ADMINISTRATIVE LAW

branch of public law which fixes the organization of govt, determines the competence of the administrative authorizes who execute the law and indicates to the individual, remedies for the violation of his rights embraces all the law that controls, or is intended to control, the administrative operations of govt Sources of admin law 1. Constitution 2. statutes creating admin bodies 3. court decisions . bod! of rules, regulations and orders issued b! admin agencies Kinds of admin law 1. statutes setting up administrative authorities 2. bod! of doctrines and decisions dealing with the creation, operation and effect of determinations and regulations of such admin authorities 3. rules, regulations or orders of such admin authorities in pursuance of the purposes for which the! were created or endowed . determinations, decisions and orders of such admin authorities in the settlement of controversies arising in their particular fields ADMINISTRATION refers to the aggregate of those powers in whose hands the reigns of the government are for the time being Two Aspects of Administration ! INTERNAL ADMINISTRATION includes the legal structure or organization of public administration and the legal aspects of each institutional activit! "! EXTERNAL ADMINISTRATION concerned with the problems of administrative regulations or the exercise of power for carr!ing out the ends for which such powers were delegated ADMINISTRATIVE A#EN$% organ of govt entrusted with the tas" of enacting specific rules and regulations to effectuate the purpose of the statute creating it its functions and powers are #uasi$legislative or #uasi$%udicial, or in some instances, it acts as an agent of the executive branch of the govt, which implements the law in accordance with the policies and instructions laid down b! the legislature
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#OVERNMENT O& T'E RE()*LI$ the apex of the administrative framewor" of &' as provided in the 1()* +dmin Code the corporate govtal entit! through which the functions of the govt are exercised throughout the 'hilippines A#EN$% O& T'E #OVERNMENT an! various units of the govt INSTR)MENTALIT% refers to an! agenc! of the natl govt, not integrated within the dept framewor" IN$OR(ORATED A#EN$IES+INSTR)MENTALITIES vested b! law with a %uridical personalit! distinct from the personalit! of the &epublic NON,IN$OR(ORATED A#EN$IES+INSTR)MENTALITIES those ,-. vested with a %uridical personalit! distinct from the personalit! of the &epublic, endowed b! law with some if not all corporate powers $'ARTERED INSTIT)TION refers to an! agenc! organized or operating under a specific chartered and vested b! law with functions relating to specific constitutional policies or ob%ectives

ADMINSTRATIVE (OWERS
-as to scope and t.e e/tent of power0

A! Regulatory Power
1. 1)ASI,LE#ISLATIVE &)N$TION also "nown as the power of subordinate legislation rule$ma"ing power/ refers to the authorit! delegated b! the law$ma"ing bod! to the admin bod! to ma"e rules and regulations which are within the limits of the powers granted to it, provided0 a. that said r&r are consistent with the Constitution or on a statute which created it
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b. r&r may not amend, alter or limit the terms of a legislature enactment c. r&r should be uniform in operation, reasonable, fair and not discriminatory 2. 1)ASI,4)DI$IAL &)N$TION also "nown as the power of ad udi!ation power of admin agencies to resolve #uestions of facts and #uestions of law involved in a case brought to their determination and ad%udication, sub%ect to %udicial review 3. IN1)ISITORIAL (OWER also "nown as the power to !ondu!t in"estigations includes the power to carr! out the provisions of law as essentiall! executive or administrative in nature. 6hen it involves the exercise of %udgment and discretion, it becomes ad udi!atory power no

7Manda&us( Pro#ibition8 one which is so clear and specific as to leave room for the exercise of discretion in its performance 7Manda&us to 'o&pel Perfor&an!e8 3. DETERMINATE (OWER subdivided into0 a. Ena5lin6 (owers those that enable an agenc! to do an act which the law precisel! entrust to it b. Summar7 (owers those exercised b! admin authorities to perform coercive measures upon persons or things without the need of securing %udicial warrant c. E/aminin6 (owers to examine and inspect boo"s, papers and records to investigate the activities of persons under each %urisdiction d. Dispensin6 (owers to grant exemption from the performance of a general dut! (urpose of administrati3e a6encies 1. dispense certain privileges accorded b! the govt 2. carr! on govtal business or functions 3. carr! on or underta"e some business service for the public . regulate certain public callings or business affected with public interest 9. promote the general welfare through police regulations 2. determine rights of individuals in certain cases where a strong social polic! is involved $reation of admin a6encies 1. b! the Constitution 2. b! the legislature in legislative enactments 3. b! the authorit! of law O8o9 The basic corollary principle of the allocation of powers into legislative, judiciary and executive are: a. separation of powers b. syste& of !#e!$s and balan!es O8o9 The two most important powers of administrative officers are: a. )uasi*legislati"e
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*!
As to t#e $ind of power e%er!ised or !#osen by ad&in agen!ies relati"e to t#e proble&s referred to t#e&
1. DIS$RETIONAR% (OWER power to act officiall! on certain cases according to the dictates of their own %udgment and conscience and not controlled b! the %udgment or conscience of others 7Petition for 'ertiorari8 that which is b! its nature re#uires the exercise of %udgment 7Petition for 'ertiorari &ay lie w#ere t#ere is gra"e abuse of dis!retion a&ounting to la!$ or e%!ess of urisdi!tion on t#e part of t#e offi!ial or ad&in agen!y8 2. MINISTERIAL (OWER exercised in response to a dut! imposed b! law and its performance does not depend on the discretion of the admin agenc! involved or of the executive officers performing said power.
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 enables them to promulgate r:r b. )uasi* udi!ial to interpret and appl! such r:r O8o9 It is a settled principle of law that in determining whether an admin agency has certain powers, a. the in#uir! should be from the law itself b. the authorit! given should be liberall! construed in the light of the purpose for which it was created c. that which is incidentall! necessar! to a full implementation of the legislative intent should be upheld as being germane to the law R)LE an! admin agenc! statement of general applicabilit! that implements or interprets a law, fixes and describes the procedures in practice re#uirements of an agenc! not affecting the rights of or procedure available to the public R)LE,MAKIN# an agenc! process for the formulation, amendment or repeal of a rule R)LE,MAKIN# (OWER O& ADMIN A#EN$% to issue r:r which result from delegated legislation in the admin level DO$TRINE O& IM(LI$ATION means that even in the absence of an express conferment, the exercise of a given power ma!be %ustified or reasonabl! inferred from the express power alread! granted, or that it ma! be necessar! to the proper exercise of the express power granted to the dept see"ing to exercise the said power

and legislative polic! fixed b! the legislature O8o9 $ules and regulations are the product of subordinate legislation% In order to be valid, the admin rules and regulations must be: a. germane to the ob%ects and purposed of the law b. conform to the standards that the law prescribes c. reasonable d. related solel! to carr!ing into effect the general provisions of the law (rinciple of Separation of (owers prohibits the delegation of legislative power, the vesting of %udicial officers with non$%udicial functions, as well as the investigating of non$%udicial powers (rinciple of Non,Dele6ation of (owers no dept of govt, whether legislative, executive or %udicial can abdicate authorit! or escape responsibilit! b! delegating an! of its power to another bod!, except when authorized b! the Constitution0 potestas delegate non delegari potest &power delegated cannot further be delegated' Dele6ation of le6islati3e power grant of authorit! b! the legislature to admin agencies to issue r:r concerning how the law entrusted to them for implementation ma! be enforced0 1. when authorized b! the Constitution such as a. the Congress ma!, b! law, grant e&ergen!y powers to the 'res b. the Congress ma!, b! law, grant tariff powers to the 'res 2. legislative powers ma! be delegated to <=s a. poli!e power b. power of e&inent do&ain 3. legislative powers ma! be delegated to the people at large a. RE&EREND)M method of submitting an important legislative measure to direct vote of the whole people b. (LE*IS$ITE a device to obtain a direct popular vote on a matter of political importance . legislative powers ma! be delegated to admin
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LE#ISLATIVE (OWER
to ma"e, alter and repeal laws O8o9 The doctrine of separation of powers do not absolutely prohibit delegation of legislative power to the Pres, the C and the !"#s

