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Bar Questions in Administrative Law
Bar Questions in Administrative Law
Bar Questions in Administrative Law
2000 EXAMINATION
(I)TOPIC: QUASI-LEGISLATIVE FUNCTION (Necessity for Notice and Hearing)
The Maritime Industry Authority (MARINA) issued new rules and regulations
governing pilotage services and fees and the conduct of pilots in Philippine ports.
This it did without notice, hearing nor consultation with harbor pilots or their
associations whose rights and activities are to be substantially affected. The harbor
pilots then filed suit to have the new MARINA rules and regulations declared
unconstitutional for having been issued without due process.
Suggested Answer:
The issuance of the new rules and regulations violated due process. Under Section
9, Chapter II, Book VII of the Administrative Code of 1987, as far as practicable,
before adopting proposed rules, an administrative agency should publish or
circulate notices of the proposed rules and afford interested parties the
opportunity to submit their views; and in the fixing of rates, no rule shall be valid
unless the proposed rates shall have been published in a newspaper of general
circulation at least two weeks before the first hearing on them. In accordance with
this provision, in Commissioner of Internal Revenue vs. Court of Appeals, 261 SCRA
236 (1996), it was held that when an administrative rule substantially increases the
burden of those directly affected, they should be accorded the chance to be heard
before its issuance.
Alternative Answer:
Submission of the rule to the University of the Philippines Law Center for
publication is mandatory. Unless this requirement is complied with, the rule
cannot be enforced.