Documente Academic
Documente Profesional
Documente Cultură
Asst. Provincial Fiscal rejected the petitioner, prosecutors. The DOJ has the power to review the
thus petitioner appealed to the DOJ. Despite decisions of the prosecutor due to the doctrine of
the pending appeal to the DOJ, Asst. exhaustion of administrative remedies which
Provincial Fiscal proceed to file an information means that mistakes done by the lower
for homicide against the accused. administrative authorities should be corrected by
the higher authorities before judicial recourse is
-NO JURISDICTION allowed.
Page 1
CASE DIGEST ERENETA #TIFFANOTES
Beja v CA PPA General Manager filed an Administrative The PPA General Manager is the disciplining
Case against BEJA, for allegedly erroneously authority who may, by himself and without the
assessed storage fees. The two were approval of the PPA Board of Directors, subject a
preventively suspended. respondent in an administrative case to preventive
suspension. Preventive suspension is not a penalty
Few months after, another charge was filed by in itself and is merely a measure of precaution.
the PPA General Manager for violation of
reasonable office rules and regulations. The However, the PPA General Manager, along with
PPA GM indorsed it to the AAB for the power to investigate personnel below the rank
appropriate action. AAB removed Beja from of Assistant Manager who may be charged with an
office. administrative offense, has the power to remove
erring employees with the approval of the PPA
-NO JURISDICTION
CHAPTER Board of Directors only.
2: POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
IN GENERAL
Mirasol v DPWH Petitioners are seeks to have AO 1 and The three department orders are VOID because
Department Orders 74, 123, and 125 of the these were issued by the DPWH and such
DPWH, as well as the Revised Rules and department does not have the authority to declare
Regulations on Limited Access Facilities of the certain expressways as limited access facilities.
Toll Regulatory Board to be DECLARED AS Such authority is lodged with the DOTC.
VOID for being inconsistent with RA 2000,
Since the DPWH has no authority to regulate
activities relative to transportation, the TRB27
-VOID cannot derive its power from the DPWH to issue
regulations governing limited access facilities. The
DPWH cannot delegate a power or function which
it does not possess in the first place. Since DO 74
Makati Stock and
Where the SEC prohibited the double listing of It is DO 215 are void,
fundamental thatitan
follows that the rules
administrative officer has
Exchange v stock securities in stock exchanges, the Makati only such powers as are expressly granted to him
Abellera Stock Exchange contends that the SEC is by the statute, and those necessarily implied in the
without the authority to impose such exercise thereof.
prohibition.
The test is not whether the Act forbids the
-VOID Commission from imposing a prohibition, but
whether it empowers the Commission to prohibit.
No specific portion of the statute has been cited to
uphold this power. The general power to "regulate"
Radio Comm v The Board of Communications imposed a fine The which the Commission
Board has doescan
of Communications notexercise
imply only
Board of for injury caused by a failure of a such jurisdiction and powers as conferred upon it
Communications communications company to transmit by statute. Its power to issue certificates of public
telegrams. It claimed that as successor in convenience does not carry with it the power of
interest of the PSC, it has the same powers as supervision and control over matters not related to
the same provided for in the Public Service the issuance of certificate of public convenience or
Act, one of which is to issue certificates of in the performance therewith in a manner suitable
public convenience. to promote public interest.
Page 2
CASE DIGEST ERENETA #TIFFANOTES
Matienzo v Abellara The BOT granted provisional permits for the A reading of Section 1, PD 101, shows a grant of
operation of excess taxicab units allegedly powers to the respondent Board to issue
despite the lapse of its power to do so under provisional permits as a step towards the
the law. As argued, the petitioners stated that legalization of colorum taxicab operations without
the decree limited the period of the BOT to 6 the alleged time limitation. The cited section
months. declares only when the period of moratorium
suspending the relentless drive to eliminate illegal
-VALID operators shall end.
Page 3
CASE DIGEST ERENETA #TIFFANOTES
Ruperto v Torres Special civic action by certiorari was instituted The board neither adjudicates upon nor
against an administrative agency exercising determines the rights and interests or duties of
only investigatory and advisory powers. parties; it is limited to investigating the facts and
The investigatory board concluded that the making findings in respect thereto. After an
petitioner made use of his public office to investigation by the Integrity Board, the officer
serve and favor his friends and to prosecute that ultimately passes upon and adjudicates the
the enemies of the latter. The board rights of the parties is the President, not the
recommended that he be reprimanded with a Integrity Board.
warning that any repetition of any misconduct
on his part will be more severely dealt with. Not every function wherein judgment and
discretion are exercised is a judicial function. The
-CERTIORARI IS NOT APPROPRIATE test of a judicial function is not the exercise of
judicial discretion, but the power and authority to
adjudicate upon the rights and obligations of the
parties before it. Since no adjudicatory powers,
Carmelo v Ramos Mayor issued EO creating committee to then
A certiorariofcannot
delegation lie. to investigate does not
the power
investigate personnel of license inspection imply a delegation of the power to take testimony
division. Committee issued subpoena or evidence of witnesses whose appearance may be
requiring individuals to appear. Committee require by the compulsory process of subpoena.
filed to declare in contempt Ramos for
nonappearance. Whatever power may be claimed by petitioner's
committee may only be traced to the power of the
-NO POWER Mayor to investigate as implied from his power to
suspend or remove certain city employees.
Evangelista v the President vested in PARG with all the Rightly, administrative agencies may enforce
Jarencio powers of an investigating committee, subpoenas issued in the course of investigations,
including the power to summon witnesses by whether or not adjudication is involved, and
subpoena or subpoena duces tecum, whether or not probable cause is shown and even
administer oaths, take testimony or evidence before the issuance of a complaint.
relevant to the investigation.
It is not necessary that a specific charge or
Respondent was issued a subpoena ad complaint of violation of law be pending or that
testification commanding him to appear as the order be made pursuant to one. It is enough
witness at the office of the PARGO to testify in that the investigation be for a lawfully authorized
a certain investigation pending therein. purpose.
-VALID POWER
Page 4
CASE DIGEST ERENETA #TIFFANOTES
Catura v CIR The CIR, in the exercise of its power of The controlling provisions for this power may be
investigation to assure compliance with the found in the IPA stating that the members (b)
internal labor procedures, required a labor shall be entitled to full and detailed reports from
officers of their financial transactions, (h) that
funds and other documents to be delivered and these funds shall not be applied for any purpose
deposited at the hearing for investigation. other than those in constitution or by-laws etc, (i)
and that these books are open for inspection by
-VALID POWER any officer or member.