1)ASI,LE#ISLATIVE (OWER
also "nown as the Power of Subordinate Legislation ;t is the power of admin agencies to issue admin rules and regulations in order to implement the law
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agencies>bodies O8o9 The legislature may properly delegate to an exec or admin agency any legislative power other than those which cannot be delegated% O8o9 There is no absolute separation of the three branches of gov(t% )ach dep(t is given certain powers by which each may restrain the others from exceeding their constitutional authority S)*DELE#ATION O& (OWER OR A)T'ORITIES transmission of authorit! to subordinates. .his happens when the head of admin agencies deputize others to assist them in implementing matters of detail, which should not, however be an act or dut! which will re#uire n exercise of delegation #uidelines to o5ser3e in order to ensure t.at t.ere is a 3alid and lawful dele6ation of power 1. (OLI$% the determination of legislative polic! vested in the legislature which ma! not be delegated to the admin agencies. ;t must be clearl! declared in the language of the statute and should not be left to the discretion of the said admin agencies 2. STANDARD must pronounce a definite standard which will guide the admin agenc! concerned. + standard defines the polic! fixed b! the legislature and ma"es its limits Test of Valid Dele6ation of (owers 1. $OM(LETENESS TEST a law must be complete in itself in all its terms and provisions when it leaves the legislature so that nothing is left to the %udgment of the delegate O8o9 * statute is complete when the S+,-E'T, the MANNER and the EXTENT O. ITS OPERATION are therein stated% 2. S)&&I$IENT STANDARD TEST not onl! defines the polic! fixed b! the legislature but also the mar"s its limits b! specif!ing the extent of the authorit! of the delegate as well as
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the conditions under which the said polic! should be implemented Two Kinds of Le6islati3e Re6ulations 1. S)((LEMENTAR% of a statute/ fills in the details of the law to carr! out the enforcement of the law or the legislative polic! as set forth in the law 2. $ONTIN#ENT RE#)LATION issued on account of the occurrence of a certain contingenc!, as determined b! the admin agencies $lassification of Administrati3e Re6ulations 1. LE#ISLATIVE rules the! adopt to implement the law and said polic! 2. INTER(RETATIVE rules arising from their interpretation of the law Re;uisites of a Valid Admin Re6ulation Authorized Scope of authorit! According to prescribed procedure Reasonable O8o9 * statute may be complete when the S+,-E'T, the MANNER and the EXTENT of its operation are stated in it%

1)ASI,4)DI$IAL (OWER
the power of an admin agenc! to hear, determine and ma"e findings of facts and to resolve the case presented to it on the basis of the said findings of facts on the basis of its interpretation of the laws ad %urisprudence concerning the issues of the case, sub%ect onl! to the power of the courts to review and scrutinize the same on #uestions of laws and %urisdiction O8o9 The main function of admin agencies and the admin officers+in+charge of boards, bureaus and offices is to enforce the law entrusted to them for implementation% The exercise of ,uasi+judicial power is only incidental to their main function of enforcing the law%
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W.at 1uasi,4udicial (ower includes ! Deter&inati"e Powers a. ENA*LIN# (OWER to acct, grant or den! application for licenses to engage in a particular business or occupation b. DIRE$TIN# (OWER to see to it that laws and regulations are dul! complied with b.1 Dispensin6 (ower authorit! to grant exemption or be relieved, from compl!ing with a law or regulation b.2 E/aminin6 (ower investigator! or in#uisitorial powers of admin agencies "! Su&&ary Powers a refers to the power of admin agencies to appl! compulsion or force against a person or propert! without the need of prior %udicial warrant 4)RISDI$TION the authorit! to hear and determine a case/ the right to act in a particular case 4urisdiction of admin aut.orities 1. limited %urisdiction 2. without %urisdiction, their acts are void 3. source of %urisdiction b! the Constitution b! the statutes . cannot enlarge its own %urisdiction 9. ma! have %urisdiction over a case but its ?ecision ma! be set aside if it deprived a part! of a full and fair hearing 2. it ma! be true that admin boards, bureaus and offices are not bound b! the technical rules of evidence and procedure, but it is nevertheless bound b! the cardinal rights to be observed in admin proceedings 1)ASI,4)DI$IAL *OD% an organ of the govt other than a court and other than a legislature, which exercise ad%udicative power affecting the rights of private persons

O8o9 The rule is that an admin body to which ,uasi+judicial power has been delegated is a Tribunal of Li&ited -urisdi!tion and as such it could wield only such powers as are specifically granted to it by its enabling statute% Its jurisdiction is interpreted in: STRI$TISSIMI 4)RIS is a rule based on the settled principle that an admin agenc! or office can exercise onl! such powers as are expressl! granted as well as those which are necessaril! implied therefore. D)E (RO$ESS consists of0 a. Substanti"e due pro!ess responsiveness to the supremac! of reason, obedience to the dictates of %ustice b. Pro!edural due pro!ess where one is heard before condemned/ consists of the basic rights of notice and .earin6= as well as the guarantee of being heard b! an impartial and competent tribunal $ardinal Ri6.ts in due process 1. hearing 2. tribunal must consider the evidence presented 3. decision must have something to support itself . evidence on which the decision is based must be substantial 9. decision must be rendered on the evidence presented at the hearing or at least in record and disclosed to the parties 2. board must act on its own independent consideration of the law and facts of the controvers! *. decision must be rendered in such a manner that the parties to the proceeding ma! "now the various issue involved ). office or tribunal conducting the investigation must be vested with competent %urisdiction O8o9 The factual findings of said admin boards, bureaus and offices are final if they are supported by substantial evidence% They are however, appealable or ,uestions of law and jurisdiction% O8o9 The decisions and orders of admin agencies rendered pursuant to their ,uasi+judicial authority,
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have upon their finality, the force and binding effect of a final judgment%

Administrati3e Law
D)E (RO$ESS IN ADMIN (RO$EEDIN#S notice and opportunit! to be heard/ proceedings were ta"en>underta"en in an atmosphere of fairness and %ustice

(rinciples+Doctrines
a. &INALIT%

O& ADMINISTRATIVE

DE$ISIONS
administrative action must have been full! completed first before a decision of an admin bod! ma! be sub%ect to %udicial review b. E?'A)STION

