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173 TORRES, ARTICLE 6, SECTION1, Cebu Oxygen v. Drilon, 176 SCRA 24 (1989)
173 TORRES, ARTICLE 6, SECTION1, Cebu Oxygen v. Drilon, 176 SCRA 24 (1989)
173 TORRES, ARTICLE 6, SECTION1, Cebu Oxygen v. Drilon, 176 SCRA 24 (1989)
GANCAYCO, J.;
ISSUE:
Whether or not an Implementing Order of the Secretary of Labor and Employment (DOLE) can provide for
a prohibition not contemplated by the law it seeks to implement.
RULING:
No. Implementing rules and regulations cannot provide for a prohibition not contemplated by the law. The
law cannot be expanded by its regulations. Administrative regulations must harmonize with the law and not
unduly expand it. An administrative agency cannot amend an act of Congress. Section 8 of the rules
implementing Republic 6640 is declared null and void in so far as it excludes the anniversary wage
increases negotiated under collective bargaining agreements from being credited to the wage increase
provided for under Republic Act No. 6440.