-VALID POWER
Victorias Milling v SSC issued circular providing that employees Circular No. 22 purports merely to advise
SSC in computing premiums due, would include all employers-members of the System of what, in the
bonuses and OT pay and cash value of other light of the amendment of the law, they should
remuneration. Victorias milling opposed that it include in determining the monthly compensation
was contrary to a previous Circular issued by of their employees, and that such circular did not
SSC, arguing lack of authority on the part of require presidential approval and publication in
the SSC to promulgate it without the approval the Official Gazette for its effectivity.
of the President and for lack of publication in
the Official Gazette. It was not legislative but merely interpretative
power.
-INTERPRETATIVE POWER
Cruz v Youngberg Petitioner is questioning the law wherein the Contingent Legislation.
power given by Act No. 3155 to the Governor-
General to suspend or not, at his discretion, The true distinction is between the delegation of
the prohibition provided in the act constitutes power to make the law, which necessarily involves
an unlawful delegation of the legislative a discretion as to what it shall be, and conferring
powers. an authority or discretion as to its execution, to be
exercised under and in pursuance of the law. The
-VALID DELEGATION first cannot be done; to the latter no valid
objection can be made.
Page 5
CASE DIGEST ERENETA #TIFFANOTES
Manuel v General Manuel wants his leaves commutated into It is expressly provided under Section 286 of the
Auditing Office money value for his retirement. The Revised Revised Administrative Code that vacation and
Administrative Code provides for cumulative sick leave shall be cumulative.
vacation and sick leaves, while the Civil
There is here no room interpretation, simply the
application of legal norms from any ambiguity.
-INVALID RULES The rules cannot as an administrative order
supplant the plain and explicit statutory
command.
Olsen v Aldanese Under the Tariff Act of 1993, certain Philippine The purpose and intent of the Legislator was that a
products are admitted to US duty-free, proper standard of the quality of tobacco should be
determination of which is left to the customs fixed and defined, and that all of those who
officials. GOv-Gen issued EO requiring produce tobacco of the same standard should have
collector of customs and CIR to adopt rules equal rights and opportunities. It was never
and regulations to make sure US gov will not intended that a standard should be fixed which
be defrauded by Ph exporters. Insular collector would limit the manufacture of cigars for export to
issued Regulations. certain provinces of the Islands, or that the
tobacco produced in one province should be
-INVALID REGULATIONS measured by another and different standard than
the tobacco produced in any other province. That
would amount to discrimination and class
legislation, which, even the Legislature, would not
have the power to enact.
Young v Rafferty IRA authorizes the CIR to specify the manner The power to CIR do not empower the Collector to
in which the proper books of accounts shall be designate the language in which the entries in
kept. CIR issued a circular requiring every such books shall be made by merchants subject to
merchant and manufacturer, to keep a record the percentage tax.
of his daily sales either in English or Spanish.
-INVALID REGULATION
Sy Man v Fabros Commissioner of Customs is vested by law the If the law does not give the Commissioner the
power to review protested case of assessment power to review and revise unappealed decisions
of duties. The Commissioner now insists that of the Collector of Customs in seizure cases, then
he has power to review, reverse or modify the the memorandum order even if duly approved and
UNAPPEALED decisions of the Collector of published in the Official Gazette, would equally
Customs as provided in a memorandum order. have no effect for being inconsistent with law.
-NO POWER
Interprovincial Law allows the BIR to collect DST on bill of The reason for sustaining the validity of the
Autobus v CIR lading or receipts which shipment is worth regulation may be found in the principle of
more than 5 pesos. The Regulation provides legislative approval by re-enactment. When the
that those that does NOT state in the receipts NIRC was approved on February 18, 1939, the same
or bill of lading that the shipment is worth less provisions on stamp tax, bills of lading and
than 5 pesos shall be taxed with the DST. receipts were reenacted. There is a presumption
that the Legislature reenacted the law on the tax
-VALID REGULATION with full knowledge of the contents of the
regulations then in force regarding bills of lading
and receipts, and that it approved or confirmed
them because they carry out the legislative
Page 6
CASE DIGEST ERENETA #TIFFANOTES
Phil Lawyer's Assoc Director of Patents required an exam before a In the absence of an express and clear provision of
v Agrava person can be a part of the Bureau of Patents. law giving the necessary sanction, to require
lawyers to submit to and pass on examination
-INVALID prescribed by it before they are allowed to practice
before said Patent Office, then there would be no
reason why other bureaus may not also require
that any lawyer practising before them or
otherwise transacting business with them on
behalf of clients, shall first pass an examination to
qualify.
Phil Inter-island President Marcos, in pursuant of his legislative What determines whether an act is a law or an
Shipping v CA powers, issued an EO adjusting the rate of administrative issuance is not its form but its
pilotage fees. PPA refused to enforce the law. nature. The power to fix the rates of charges for
services, including pilotage service, has always
appealed such action, claiming only PPA can been regarded as legislative in character.
prescribe rates.
There is no basis for petitioners' argument that
-VALID EO rate fixing is merely an exercise of administrative
power; that if President Marcos had power to
revise the rates previously fixed by the PPA.
CIRev v CA & Champion, Hope and More registered by The new law would have its amendatory provisions
Fortune Fortune (as local brand) was subject to 55%. applied to locally manufactured cigarettes which
RA 7654 enacted charging those currently at at the time of its effectivity were not so classified
55% to 45% or 20%. as bearing foreign brands. Hence, without RMC 37-
93, the enactment of RA 7654, would have had no
-LEGISLATIVE POWER new tax rate consequence on private respondent's
products. In so doing, the BIR not simply
interpreted the law; it legislated under its quasi-
legislative authority. The due observance of the
requirements of notice, of hearing, and of
publication should not have been then ignored.
Lupangco v CA Professional Regulation Commission issued a The law is unreasonable.
Resolution prohibiting examinees from
attending review centers and accepting It is an aixiom in administrative law that
reviewers three days before the examination administrative authorities should not act
day. arbitrarily and capriciously in the issuance of rules
and regulations. To be valid, such rules and
-INVALID regulations must be reasonable and fairly adapted
to the end in view. If shown to bear no reasonable
relation to the purposes for which they are
authorized to be issued, then they must be held to
be invalid.