O& ADMINISTRATIVE

REMEDIES
calls for resort first to the appropriate admin authorities in the resolution of a controvers! falling under the %urisdiction before the same ma! be elevated to the courts of %ustice for review O8o9 -efore a party may be allowed to see. court intervention, he must first avail of allmeans of admin processes afforded him% A&pil( -r/ "s 'OMELE' O8o9 /on+observance of the doctrine does not affect the jurisdiction of the court% The only effect of non+compliance is that it results to failure to state a cause of action, a defense which is one of the grounds allowed in the $ules on Civil Procedure for the dismissal of the case% .a!tora( -r/ "s 'A O8o9 0eficiency is not jurisdictional% 1ailure to invo.e it operates as a 0AI1ER of the objection as a ground for a 23TI3/ T3 0I 2I and the court may proceed with the case as if the doctrine had been observed (urpose of t.e doctrine of E/.austion 1. to provide less expensive and more speed! solutions to disputes 2. gives admin agenc! the opportunit! to act and correct the errors committed in the admin forum 3. prematurit!
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W.en non,o5ser3ance E/.austion ma7 5e allowed@ 1. when it violates of due process 2. pure legal #uestion is involved 3. estoppel in the agenc! concerned . admin action is patentl! illegal amounting to grave abuse of discretion or lac" or excess of %urisdiction 9. urgenc! or irreparable in%ur!>damage 2. respondent is an alter$ego of the 'res/ rule on #ualified political agenc! applies *. unreasonable ). admin agenc! has no power to grant relief sought (. sub%ect matter is a private land in a land case 13. rules does not provide a plain speed! and ade#uate remed! 11. circumstances indicate the urgenc! of %udicial ;ntervention when no admin review is provided 12. no admin review is provided 13. non$exhaustion issue has been rendered moot 1 . failure of a high govt official from whom relief is sought did not act on the matter 19. where public interest re#uires immediate court action 12. where there is !et no admin order 1*. no law re#uiring remedies 1). in )uo warranto cases 1(. where agenc! has no %urisdiction 23. where doctrine amounts to nullification of a claim &A$T)AL 1)ESTION LE#AL 1)ESTION c. (RIMAR%

4)RISDI$TION OR (RIOR

RESORT
dictates that courts cannot determine a dispute on a #uestion re#uiring the special "nowledge and expertise of the administrative tribunals O8o9 4hen a claim is originally cogni5able in court, it re,uires the resolution of issues which under a regulatory scheme, had been placed within the special competence of an administrative body, such judicial process then is suspended pending referral of such issues to the administrative body for its view% 1illaflor "s 'A O8o9 The doctrine of Primary 6urisdiction re,uires that a plaintiff should first see. relief in an admin proceeding before he see.s a remedy in court,
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even if the matter is properly presented to the court and it is within its jurisdiction% O8o9 The court cannot or will not determine a controversy involving ,uestions within the jurisdiction of an admin tribunal prior to its decision on such ,uestion: 1. where the #uestion has demands admin determination re#uiring special "nowledge, experience and services of the admin tribunal 2. where the #uestion re#uires determination of technical and intricate issues of fact 3. where the uniformit! of ruling is essential to compl! with the purpose of the regulator! statute administered Rationale 5e.ind t.e o5ser3ance of t.e doctrine 1. uniformit! and consistenc! in the regulation of business entrusted to an admin agenc! are secured 2. the limited function of review b! the %udiciar! are more rationall! exercised, to agencies that are better e#uipped than the courts b! specialization (urpose of t.e doctrine 1. it is more in consonance with realit! 2. not onl! to give admin agenc! the opportunit! to decide the controvers! and correct itself but also to prevent unnecessar! and premature resort to courts d. 1)ALI&IED (OLITI$AL A#EN$% a corollar! rule to the control powers of the 'res/ all executive and admin organizations are AD-+N'TS of the @xecutive ?ept where all acts of a dept secretar! are presumed to be that of the 'res e. RES

W.en is Res 4udicata disre6arded 1. presence of supervening events which ma"e it imperative 2. in the higher interest of %ustice 3. to modif! %udgment to harmonize the disposition with the prevailing circumstances, especiall! where no private individual will be financiall! pre%udiced b! overturning the final %udgment . when res %udicata has been waived or has not been timel! raised as a defense 9. where the application of the principal under the particular facts obtaining, would amount to a denial of %ustice or a bar to a vindication of a legitimate grievance 2. application would involve the sacrifice of %ustice to technicalit! *. between persons, who, having been co$parties in a prior case, are opposing parties in the subse#uent case O8o9 *n admin authority has the authority to issue a writ of execution to enforce its judgment in the exercise of its ,uasi+judicial or adjudicatory power, unless the law otherwise provides% 2SIS "s 'S' (rinciple of $onclusi3eness of (rior Ad8udication extends to all bodies upon whom %udicial power has been confirmed/ such decisions or orders are conclusive upon the rights of the affected parties as though the same had been rendered b! a court of general %urisdiction

4)DI$ATA IN ADMINISTRATIVE (RO$EEDIN#S

forbids the reopening of a matter that has been determined b! competent authorit!/ applies to %udicial and #uasi$%udicial acts of public, exec and admin officers acting within their %urisdiction O8o9 The doctrine of $es 6udicata applies to decisions or orders of admin agencies that have become final
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4udicial Re3iew
RE1)ISITES O& 4)DI$IAL REVIEW 1. the admin action has alread! been full! completed and has therefore become final 7Do!trine of .inality of Ad&in A!tion8 2. that all admin remedies have been exhausted 7Do!trine of E%#austion of Ad&in Pro!eedings8 1)ESTIONS O& LAW
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 present where in a case doubt or difference arises as to what law is applicable on a certain statement of facts 1)ESTION O& &A$TS present where there is doubt or differences as to the truth of alleged facts #RAVE A*)SE O& DIS$RETION grave and patent and arbitrar! or despotic exercise of discretion MET'ODS O& 4)DI$IAL REVIEW

"!
LORENEO M! TAFADA and DIOSDADO MA$A(A#AL 3s! MARIANO 4ES)S $)EN$O= ET AL! #!R! No! L, G>"G! &e5ruar7 "C= D>B

:!
EMI#DIO *ONDO$ 3s! MAR$IANO (INEDA #!R! No! DBB G! Septem5er "A= DD &A$TS@ Aollowing a #uestionable election result, @migdio Bondoc filed a protest before the C&@., which rendered a decision of him winning over 4arciano 'ineda as representative for the th ?istrict of 'ampanga. +t that point, the <?' members in the .ribunal insisted on a re$appreciation and recount, thereb! dela!ing the finalization of the decision b! at least months. .he reexamination resulted in the increase of Bondocs lead. Congressman Camasura voted with the DC 5ustices and Congressman Cerilles of the ,' to proclaim Bondoc the winner of the election. Congressman Camasura was thereafter expelled from the <?' for allegedl! helping @duardo Con%uangco organize the 'artido ng 'ilipino, thus betra!ing the part!. Duch information was received b! C&@. on the da! of the promulgation, which became the basis wh! the Couse of &epresentatives decided to withdraw the nomination and rescind the election of Congressman Camasura to the .ribunal. ISS)ES@ 4a! the Couse of &epresentatives, at the re#uest of the dominant political part! therein, change that part!s representation in the C&@. to thwart the promulgation of a decision freel! reached b! the .ribunal in a pending election contestE 4a! the Dupreme Court review and annul that action made b! Couse of &epresentativesE

$ASE

DI#ESTS
!

(EO(LEO& T'E ('ILI((INES 3s! 'ON! 4OSE VERA #!R! No! <>AC>! No3em5er A= D:B

'ELD@ Fes. ;t is the DCs dut! to assure that the supremac! of the Constitution is part of the %udicial power vested in it. .he Dupreme Court resolved to direct the 5ustices$members to return to their duties in view of the function of the .ribunal as the Gsole %udgeH of all contests relating to the election, returns and #ualifications of the members of Congress. .he power and dut! of the courts to nullif!, in appropriate cases, the actions of the executive and legislative branches of the government doesnt
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mean that the courts are superior to the 'resident and the <egislature. ;t is a plain exercise of the %udicial power vested in courts to administer %ustice according to law. +nd it is a necessar! concomitant to that power to hear and dispose of a case properl! brought before the court. +s defined b! Dec.1 +rt.;;; of the 1()* Constitution judicial power has both the authority and duty to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lac. of excess of jurisdiction on the part of any branch or instrumentality of the "overnment.

