Professional Documents
Culture Documents
Separation of Powers
- ULTIMATE OBJECTIVE: to limit the powers of the
State
FACTS:
PANTRANCO, a holder of an existing Certificate of
Public Convenience is applying to operate additional
buses with the Public Service Commission (PSC).
The PSC granted the application but added several
conditions for PANTRANCOs compliance.
ISSUE:
PANTRANCO is questioning whether PSC can
impose said conditions. If so, wouldnt this power of
the PSC, as provided for under sec. 15, CA 146,
constitute undue delegation of powers?
HELD:
SC held that there was valid delegation of powers.
The theory of the separation of powers is designed by
its originators to secure action at the same time
forestall overaction which necessarily results from
undue concentration of powers and thereby obtain
efficiency and prevent deposition. But due to the
ISSUE:
W/N the issuance of Memorandum Circular No. 2 is a
violation of non-delegation of powers
HELD:
SC held that there was valid delegation of powers.
FACTS:
Vitaliano Saco, the Chief Officer of a ship, was killed
in an accident in Tokyo, Japan. The widow filed a
complaint for damages against the Eastern Shipping
Lines with the POEA, based on Memorandum Circular
No. 2 issued by the latter which stipulated death
benefits and burial expenses for the family of an
overseas worker. Eastern Shipping Lines questioned
the validity of the memorandum circular.
Nevertheless, the POEA assumed jurisdiction and
decided the case.
FACTS:
Payawal is a buyer of a certain subdivision lot who is
suing Solid Homes for failure to deliver the certificate
of title. The complaint was filed with the RTC. Solid
Homes contended that jurisdiction is with the National
Housing Authority (NHA) pursuant to PD 957, as
amended by PD 1344 granting exclusive jurisdiction to
NHA.
ISSUE:
W/N NHA has jurisdiction to try the case and the
competence to award damages
HELD:
SC held that NHA (now HLURB) has jurisdiction.
1.
In case of conflict between a general law and a
2.
special law, the latter must prevail regardless of the 3.
dates of their enactment. It is obvious that the general 4.
law in this case is BP 129 and PD 1344 the special
law.
On the competence of the Board to award damages,
we find that this is part of the exclusive power
conferred upon it by PD 1344 to hear and decide
claims involving refund and any other claims filed by
subdivision lot or condominium unit buyers against the
project owner, developer, dealer, broker or salesman.
As a result of the growing complexity of the modern
society, it has become necessary to create more and
more administrative bodies to help in the regulation of
its ramified activities. Specialized in the particular
fields assigned to them, they can deal with the
problems thereof with more expertise and dispatch
than can be expected from the legislature or the
courts of justice. This is the reason for the increasing
vesture of quasi-legislative and quasi-judicial powers
in what is now not unreasonably called the fourth
department of the government.
Statues conferring powers on their administrative
agencies must be liberally construed to enable them
to discharge their assigned duties in accordance with
FACTS:
Mecano, an NBI Director, was hospitalized for
cholecystitis, for which he incurred medical and
hospitalization expenses, the total amount of which he
is claiming from the COA, based on sec. 699 of the
RAC. COA contended that the RAC has been
repealed by the Administrative Code of 1987,
specifically sec. 699 was not restated nor re-enacted
in the Code.
ISSUE:
W/N the Administrative Code of 1987 repealed or
abrogated sec. 699 of the RAC
HELD:
ISSUE:
W/N Contract C was validly entered into
HELD:
FACTS:
This case involves three contracts of lease:
1) Contract A: executed between Civil Aeronautics
Administration (lessor) and Rosario Leveriza (lessee)
2) Contract B: executed between Leveriza (lessor)
and Mobil Oil (lessee)
3) Contract C: executed between CAA (lessor) and
Mobil Oil (lessee)
When Leveriza subleased the property to Mobil Oil
(Contract B) without permission from the lessor, CAA
cancelled Contract A and executed Contract C with
Mobil Oil. Leveriza contended that Contract C was
invalid not only because it was entered into by CAA
without approval by the Department Secretary but
also because it was not executed by the President of
the Philippines or officer duly designated. According
to Leveriza, the officer duly designated to cancel the
contract is not the Airport General Manager but the
Secretary of Public Works and Communication or the
Director of the CAA.
Meaning of Administration
o
Internal Administration rules within the
reins of government for the time being. Thus,
particular agency
compared to administration, government has a more
o
External Administration rules governing
permanent character.
the relationship between the agency and the
public
TWO KINDS OF ADMINISTRATION: