving the innocence of the
petitioners; (4) [i]t rebuffed the evidence of the
herein petitioners in spite of the fact that,
examining such evidence alone would establish
that the money in question was already
withdrawn by Mr. Roger Dwayne York; and (5) [i]t
failed to dismiss outright the petition by HSBC
considering that the required affidavit of service
was not made part or attached in the said
petition pursuant to Section 13, Rule 13 in
relation to Section 3, Rule 46, and Section 2, Rule
56 of the Rules of Court.
ISSUE:
WON CA acted with grave abuse of discretion in
reversing and setting aside the resolutions of the
DOJ.
HELD: NO
In reversing and setting aside the resolutions of
the DOJ, petitioners Bernyl and Katherene
contend that the Court of Appeals acted with
grave abuse of discretion amounting to lack or
excess of jurisdiction.
The Court of Appeals, when it resolved to grant
the petition in CA-G.R. CEB. SP No. 00068, did so
on two grounds, i.e., 1) that the public
respondent (DOJ) gravely abused his discretion in
finding that there was no reversible error on the
part of the Cebu City Prosecutor dismissing the
ISSUE:
Whether the Monetary Board had authority to
authorize Appellant Central Bank to impose a
penalty rate of 10% per annum on past due loans
of rural banks which had failed to pay their
accounts on time.
RULING:
No. The supervising authority of the Monetary
Board of the Central Bank over Rural Banks, is
spelled-out under Section 10 of R.A. 720, as
follows:
SEC. 10. The power to supervise the operation
of any Rural Bank by the Monetary Board of the
Central Bank as herein indicated, shall consist
in placing limits to the maximum credit allowed
any individual borrower; in prescribing the
interest rate; in determining the loan period
and loan procedure; in indicating the manner in
which technical assistance shall be extended to
Rural Banks; in imposing a uniform accounting
system and manner of keeping the accounts
and records of the Rural Banks; in undertaking
regular credit examination of the Rural Banks:
in instituting periodic surveys of loan and
lending procedures, audits, test check of cash
and other transactions of the Rural Banks; in
conducting training courses for personnel of
Rural Banks; and, in general in supervising the
business operation of the Rural Banks.
Nowhere in any of the above-quoted pertinent
provisions of R.A. 720 nor in any other provision
of R.A. 720 for that matter, is the monetary Board
authorized to mete out on rural banks an
additional penalty rate on their past due accounts
with Appellant. As correctly stated by the trial
court, while the Monetary Board possesses broad
supervisory powers, nonetheless, the retroactive
imposition of administrative penalties cannot be
taken as a measure supervisory in character.
There are, however, limitations to the rulemaking power of administrative agencies. A rule
shaped out by jurisprudence is that when
Congress
authorizes
promulgation
of
administrative rules and regulations to implement
given legislation, all that is required is that the
regulation be not in contradiction with it, but
conform to the standards that the law prescribes.
A rule is binding on the courts so long as the
procedure fixed for its promulgation is followed
and its scope is within the statute granted by the
legislature, even if the courts are not in
agreement with the policy stated therein or its
innate wisdom. On the other hand, administrative
interpretation of the law is at best merely
advisory, for it is the courts that finally determine
what the law means. Hence an administrative
agency cannot impose a penalty not so provided
in the law authorizing the promulgation of the
rules and regulations, much less one that is
applied retroactively.
FACTS:
A message addressed to Maria Diaz, Madrid,
Spain, filed by private respondent Antonio B.
Arnaiz with the telegraph office of the Bureau of
Telecommunications was transmitted to the
Bureau of Telecommunications in Manila. It was
forwarded to petitioner Globe Wireless Ltd. for
transmission to Madrid. Petitioner sent the
message to the American Cable and Radio
Corporation in New York, which, in turn,
transmitted the same to the Empresa Nacional de
Telecommunicaciones in Madrid. The latter,
however, mislaid said message, resulting in its
non-delivery to the addressee.
