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[i]t cannot try and decide cases (or hear and determine causes) as courts of
justice, or even quasi-judicial bodies do. To investigate is not to adjudicate
or adjudge. Whether in the popular or the technical sense, these terms have
well understood and quite distinct meanings.
Nowhere from the text of the law nor its Implementing Rules and (2) It must be promulgated in accordance with the prescribed procedure;
Regulations can we glean that the AMLC exercises quasi-judicial functions
whether the actual preliminary investigation is done simply at its behest or (3) It must be within the scope of the authority given by the legislature;
conducted by the Department of Justice and the Ombudsman. and
Plainly, the AMLC's investigation of money laundering offenses and its (4) It must be reasonable.41
determination of possible money laundering offenses, specifically its inquiry
into certain bank accounts allowed by court order, does not transform it E.O. No. 567 satisfies all of the above requisites.
into an investigative body exercising quasi-judicial powers. Hence, Section
11 of the AMLA, authorizing a bank inquiry court order, cannot be said to First, E.O. No. 567 itself identifies its statutory and constitutional basis.
violate SPCMB's constitutional right to procedural due process.
E.O. No. 567 was issued pursuant to Section 17 of the Local Government
Code expressly devolving to the local government units the delivery of basic
services and facilities, including health services, to
wit:ChanRoblesVirtualawlibrary
Sec. 17. Basic Services and Facilities. -
The more reasonable understanding of the six-month period is that the Petitioners' position that Article 25 of the IRR of the Local Government Code
framers of the law provided for the period to prompt the national further delegated to the DOH the task of formulating another set of
government to speedily devolve the existing services to the LGUs. However, implementing rules and regulations is without any basis.
it was not intended as a prescriptive period, as to absolutely prohibit the
national government from devolving services beyond the period. Most The Local Government Code and its IRR do not contain any provision
especially so in this case because the TPDH was created long after the lapse directing the DOH to promulgate implementing rules and regulations on the
of the six-month period, thus making its devolution within such period devolution of health services. The pertinent portion of Article 25 of the IRR
impossible. of the Local Government Code actually states:ChanRoblesVirtualawlibrary
Art. 25. Responsibility for Delivery of Basic Services and Facilities. - The LGUs
Notably, there is nothing in Section 17(e) or in the Local Government Code shall, in addition to their existing functions and responsibilities, provide
which provides for what would happen after the six-month period. basic services and facilities devolved to them covering, but not limited to,
Therefore, it cannot be said that the law clearly and unequivocally prohibits the following:
devolution after the six-month period.
chanRoblesvirtualLawlibrary
In support of their position that devolution can only be done within said xxx
period, petitioners quote a portion of the Transcript of the Session
Proceedings for the Local Government Code.61 However, a reading of the Municipality
quoted transcript indicates that what the legislators considered was when
the law and devolution will commence and not their intent to prohibit xxx
devolution after the end of the six-month period. Notably, in Tondo Medical
Center Employees Association, we upheld the validity of E.O. No. 102 which (c) Subject to the provisions of Rule XXIII on local health boards and
also sought to implement the devolution of services under the Local in accordance with the standards and criteria of the Department
Government Code, even if it was issued long after the lapse of the six-month of Health (DOH), provision of health services through:
period.
Petitioners also posit that E.O. No. 567 violates the IRR promulgated by the (1) Implementation of programs and projects on primary health care,
DOH pursuant to Article 25 of the IRR of the Local Government Code as it maternal and child care, and communicable and non-
excludes district health offices and hospitals in the NCR, including TPDLI, communicable disease control services;
from devolution.
(2) Access to secondary and tertiary health services; and
We emphasize that under the Local Government Code, it is the Oversight
Committee, composed of representatives from both the executive and the (3) Purchase of medicines, medical supplies, and equipment needed
legislative branches of government, which was tasked to formulate the to carry out the devolved health services.
implementing rules and regulations of the law.62 The Local Government
Code did not delegate to any other entity the formulation of its xxx
implementing rules and regulations. Thus, on February 21, 1992, President Based from the above, Article 25 mandates that the health services to be
CorazoniC. Aquino approved the Oversight Committee's draft of the provided by the LGUs must comply with the standards and criteria given by
implementing rules and regulations and issued Administrative Order No.
the DOH. It does not direct the DOH to create rules on how devolution of
offices in the National Capital Region including its district
health services must be implemented.
hospitals are not included in the devolution as prescribed herein.
x x x64
Indeed, petitioners' failure to explain why there would be two (2)
implementing rules and regulations for a single law and its basis proves that Section 18 (a)(l) merely excludes district hospitals in the NCR from the
their position is without any merit. More, their failure to provide important process of devolution as prescribed in Section 17. The former does not
details regarding the supposed DOH IRR such as its title and number, date of entirely prohibit devolution of health services in district hospitals in the
issuance and series number signifies the falsity of petitioners' claim. NCR.