6-, it is an undue delegation of legislative power to authorize the Collector to promulgate such law. 'ELD@ ,-. &ules for local navigation prescribed b! the collector of a port as harbor master pursuant to statutor! authorit! ma! be sustained as not an undue exercise of a delegated legislative power. .he fixing of penalties for criminal offenses is the exercise of a legislative power which can not be delegated to a subordinate authorit!. B! sections 1, 2, and 3 of +ct ,o. 1132,passed +pril 2(, 1(3 , the Collector of Customs is authorized to license craft engaged in the lighterage or other exclusivel! harbor business of the ports of the ;slands, and, with certain exceptions, all vessels engaged in lightering are re#uired to be so licensed. .he necessit! of confiding to some local authorit! the framing, changing, and enforcing of harbor regulations is. recognized throughout the world, as each region and each harbor re#uires peculiar rules more minute than could be enacted b! the central lawma"ing power, and which, when "ept within their proper scope, are in their nature police regulations not involving an undue grant of legislative power. .his doctrine is based on the ethical principle that such a delegated power constitutes not onl! a right but a dut! to be performed b! the delegate b! the instrumentalit! of his own %udgment acting immediatel! upon the matter of legislation and not through the intervening mind of another.

<!
)NITED STATES 3s! ANI$ETO *ARRIAS #R No! <:<D! Septem5er "<= DGC &A$TS@ ;n the Court of Airst ;nstance of the cit! of 4anila the defendant was charged with a violation of paragraphs *3 and )3 of Circular ,o. 3(* of the ;nsular Collector of Customs, dul! published in the -fficial =azette and approved b! the Decretar! of Ainance and 5ustice. +fter a demurrer to the complaint was overruled, it was proved that, being the captain of the lighter 4aude, he was moving her and directing her movement, when heavil! laden, in the 'asig &iver, b! bamboo poles in the hands of the crew, and without steam, sail, or an! other external power. 'aragraph *3 of Circular ,o.3(* reads as follows0 IJ,o heavil! loaded casco, lighter, or other similar craft shall be permitted to move in the 'asig &iver without being towed b! steam or moved b! other ade#uate power. J'aragraph )3 reads, in part, as follows0JAor the violation of an! of the foregoing regulations, the person offending shall be liable to a fine of not less than '9 and not more than '933, in the discretion of the court.J.he counsel of the appellant attac"ed the validit! of paragraph *3 on two grounds0 Airst, that it is unauthorized b! section 1(of +ct ,o. 399/ and, second, that if the +cts of the 'hilippine Commission bear the interpretation of authorizing the Collector to promulgate such a law, the! are void, as constituting an illegal delegation of legislative power. ISS)E@

>!
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the definition of social %ustice. +part from that, it dealt with a #uestion of valid delegation of power b! the ,ational +ssembl! to the ?irector of 'ublic 6or"s. ;n pursuance of Commonwealth +ct 9 ) which mandates the ?irector of 'ublic 6or"s, with the approval of the Decretar! of 'ublic 6or"s and Communications, shall promulgate the necessar! rules and regulations to regulate and control the use of and traffic on such roads and streets to promote safe transit upon, and avoid obstructions on, roads and streets designated as national
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roads, the ?irector of 'ublic 6or"s adopted the resolution of the ,ational .raffic Commission, prohibiting the passing of animal drawn vehicles in certain streets in 4anila. 'etitioner #uestioned this as it constitutes an undue delegation of legislative power. ISS)ES@ 6hether or not there is an undue delegation of legislative powerE R)LIN#@ .here is no undue delegation of legislative power. Commonwealth +ct 9 ) does not confer legislative powers to the ?irector of 'ublic 6or"s. .he authorit! conferred upon them and under which the! promulgated the rules and regulations now complained of is not to determine what public polic! demands but merel! to carr! out the legislative polic! laid down b! the ,ational +ssembl! in said +ct, to wit, Gto promote safe transit upon and avoid obstructions on, roads and streets designated as national roads b! acts of the ,ational +ssembl! or b! executive orders of the 'resident of the 'hilippinesH and to close them temporaril! to an! or all classes of traffic Gwhenever the condition of the road or the traffic ma"es such action necessar! or advisable in the public convenience and interest.H .he delegated power, if at all, therefore, is not the determination of what the law shall be, but merel! the ascertainment of the facts and circumstances upon which the application of said law is to be predicated. .o promulgate rules and regulations on the use of national roads and to determine when and how long a national road should be closed to traffic, in view of the condition of the road or the traffic thereon and the re#uirements of public convenience and interest, is an administrative function which cannot be directl! discharged b! the ,ational +ssembl!. ;t must depend on the discretion of some other government official to whom is confided the dut! of determining whether the proper occasion exists for executing the law. But it cannot be said that the exercise of such discretion is the ma"ing of the law.

&A$TS@ .he provincial board of 4indoro adopted resolution ,o. 29 wherein non$Christian inhabitants 7uncivilized tribes8 will be directed to ta"e up their habitation on sites on unoccupied public lands. ;t is resolved that under section 23** of the +dministrative Code, )33 hectares of public land in the sitio of .igbao on ,au%an <a"e be selected as a site for the permanent settlement of 4ang!anes in 4indoro. Aurther, 4ang!ans ma! onl! solicit homesteads on this reservation providing that said homestead applications are previousl! recommended b! the provincial governor. ;n that case, pursuant to Dection 21 9 of the &evised +dministrative Code, all the 4ang!ans in the townships of ,au%an and 'ola and the 4ang!ans east of the Baco &iver including those in the districts of ?ulangan and &ubiIs place in Calapan, were ordered to ta"e up their habitation on the site of .igbao, ,au%an <a"e. +lso, that an! 4ang!an who shall refuse to compl! with this order shall upon conviction be imprisoned not exceed in sixt! da!s, in accordance with section 2*9( of the revised +dministrative Code. Daid resolution of the provincial board of 4indoro were claimed as necessar! measures for the protection of the 4ang!anes of 4indoro as well as the protection of public forests in which the! roam, and to introduce civilized customs among them. ;t appeared that &ubi and those living in his rancheria have not fixed their dwelling within the reservation of .igbao and are liable to be punished. ;t is alleged that the 4anguianes are being illegall! deprived of their libert! b! the provincial officials of that province. &ubi and his companions are said to be held on the reservation established at .igbao, 4indoro, against their will, and one ?abalos is said to be held under the custod! of the provincial sheriff in the prison at Calapan for having run awa! form the reservation. ISS)E@ 6hether or ,ot Dection 21 9 of the +dministrative Code deprive a person of his libert! pf abode. .hus, 6-, Dection 21 9 of the +dministrative Code of 1(1* is constitutional. 'ELD@ .he Court held that section 21 9 of the +dministrative Code does not deprive a person of his libert! of abode and does not den! to him the e#ual protection of the laws, and that confinement in reservations in accordance with said section
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R)*I 3s! (ROVIN$IAL *OARD O& MINDORO #!R! No! <BCGG! Decem5er "= D<G
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does not constitute slaver! and involuntar! servitude. .he Court is further of the opinion that section 21 9 of the +dministrative Code is a legitimate exertion of the police power. Dection 21 9 of the +dministrative Code of 1(1* is constitutional. +ssigned as reasons for the action0 718 attempts for the advancement of the non$Christian people of the province/ and 728 the onl! successfull! method for educating the 4anguianes was to oblige them to live in a permanent settlement. .he Dolicitor$ =eneral adds the following/ 738 .he protection of the 4anguianes/ 7 8 the protection of the public forests in which the! roam/ 798 the necessit! of introducing civilized customs among the 4anguianes. -ne cannot hold that the libert! of the citizen is undul! interfered without when the degree of civilization of the 4anguianes is considered. .he! are restrained for their own good and the general good of the 'hilippines. G<ibert! regulated b! lawJ0 ;mplied in the term is restraint b! law for the good of the individual and for the greater good of the peace and order of societ! and the general well$being. ,o man can do exactl! as he pleases. ,one of the rights of the citizen can be ta"en awa! except b! due process of law. .herefore, petitioners are not unlawfull! imprisoned or restrained of their libert!. Cabeas corpus can, therefore, not issue.

