ALEGRE VS. COLLECTOR OR CUSTOMS, G.R. NO. L-30783, 1929   TOPIC/DOCTRINE   FACTS Petitioner is engaged in the production of  abaca  and its exportation to foreign markets. He applied to the respondent for a permit to export one hundred bales of  abaca  to England, but was denied. He was advised by the respondent that he would not be permitted to export the  abaca  in question without a certificate from the Fiber Standardization Board. So he filed a petition for a writ of mandamus, alleging that the provisions of the Administrative Code for the grading, inspection and certification of fibers, in particular, sections 1772 and 1244 of that Code, are unconstitutional and void.   ISSUE Whether the authority vested in the Fiber Standardization Board is a delegation of legislative power.   RULING No. The court ruled that the Legislature has enacted a law which provides for the inspection, grading and baling of hemp be...

RODRIGO VS. SANDIGANBAYAN, G.R. No. 125498, JULY 2, 1999   TOPIC/DOCTRINE What Congress delegated to the DBM is the administration of the Compensatory and Position Classification System and not the determination of the jurisdiction of the Sandiganbayan.   FACTS Petitioner mayor’s position having been classified as Grade 27 in accordance with R.A. No. 6758, and having been charged with violation of Section 3 (e) of R.A. No. 3019, petitioner is subject to the jurisdiction of the Sandiganbayan, as defined by Section 4 a. of P.D. No. 1606, as amended by Section 2 of R.A. No. 7975. By virtue of the same Section 4 a., as amended, his co-accused are also subject to the Anti-Graft Court's jurisdiction. Petitioners now move for a reconsideration of our decision, contending that the authority of the DBM was limited to the “preparation” of the Index of Occupational Services, Position Titles and Salary Grades. A new law adopting said Index, petitioners argue, is required f...

ABAKADA GURO PARTYLIST VS. PURISIMA, G.R. NO. 166715, 2008   TOPIC/DOCTRINE Two tests determine the validity of delegation of legislative power: (1) the completeness test and (2) the sufficient standard test. A law is complete when it sets forth therein the policy to be executed, carried out or implemented by the delegate. It lays down a sufficient standard when it provides adequate guidelines or limitations in the law to map out the boundaries of the delegate’s authority and prevent the delegation from running riot. To be sufficient, the standard must specify the limits of the delegate’s authority, announce the legislative policy and identify the conditions under which it is to be implemented.   FACTS RA 9335 (Attrition Act of 2005) encourages BIR and BOC officials and employees to exceed their revenue targets by providing for a system of rewards and sanctions through a Rewards and Incentives Fund (Fund) and a Revenue Performance Evaluation Board (Board). This c...

CAWAD VS. ABAD, G.R. NO. 207145, 2015   TOPIC/DOCTRINE There are, however, several exceptions, one of which are interpretative regulations which “need nothing further than their bare issuance for they give no real consequence more than what the law itself has already prescribed.” These regulations need not be published for they add nothing to the law and do not affect substantial rights of any person.   FACTS On March 26, 1992, Republic Act (RA) No. 7305, otherwise known as  The Magna Carta of Public Health Workers  was signed into law in order to promote the social and economic well-being of health workers, their living and working conditions and terms of employment, to develop their skills and capabilities to be better equipped to deliver health projects and programs, and to encourage those with proper qualifications and excellent abilities to join and remain in government service. On July 28, 2008, the Fourteenth Congress issued Joint Resolution No...

LOVINA VS. MORENO, 9 SCRA 557, 1963   TOPIC/DOCTRINE Findings of fact of Secretary of Public Works supported by substantial evidence respected.   FACTS This is an appeal from a decision of the Court of First Instance of Manila in its  Civil Case No. 41639 , enjoining the Secretary of Public Works and Communications from causing the removal of certain dams and dikes in a fishpond owned by Primitivo and Nelly Lovina in the Municipality of Macabebe Province of Pampanga, covered by T.C.T. No. 15905. After notice and hearing to the parties, the said Secretary found the constructions to be a public nuisance in navigable waters, and ordered the land owners, spouses Lovina, to remove five (5) closures of Sapang Bulati; otherwise, the Secretary would order their removal at the expense of the respondent. The position of the plaintiffs-appellees in the court below was that Republic Act No. 2056 is unconstitutional because it invests the Secretary of Public Works an...

COOPERATIVE DEVELOPMENT AUTHORITY V. DOLEFIL AGRARIAN REFORM BENEFICIARIES COOPERATIVE, INC., G.R. NO. 137489. MAY 29, 2002   TOPIC/DOCTRINE Pursuant to the constitutional mandate directing Congress to create a centralized agency that shall promote the viability and growth of cooperatives, the Congress approved on 10 March 1990 Republic Act No. 6939 which is the organic law creating the Cooperative Development Authority, and apparently cognizant of the errors in the past, Congress declared in an unequivocal language that the state shall “maintain the policy of non-interference in the management and operation of cooperatives.”   FACTS Sometime in the later part of 1997, the CDA received from certain members of the Dolefil Agrarian Reform Beneficiaries Cooperative, Inc., an agrarian reform cooperative that owns 8,860 hectares of land in Polomolok, South Cotabato, several complaints alleging mismanagement and/or misappropriation of funds of DARBCI by the then incumb...