Even assuming that the DOH was directed to promulgate a subsequent IRR, At any rate, we emphasize that the DOH is subject to the power of control
and that the DOH issued the IRR, said IRR does not exempt district health of the President. Therefore, E.O. No. 567 issued by the President shall
offices, including hospitals in the NCR from devolution. The quoted sections prevail over any issuance made by the DOH and not the other way around.
of the alleged DOH IRR read:ChanRoblesVirtualawlibrary
Sec. 17. General Provisions. - The fourth requisite pertains to the reasonableness of an administrative
issuance. It is an axiom in administrative law that administrative authorities
should not act arbitrarily and capriciously in the issuance of rules and
(a) The DOH shall devolve to LGUs concerned public health programs and
regulations. To be valid, such rules and regulations must be reasonable and
projects and such health and medical packages as currently in place at
fairly adapted to secure the end in view. If shown to bear no reasonable
the Integrated Provincial Health Offices, District Health Offices, City
relation to the purposes for which they were authorized to be issued, then
Health Offices, and Municipal Health Offices, including the barangay
they must be held to be invalid.65 Specific to a reorganization, it is regarded
health stations as follows:
as valid provided it is pursued in good faith. As a general rule, a
reorganization is carried out in good faith if it is for the purpose of economy
xxx or to make bureaucracy more efficient.66chanrobleslaw
E.O. No. 567 meets the test of reasonableness. The transfer of the
(3) Secondary health services are medical health services provided administration and supervision of TPDH from the DOH to the City of Taguig
by some rural health units, infirmaries, district hospitals and out- aims to provide the City of Taguig the genuine and meaningful autonomy
patient departments of provincial hospitals. x x x which would make it an effective and efficient partner in the attainment of
national goals and providing basic health services and facilities to the
Sec. 18. Specific Provisions. - The devolution prescribed in the preceding community. It implements and breathes life to the provisions of the
section shall include the following: Constitution and the Local Government Code on creating a more responsive
and accountable local government structure instituted through a system of
chanRoblesvirtualLawlibrary decentralization.
(a) Province Petitioners complain that E.O. No. 567 violated their rights because they
were transferred to other public health facilities without being afforded
with the necessary provisions for expenses relative to their transfer and re-
(1) The Integrated Provincial Health Office including the provincial assignment, as required by Section 6 of R.A. No. 7305.
hospital, district health offices including district hospitals,
Medicare and municipal hospitals. However, the district health Similar to our ruling in Tondo Medical Center Employees Association, we
hold that petitioners' allegations are too general and unsubstantiated by the 1989, including those covering the BA/BE testing requirement, consistent
records for us to pass upon. The persons affected are not specified; details with and pursuant to RA 3720.43Therefore, the FDA has sufficient authority
of their appointments and transfers—such as position, salary grade, and the to issue the said circulars and since they would not affect the substantive
date they were appointed—are not given; and the circumstances which rights of the parties that they seek to govern – as they are not, strictly
attended the alleged violations are not identified.67 Further, while we speaking, administrative regulations in the first place – no prior hearing,
recognize the inconvenience which may be suffered by petitioners as a consultation, and publication are needed for their validity.
result of E.O. No. 567, the need to make the delivery of health services more
Issue:
efficient and more compelling is far from being unreasonable or arbitrary.
Do the assailed circulars partake of administrative rules and regulations and,
Be that as it may, we stress that E.O. No. 567 only lays down the directive to
as such, must comply with the requirements of prior hearing, consultation
transfer the administration and supervision of TPDH from the DOH to the
and publication?
City of Taguig. The details and particulars of its implementation are set forth
in the subsequent issuances of the City of Taguig, i.e., E.O. No. 053 and E.O.
No. 001, as well as the MOA dated October 23, 2006 between the DOH and Ruling: In general, an administrative regulation needs to comply with the
the City of Taguig. requirements laid down by Executive Order No. 292, s. 1987, otherwise
known as the "Administrative Code of 1987," on prior notice, hearing, and
Considering the validity of E.O. No. 567, the subsequent Executive Orders publication in order to be valid and binding, except when the same is merely
issued by Mayor Tinga, as well as the MOA between the DOH and the City of an interpretative rule. This is because "[w]hen an administrative rule is
Taguig, implementing E.O. No. 567 are likewise valid. merely interpretative in nature, its applicability needs nothing further than
its bare issuance, for it gives no real consequence more than what the law
In sum, we find that the petition failed to show any constitutional infirmity itself has already prescribed. When, on the other hand, the administrative
or grave abuse of discretion amounting to lack or excess of jurisdiction in rule goes beyond merely providing for the means that can facilitate or
President Arroyo's issuance of E.O. No. 567. render least cumbersome the implementation of the law but substantially
increases the burden of those governed, it behooves the agency to accord
at least to those directly affected a chance to be heard, and thereafter to be
duly informed, before that new issuance is given the force and effect of
Republic vs. Drugmakers Laboratories, G.R. No. 190837 law."36
Issue:
since the circulars would not affect the substantive rights of the parties that
Who has the power to validly issue and implement Circular Nos. 1 and 8, s.
they seek to govern – as they are not, strictly speaking, administrative
1997: the Secretary of Health or the FDA?
regulations in the first place – no prior hearing, consultation, and
publication are needed for their validity.
