Misapprehensionoffactsortheagency

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: large, limit or nullify the terms of the law 5. It must be uniform in operation, reasonable and not unfair or discriminatory 6. Must be promulgated in accordance with the prescribed procedure Q: What are the limitations on the exercise of quasi‐legislative power? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 147 UST GOLDEN NOTES 2011 A: 1. 2. 3. 4. 5. It must be within the limits of the powers granted to administrative agencies. Cannot make rules or regulations which are inconsistent with the provision of the Constitution or statute. Cannot defeat the purpose of the statute. May not amend, alter, modify, supplant, enlarge, or limit the terms of the statute. A rule or regulation must be uniform in operation, reasonable and not unfair or discriminatory. Q: May an administrative agency promulgate rules providing for penal sanction? A: Yes, provided the following requisites are complied with: 1. The law must declare the act punishable; 2. The law must define the penalty; 3. The rules must be published in the Official Gazette. (The Hon. Secretary Vincent S. Perez v. LPG Refillers Association of the Philippines, G.R. No. 159149, June 26, 2006) Q: Are administrative officers tasked to implement the law also authorized to interpret the law? A: Yes, because they have expertise to do so. (PLDT v. NTC, G.R. No. 88404, Oct. 18, 1990) Q: Are constructions of administrative officers binding upon the courts? A: Such interpretations of administrative officer are given great weight, unless such construction is clearly shown to be in sharp contrast with the governing law or statute. (Nestle Philippines Inc. v. CA, G.R. No. 86738, Nov. 13, 1991) Q: What is the Doctrine of Subordinate Legislation? A: Power of administrative agency to...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online