Olsen v Rafferty EO was issued requiring the adoption by the The EO here are administrative in nature and do
insular collector of customs and CIR to adopt not pass beyond the limits of the department to
rules and regulations to insure that the gov't of which they are directed or in which they are
US will not be defrauded by Phil exporters. published, and, therefore, create no rights in third
persons. Disobedience to or deviation from such
Petitioners issued mandamus to secure an an order can be punished only by the power which
order directing Respondent to issue certificate issued it; and, if that power fails to administer the
of origin of cigars. corrective, then the disobedience goes unpunished.
In that relationship no third person or official may
-NO SUCH RIGHT intervene, not even the courts.
Page 7
CASE DIGEST ERENETA #TIFFANOTES
Pharma and Health P. Aquino issued Milk Code law which seeks to The DOH's power under the Milk Code to control
Care v Health Sec give effect to Article 112 of the International information regarding breastmilk vis-a-vis
Code of Marketing of Breastmilk Substitutes. breastmilk substitutes is not absolute as the power
DOH issued Revised Implementing Rules and to control does not encompass the power to
Regs absolutely prohibiting advertising or absolutely prohibit the advertising, marketing, and
other forms of promotion to the general public promotion of breastmilk substitutes.
of products within the scope of the ICMBS.
-INVALID RULES
Eastern Shipping Petitioner contends that EO is unconstituional It is axiomatic that an administrative agency, like
Lines v CA because its interpretation and application are the PPA, has no discretion whether to implement
different form the PPA circulars. It insists that the law or not. Its duty is to enforce it. Unarguably,
it should pay pilotage fees in accordance with therefore, if there is any conflict between the PPA
the Memo issued by PPA. circular and a law, such as EO 1088, the latter
prevails.
-CONSTITUTIONAL
PENAL STATUTES
People v Maceren Secretary of Agriculture and Natural Power to declare what acts should constitute a
Resources increased the Fisheries Law by criminal offense cannot be delegated.
restricting electro-fishing to fresh water
fisheries While an administrative agency has the right to
make rules and regulations to carry into effect a
-INVALID law, the power should not be confused with the
power to enact a criminal statute.
US v Panlilio Panlilio was charged with violation of Act No While the orders of the Bureau of Agriculture may
1760 for transporting the carabaos which are possibly be said to have the force of law, they are
required to be quarantined. not statutes and particularly not penal statutes,
and violation of such orders is not a penal offense
-INVALID unless the statute itself makes the violation
unlawful and penalizes it.
Page 8
CASE DIGEST ERENETA #TIFFANOTES
People v Santos A conditional clause of Sec 28 in AO 2 The authority granted to the Secretary of
provided that boats must obtain a license Agriculture and Commerce was to issue from time
before fishing 3km from the shorelines. to time such instructions, orders, rules and
regulations as may be necessary and proper to
-INVALID carry into effect Act 4003. Act 4003 however
contains no provision similar to those contained in
the conditional clause.
-VALID
Page 9
CASE DIGEST ERENETA #TIFFANOTES
Fortich v Corona SC struck down the "win-win" resolution of the Decisions of the OP shall become final after 15
OP who reopened a case which had long been days from receipt of the order, unless a motion for
final and executory decision. Respondents reconsideration thereof is filed within such period.
contend that the win-win resolution is not void
because it seeks to correct and erroneous When the OP declared the decision final and
ruling. executory because no one seasonably filed an MR,
the said Office had lost its jurisdiction to re-open
-INVALID APPEAL the case, more so modify its Decision. Having lost
its jurisdiction, the OP has no more authority to
entertain the second motion.
Page 10
CASE DIGEST ERENETA #TIFFANOTES
Antipolo Realty Respondent Y brought the case to NHA for PD 957: The NHA shall have exclusive jurisdiction
Corp v NHA reinstatement of contract when AR Corp to regulate the real estate trade and business.
rescinded the contract upon the stopping of
Respondent from paying installment payments The NHA was legally empowered to determine and
because AR Corp failed to undertake the protect the rights of contracting parties under the
subdivision project. law administered by it and under the respective
agreements, as well as to ensure that their
-WITH JURISDICTION obligations thereunder are faithfully performed.
Page 11
CASE DIGEST ERENETA #TIFFANOTES
BOCEA v Teves High ranking officials of the BOC started to RA 9335 adequately states the policy and
disseminate Performance Contracts for the standards to guide the President in fixing revenue
lower ranking officials and rank-and-file targets and the implementing agencies in carrying
emplyees to sign pursuant to the mandate of out the provisions of the law. Section 2 spells out
RA 9335 and its IRR. The IRR provides the the policy of the law. While Sec 7 specifies the
setting of criteria and procedures for removing
from service whose revenue collection fall conditions under which officials and employees
short of the target. whose revenue collection falls short of the target
by at least 7.5% may be removed from the servIce.
-VALID DELEGATION OF LEGISLATIVE
POWERS In any case, the ff are sufficient standards "public
interest", "justice and equity", "public convenience
and welfare" and "simplicity, economy and
welfare". In this case, the declared policy of
optimization of the revenue-generation capability
DELEGATION TO ADMINISTRATIVE AGENCIES
US v Ang Tang Act 2868 was enacted penalizing the monopoly By its very terms, the promulgation of temporary
and holding of palay, rice, and corn under rules and emergency measures is left to the
extraordinary circumstances, regulating its discretion of the Governor-General. The Law is
distribution and sale, and authorizing the incomplete. The Legislature does not undertake to
Governor-General, whenever, for any cause, specify or define under what conditions or for what
conditions arise resulting in an extraordinary reasons the Governor-General shall issue the
rise in the price, to issue and promulgate, with proclamation, but says that it may be issued "for
the consent of the Council of State, temporary any cause," and leaves the question as to what is
rules and emergency measures for carrying "any cause" to the discretion of the Governor-
out the purpose of this Act. General. The Legislature also does not specify or
define what is "an extraordinary rise." Nor does it
The Governor-General issued a proclamation specify or define what is a temporary rule or an
fixing the price of rice and penalizing emergency measure, or how long such temporary
violation. rules or emergency measures shall remain in force
and effect, or when they shall take effect.
-INVALID DELEGATION
Futhermore, there was no act of the Legislature
making it a crime to sell rice at any price, and
without the proclamation, the sale of it at any price
Compania General RA 2307 empowers the Board of Pubic Utility As is apparent at a glance the provision conferring
De Tabacos v Public "after hearing, upon notice, by order in writing, authority on the board is very general. It is also
Utility Comm to require every public utility to furnish very comprehensive. The provision does not
annually a detailed report of finances and declare, or set out, or indicate what information
operations, in such form and containing such the State requires, what is valuable to it, what it
matters as the Board may from time to time by needs in order to impose correct and just taxation,
order prescribe" supervision or control, or the facts which the State
must have in order to deal justly and equitably
-INVALID DELEGATION with such public utilities and to require them to
deal justly and equitably with the State. The
Legislature authorized the Board to require what
information the board wants and delegated to the
Board all of its powers over a given subject-matter
in a manner almost absolute, and without laying
down a rule or even making a suggestion by which
that power is to be directed, guided or applied.