'res. +#uino, amended '.?. 1(92. Dhe promulgated @xecutive -rder ,o. 13* on Aebruar! 2*, 1()*, expanding the grounds for reimbursement to oil companies for possible cost underrecover! incurred as a result of the reduction of domestic prices of petroleum products, the amount of the underrecover! being left for determination b! the 4inistr! of Ainance. .he petition avers that the creation of the trust fund violates 2(738, +rticle K; of the Constitution, reading as follows0 738 +ll mone! collected on an! tax levied for a special purpose shall be treated as a special fund and paid out for such purposes onl!. ;f the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if an!, shall be transferred to the general funds of the =overnment. .he petitioner argues that Jthe monies collected pursuant to . . '.?. 1(92, as amended, must be treated as a ID'@C;+< AL,?,I not as a Itrust accountI or a Itrust fund,I and that Jif a special tax is collected for a specific purpose, the revenue generated therefrom shall Ibe treated as a special fundI to be used onl! for the purpose indicated, and not channeled to another government ob%ective.J 'etitioner further points out that since Ja Ispecial fundI consists of monies collected through the taxing power of a Dtate, such amounts belong to the Dtate, although the use thereof is limited to the special purpose>ob%ective for which it was created.J Ce also contends that the Jdelegation of legislative authorit!J to the @&B violates 2) 728. +rticle K; of the Constitution, viz.0 728 .he Congress ma!, b! law, authorize the 'resident to fix, within specified limits, and sub%ect to such limitations and restrictions as it ma! impose, tariff rates, import and export #uotas, tonnage and wharfage dues, and other duties or imposts within the framewor" of the national development program of the =overnment/ and, inasmuch as the delegation relates to the exercise of the power of taxation, Jthe limits, limitations and restrictions must be #uantitative, that is, the law must not onl! specif! how to tax, who 7shall8 be taxed 7and8 what the tax is for, but also impose a specific limit on how much to tax.J ISS)ES@ 718 6hether or ,ot the invalidit! of the J.&LD. +CC-L,.J in the boo"s of account of the 4inistr! of @nerg! 7now, the -ffice of @nerg! +ffairs8, created pursuant to M ), paragraph 1, of '.?. ,o.
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OSMEFA VS! OR*OS ""G S$RA BG:H #!R! NO! DDCCAH : MAR DD: &A$TS@ -n -ctober 13, 1() , 'res. 4arcos issued '.?. 1(92 creating a Dpecial +ccount in the =eneral Aund, designated as the -il 'rice Dtabilization Aund 7-'DA8. .he -'DA was designed to reimburse oil companies for cost increases in crude oil and imported petroleum products resulting from exchange rate ad%ustments and from increases in the world mar"et prices of crude oil. Dubse#uentl!, the -'DA was reclassified into a Jtrust liabilit! account,J in virtue of @.-. 132 , and ordered released from the ,ational .reasur! to the 4inistr! of @nerg!.
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1(92, as amended, Jsaid creation of a trust fund being contrar! to Dection 2( 738, +rticle K; of the Constitution. 728 6hether or ,ot the unconstitutionalit! of ), paragraph 1 7c8 of '.?. ,o. 1(92, as amended b! @xecutive -rder ,o. 13*, for Jbeing an undue and invalid delegation of legislative power to the @nerg! &egulator! Board. 'ELD@ .he -'DA is a J.rust +ccountJ which was established Jfor the purpose of minimizing the fre#uent price changes brought about b! exchange rate ad%ustment and>or changes in world mar"et prices of crude oil and imported petroleum products.J Lnder '.?. ,o. 1(92, as amended b! @xecutive -rder ,o. 13* dated 2* Aebruar! 1()*, this .rust +ccount ma! be funded from an! of the following sources0 a8 +n! increase in the tax collection from ad valorem tax or customs dut! imposed on petroleum products sub%ect to tax under this ?ecree arising from exchange rate ad%ustment, as ma! be determined b! the 4inister of Ainance in consultation with the Board of @nerg!/ b8 +n! increase in the tax collection as a result of the lifting of tax exemptions of government corporations, as ma! be determined b! the 4inister of Ainance in consultation with the Board of @nerg!/ c8 +n! additional amount to be imposed on petroleum products to augment the resources of the Aund through an appropriate -rder that ma! be issued b! the Board of @nerg! re#uiring pa!ment of persons or companies engaged in the business of importing, manufacturing and>or mar"eting petroleum products/ d8 +n! resulting peso cost differentials in case the actual peso costs paid b! oil companies in the importation of crude oil and petroleum products is less than the peso costs computed using the reference foreign exchange rate as fixed b! the Board of @nerg!. Cence, it seems clear that while the funds collected ma! be referred to as taxes, the! are exacted in the exercise of the police power of the Dtate. 4oreover, that the -'DA is a special fund is plain from the special treatment given it b! @.-. 13*. ;t is segregated from the general fund/ and while it is placed in what the law refers to as a Jtrust liabilit! account,J the fund nonetheless remains sub%ect to the scrutin! and review of the C-+. .he Court is satisfied that these measures
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compl! with the constitutional description of a Jspecial fund.J ;ndeed, the practice is not without precedent. 6ith regard to the alleged undue delegation of legislative power, the Court finds that the provision conferring the authorit! upon the @&B to impose additional amounts on petroleum products provides a sufficient standard b! which the authorit! must be exercised. ;n addition to the general polic! of the law to protect the local consumer b! stabilizing and subsidizing domestic pump rates, M )7c8 of '.?. 1(92 expressl! authorizes the @&B to impose additional amounts to augment the resources of the Aund. 6hat petitioner would wish is the fixing of some definite, #uantitative restriction, or Ja specific limit on how much to tax.J .he Court is cited to this re#uirement b! the petitioner on the premise that what is involved here is the power of taxation/ but as alread! discussed, this is not the case. 6hat is here involved is not so much the power of taxation as police power. +lthough the provision authorizing the @&B to impose additional amounts could be construed to refer to the power of taxation, it cannot be overloo"ed that the overriding consideration is to enable the delegate to act with expedienc! in carr!ing out the ob%ectives of the law which are embraced b! the police power of the Dtate. .he interpla! and constant fluctuation of the various factors involved in the determination of the price of oil and petroleum products, and the fre#uentl! shifting need to either augment or exhaust the Aund, do not convenientl! permit the setting of fixed or rigid parameters in the law as proposed b! the petitioner. .o do so would render the @&B unable to respond effectivel! so as to mitigate or avoid the undesirable conse#uences of such fluidit!. +s such, the standard as it is expressed suffices to guide the delegate in the exercise of the delegated power, ta"ing account of the circumstances under which it is to be exercised.