ERB V. COURT OF APPEALS, 305 SCRA 327 (1999)   TOPIC/DOCTRINE The fine imposed on PAL in CAB Resolution 109 (70) and 132 (70) is that fine or civil penalty contemplated in the relevant provisions of Republic Act 776 and not a fine in the nature of criminal penalty as contemplated in the Revised Penal Code. It is an administrative penalty which administrative officers are empowered to impose without criminal prosecution.   FACTS Normally, electric power generated by the National Power Corporation (NPC) is sold through private utility firms authorized to operate within a franchise area. In the present case, the private respondents bypassed the franchise holder in their area and obtained power directly from the NPC. Petitioner, on the other hand, wants a disconnection of such direct supply. Which agency of the government has jurisdiction to hear and decide the dispute-the Energy Regulatory Board (ERB) or the Department of Energy (DOE)?   ISSUE Which agenc...

CIVIL AERONAUTICS BOARD V. PHILIPPINE AIRLINES, INC., 63 SCRA 524 (1975)   TOPIC/DOCTRINE The fine imposed on PAL in CAB Resolution 109 (70) and 132 (70) is that fine or civil penalty contemplated in the relevant provisions of Republic Act 776 and not a fine in the nature of criminal penalty as contemplated in the Revised Penal Code. It is an administrative penalty which administrative officers are empowered to impose without criminal prosecution.   FACTS This appeal from Resolutions Nos. 109(70) and 132(70) of the Civil Aeronautics Board (CAB), imposing a fine of P2 ,50 0 up on appellant Philippine Air Lines Inc. (PAL) for making a flagstop at Baguio City on May 12, 1970, in its Flight 213 .   ISSUE Whether or not the Civil Aeronautics Board has authority under the Civil Aeron autics Act to impose penalties.   RULING Yes. Here, the court noted that The fine imposed on PAL in CAB Resolution 109 (70) and 132 (70) is that fine or civil penal...

VIVO V. MONTESA G.R. No. L-24576 , JULY 29, 1968   TOPIC/DOCTRINE Section 1 (3), Article III of the Constitution, we perceive, does not require judicial intervention in the execution of a final order of deportation issued in accordance with law.  But the issuance of warrants of arrest by the Commissioners of Immigration, solely for purposes of investigation and before a final order of deportation is issued, conflicts with paragraph 3, Section 1, of Article III (Bill of Rights) of our Constitution.   FACTS The private respondents Juan, Pedro, Julio, Marcelo, Jose, Manuel and Benito, all surnamed "Calacday" arrived in the Philippines from Hongkong, the first four on 18 November 1959, and the last three on 6 December 1959. After investigation, a board of special inquiry  found them to be the legitimate sons of a Filipino citizen, one Isaac Calacday, and thus admitted them into this country. Sometime in February, 1963, however, Isaac Calacday confessed b...

PHIL. COMMUNICATIONS CORP. V. ALCUAZ, 180 SCRA 218 (1989)   TOPIC/DOCTRINE W here a public administrative body acts in a judicial or quasi-judicial matter, and its acts are particular and immediate rather than general and prospective, the person whose rights or property may be affected by the action is entitled to notice and hearing.   FACTS Petitioner was exempt from the jurisdiction of the then Public Service Commission, now respondent NTC. However, pursuant to Executive Order No. 196 placed under the jurisdiction, control and regulation of respondent NTC, including all its facilities and services and the fixing of rates. Implementing said Executive Order No. 196, respondents required petitioner to apply for the requisite certificate of public convenience and necessity covering its facilities and the services it renders, as well as the corresponding authority to charge rates therefor. petitioner filed with respondent NTC an application for authority to continue...

LANOT VS. COMELEC G.R. NO. 164858, NOVEMBER 16, 2006   TOPIC/DOCTRINE The essential elements for violation of Section 80 of the Omnibus Election Code are: (1) a person engages in an election campaign or partisan political activity, (2) the act is designed to promote the election or defeat of a particular candidate or candidates, (3) the act is done outside the campaign period; Unless one has filed his certificate of candidacy, he is not a “candidate.”   FACTS Lanot and Eusebio were candidates for the 2004 mayoral elections on Pasig City. Lanot et al filed a petition for disqualification against Eusebio. Petiotioners alleged that Eusebio engaged in an election campaign in various forms on various occasions outside the designated campaign period, violation of Sec 80 of the Omnibus Election Code. COMELEC order the disqualification of Eusebio but such disqualification was lifted upon approval his motion for reconsideration. The 2004 election was conducted; Eusebio re...

PEÑERA VS. COMELEC G.R. NO. 181613,  NOVEMBER 25, 2009   TOPIC/DOCTRINE Under the Decision, a candidate may already be liable for premature campaigning after the filing of the certificate of candidacy but  even before the start of the campaign period . From the filing of the certificate of candidacy, even long before the start of the campaign period, the Decision considers the partisan political acts of a person so filing a certificate of candidacy  “as the promotion of his/her election as a candidate.”  Thus, such person can be disqualified for premature campaigning for acts done before the start of the campaign period.  In short, the Decision considers a person who files a certificate of candidacy already a “candidate” even before the start of the campaign period.  The assailed Decision is contrary to the clear  intent and letter  of the law.   FACTS Penera and private respondent Edgar T. Andanar were mayoralty candidates...

MAQUILING VS. COMELEC G.R. NO. 195649, APRIL 16, 2013   TOPIC/DOCTRINE While those who acquire dual citizenship by choice are afforded the right of suffrage, those who seek election or appointment to public office are required to renounce their foreign citizenship to be deserving of the public trust. Holding public office demands full and undivided allegiance to the Republic and to no other.   FACTS Rommel Arnado is a natural bon Filipino citizen who lost his citizenship upon his naturalization as an American citizen. Subsequently, he renounced his American citizenship and ran as a Mayor of Lanao del Norte. After he was proclaimed the winner, the COMELEC anulled such proclamation and consequently directed that the order of succession under the Local Government Code be followed. Maquiling, another candidate for mayor, and who garnered the second highest number of votes in the election intervened the case, claims that he should be proclaimed as the winner.  ...