Page 12
CASE DIGEST ERENETA #TIFFANOTES
People v Vera Sec 11 of Act 4221 is being challenged for As a rule, an act of the legislature is incomplete
being an unconstitutional delegation, which and hence invalid if it does not lay down any rule
states: "This Act shall apply only in those or definite standard by which the administrative
provinces in which the respective provincial officer or board may be guided in the exercise of
boards have provided for the salary of a the discretionary powers delegated to it.
probation officer at rates not lower than those
now provided for provincial fiscals. Said The probation Act does not, by the force of any of
probation officer shall be appointed by the its provisions, fix and impose upon the provincial
Secretary of Justice and shall be subject to the boards any standard or guide in the exercise of
direction of the Probation Office." their discretionary power. What is granted is a
"roving commission" which enables the provincial
-UNCONSTITUTIONAL boards to exercise arbitrary discretion, to
determine for themselves, whether the Probation
Pelaez v Auditor- Law shallaapply
Petitioner is assailing the constitutionality of Without to their
statutory provinces
declaration of or not atthe
policy, all.
General Sec 68 of the Revised Admin Code created by delegate would in effect, make or formulate such
EO's, which empowers the President by EO to policy, which is the essence of every law; and,
"define the boundary, or boundaries and without the standard, there would be no means to
increase or diminish the territory comprised determine, with reasonable certainty, whether the
into such portions as may be required, merge, delegate has acted within or beyond the scope of
name, and may change the seat of government his authority.
to such place therein as the public welfare may
require No standard sufficiently precise. The phrase "as
the public welfare may require" qualified, not the
-INVALID DELEGATION clauses preceding the one just quoted, but only the
place to which the seat of the government may be
transferred.
Page 13
CASE DIGEST ERENETA #TIFFANOTES
Echegaray v Sec of Petitioner assails the constitutionality of RA Empowering the Secretary of Justice to
Justice 8177 for unduly delegating legislative power to promulgate rules and regulations on the subject of
the Sec of Justic and Dir of the Bureau of lethal injection is a form of delegation of
Corrections. The Secretary of Justice legislative authority to administrative bodies. The
promulgated the Rules and Regulations to law sufficiently describes what job must be done,
Implement Republic Act No. 8177 and directed who is to do it, and what is the scope of his
the Director of the Bureau of Corrections to authority. The law also provides that the death
prepare the Lethal Injection Manual. sentence shall be executed under the authority of
the DBC, endeavoring so far as possible to
-VALID DELEGATION mitigate the sufferings of the person, to take steps
to ensure that the lethal injection causes the
instantaneous death of the convict. And all
personnel involved shall be trained.
Page 14
CASE DIGEST ERENETA #TIFFANOTES
Cervantes v Auditor RA 51 authorized the Presiden to effect such RA 51 lays down a standard and policy that' the
General reforms and changes in government owned purpose shall be to meet the exigencies attendant
and controlled corporations (GCG) for the upon the establishment of the free and
purpose of promoting simplicity, economy and independent government of the Philippines and to
efficiency in their operation. promote simplicity, economy and efficiency in
their operations.' The standard was set and the
-SUFFICIENT STANDARD policy fixed. The President merely carried the
mandate by promulgating the EO in question.
People v Jollife Section 74 of RA 265 conferred upon the Delegation furnishes a reasonable standard which
Monetary Board and the President the power sufficiently marks the field within which the
to subject to licensing all transactions in gold Administrator is to act so that it may be known
and foreign exchange 'in order to protect the whether he has kept within it in compliance with
international reserve of the Central Bank the legislative will.
during an exchange crisis.' And authorized to
take such appropriate remedial measures 'to The law states that that these powers must be
protect the international stability of the peso.'
construed and exercised "to maintain monetary
stability in the Philippines," and "to promote a
-SUFFICIENT STANDARD rising level of production, employment and real
PACU v Sec of Educ Act 2706 provides that: "It shall be the duty of income
Adequate in and
the Philippines."
efficient instruction should be
the Secretary of Public Instruction to maintain considered sufficient, in the same way as "public
a general standard of efficiency for schools welfare" "necessary in the interest of law and
and furnish adequate instruction to the public order" "public interest" and "justice and equity and
and shall have authority to advise, inspect, and substantial merits of the case" have been held
regulate schools in order to determine the sufficient as legislative standards justifying
efficiency of instruction given in the same" delegation of authority to regulate.
"The Department of Education shall from time Tthere has been no undue delegation of legislative
to time prepare and publish in pamphlet form power.
the minimum standards required."
-SUFFICIENT STANDARD
Balbuena v Sec of RA 1265 authorizes the Secretary of Education Simplicity and dignity of the flag ceremony and
Educ to issue rules and regulations on the proper the singing of the National Anthem constitute an
conduct of flag ceremony which shall be adequate standard.
"simple and dignified and shall include the
playing or singing of the Natonal Anthem."That the Legislature did not specify the details of
Pursuant therefore, Secretary issued Dept the flag ceremony is no objection to the validity of
Order 8 prescribing compulsory flag ceremony
the statute, for all that is required of it is the laying
in all schools. down of standards and policy that will limit the
discretion of the regulatory agency. To require the
-SUFFICIENT STANDARD statute to establish in detail the manner of exercise
of the delegated power would be to destroy the
administrative flexibility that the delegation is
International Sec 4 of Commonwealth Act 103 empowers the The standard is set forth in Sec 20, wherein the
Hardwood v Pangil CIR to set the minimum daily wages of court shall act according to "justice and equity and
Fed of Labor common laborers and devise a proper schedule substantial merits of the case, without regard to
of rate of wages for all laborers. technicalities or legal forms." The National
Assembly has by this section furnished a sufficient
-SUFFICIENT STANDARD standard by which the court will be guided in
exercising its discretion in the determination of
any question or controversy before it.
