120924006-101040605-Admin-Law-Case-Digest - VI....

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VI.Adjudicatory PowersA.Quasi-judicial power and quasi-judicial body, definedSmart Communications vs NTC G.R. No. 151908 12 August 2003Facts: Petitioners Isla Communications Co., Inc. and Pilipino TelephoneCorporation filed against the National Telecommunications Commission,an action for declaration of nullity of NTC Memorandum Circular No. 13-6-2000 (the Billing Circular). Petitioners allege that the NTC has nojurisdiction toregulate the sale of consumergoods such as the prepaid callcards since such jurisdiction belongs to the Department of Trade andIndustryunder the Consumer Act of the Philippines; that the Billing Circularis oppressive, confiscatory and violative of the constitutional prohibitionagainst deprivation of property without due process of law; that the Circularwill result in the impairment of the viability of the prepaid cellular service byunduly prolonging the validity and expiration of the prepaid SIM and callcards; and that the requirements of identification of prepaid card buyersand call balance announcement are unreasonable. Hence, they prayedthat the Billing Circular be declared null and void ab initio.Issue :WON the RTC has jurisdiction over the caseHeld: Petitions are granted. The issuance by the NTC of MemorandumCircular No. 13-6-2000 and its Memorandum dated October 6, 2000 waspursuant to its quasi-legislative or rule-making power. As such, petitionerswere justified in invoking the judicial power of the Regional Trial Court toassail the constitutionality and validity of the said issuances.What isassailed is the validity or constitutionality of a rule or regulationissued by the administrative agency in the performance of its quasi-1
legislative function, the regular courts have jurisdiction to pass uponthe same.The determination of whether a specific rule or set of rulesissued by an administrative agency contravenes the law or theconstitution is within the jurisdiction of the regular courts.Indeed, theConstitution vests the power of judicial review or the power to declare alaw, treaty, international or executive agreement, presidential decree,order, instruction, ordinance, or regulation in the courts, including theregional trial courts.25This is within the scope of judicial power, whichincludes the authority of the courts to determine in an appropriate actionthe validity of the acts of the political departments.26Judicialx powerincludes the duty of the courts of justice to settle actual controversiesinvolving rights which are legally demandable and enforceable, and todetermine whether or not there has been a grave abuse of discretionamounting to lack or excess of jurisdiction on the part of any branch orinstrumentality of the Government.Not to be confused with the quasi-legislative or rule-making power of anadministrative agency is its quasi-judicial or administrative adjudicatorypower. This is the power to hear and determine questions of fact to whichthe legislative policy is to apply and to decide in accordance with the

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Term
Spring
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Tags
Law, Notes, Cases, Digests, Separation of Powers, Subpoena duces tecum

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