Lupangco vs. CA In Lupangco v.

Court of Appeals,27 this Court, in declaring unconstitutional the resolution subject thereof, advanced a similar consideration. That case involved a resolution issued by the Professional Regulation Commission which prohibited examinees from attending review classes and receiving handout materials, tips, and the like three days before the date of examination in order to preserve the integrity and purity of the licensure examinations in accountancy. Besides being unreasonable on its face and violative of academic freedom, the measure was found to be more sweeping than what was necessary, viz: Needless to say, the enforcement of Resolution No. 105 is not a guarantee that the alleged leakages in the licensure examinations will be eradicated or at least minimized. Making the examinees suffer by depriving them of legitimate means of review or preparation on those last three precious days when they should be refreshing themselves with all that they have learned in the review classes and preparing their mental and psychological make-up for the examination day itself would be like uprooting the tree to get rid of a rotten branch. What is needed to be done by the respondent is to find out the source of such leakages and stop it right there. If corrupt officials or personnel should be terminated from their loss, then so be it. Fixers or swindlers should be flushed out. Strict guidelines to be observed by examiners should be set up and if violations are committed, then licenses should be suspended or revoked. x x x (Emphasis and underscoring supplied)28 Montecillo vs. Civil Service Commission In Montecillo v. CSC, 2001, the SC said that under Administrative Code of 1987, the CSC is expressly empowered to declare positions in the CSC as primarily confidential. This signifies that the enumeration in the Civil Service decree, which defines the non-career service, is not an exclusive list. The Commission can supplement this enumeration, as it did when it issued Memorandum Circular 22, s. 1991, specifying positions in the Civil Service which are considered primarily confidential and, therefore, their occupants hold tenure co-terminous with the officials they serve.21 SMART COMMUNICATIONS, TELECOMMUNICATIONS G.R. 151908, August 12, 2003 INC. ET AL. V. COMMISSION NATIONAL (NTC) 2. The determination of whether a specific rule or set of rules issued by an administrative body contravenes the law or the constitution is within the judicial power as defined by the Constitution which is the duty of the Courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there haw been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. The NTC circular was issued pursuant to its quasi-legislative or rule-making power. Hence, the action must be filed directly with the regular courts without requiring exhaustion of administrative remedies. 3. Where the act of administrative agency was performed pursuant to its quasi-judicial function, exhaustion of administrative remedy is required, before going to court. 4. The doctrine of primary jurisdiction applies only where the administrative agency exercises its quasi-judicial or adjudicatory function. Thus, in cases involving specialized disputes, the same must be referred to an administrative agency of special competence pursuant to the doctrine of primary jurisdiction. This doctrine of primary jurisdiction applies where the claim requires the resolution of issues which, under a regulatory scheme, has been placed within the special competence of an administrative body. In such case, the judicial process is suspended pending referral of such issues to the administrative body for its view. PEOPLE VS. MACEREN Recently, the case of People v. Maceren gave a brief delienation of the scope of said power of administrative officials: Administrative regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law, and should be for the sole purpose of carrying into effect its general provision. By such regulations, of course, the law itself cannot be extended (U.S. v. Tupasi Molina, supra). An administrative agency cannot amend an act of Congress (Santos vs. Estenzo, 109 Phil. 419, 422; Teoxon vs. Members of the Board of Administrators, L-25619, June 30, 1970, 33 SCRA 585; Manuel vs. General Auditing Office, L-28952, December 29, 1971, 42 SCRA 660; Deluao v. Casteel, L-21906, August 29, 1969, 29 SCRA 350).chanroblesvirtualawlibrary chanrobles virtual law library The rule-making power must be confined to details for regulating the mode or proceeding to carry into effect the law as it has been enacted. The power cannot be extended to amending or expanding the statutory requirements or to embrace matters not covered by the statute. Rules that subvert the statute cannot be sanctioned (University of Santo Tomas v. Board of Tax Appeals, 93 Phil. 376, 382, citing 12 C.J. 845-46. As to invalid regulations, see Collector of Internal Revenue v. Villaflor, 69 Phil. 319; Wise & Co. v. Meer, 78 Phil. 655, 676; Del Mar v. Phil. Veterans Administration, L-27299, June 27, 1973, 51 SCRA 340, 349).chanroblesvirtualawlibrary chanrobles virtual law library xxx xxx xxx chanrobles virtual law library
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Facts: The NTC issued Billing Circular 13-6-2000 which promulgated rules and regulations on the billing of telecommunications services. Petitioners filed with the RTC a petition to declare the circular as unconstitutional. A motion to dismiss was filed by the NTC on the ground of petitioners to exhaust administrative remedies. The RTC denied the motion to dismiss but on certiorari, the CA reversed RTC. Held: 1. Administrative bodies had (a) quasi-legislative or rule-making powers and (b) quasi-judicial or administrative adjudicatory powers. Quasi-legislative or rule-making power is the power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of non-delegability and separability of powers. To be valid, such rules and regulations must conform to, and be consistent with, the provisions of enabling statute. Quasi-judicial or administrative adjudicatory power is the power to hear and determine questions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by law itself in enforcing and administering the same law. In carrying out their quasi-judicial functions, the administrative officers or bodies are required to investigate facts or ascertain the existence of facts, hold hearings, weigh evidence, and draw conclusions from them for their official action and exercise of discretion in a judicial.

. . . The rule or regulation should be within the scope of the statutory authority granted by the legislature to the administrative agency (Davis, Administrative Law, p. 194, 197, cited in Victorias Milling Co., Inc. v. Social Security Commission, 114 Phil. 555, 558).chanroblesvirtualawlibrary chanrobles virtual law library In case of discrepancy between the basic law and a rule or regulation issued to implement said law, the basic prevails because said rule or regulations cannot go beyond the terms and provisions of the basic law (People v. Lim, 108 Phil. 1091). HILADO VS. COLLECTOR no vested rights can be acquired on a wrong construction of the law by administrative officials, and such wrong interpretation does not place the government in estoppel to correct or overrule the same A legislative Act, therefore, can only be repealed by another subsequent legislative Act