Page 15
CASE DIGEST ERENETA #TIFFANOTES
Tatad v Secretary of RA 8180 provides for the implementation of Congress expressly provided that full deregulation
Energy deregulation of downstream oil industry. It at the end of March 1997 is mandatory and the
contains two phases, the second phase is the Executive has no discretion to postpone it for any
full deregulation phase. Sec 15 provides that: purported reason. Thus, the law is complete on the
the DOE shall, upon approval of the President, question of the final date of full deregulation. The
implement the full deregulation of the discretion given to the President is to advance the
downstream oil industry not later than March date. Section 15 lays down the standard to guide
1997. As far as practicable, the DOE shall time
the full deregulation when the prices of crude far as practicable when the prices of crude oil and
oil and petroleum products in the world petroleum products in the world market are
market are declining and when the exchange declining and when the exchange rate of the peso
rate of the peso in relation to the US dollar is in relation to the US dollar is stable.
stable."
However, EO 392 is null and void as it was based
-SUFFICIENT STANDARD, but President on indeterminate standards when it added that the
failed to follow the standard depletion of the OPSF fund as a factor to be given
weight by the Executive before ordering full
RESTRICTION ON GRANT OF JUDICIAL POWER
Lovina v Morena After various complaints of residents in the R.A. 2056 merely empowers the Secretary to
Municipality of Macebe, the Secretary of remove unauthorized obstructions or
Public Works and Communications found that encroachments upon public streams, constructions
the constructions of certain dams and dikes in that no private person was anyway entitled to
a fishpond blocks the Sapang Bulati, a make, because the bed of navigable streams is
navigable river, declaring it a public nuisance public property, and ownership thereof is not
after notice and hearing, thus ordering its acquirable by adverse possession.
removal.
It is true that the exercise of the Secretary's power
-VALID DELEGATION OF JUDICIAL under the Act necessarily involves the
POWER determination of some questions of fact, but these
functions are merely incidental to the exercise of
the power granted by law
Miller v Mardo Manuel Gonzales filed a claim against The RA provides that the Commission was
Petitioner with the Regional office of the Dep't empowered to "create those which way be
of Labor for arbitrarily dimissing him as a necessary for the efficient conduct of the
driver without separation pay. Petitioner government service, activities, and functions." The
alleges that the Dept of Labor has no functions referred refers merely to administrative,
jurisdiction to hear and decide the subject not judicial functions.
matter. Petitioner questions the
Reorganization Plan 20-A pursuant to RA1241 If the legislative confers on administrative bodies
conferring jurisdiction to the Regional Offices quasi-judicial pwoers, they must state its intention
to decide claims of laborers. in express terms that would leave no doubt, as
even such quasi-judicial prerogatives must be
-INVALID AND NO EFFECT limited, if they are to be valid, only to those
incidental to or in connection with the
performance of jurisdiction over a matter
exclusively vested in the courts. Such conferment
can not be implied from a mere grant of power to a
CHAPTER 5: ADMINISTRATIVE PROCEEDINGS
JURISDICTION
Page 16
CASE DIGEST ERENETA #TIFFANOTES
Republic v Eno Editha filed a claim alleging that the Undersecretary is given sufficient discretion to
Fishpond Corp assignment of the shares was made without approve or dissapprove the applications/petitions.
her consent. Due to this, the Undersecretary of However that discretion mustbe confined within
Dept of Agriculture denied the application of the parameters set forth by law. Compliance with
the trasnfers of shares. Afterwards, Editha filed the requirements of FAO No. 60 entitles the
a withdrawal of her complaint which the applicant to reasonably expect the approval of his
Undersecretary denied based on the fact that it application unless some other provision of law
would "impair the former shares of stock". says otherwise.
Page 17
CASE DIGEST ERENETA #TIFFANOTES
Danan v Aspillera Petitioner's certficate of public convenience to The Commission ex-parte revoked the certificate
install and operate a 1D-ton ice plant was without giving the operators previous notice and
cancelled and revoked. During the trial, opportunity to explain their side. This practice
petitioner failed to appear due to an accident. violates the due process clause of the Constitution.
The decision now became final, irrevocable Public officers and employees impairs a persons
and executory because they failed to file an right against deprivation of property without due
MR. process of law.
Page 18
CASE DIGEST ERENETA #TIFFANOTES
Maceda v ERB Petitioner seeks to nullify the ERB orders on The ERB which in matters of rate or price fixing is
the ground that the hearings conducted on the considered as exercising a quasi-legislative, not
provisional increase did not allow him quasi-judicial, function As such administrative
substantial cross-examination, because the agency, it is not bound by the strict or technical
ERB ordered that all the evidence be placed on rules of evidence governing court proceedings.
record first.
Jurisdiction of the Board and the grounds for
-NO VIOLATION OF DUE PROCESS which it may decree a price adjustment is subject
only to the requirements of notice and hearing.
NO HEARING IS REQUIRED
Suntay v People When a verified complaint for seduction was Hearing would have been proper and necessary if
filed against Petitioner, he obtained a passport the reason for the withdrawal or cancellation of the
and then left for US. The Passport was passport were not clear but doubtful. But where the
cancelled without notice and hearing so that holder of a passport is facing a criminal a charge
he will appear in court and left the country, the Secretary for Foreign
Affairs, in the exercise of his discretion to revoke a
-NO VIOLATION OF DUE PROCESS passport, cannot be held to have acted whimsically
or capriciously in withdrawing and cancelling such
passport. Due process does not necessarily mean
or require a hearing. When discretion is exercised
by an officer vested with it upon an undisputed
fact hearing maybe dispensed with by such officer.
Bishop v Galand Petitioner applied for extension to stay in the The administration of immigration laws is the
Philippines with the Bureau of Immigration. It primary and exclusive responsibility of the
was denied without notice and hearing, Executive branch of the government. Extension of
because Bismag Productions (where he was stay of aliens is purely discretionary. Since
working) was discovered to be a gambling Commonwealth Act No. 613 is silent as to the
front and Petitioner was suspected of having procedure to be followed in these cases, courts
evaded payment of income tax. have no jurisdiction to review the purely
administrative practice of immigration authorities
-NO VIOLATION OF DUE PROCESS of not granting formal hearings in certain cases as
the circumstances may warrant, for reasons of
practicability and expediency.
