Professional Documents
Culture Documents
Topic: Preliminaries
Facts:
Justice. After finding that the illness of Mecano is service connected, the
the releasing of the said claims on the ground that the statement of COA to
The COA further contended that the Illness of Director Mecano was
Issue:
Whether or not Antonio Mecano is entitled to his claims for
Ruling:
hospital expenses.
The fact that a later enactment may relate to the same subject matter
repeal of the prior act, since the new statute may merely be cumulative or a
Repeals by implication are not favored, and will not be decreed unless
passed with deliberation with full knowledge of all existing ones on the
matter, unless the repugnancy between the two is not only irreconcilable,
but also clear and convincing, and flowing necessarily from the language
used, unless the later act fully embraces the subject matter of the earlier, or
unless the reason for the earlier act is beyond peradventure renewed. Hence,
every effort must be used to make all acts stand and if, by any reasonable
construction, they can be reconciled, the later act will not operate as a
Topic: Preliminaries
Facts:
The Iron and Steel Authority (ISA) was created by PD No. 272, in order,
generally, to develop and promote the iron and steel industry in the Philippines.
Initially, it was created for a term of 5 years but when its original term expired,its
The National Steel Corporation (NSC) then a wholly owned subsidiary of the
a steel mill in Iligan City. Proclamation No. 2239was issued by the President
withdrawing from sale or settlement a tract of land in Iligan City to be used by the
NSC.However, certain portions of the public land under Proclamation 2239 were
occupied by Maria Cristina Fertilizer Co.(MCFC). LOI No. 1277 was issued directing
NSC to negotiate with the owners of MCFC for and on behalf of the Government for
the compensation of MCFCs present occupancy rights on the subject land. The LOI
directed that ISA may exercise the power of eminent domain should the
proceedings against MCFC. While trial was on-going the statutory existence of ISA
had expired prompting MCFC to file the dismissal of the case since ISA has
The trial court granted MCFCs motion to dismiss anchoring on the Rules of
Court that only natural or juridical persons or entities authorized by law may
be parties to a civil case. ISA moved for a reconsideration contending that despite
the expiration of its term, its juridicial existence continued until the winding up of its
affairs could be completed. In the alternative ISA urged that the Republic of the
Philippines should be allowed to be substituted in its place. The RTC denied its
Issue:
Ruling:
Yes, the Republic of the Philippines is entitled to be substituted for ISA in view
the Republic of the Philippines. The Republic itself is a body corporate and juridical
person vested with full panoply of powers and attributes which are compendiously
agency expires, the powers, duties and functions as well as the assets and liabilities
of that agency revert back to, and are re-assumed by, the Republic of the
such powers, duties, functions, etc. to some other identified successor agency or ins
incorporated one, the consequences of such expiry must be looked for, in the first
powers, duties, functions, assets and liabilities are properly regarded as folded back
into the Government of the Philippines and hence assumed once again by the
term of ISA having expired. The expiration of ISAs statutory did not by itself require
Topic: Preliminaries
Facts:
EIIB. The employees of EIIB, through the Buklod ng Kawaning EIIB, invoked
the Supreme Courts power of judicial review in questioning the said orders.
public office, as that is a power solely lodged in the legislature; and that the
Ruling:
and other offices under the executive department, the president may
deactivate them pursuant to control power over such offices, unless such
power to reorganize the Office of the President. Basis of such power also has
its roots in two laws i.e., PD 1772 and PD 1416. These decrees expressly
materials.
Also, it cannot be said that there is bad faith in the abolition of EIIB.
EIIB allocations has always exceeded P100 million per year. To save the
Aduana which has for its allocation just P50 million. Further, TYF Aduana is
invested more power that EIIB never had, i.e., search and seizure and arrest.
Lastly, EEIB employees right to security of tenure is not violated. Since
there is no bad faith in the abolition of EIIB, such abolition is not infirm. Valid
and tenure, no one can be said to have any vested right in an office or its
salary.
Topic: Preliminaries
Facts:
(OSSP). Petitioners were rank and file employees of NTA who were
terminated and were not considered in the OSSP. They filed a petition for
Batac, Ilocos Norte to enjoin the respondents from enforcing the notice of
petitioners and thus ordered NTA to appoint petitioners in the new OSSP. On
appeal, the Court of Appeals reversed the RTC ruling. The Supreme Court
affirmed the appellate court's decision and denied the motion for
reconsideration.
resolution of the case allegedly to address the legal and constitutional issue
Issue:
Ruling:
offices; the assailed action was merely reorganization under the general
provisions of the law consisting mainly of streamlining the NTA in the interest
of simplicity, economy and efficiency. It was, therefore, an act well within the
by the Court.
No. 36 have not abolished the National Tobacco Administration but merely
personnel. Article VII, Section 17, of the Constitution, expressly grants the
8522 (General Appropriations Act of FY 1998) has decreed that the President
may direct changes in the organization and key positions in any department,
budget necessary for its operation. Evidently, this grant of power includes
the authority to evaluate each and every government agency, including the
al. vs. Hon. Ronaldo D. Zamora, in his capacity as the Executive Secretary, et
al., this Court has had occasion to also delve on the President's power to
reorganize the Office of the President under Section 31(2) and (3) of
Executive Order No. 292 and the power to reorganize the Office of the
President Proper. The Court has there .observed: .Under Section 31(1) of EO
292, the President can reorganize the Office of the President Proper by
one unit to another. In contrast, under Section 31(2) and (3) of EO 292, the
President Proper but still within the Office of the President is limited to
1987), above-referred to, reads thusly: "SEC. 31. Continuing Authority of the
structure of the Office, of the President. For this purpose, he may take any of
the following actions: "(1) Restructure the internal organization of the Office
from one unit to another; "(2) Transfer any function under the Office of the
the Office of the President from other Departments and Agencies; and "(3)
Transfer any agency under the Office of the President to any other
President from other departments and agencies." The first sentence of the
unduly limit the aim and scope of the grant to the President of the power to
from one unit to another, while Section 31(2) and (3) concern executive
offices outside the Office of the President Proper allowing the President to
transfer any function under the Office of the President to any other
Department or Agency and vice-versa, and the transfer of any agency under
the Office of the President to any other department or agency and vice-
provisions of the law consisting mainly of streamlining the NTA in the interest
appellate court, in good faith, a factual assessment that this Court could only
but accept.
Court reminded counsel for petitioners that the Court En Banc is not an