C! D! G!
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TAFADA 3s! T)VERA #!R! No! L,A:D >= April "<= DC> &A$TS@ ;nvo"ing the peopleIs right to be informed on matters of public concern, a right recognized in Dection 2, +rticle ;K of the 1(*3 'hilippine Constitution, as well as the principle that laws to be valid and enforceable must be published in the -fficial =azette or otherwise effectivel! promulgated, petitioners, <orenzo 4. .anada et. al., see" a writ of mandamus to compel respondent public officials to publish, and>or cause the publication in the -fficial =azette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. .he respondents, through the Dolicitor =eneral, would have this case dismissed outright on the ground that petitioners have no legal personalit! or standing to bring the instant petition. Lpon the other hand, petitioners maintain that since the sub%ect of the petition concerns a public right and its ob%ect is to compel the performance of a public dut!, the! need not show an! specific interest for their petition to be given due course. ISS)E@ 6hether or not the said presidential issuances are in violation of the due process law for not being published in the official gazette. 'ELD@ .he Court hereb! orders respondents to publish in the -fficial =azette all unpublished presidential issuances which are of general application, and unless so published, the! shall have no binding force and effect. .he Court hold therefore that all statutes, including those of local application and private laws, shall be published as a condition for their effectivit!, which shall begin fifteen da!s after publication unless a different effectivit! date is fixed b! the legislature. Covered b! this rule are presidential decrees and executive orders promulgated b! the 'resident in the exercise of legislative powers whenever the same are validl! delegated b! the legislature or, at present, directl! conferred b! the Constitution, +dministrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation. ;nterpretative regulations and those merel! internal in nature, that is, regulating onl! the personnel of the administrative agenc! and not the public, need not
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be published. ,either is publication re#uired of the so$called letters of instructions issued b! administrative superiors concerning the guidelines to be followed b! their subordinates in the performance of their dut!. ;t is needless to add that the publication of presidential issuances Jof a public natureJ or Jof general applicabilit!J is a re#uirement of due process. ;t is a rule of law that before a person ma! be bound b! law, he must first be officiall! and specificall! informed of its contents. +s 5ustice Claudio .eehan"ee said in 'eralta vs. C-4@<@C0 ;n a time of proliferating decrees, orders and letters of instructions which all form part of the law of the land, the re#uirement of due process and the &ule of <aw demand that the -fficial =azette as the official government repositor! promulgate and publish the texts of all such decrees, orders and instructions so that the people ma! "now where to obtain their official and specific contents.

"!

:!
)S 3s An6 Tan6 'o - D""0 #!R! B "" &A$TS@ +t its special session of 1(1(, the 'hilippine <egislature passed +ct ,o.2)2), entitled J+n +ct penalizing the monopol! and holding of, and speculation in, pala!, rice, and corn under extraordinar! circumstances, regulating the distribution and sale thereof, and authorizing the =overnor$=eneral, with the consent of the Council of Dtate, to issue the necessar! rules and regulations therefor, and ma"ing an appropriation for this purpose.J Dection 3 defines what shall constitute a monopol! or hoarding of pala!, rice or corn within the meaning of this +ct, but does not specif! the price of rice or define an! basic for fixing the price. +ugust 1, 1(1(, the =overnor$=eneral issued a proclamation fixing the price at which rice should be sold. .hen, on +ugust ), 1(1(, a complaint was filed against the defendant, +ng .ang Co, charging him with the sale of rice at an excessive price. Lpon this charge, he was tried, found guilt! and sentenced. .he official records show that the +ct was to ta"e effect on its approval/ that it was approved 5ul! 33, 1(1(/ that the =overnor$ =eneral issued his proclamation on the 1st of
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+ugust, 1(1(/and that the law was first published on the 13th of +ugust, 1(1(/ and that the proclamation itself was first published on the 23th of +ugust, 1(1(. ISS)E@ 6-, the delegation of legislative power to the =overnor =eneral was valid. 'ELD@ B! the -rganic <aw, all <egislative power is vested in the <egislature, and the power conferred upon the <egislature to ma"e laws cannot be delegated to the =overnor$=eneral, or an!one else. .he <egislature cannot delegate the legislative power to enact an! law. .he case of the Lnited Dtates Dupreme Court, supra dealt with rules and regulations which were promulgated b! the Decretar! of +griculture for =overnment land in the forest reserve. .hese decisions hold that the legislative onl! can enact a law, and that it cannot delegate it legislative authorit!. .he line of cleavage between what is and what is not a delegation of legislative power is pointed out and clearl! defined. +s the Dupreme Court of 6isconsin sa!s0 .hat no part of the legislative power can be delegated b! the legislature to an! other department of the government, executive or %udicial, is a fundamental principle in constitutional law, essential to the integrit! and maintenance of the s!stem of government established b! the constitution. 6here an act is clothed with all the forms of law, and is complete in and of it, it ma! be provided that it shall become operative onl! upon some certain act or event, or, in li"e manner, that its operation shall be suspended. .he legislature cannot delegate its power to ma"e a law, but it can ma"e a law to delegate a power to determine some fact or state of things upon which the law ma"es, or intends to ma"e, its own action to depend. ;t must be conceded that, after the passage of act ,o. 2)2), and before an! rules and regulations were promulgated b! the =overnor$=eneral, a dealer in rice could sell it at an! price, even at a peso per Jganta,J and that he would not commit a crime, because there would be no law fixing the price of rice, and the sale of it at an! price would not be a crime. .hat is to sa!, in the absence of a proclamation, it was not a crime to sell rice at an!
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price. Cence, it must followthat, if the defendant committed a crime, it was because the =overnor$=eneral issued the proclamation. .here was no act of the <egislature ma"ing it a crime to sell rice at an! price, and without the proclamation, the sale of it at an! price was to a crime. 6hen +ct ,o. 2)2) is anal!zed, it is the violation of the proclamation of the =overnor$=eneral which constitutes the crime. 6ithout that proclamation, it was no crime to sell rice at an! price. ;n other words, the <egislature left it to the sole discretion of the =overnor$=eneral to sa! what was and what was not Jan! causeJ for enforcing the act, and what was and what was not Jan extraordinar! rise in the price of pala!, rice or corn,J and under certain undefined conditions to fix the price at which rice should be sold, without regard to grade or #ualit!, also to sa! whether a proclamation should be issued, if so, when, and whether or not the law should be enforced, how long it should be enforced, and when the law should be suspended. .he <egislature did not specif! or define what was Jan! cause,J or what was Jan extraordinar! rise in the price of rice, pala! or corn,J ,either did it specif! or define the conditions upon which the proclamation should be issued. ;n the absence of the proclamation no crime was committed. .he alleged sale was made a crime, if at all, because the =overnor$=eneral issued the proclamation. .he act or proclamation does not sa! an!thing about the different grades or #ualities of rice, and the defendant is charged with the sale Jof one ganta of rice at the price of eight! centavos 7'3.)38 which is a price greater than that fixed b! @xecutive order ,o. 93.J 6e are clearl! of the opinion and holdthat +ct ,o. 2)2), in so far as it underta"es to authorized the =overnor$=eneral in his discretion to issue a proclamation, fixing the price of rice, and to ma"e the sale of rice in violation of the price of rice, and to ma"e the sale of rice in violation of the proclamation a crime, is unconstitutional and void.