Page 19
CASE DIGEST ERENETA #TIFFANOTES
American Tobacco Rule 168 f the Revised Rules of Practice before The Director of Patents is "empowered to obtain
v Director of the Phil Patent Office in Trademark Cases the assistance of technical, scientific or other
Patents authorized the Director of Patents to designate qualified officers, when deemed necessary relative
any ranking official of said officer to hear inter to the enforcement of the provisions." The nature
partes proceedings. Where all judgments of the power and authority entrusted to The
determning the merits of the case shall be Director of Patents should be construed so as to
personally and directly prepared by the give the aforesaid official the administrative
Director and signed by him. flexibility necessary for the prompt and
expeditious discharge of his duties in the
-VALID SUBDELEGATION administration of said laws. It could hardly be
expected, in view of the magnitude of his
responsibility, to require him to hear personally
each and every case pending in his Office.
EVIDENCE IN ADMINISTRATIVE PROCEEDINGS
Santos v Noble CIR lost the accounts of Petitioner. Because of The petition is not groundless, since they granted
this Petitioner could not possibly prove the his request for reinvestigation. Also he is not in
errors allegedly committed by the BIR agent in bad faith because he already paid two thirds of his
arriving at the figures stated. The hearing assessment.
proceeded without the missing books.
It is true that a taxpayer who contests the
-DEPRIVED OF RIGHT TO PRESENT correctness of an assessment has the burden of
EVIDENCE proving his contention, which Petitioner was
willing to do bt he was deprived of the means of
doing it with the loss of his books. His only error is
not presenting secondary evidence.
Page 21
CASE DIGEST ERENETA #TIFFANOTES
Arrocha v Vivo Immigration Commissioner acted individuallyIndividual action by members of a board plainly
and not collectively as a baord to discuss and
renders nugatory the purpose of its constitution as
vote on a case before it as shown by the a Board. The Legislature organized the Board of
different dates affixed by their signatures.
Commissioners precisely in order that they should
deliberate collectively and in order that their views
-DECISION IS NULLIFIED and ideas should be exchanged and examined
before reaching a conclusion.
ENFORCEMENT OF ADMINISTRATIVE DETERMINATIONS
Weigal v Schuster Collector of Customs imposed a find and The fine to be imposed upon the plaintiff and his
ordered the seizure of the British Steamer vessel was not one for the administrative action
Loonsang in permitting the escape of an because it had to be laid and enforced in
immigrant from his ship. accordance with the law of Congress in which it
had authorized no such action. The error of the
-NO AUTHORITY defendant had root in the notion, expressed in his
testimony "that the Act of Congress, had omitted
to provide machinery for the enforcement of the
laws thereby enacted." That notion overlooked that
fact that the usual machinery for the enforcement
of the laws is found in regularly constituted courts.
CAB v PAL CAB imposed a fine on PAL for making a The CAB has the power to "take such action,
flagstop to Baguio City to pick up passengers, consistent with the provisions of this Act, as may
without fist obtaining permission from the be necessary to prevent further violation of such
CAB provisions, or rules and regulations so issued".
Likewise, it has the power "on matters pertaining
-VALID AUTHORITY to "imposition of civil penalty or fine in connection
with the violation of any provision of this Act or
rules and regulations issued thereunder."
Page 22
CASE DIGEST ERENETA #TIFFANOTES
Mead v Argel Petitioner was found guilty of polluting the RA 3931 provides the clear legislative intention is
highway canal due to its operation of Insular to vest in the Natural Water and Air Pollution
Reginery Co. The case was filed by the Control Commission the exclusive authority to
Provincial Fiscal of Rizal. determine the existence of "pollution" penalized
thereunder and to prosecute violations of said law.
-NO AUTHORITY
A court action involving the determination of the
existence of pollution may not be initiated until
and unless the Commission has so determined the
existence
CHAPTER 6: JUDICIAL REVIEW OF, OR RELIEF AGAINST, of what in the lawACTIONS
ADMINISTRATIVE is considered
ADMINISTRATIVE FINDINGS AND CONSTRUCTIONS GENERALLY CONCLUSIVE
Board of Medical Board of Medical Education after two teams of There is no law authorizing an appeal from
Educ v Alfonso inspectors reported that respondent fell very decisions or orders of the Secretary of Education,
much short of the minimum standards set for Culture and Sports to this Court or any other
medical schools. The DECS ordered the Court. It is not the function of the Court to review
closure of the school. The local judge did an the decisions and orders of the Secretary on the
ocular inspection and issued a writ of issue of whether or not an educational institution
preliminary injunction becase the deficiencies meets the norms and standards. On this question,
mentioned in the report were non-existent no Court has the power or prerogative to substitute
its opinion for that of the Secretary.
-NO POWER TO SUBSTITUTE
The, only authority reposed in the Courts in the
matter is the determination of whether or not the
DECS has acted within the scope of powers
granted him by law and the Constitution. As long
as it appears that he has done so, any decision
rendered by him should not and will not be subject
to review and reversal.
Gordon v Veridanio A joint team composed of agents of the FDA Settled is the rule that the factual findings of
and narcotics agent conducted a test buy at administrative authorities are accorded great
Respondent's Drug Store and was sold 200 respect because of their acknowledged expertise in
tablets of Valium without doctor's prescription. the fields of specialization to which they are
The Mayor revoked Respondent's permit. After assigned. Even the courts of justice are concluded
the FDA lifted its closure order allowing by such findings in the absence of a clear showing
Respondent to resume office, the Mayor did of a grave abuse of discretion, which is not present
not return the Mayor's Permit. in the case at bar. For all the Mayor's experience in
the enforcement of city ordinances, he cannot
-NO POWER claim the superior aptitudes of the FDA in the
enforcement of the pharmacy and drug addiction
laws. He should therefore also be prepared to
accept its decisions on this matter.
Page 23
CASE DIGEST ERENETA #TIFFANOTES
Macailing v A dispute arose ovr 4 parcels of land between An administrative regulation adopted pursuant to
Andrada the parties. The Secretary of Agiculture and law, is law. 30 days after receipt by the interested
Natural Resources ruled in favor of Petitioner. parties, the decision of the Secretary of Agriculture
Respondent filed an MR which was denied and Natural Resources becomes final, except in
because the judgment had become final and cases of mistakes, inadvertence, surprise, default
executory. The Asst Executive Secretary in or excusable neglect. In which case, the Secretary
behalf of the President, reversed the decision. may relieve a party of a decision, order or other
proceeding taken against him upon application
-NO RIGHT TO REOPEN made within a reasonable time but in no case
exceeding 1 year after such decision, order or
proceeding was taken. Defendants do not come
within the exception just noted.