Ruling: Circular Nos. 1 and 8, s. 1997 cannot be considered as administrative
regulations because they do not: (a) implement a primary legislation by
providing the details thereof; (b) interpret, clarify, or explain existing
statutory regulations under which the FDA operates; and/or (c) ascertain
the existence of certain facts or things upon which the enforcement of RA
3720 depends. In fact, the only purpose of these circulars is for the FDA to
administer and supervise the implementation of the provisions of AO 67, s.
the ERC were sought to be invalidated for lack of publication and non-
Cawad vs. Abad, G.R. No. 207145, July 28, 2015 submission of copies thereof to the UP Law Center - ONAR, it has been held
that since they merely interpret RA No. 7832 and its IRR, particularly on the
Issue: Is DBM-DOH Joint Circular No. 1 reasonable and within the scope of computation of the cost of purchased power, without modifying, amending
authority granted to the respondents? or supplanting the same, they cannot be rendered ineffective, to wit:
Ruling: Yes. With respect to the infirmities of the DBM-DOH Joint Circular When the policy guidelines of the ERC directed the exclusion of discounts
raised in the petition, they cannot be said to have been issued with grave extended by power suppliers in the computation of the cost of purchased
abuse of discretion for not only are they reasonable, they were likewise power, the guidelines merely affirmed the plain and unambiguous meaning
issued well within the scope of authority granted to the respondents. In of "cost" in Section 5, Rule IX of the IRR of R.A. No. 7832."Cost" is an item of
fact, as may be gathered from prior issuances on the matter, the circular did outlay, and must therefore exclude discounts since these are "not amounts
not make any substantial deviation therefrom, but actually remained paid or charged for the sale of electricity, but are reductions in rates.
consistent with, and germane to, the purposes of the law.
xxxx
Issue: Is DBM-DOH Joint Circular No. 1 null and void for its failure to comply Thus, the policy guidelines of the ERC on the treatment of discounts
with Section 3523 of RA No. 7305 on publication in a newspaper of general extended by power suppliers "give no real consequence more than what the
circulation, as well as its failure to file a copy of the same with the UP Law law itself has already prescribed." Publication is not necessary for the
Center-ONAR? effectivity of the policy guidelines.
Is Sec. 6.5 of DBM-CSC Joint Circular, insofar as it provides that “an official Purisima vs. Phil. Tobacco Institute, G.R. No. 210251, Apr. 17, 2017
or employee authorized to be granted longevity pay under an existing law is Issue: Is Section 11 of Revenue Regulation No. 17-2012 issued on authority
not eligible for the grant of step increment due to length of service”, valid of R.A. No. 10351, otherwise known as the Sin Tax Reform Law of 2012?
and constitutional?
Ruling: it can be gleaned that the lawmakers intended to impose the excise
Ruling: Moreover, insofar as the DBM-DOH Joint Circular similarly withholds tax on every pack of cigarettes that come in 20 sticks. Individual pouches or
the Step Increment due to length of service from those who are already packaging combinations of 5'sand l0's for retail purposes are allowed and
being granted Longevity Pay, the same must likewise be declared will be subjected to the same excise tax rate as long as they are bundled
unenforceable together by not more than 20 sticks. Thus, by issuing Section11of RR17-
2012 andAnnex"D-1"on Cigarettes Packed by Machine of RMC90-2012, the
BIR went beyond the express provisions of RA10351.
Soriano vs. Sec. of Finance, G.R. No. 184450. Jan. 24, 2017 It is an elementary rule in administrative law that administrative rules and
regulations enacted by administrative bodies to implement the law which
Issue: Whether or not Sections 1 and 3 of RR 10-2008 are consistent with they are entrusted to enforce have the force of law and are entitled to great
the law in declaring that “an MWE who receives other benefits in excess of weight and respect. However, these implementations of the law must not
the statutory limit of P30,000 is no longer entitled to the exemption override, supplant,or modify the law but must remain consistent with the
provided by R.A. 9504”, consistent with the law? law they intend to implement. It is only Congress which has the power to
repeal or amend the law.
Ruling: sec. 1 and 3 of the RR add a requirement not found in the law.