<!
(eople 3s! Maceren #!R No! :" AA= Octo5er C= DBB #R No! L,:" AA &A$TS@ On March 7, 1969 Jose Buenaventura, Godofredo Reyes, Benjamin Reyes, Nazario !uino and "ar#ito de# Rosario $ere char%ed &y a "onsta&u#ary investi%ator in the munici'a# court of (ta) "ruz, *a%una $ith havin% vio#ated +isheries dministrative Order No) ,-.1) /t $as a##e%ed in the
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com'#aint that the five accused in the mornin% of March 1, 1969 resorted to e#ectro fishin% in the $aters of Barrio (an 0a&#o Norte, (ta) "ruz usin% a device or e!ui'ment to catch fish thru e#ectric current $hich there&y destroy any a!uatic anima#s $ithin its current reach, to the detriment and 'rejudice of the 'o'u#ace) 1he munici'a# court !uashed the com'#aint and the "+/ affirmed such dismissa#) 2ence this 'etition) ISS)E@ Decretar! of +griculture and ,atural &esources and the Commissioner of Aisheries exceeded their authorit! in issuing administrative orders. 'ELD@ Fes. .he court held that the that the Decretar! of +griculture and ,atural &esources and the Commissioner of Aisheries exceeded their authorit! in issuing Aisheries +dministrative -rders ,os. ) and ) $1 and that those orders are not warranted under the Aisheries Commission, &epublic +ct ,o. 3912. .he reason is that the Aisheries <aw does not expressl! prohibit electro fishing. +s electro fishing is not banned under that law, the Decretar! of +griculture and ,atural &esources and the Commissioner of Aisheries are powerless to penalize it. ;n other words, +dministrative -rders ,os. ) and ) $1, in penalizing electro fishing, are devoid of an! legal basis. Cad the lawma"ing bod! intended to punish electro fishing, a penal provision to that effect could have been easil! embodied in the old Aisheries <aw. +dministrative regulations adopted under legislative authorit! b! a particular department must be in harmon! with the provisions of the law, and should be for the sole purpose of carr!ing into effect its general provisions. B! such regulations, of course, the law itself cannot be extended to amend or expand the statutor! re#uirements or to embrace matters not covered b! the statute.

AN# TI*A% 3s! T'E $O)RT O& IND)STRIAL RELATIONS #!R! No! L,<A<DA &e5ruar7 "B= D<G &A$TS@ .eodoro .oribio owns and operates +ng .iba!, a leather compan! which supplies the 'hilippine +rm!. ?ue to alleged shortage of leather, .oribio caused the la!off of members of ,ational <abor Lnion ;nc. 7,<L8. ,<L averred that .oribios act is not valid as it is not within the Collective Bargaining +greement. .he! also alleged that there are two labor unions in +ng .iba!/ ,<L and,ational 6or"ers Brotherhood 7,6B8. .he! further contend that ,6B is dominated b! .oribio himself hence he favors it over ,<L. ,<L pra!s for a new trial as the! were able to come up with new evidence>documents that the! were not able to obtain before, as the! were inaccessible and the! were not able to present it before in the Court of ;ndustrial &elations. ISS)E@ 6hether or not there has been a due process of law. 'ELD@ .he DC ruled that there should be a new trial in favor of ,<L. .he Court of ;ndustrial &elations is a special court whose functions are specificall! stated in the law of its creation 7Commonwealth +ct ,o. 1338. ;t is more an administrative than a part of the integrated %udicial s!stem of the nation. ;t has %urisdiction over the entire 'hilippines, to consider, investigate, decide, and settle an! #uestion, matter controvers! or dispute arising between, and>or affecting emplo!ers and emplo!ees or laborers, and regulate the relations between them, sub%ect to, and in accordance with, the provisions of C+ ,o. 133 7Dec 18. ;n fine, it ma! appeal to voluntar! arbitration in the settlement of industrial disputes/ ma! emplo! mediation or conciliation for that purpose, or recur to the more effective s!stem of official investigation and compulsor! arbitration in order to determine specific controversies between labor and capital industr! and in agriculture. .here is in realit! here a mingling of executive and %udicial functions, which is a departure from the rigid doctrine of the separation of governmental powers. .he fact, however, that the Court of ;ndustrial &elations ma! be said to be free from the rigidit! of certain procedural re#uirements does not mean

>!
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the

A!
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that it can, in %ustifiable cases before it, entirel! ignore or disregard the fundamental and essential re#uirements of due process in trials and investigations of an administrative character. .here are primar! rights which must be respected even in proceedings of this character0 718 .he right to a hearing, which includes the right of the part! interested or affected to present his own case and submit evidence in support thereof. 728 ,ot onl! must the part! be given an opportunit! to present his case and to adduce evidence tending to establish the rights which he asserts but the tribunal must consider the evidence presented. 738 6hile the dut! to deliberate does not impose the obligation to decide right, it does impl! a necessit! which cannot be disregarded, namel!, that of having something to support its decision. + decision with absolutel! nothing to support it is a nullit!, a place when directl! attached. 7 8 ,ot onl! must there be some evidence to support a finding or conclusion but the evidence must be Gsubstantial.H Dubstantial evidence is more than a mere scintilla/ it means such relevant evidence as a reasonable mind might accept as ade#uate to support a conclusion. 798 .he decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. 728 .he Court of ;ndustrial &elations or an! of its %udges, therefore, must act on its or his own independent consideration of the law and facts of the controvers!, and not simpl! accept the views of a subordinate in arriving at a decision. 7*8 .he Court of ;ndustrial &elations should, in all controversial #uestions, render its decision in such a manner that the parties to the proceeding can "now the various issues involved, and the reasons for the decisions rendered. .he performance of this dut! is inseparable from the authorit! conferred upon it. ;n the right of the foregoing fundamental principles, it is sufficient to observe that, except as to the alleged agreement between the +ng .iba! and the ,ational 6or"erIs Brotherhood, the record is barren and does not satisf! the thirst for a factual basis upon which to predicate, in a national wa!, a conclusion of law. .he DC further held that that the interest of %ustice would be better served if the movant is given opportunit! to present at the hearing the documents referred to in his motion and such other evidence as ma! be relevant to the main issue involved. .hus, the motion for a new trial was granted, and the entire record of the case was
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remanded to the Court of ;ndustrial &elations, with instruction that it reopen the case, receive all such evidence as ma! be relevant and otherwise proceed in accordance with the re#uirements set forth hereinabove.

B!
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the

C!
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the

D!
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the

"G!
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the

" !
MA?IMO $ALALAN#= 3s! A! D! WILLIAMS= ET AL! #!R! No! <BCGG! Decem5er "= D<G &A$TS@ .his case is "nown for the elegant exposition of the
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Vda! De Tan 3s! Veterans *acIpa7 $ommission G> (.il :BB &A$TS@ -n 4arch 9, 1(9*, petitioner$appellee, 4aria ,atividad vda. de .an filed with the Court of Airst ;nstance of 4anila a verified petition for mandamus see"ing an order to compel the respondent$ appellant Keterans Bac" 'a! Commission0 718 to declare deceased <t. .an Chiat Beealias .an <ian <a!, a Chinese national, entitled to bac"pa! rights, privileges, and prerogatives under &epublic +ct ,o. 33 , as amended b! &epublic +ct ,o. )(*/ and 728 to give due course to the claim of petitioner, as the widow of the said veterans, b! issuing to her the corresponding bac"pa! certificate of indebtedness. &espondent Commission filed its answer in due time asserting certain special and affirmative defenses, on the basis of which, the Commission unsuccessfull! moved to dismiss the petition. .he petition is granted, ordering respondent Commission to give due course to the claim of herein petitioner to the bac"pa! to which her deceased husband was entitled as member of a dul! recognized guerrilla organization. .he respondent instituted this appeal averring once more, in its assignment of errors, the special and affirmative defenses that the petitioner failed to exhaust available administrative remedies/ that the suit is, in effect, an action to enforce a mone! claim against the government without its consent/ that mandamus will not lie to compel the exercise of a discretionar! function/ and that the &epublic +ct ,os. 33 and )(* alread! referred to were never intended to benefit aliens. ISS)E@ 6hether or not the petitioner should have first exhausted her administrative remedies b! appealing to the 'resident of the 'hilippines before filing an action in courtE 'ELD@ .he supreme court ruled that the claim that mandamus is not the proper remed! to correct the exercise of discretion of the Commission, it ma! well be remembered that its discretion is limited to the facts of the case in merel! evaluating the evidence whether or not the claimant is a member of a guerrilla force dul! recognized b! the Lnited
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Dtates +rm!/ that nowhere in the law is the respondent Commission given the power to ad%udicate or determine rights after such facts are established/ that the contention of the Commission that the petitioner should have first exhausted her administrative remedies b! appealing to the 'resident of the 'hilippines, and that her failure to do so is a bar to her action in court. .he respondent Commission is in estoppel to invo"e this rule, considering that in its resolution, reiterating its obstinate refusal to abide b! the opinion of the Decretar! of 5ustice, that the opinions promulgated b! the Decretar! of 5ustice are advisor! in nature, which ma! either be accepted or ignored b! the office see"ing the opinion, and an! aggrieved part! has the court for recourse, thereb! leading the petitioner to conclude that onl! a final %udicial ruling in her favor would be accepted b! the Commission. .hat neither is there substance in the contention that the petition is, in effect, a suit against the government without its consent/ that the relief pra!ed for is simpl! Jthe recognition of the petitioner$ appelleeJ and consists in Jdirecting an agenc! of the government to perform an act, it is bound to perform.J &epublic +ct ,os. 33 and )(* necessaril! embod! state consent to an action against the officers entrusted with the implementation of said +cts in case of un%ustified refusal to recognize the rights of proper applicants. .he decision appealed from was affirmed.