Page 24
CASE DIGEST ERENETA #TIFFANOTES
Quintos Jr. v Q's horse was excluded from taking part in the Petitioner prematurely instituted a suit in court for
National Stud Farm race during the day of. Q raised to the trial damages. The reason for this short circuiting of
court that the cancellation or withdrawal of the administrative processes is not explained by
certificate of registration was arbitrary and appellant. He gives no reason for his failure to
oppressive. exhaust administrative remedies.
Page 25
CASE DIGEST ERENETA #TIFFANOTES
Elks Club v Rovira Petitioners filed a petition for Certiori against In a special civil action of certiorari the only
the Judge of the CIR when it decided on the question that may be raised is whether or not the
controversy between the petitioner and its respondent has acted without or in excess of
laborers and employees. Petitioner contests jurisdiction or with grave abuse of discretion; and
that are not industrial disputes because this Court can not correct errors of fact or law
Petitioner is not an industrial organization. which the lower court may have committed.
Page 26
CASE DIGEST ERENETA #TIFFANOTES
Blanco v Board of The Petitioners took the examinations It is the discretionary duty of the Secretary of the
Medical Examiners prescribed by law and passed. But the Interior to confirm or not to confirm or, as in this
Secretary of Interior annulled the certification instance, to annul, the report of the medical
on a finding by the Undersecretary that the examiners.
questions had been leaked out. Petitioner filed
a mandamus since Act 3111 provides that "the It is elementary law that the writ of mandamus will
results of all examinations shall be submitted not issue to control or review the exercise of
for confirmation the Secretary of Interior" discretion of a public officer. Where the law
alleging that such confirmation is ministerial. imposes upon a public officer the right and duty to
exercise judgment, in reference to any matter to
-DISCRETIONARY which he is called upon to act, it is his judgment
that is to be exercised and not that of the court.
Policarpio v Phil Petitioner was receiving pension from the The decision is untenable. It being an established
Veterans Board Respondent Board which was stopped because fact that the resumption of the pension had not yet
she received similar pension form the US been approved by the Veterans Board the
Veterans Admin. The Secretary of PVB issued memorandum of the Secretary and the preparation
the resumption of the pension through a of the warrants were obviously unauthorized.
treasury warrants. The delivery of the warrants
was stopped for the reason that the Board had It was improper to compel delivery of the warrants
not yet granted the restoration of the pension. because the Board might, in the exercise of its
Petitioner filed a petition for mandamus to discretion, refuse to restore petitioner's pension;
compel release. and even if its refusal should be wrongful or
erroneous, the Court could not properly intervene
-DISCRETIONARY until the petitioner should have exhausted her
administrative remedies.
Quarto v Marcelo A case was filed before the Ombudsman In the exercise of his investigatory and
against several high ranking DPWH officials prosecutorial powers, the Ombudsman is generally
and employees who purportedly benefited no different from an ordinary prosecutor in
from certain anomalous transactions. determining who must be charged. He also enjoys
the same latitude of discretion in determining
The Ombudsman granted the respondent's what constitutes sufficient evidence to support a
request for immunity in exchange for finding of probable cause and the degree of
testimonies and cooperation. participation of those involved or the lack thereof.
His findings and conclusions on these matters are
-DISCRETIONARY not ordinarily subject to review by the courts
except when he gravely abuses his discretion.
Page 27
CASE DIGEST ERENETA #TIFFANOTES
Diaz v Secretary of The issue is whether the Congress intended to The Court has also held that a petition for
Finance include VAT on toll fees within the meaning of prohibition is a proper remedy to prohibit or
"sale of services". The petitioners filed a nullify acts of executive officials that amount to
petition for declaratory relief, when it should usurpation of legislative authority.
have filed a prohibition.
Here, the imposition of VAT has far-reaching
-COURT CAN TREAT IT AS PROHIBITION implications. Its imposition would impact, not only
on the more than half a million motorists who use
the tollways everyday, but more so on the
government's effort to raise revenue.
Page 28
CASE DIGEST ERENETA #TIFFANOTES
Azajar v Ardalles Petitioner filed a petititon for declaratory relief Petitioner is not interested under a deed, will,
and Bureau of on her citizenship because he was denied to contract or other written instrument; nor are her
Lands purchase a parcel of land belonging to the rights affected by a statute or ordinance and so her
public domain on the ground that she was a grievance against Respondent who objected to her
Chinese Citizen. sales application for a parcel of land of the public
domain has not brought her under and within the
-INVALID PETITION scope of Rule 66.
Respondent filed a petition for mandamus to Being in custody of the immigration authorities,
compel the Immigration to declare him a the proper remedy to test the legality of his
filipino citizen. detention is habeas corpus
-WRONG REMEDY
QUESTIONS OPEN TO REVIEW
Ortua v Singson Petitioner filed with the Bureu of Lands for the A decision rendered by the Director of Lands and
Encarnacion purchase of land, which was denied because approved by the Secretary of Agriculture and
Petitioner filed for a landing certificate of Commerce, upon a question of fact is conclusive
residence which was issued only to Chinese and not subject to be reviewed by the courts, in the
persons. absence of a showing that such decision was
rendered in consequence of fraud, imposition, or
Petitioner filed a petition for mandamus mistake, other than error of judgment in
compelling them to give due course to his estimating the value or effect of evidence,
appplication. regardless of whether or not it is consistent with
the preponderance of the evidence, so long as
-WRONG REMEDY there is some evidence upon which the finding in
question could be made.
Page 29
CASE DIGEST ERENETA #TIFFANOTES
Gonzales v Victory CIR hekd Petitioner guilty of unfair labor When the decision was rendered by an almost
Labors Union practice on the basis of 3 VICLU members and evenly divided court and that the division was
preisdent's testimonies. It was decided on anprecisely on the facts as borne out by the evidence.
almost evenly divided court. In such a situation the Court must go over the
record and, in order to determine the
-NO SUBSTANTIAL EVIDENCE substantiality of the evidence, consider it not only
in its quantitative but also in its qualitative
aspects. For to be substantial, evidence must first
at all be credible.
Lambino v Baens Petitioner is claiming compensation for the To conclude that because the deceased worked in
del Rosario death of her husband against WCC because of the open air his employment was healthful and had
working conditions making his illness worst invigorating effect on his health, without taking
into account the particular job he was doing is
-WRONG CONCLUSION unjustified.