After being informed of said fact, private
respondent Arnaiz, sent to then Public Service
Commissioner Enrique Medina an unverified
letter-complaint relating the incident. Petitioner
questioned PSC's jurisdiction over the subject
matter of the letter-complaint, even as it denied
liability for the non-delivery of the message to the
addressee. PSC issued an order finding petitioner
"responsible
for
the
inadequate
and
unsatisfactory service complained of, in violation
of the Public Service Act" and ordering it "to pay a
fine of TWO HUNDRED [P200.00] PESOS under
Sec. 21 of Com. Act 146, as amended."
ISSUE:
Whether respondent PSC had the jurisdiction to
act on complaints and impose fine upon failure of
petitioner to deliver the letter.
RULING:
No. Section 5 of Republic Act No. 4630, the
legislative franchise under which petitioner was
operating, limited respondent Commission's
jurisdiction over petitioner only to the rate which
petitioner may charge the Public. Thus,
Sec. 5. The Public Service Commission is
hereby given jurisdiction over the grantee only
with respect to the rates which the grantee
may charge the public subject to international
commitments made or adhered to by the
Republic of the Philippines.
The act complained of consisted in petitioner
having allegedly failed to deliver the telegraphic
message of private respondent to the addressee
in Madrid, Spain. Obviously, such imputed
negligence had nothing whatsoever to do with
the subject matter of the very limited jurisdiction
of the Commission over petitioner
Too basic in administrative law to need citation of
jurisprudence is the rule that the jurisdiction and
powers
of
administrative
agencies,
like
respondent Commission, are limited to those
expressly granted or necessarily implied from
those granted in the legislation creating such
body; and any order without or beyond such
jurisdiction is void and ineffective. The order
under consideration belonged to this category.
of
as
or
as
ISSUE:
Whether COA Circular No. 86-255 applies to the
nature of hiring Atty. Sattore who handled only
right of way matters and did not handle court
cases.
RULING:
Yes. What can be gleaned from a reading of the
above circular is that government agencies and
instrumentalities are restricted in their hiring of
private lawyers to render legal services or handle
their cases. No public funds will be disbursed for
the payment to private lawyers unless prior to
the hiring of said lawyer, there is a written
conformity and acquiescence from the Solicitor
General or the Government Corporate Counsel.
On the claim that COA Circular 86-255 is not
applicable in this case because the inhibition
provided for in said Circular relates to the
handling of legal cases of a government agency
and that the contractor was not hired in that
capacity but to handle legal matters involving
right-of-way, it is maintained that the contracted
service falls within the scope of the inhibition
which clearly includes "the hiring or employing
private lawyers or law practitioners to render
legal services for them and/or to handle their
legal cases.
ISSUE:
Whether or not the respondent Secretary has
jurisdiction to entertain an election protest
involving the election of the officers of the
Federation of Association of Barangay Councils.
FACTS:
This is an issue on resolution of the Securities and
Exchange Commission which would deny the
Makati Stock Exchange, Inc., permission to
operate a stock exchange unless it agreed not to
list for trading on its board, securities already
listed in the Manila Stock Exchange.
Petitioner contended that the permission
provided by law amounted to prohibition, and
that the commission has no power to impose it.
ISSUE:
Whether the SEC has the authority to promulgate
the rule in question.
RULING:
No. It is fundamental that an administrative
officer has only such powers as are expressly
granted to him by the statute, and those
necessarily implied in the exercise thereof.
The commission cites no provision of law
expressly supporting its rule against double
listing. It suggests that the power is necessary for
the execution of the functions vested in it. It
argues that said rule was approved by the
department head before the War and it is not in
conflict with the provisions of securities and
exchange act. The approval of the department,
by itself, adds no weight on judicial litigation. The
commission possesses no power to impose the
condition of the rule which result in discrimination
and violation of constitutional rights.
RULING:
No. The Secretary of Local Government is not
vested with jurisdiction to entertain any protest
involving the election of officers of the FABC.
The respondent Secretary has the power to
"establish and prescribe rules, regulations and
other issuances and implementing laws on the
general supervision of local government units and
on the promotion of local autonomy and monitor
compliance thereof by said units."
Also, the respondent Secretary's rule making
power is provided in See. 7, Chapter II, Book IV of
the Administrative Code, to wit:
(3) Promulgate rules and regulations necessary
to carry out department objectives, policies,
functions, plans, programs and projects;
Thus, DLG Circular No. 89-09 was issued by
respondent Secretary in pursuance of his rulemaking power conferred by law and which now
has the force and effect of law.