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of private respondent filed a petition with the respondent Board for the issuance of a certificate of public convenience to operate a similar service on the same line. 6ithout the re#uired publication, the Board issued on order granting it provisional permit to operate on the line applied for. + motion for reconsideration was filed and for the cancellation of such provisional permit but without awaiting final action, this petition was filed on the ground that the issuance of provisional permit was patentl! illegal or was performed without %urisdiction. ISS)E@ 6hether or not the controvers! is ripe for %udicial determination 'ELD@ F@D. ;t is undeniable that at the time the petition was filed, there was pending with respondent Board a motion for reconsideration. -rdinaril!, its resolution should be awaited. .he Court ma! to go into the merits of the controvers! even at the stage where there is a pending 4&, not onl! because of the importance of the issue raised but also because of the strong public interest in having the matter settled.

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Arrow Transportation $orp! 3s! *oard of Transportation #R No! L,:DA>>= Marc. " = DB> &A$TS@ Both petitioner and private respondent Dultan &ent$a$Car are domestic corporations. .he former has in his favor a certificate of public convenience to operate a public utilit! auto$truc" service from Cebu cit! to 4actan ;nternational +irport and vice versa. 'rivate respondent filed a petition with the respondent Board for the issuance of a certificate
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'ursuant to a 4aster Consolidation +greement, the ownership, rights and interests in D"! Kision and Lnilin" were purportedl! placed under a holding compan! "nown as IBe!ond CableI, 22.9 O of which is owned b! the Benpres =roup, composed of <opez ;nc., Benpres Coldings and +BD$CB,, while 33.9O thereof is owned b! the '<?. =roup. +s a result of this business combination, respondents have cornered at least *1O of the total cable television mar"et in 4ega 4anila. .he! are thus able to dictate the signal transmission, channel position, and the airing of shows, programs, and broadcast of non$cable companies li"e +BD$CB, and =4+, which the law re#uires them to carr!. =4+ alleged that the re$channeling of its cable television broadcast resulted in damage to its business operations. ISS)ES@ 7a8 Dhould the complaint be ad%udicated under the %urisdiction of the trial court or the ,.CE 7b8 ;s =4+ entitled to an award of damages, it would have to initiall! ascertain whether there was arbitrar! re$channeling which distorted and downgraded =4+Is signalE 'ELD@ 5urisdiction of the ,ational .elecommunications Commission Conse#uentl!, while it is true that the regular courts are possessed of general %urisdiction over actions for damages, it would nonetheless be proper for the courts to !ield its %urisdiction in favor of an administrative bod! when the determination of underl!ing factual issues re#uires the special competence or "nowledge of the latter. ;n this era of clogged court doc"ets, administrative boards or commissions with special "nowledge, experience and capabilit! to promptl! hear and determine disputes on technical matters or intricate #uestions of facts, sub%ect to %udicial review in case of grave abuse of discretion, are well nigh indispensable. Between the power lodged in an administrative bod! and a court, therefore, the unmista"able trend is to refer it to the former. ;n this regard, we note that there is a pending case before the ,.C in which the factual issues raised in petitionerIs complaint have also been pleaded. +lthough petitioner pra!s in the ,.C case for the administrative remed! of cancellation of the cable companiesI certificates of authorit!, licenses and permits, it is inevitable that, in granting or den!ing this pra!er, the ,.C would have to pass upon the same factual issues posed in petitionerIs complaint
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#MA NETWORK= IN$! 3s! A*S,$*N= ET AL! #!R! No! AGBG:! Septem5er ":= "GG> &A$TS@ 'etitioner =4+ ,etwor", ;nc. 7=4+I8 filed on 4a! 2, 2333 before the &egional .rial Court of Nuezon Cit! a complaint for damages against respondents +BD$CB, Broadcasting Corporation 7+BD$CB,I8, Central C+.K, ;nc. 7D"!CableI8, 'hilippine Come Cable Coldings, ;nc. 7Come CableI8 and 'ilipino Cable Corporation 7Dun CableI8. ;n its complaint, =4+ alleged that respondents engaged in unfair competition when the cable companies arbitraril! re$channeled petitionerIs cable television broadcast on Aebruar! 1, 2333, in order to arrest and destro! its upswing performance in the television industr!. =4+ argued that respondents were able to perpetrate such unfair business practice through a common ownership and interloc"ing businesses. D"!Cable and Dun Cable are wholl!$owned subsidiaries of D"! Kision Corporation 7D"! KisionI8 which is allegedl! controlled b! <opez, ;nc. -n the other hand, Come Cable is a wholl!$owned subsidiar! of Lnilin" Communications Corporation 7Lnilin"I8, which is owned b! 4edia#uest Coldings, ;nc., a compan! controlled b! the 'ension .rust Aund of the '<?. @mplo!ees 7'<?. =roupI8.
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before the trial court. .he latter was thus correct in appl!ing the doctrine of primar! %urisdiction if onl! to avoid conflicting factual findings between the court and the ,.C. .he regulation of ownership of television and cable television companies is li"ewise within the exclusive concern of the ,.C, pursuant to its broader regulator! power of ensuring and promoting a Ilarger and more effective use of communications, radio and television broadcasting facilitiesI in order that the public interest ma! well be served. .he ,.C is mandated to maintain effective competition among private entities engaged in the operation of public service communications. ;t is also the agenc! tas"ed to grant certificates of authorit! to cable television operators, provided that the same Idoes not infringe on the television and broadcast mar"ets. &uling on ?amages Ainall!, the complaint failed to state a cause of action against +BD$CB, and the other respondents, considering that the ultimate facts upon which the complaint for damages depends fall within the technical competence of an administrative bod!. -therwise stated, pending determination b! the ,.C of the factual #uestions involved in the case, petitionerIs complaint, which is founded upon such factual issues, would be premature. 6C@&@A-&@, the petition is ?@,;@?. .he assailed resolution dated -ctober 33, 2333 of the &egional .rial Court of Nuezon Cit!, Branch (*, is +AA;&4@?.

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