Page 30
CASE DIGEST ERENETA #TIFFANOTES
Office of Court OCA recommended the filing of The present case is an administrative case, not a
Administrator v administrative complaint against Respondent. criminal case, against respondent. The quantum of
Lopez Respondent alleged that there was a pending proof required is only substantial evidence, or that
criminal case against him and prosecution amount of relevant evidence which a reasonable
failed to prove his guilt, therefore the mind might accept as adequate to support a
administrative case should be dismissed. conclusion. Evidence to support a conviction in a
criminal case is not necessary, and the dismissal of
-NO DISMISSAL the criminal case is not a ground for the dismissal
of the administrative case.
PUBLIC OFFICER
Azarcon v Azarcon was a private individual who owned
Sandiganbayan and operated an earth-moving business. A lack of jurisdiction. The only instances when the
Warrant of Garnishment was issued to Sandiganbayan will have jurisdiction over a
accused Azarcon ordering him to transfer private individual is when the complaint charges
and/or remit to BIR the property in his the private individual either as a co-principal,
possession owned by Ancla. Azarcon then accomplice or accessory of a public officer or
volunteered himself to act as custodian of the employee who has been charged with a crime
truck owned by Ancla.. Azarcon was charged within its jurisdiction.
before the Sandiganbayan with the crime of
malversation of public funds or property.
Page 31
CASE DIGEST ERENETA #TIFFANOTES
Dela Cruz v COA NHA Resident Auditor issued a Notice of The ex-officio position being actually and in legal
Disallowance disallowing in audit the payment contemplation part of the principal office, it
of representation allowances and per diems of follows that the official concerned has no right to
"Cabinet members who were the ex- officio receive additional compensation for his services in
members of the NHA Board of Directors the said position. The reason is that these services
and/or their respective alternates who actually are already paid for and covered by the
received the payments." compensation attached to his principal office. It
should be obvious that if, say, the Secretary of
NHA Chairman appealled the disallowance on Finance attends a meeting of the Monetary Board
the ground that the SC issued a resolution that as an ex-officio member thereof, he is actually and
the multiple posititon rule does not cover in legal contemplation performing the primary
appointive officials whose rank is Asst function of his principal office in defining policy in
Secretary or lower. monetary banking matters, which come under the
jurisdiction of his department.
Gaminde v COA -NO term
The ADDITIONAL
of office ofCOMPENSATION
Gaminde, as She served as de facto officer in good faith until
Commissioner, CSC, to which she was February 02, 2000, and thus entitled to receive her
appointed on June 11, 1993, expired on salary and other emoluments for actual service
February 02, 1999, as stated in the rendered. Consequently, the CoA erred in
appointment paper. But she claims it expired disallowing in audit such salary and other
on February 02, 2000. emoluments, including that of her co-terminous
staff.
-DE FACTO OFFICER
Atty Ereneta: She was not required to refund
because no person has the right to claim the
Javellana v DILG Javellana was a lawyer and a council. He was refund.
Neither the statute nor the circular trenches upon
charged for violating the prohibition on the the SC's power and authority to prescribe rules on
practice of profession while sitting as a the practice of law. The LGC and DLG Memo. 90-
councilor without approval from the 81 simply prescribe rules of conduct for public
Department of Local Government. DLG issued officials to avoid conflicts of interest between the
a memorandum requiring members of discharge of their public duties and the private
sanggunian to ask for permission before practice of their profession, in those instances
practicing his profession which was consistent where the law allows it. Section 90 of the LGC does
with the provision in the LGC. not discriminate against lawyers and doctors. It
applies to all provincial and municipal officials in
-VALID PROHIBITION the professions or engaged in any occupation.
Section 90 explicitly provides that sanggunian
members "may practice their professions, engage
in any occupation, or teach in schools expect
during session hours." If there are some
prohibitions that apply particularly to lawyers, it is
because of all the professions, the practice of law is
more likely than others to relate to, or affect, the
Martinez v Judge While respondent judge seasonably paid the FINE
Zoleta of P500.00 he nevertheless continued to defy the
Orders of this Court by not filing his Comment on
the complaint. Such continuous defiance renders
him liable for gross misconduct and
insubordination and must be dealt with
accordingly.
Page 32
CASE DIGEST ERENETA #TIFFANOTES
National Amnesty v The NAC passed an administrative order The representatives cannot be considered de facto
COA which allows ex officio members to designate officers because they were not appointed but were
their representatives to the commission and be merely designated to act as such. Furthermore,
entitled to per diems, allowances, bonuses, and they are not entitled to something their own
other benefits as may be authorized by law. principals are prohibited from receiving.
Petitioner invoked the said administrative
order before the COA, but failed. NAC argues
that they are de facto officers therefore entitled
toallowances under the CLU.
Page 33
CASE DIGEST ERENETA #TIFFANOTES
Lacson v Roque The then mayor of Manila, Arsenio Lacson, The President has no inherent power to remove or
broadcasted some allegedly defamatory and suspend municipal officers. Removal and
libelous utterances against a certain judge suspension of public officers are always controlled
(Judge Montesa). Montesa then filed a libel by the particular law applicable and its proper
case against Lacson.The special prosecutor construction subject to constitutional limitations.
recommended the suspension of Lacson to the And strict construction of law relating to
President. The President then issued a suspension and removal, is the universal rule.
suspension order against Lacson. When dealing with elective posts, the necessity for
restricted construction is greater.
Funa v Villar -NO
FunaPOWER TOthe
challenges SUSPEND
constitutionality of the The appointment of members of any of the three
appointment of Reynaldo A. Villar as constitutional commissions, after the expiration of
Chairman of the COA. the uneven terms of office of the first set of
commissioners, shall always be for a fixed term of
Following the retirement of Carague on 7 years; an appointment for a lesser period is void
February 2, 2008 and during the fourth year of and unconstitutional. The appointing authority
Villar as COA Commissioner, Villar was cannot validly shorten the full term of 7 years in
designated as Acting Chairman of COA from case of the expiration of the term as this will result
February 4, 2008 to April 14, 2008. in the distortion of the rotational system
prescribed by the Constitution.
-UNCONSTITUTIONAL
Appointments to vacancies resulting from certain
causes shall only be for the unexpired portion of
the term of the predecessor, but such
DTI RPI v Singun Singun gave his letter of resignation effective Acceptance is necessary for resignation of a public
January 14, 2000. Before receiving the officer to be operative and effective. Without
acceptance of his resignation, he was detailed acceptance, resignation is nothing and the officer
by DTI undersecretary to another department remains in office. Resignation to be effective must
effective January 17, 2000. be accepted by competent authority, either in
terms or by something tantamount to an
-NO VALID RESIGNATION acceptance, such as the appointment of the
successor. A public officer cannot abandon his
office before his resignation is accepted.
Page 34