186721766-Admin-cases - ADMINISTRATIVE LAW DIGESTED CASES...

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ADMINISTRATIVE LAW DIGESTED CASES Atty. Voltaire San Pedro 1 st Semester SY ’07 – ‘08 POWERS OF ADMINISTRATIVE AGENCY A .The Quasi- Legislative Power TEST OF DELEGATION a. Completeness Test 1
ADMINISTRATIVE LAW DIGESTED CASES Atty. Voltaire San Pedro 1 st Semester SY ’07 – ‘08 ABAYON, GP Group 1 VELARDE VS. SJS G.R. No. 159357 Apr. 28, 2004 FACTS: Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the June 12, 2003 Decision and July 29, 2003 Order of the Regional Trial Court (RTC) of Manila (Branch 49). The challenged Decision was the offshoot of a Petition for Declaratory Relief filed before the RTC- Manila by herein Respondent Social Justice Society (SJS) against herein Petitioner Mariano "Mike" Z. Velarde, together with His Eminence, Jaime Cardinal Sin, Executive Minister Eraño Manalo, Brother Eddie Villanueva and Brother Eliseo F. Soriano as co-respondents. The Petition prayed for the resolution of the question "whether or not the act of a religious leader like any of herein respondents, in endorsing the candidacy of a candidate for elective office or in urging or requiring the members of his flock to vote for a specified candidate, is violative of the letter or spirit of the constitutional provisions. ISSUE: Whether or not the RTC Decision conform to the form and substance required by the Constitution, the law and the Rules of Court. HELD: The Constitution commands that "[n]o decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the basis therefor." Consistent with this constitutional mandate, Section 1 of Rule 36 of the Rules on Civil Procedure similarly provides: "Sec. 1. Rendition of judgments and final orders . – A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him and filed with the clerk of court." In the same vein, Section 2 of Rule 120 of the Rules of Court on Criminal Procedure reads as follows: "Sec. 2. Form and contents of judgments. -- The judgment must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts proved or admitted by the accused and the law upon which the judgment is based. Pursuant to the Constitution, this Court also issued on January 28, 1988, Administrative Circular No. 1, prompting all judges "to make complete findings of facts in their decisions, and scrutinize closely the legal aspects of the case in the light of the evidence presented. They should avoid the tendency to generalize and form conclusions without detailing the facts from which such conclusions are deduced." "Faithful adherence to the requirements of Section 14, Article VIII of the Constitution is indisputably a

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