A. Nowhere in the provisions of ra 9504 would one find the In this case, Section 11 of RR17-2012 and Annex"D-1" on Cigarettes Packed
qualifications prescribed by the assailed provisions of rr 10-2008. by Machine of RMC90-2012 clearly contravened the provisions of
B. Minimum wage is mandated; employers may not freely choose on RA10351.1âwphi1 It is a well-settled principle that are venue regulation
their own to designate in which way. The min wage exempted by ra cannot amend the law it seeks to implement. In Commissioner of Internal
9504 is that which is referred to in the labor code Revenue v. Seagate Technology (Philippines), 14 we held that a mere
C. Ra 9504 is explicit as to the coverage of the exemption: the wages administrative issuance, like a BIR regulation, cannot amend the law; the
that are not in excess of the minimum wage as determined by the former cannot purport to do any more than implement the latter. The
wage boards, including the corresponding holiday, overtime, night courts will not countenance an administrative regulation that overrides the
diff, and hazard pays statute it seeks to implement.
D. The proper interpretation of RA 9504 is that it imposes taxes only
on the taxable income received in excess of the minimum wage, but In the present case, area ding of Section 11 of RR17-2012 and Annex"D-1"
the MWEs will not lose their exemption as such. Workers who on Cigarettes Packed by Machine of RMC 90-2012 reveals that they are not
receive the statutory min wage their basic pay remain MWEs. The simply regulations to implement RA10351. They are amendatory provisions
receipt of any other income during the year does not disqualify which require cigarette manufacturers to be liable to pay for more tax than
them as MWEs. They remain mwes, entitled to exemption as such, the law, RA10351, allows. The BIR, in issuing these revenue regulations,
but the taxable income they receive other than as MWEs may be created an additional tax liability for packaging combinations smaller than
subjected to appropriate taxes.
20 cigarette sticks. In so doing, the BIR amended the law, an act beyond the and prevent the delegation from running riot. These two tests are both
power of the BIR to do. intended to prevent a total transference of legislative authority to the
delegate, who is not allowed to step into the shoes of the legislature and
In sum, we agree with the ruling of the RTC that Section 11 of RR17-2012 exercise a power essentially legislative."19
and Annex"D-1" on Cigarettes Packed by Machine of RMC 90-2012 are null
and void. Also, these two tests ensure that administrative agencies, in the exercise of
their power of subordinate legislation, create rules and regulations that are
germane to the objects and purposes of the law they implement; and are
not in contradiction, but in full conformity with the standards prescribed
Quezon City PTCA vs. DepEd, G.R. No. 188720, Feb. 23, 2016 by this law.
Issue:
Is DepEd Order No. 54, s. 2009, an invalid exercise of the rule-making power
delegated to the Secretary of Education? Issue:
Ruling: Department Order No. 54, Series of 2009 was validly issued by the For its non-publication and in the absence public consultations, was the
Secretary of Education pursuant to his statutorily vested rule-making power issuance of DepEd Order No. 54 violative of petitioner’s right to due
and pursuant to the purposes for which the organization of parent-teacher process?
associations is mandated by statute. Likewise, there was no fatal procedural
lapse in the adoption of Department Order No. 54, Series of 2009. Ruling: This does not invalidate the Department Order. As is evident from
Delegation of powers is a rule that is widely recognized especially in the the previously quoted provisions of Book VII, Chapter 2 of the
legislative branch of government. With the increasing complexity of the Administrative Code, all that is required for the validity of rules promulgated
government's functions and the growing inability of the legislature to by administrative agencies is the filing of three (3) certified copies with the
address the myriad of problems demanding its attention, Congress found it University of the Philippine Law Center. Within 15 days of filing,
necessary to delegate its powers to administrative agencies. This is the administrative rules become effective.
power of subordinate legislation.
"With this power, administrative bodies may implement the broad policies MPSTA vs. Garcia, G.R. No. 192708, Oct. 2, 2017
laid down in a statute by 'filling in' the details which the Congress may not Issue:
have the opportunity or competence to provide."13 On this basis,
administrative agencies may promulgate supplementary regulations which Considering that the parties participated in the public consultation of GSIS’
have the force and effect of law.14 In order for a valid delegation to exist, policy resolutions on PBP, APL and CLIP was it non-publication validly
two basic tests must be complied with: the completeness test, and the dispensed with?
sufficient standard test.
Ruling: The policies are invalid due to lack of publication. While GSIS filed
"Under the first test, the law must be complete in all its terms and copies of the subject resolutions with the office of the national
conditions when it leaves the legislature, such that, when it reaches the administrative register (ONAR), it only did so after the claims of the retirees
delegate, the only thing he would have to do is enforce it. On the other and beneficiaries had already been lodged. The resolutions were not
hand, under the sufficient standard test, there must be adequate guidelines published in either the official gazette or a newspaper of general circulation
or stations in the law to map out the boundaries of the delegate's authority of the country.