However, it is a well-settled principle of
administrative
law
that
unless
expressly
empowered, administrative agencies are bereft of
quasi- judicial powers. The jurisdiction of
administrative authorities is dependent entirely
upon the provisions of the statutes reposing
power in them; they cannot confer it upon
themselves. Such jurisdiction is essential to give
validity to their determinations.
There is neither a statutory nor constitutional
provision expressly or even by necessary
implication conferring upon the Secretary of Local
Government the power to assume jurisdiction
over an election protect involving officers of
the katipunan
ng
mga
barangay.
An
understanding of the extent of authority of the
Secretary over local governments is therefore
necessary.
OF
FACTS:
The complaint was filed by Teresita Payawal
against Solid Homes, Inc. The plaintiff alleged
that the defendant contracted to sell to her a
subdivision lot in Marikina on June 9, 1975, for the
agreed price of P 28,080.00, and that by
September 10, 1981, she had already paid the
defendant the total amount of P 38,949.87 in
monthly installments and interests. Solid Homes
subsequently executed a deed of sale over the
land but failed to deliver the corresponding
certificate of title despite her repeated demands
because, as it appeared later, the defendant had
mortgaged the property in bad faith to a
financing company.
Solid Homes moved to dismiss the complaint on
the ground that the court had no jurisdiction, this
being vested in the National Housing Authority
under PD No. 957.
ISSUE:
Whether the NHA had the jurisdiction over cases
involving claims, refund and any other claims
filed by the subdivision lot or condominium unit
buyer.
RULING:
Yes. The applicable law is PD No. 957, as
amended by PD No. 1344, entitled "Empowering
the National Housing Authority to Issue Writs of
Execution in the Enforcement of Its Decisions
Under Presidential Decree No. 957." Section 1 of
the latter decree provides as follows:
SECTION 1. In the exercise of its function to
regulate the real estate trade and business and
in addition to its powers provided for in
Presidential Decree No. 957, the National
Housing
Authority
shall
have exclusive
jurisdiction to hear and decide cases of the
following nature:
A. Unsound real estate business practices;
B. Claims involving refund and any other
claims filed by subdivision lot or condominium
unit buyer against the project owner, developer,
dealer, broker or salesman; and
C. Cases involving specific performance of
contractuala statutory obligations filed by
buyers of subdivision lot or condominium unit
against the owner, developer, dealer, broker or
salesman.
The language of this section, especially the
italicized portions, leaves no room for doubt that
"exclusive jurisdiction" over the case between the
petitioner and the private respondent is vested
not in the Regional Trial Court but in the National
Housing Authority.
23.)
ANTIPOLO
REALTY
CORPORATION,
petitioner, vs. THE NATIONAL HOUSING
AUTHORITY, HON. G.V. TOBIAS, in his
capacity as General Manager of the National
Housing Authority, THE HON. JACOBO C.
Housing
Authority
shall
have
exclusive
jurisdiction to hear and decide cases of the
following nature:
A. Unsound real estate business practices:
B. Claims involving refund and any other claims
filed by sub- division lot or condominium unit
buyer against the project owner, developer,
dealer, broker or salesman; and
C. Cases involving specific performance of
contractual and statutory obligations filed by
buyers of subdivision lots or condominium units
against the owner, developer, dealer, broker or
salesman.
The substantive provisions being applied and
enforced by the NHA in the instant case are found
in Section 23 of Presidential Decree No. 957
which reads:
Sec. 23. Non-Forfeiture of Payments. No
installment payment made by a buyer in a
subdivision or condominium project for the lot
or unit he contracted to buy shall be forfeited in
favor of the owner or developer when the
buyer, after due notice to the owner or
developer, desists from further payment due to
the failure of the owner or developer to develop
the subdivision or condominium project
according to the approved plans and within the
time limit for complying with the same. Such
buyer may, at his option, be reimbursed the
total amount paid including amortization and
interests but excluding delinquency interests,
with interest thereon at the legal rate.
