V comelecgrno168792feb232009 q a while of legal

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Unformatted text preview: ch the law makes, or intends to make, its own action depend, or the law may provide that it shall become operative only upon the contingency or some certain fact or event, the ascertainment of which is left to an administrative agency. (1 Am. Jur. 2d 930‐931) Q: What are the requirements for the delegation of the power to ascertain facts to be valid? A: The law delegating the power to determine some facts or state of things upon which the law may take effect or its operation suspended must provide the standard, fix the limits within which the discretion may be exercised, and define the conditions therefor. Absent these requirements, the law and the rules issued thereunder are void, the former being an undue delegation of legislative power and the latter being the exercise if rule‐making without legal basis. (U.S. v. Ang Tang Ho, 43 Phil. 1, 1992) Q: In connection with the evidence presented before a fact‐finding quasi judicial body, do the latter have a power to take into consideration 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 151 UST GOLDEN NOTES 2011 the result of its own observation and investigation of the matter submitted to it for decision? A: A fact‐finding quasi‐judicial body (e.g., Land Transportation Franchising and Regulatory Board) whose decisions (on questions regarding certificated of public convenience) are influenced not only by the facts as disclosed by the evidence in the case before it but also by the reports of its field agents and inspectors that are periodically submitted to it, has the power to take into consideration the result of its own observation and investigation of the matter submitted to it for decision, in connection with other evidence pres...
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