Having failed to comply with its contractual
obligation
to
complete
certain
specified
improvements in the subdivision within the
specified period of two years from the date of the
execution of the Contract to Sell, petitioner was
not entitled to exercise its options under Clause 7
of the Contract. Hence, petitioner could neither
rescind the Contract to Sell nor treat the
installment payments made by the private
respondent as forfeited in its favor.
24.)
LAGUNA
LAKE
DEVELOPMENT
AUTHORITY, petitioner, vs.
COURT
OF
APPEALS, HON. MANUEL JN. SERAPIO,
Presiding Judge RTC, Branch 127, Caloocan
City, HON. MACARIO A. ASISTIO, JR., City
Mayor of Caloocan and/or THE CITY
GOVERNMENT OF CALOOCAN,respondents.
FACTS:
The instant case stemmed from the filing of the
letter-complaint of Task Force Camarin Dumpsite
with the Laguna Lake Development Authority
seeking to stop the operation of the 8.6-hectare
open garbage dumpsite in Tala Estate, Barangay
Camarin, Caloocan City due to its harmful effects
on the health of the residents and the possibility
of pollution of the water content of the
surrounding area. Laguna Lake Development
Authority (LLDA) issue a cease and desist order
enjoining the dumping of garbage in Barangay
Camarin, Tala Estate, Caloocan City.
ISSUE:
Whether the LLDA have the power and authority
to issue a "cease and desist" order under
Republic Act No. 4850 and its amendatory laws.
RULING:
Yes. The cease and desist order issued by the
LLDA requiring the City Government of Caloocan
to stop dumping its garbage in the Camarin open
dumpsite found by the LLDA to have been done in
violation of Republic Act No. 4850, as amended,
and other relevant environment laws, cannot be
stamped as an unauthorized exercise by the LLDA
of injunctive powers. By its express terms,
Republic Act No. 4850, as amended by P.D. No.
813 and Executive Order No. 927, series of 1983,
authorizes the LLDA to "make, alter or modify
order requiring the discontinuance or pollution."
Section 4, par. (d) explicitly authorizes the LLDA
to make whatever order may be necessary in the
exercise of its jurisdiction.
Assuming arguendo that the authority to issue a
"cease and desist order" were not expressly
conferred by law, there is jurisprudence enough
to the effect that the rule granting such authority
need not necessarily be express. While it is a
fundamental rule that an administrative agency
has only such powers as are expressly granted to
it by law, it is likewise a settled rule that an
administrative agency has also such powers as
are necessarily implied in the exercise of its
express powers. 26 In the exercise, therefore, of its
express powers under its charter as a regulatory
and quasi-judicial body with respect to pollution
cases in the Laguna Lake region, the authority of
the LLDA to issue a "cease and desist order" is,
perforce, implied. Otherwise, it may well be
reduced to a "toothless" paper agency.
The issuance, therefore, of the cease and desist
order by the LLDA, as a practical matter of
procedure under the circumstances of the case, is
a proper exercise of its power and authority under
its charter and its amendatory laws. Had the
cease and desist order issued by the LLDA been
complied with by the City Government of
Caloocan as it did in the first instance, no further
legal steps would have been necessary.
as an aid in the
administrative charges.
investigation
of
the
28.)
FREEMAN,
INC.,
FREEMAN
MANAGEMENT & DEVELOPMENT CORP.,
CHIAO LIAN, LECHU S. LIM, PERLITA S.
DYOGI, OLIVIA S. SANTOS, CARMEN S. SAW
and RUBEN CHUA, petitioners, vs.
THE
SECURITIES
AND
EXCHANGE
COMMISSION, SAW MUI, RUBEN SAW,
DIONISIO SAW, LINA S. CHUA, LUCILA S.
RUSTE and EVELYN SAW, respondents.
FACTS: Freeman, Inc. (FREEMAN), was granted a
loan
by
Equitable
Banking
Corporation
(EQUITABLE) as evidenced by 2 promissory notes:
P1,700,000.00 payable December 1987, and
P6,000,000.00 payable April 1988. Saw Chiao
Lian, President of Freeman, Inc., signed as comaker in both promissory notes.