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5 Holy Spirit Homeowners vs. Defensor
5 Holy Spirit Homeowners vs. Defensor
5 Holy Spirit Homeowners vs. Defensor
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* EN BANC.
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Courts; Procedural Rules and Technicalities; The Supreme
Court will not shirk from its duty to rule on the merits of this
petition to facilitate the speedy resolution of this case—in proper
cases, procedural rules may be relaxed or suspended in the interest
of substantial justice, and the power of the Court to except a
particular case from its rules whenever the purposes of justice
require it cannot be questioned.—In a number of petitions, the
Court adequately resolved them on other grounds without
adjudicating on the constitutionality issue when there were no
compelling reasons to pass upon the same. In like manner, the
instant petition may be dismissed based on the foregoing
procedural grounds. Yet, the Court will not shirk from its duty to
rule on the merits of this petition to facilitate the speedy
resolution of this case. In proper cases, procedural rules may be
relaxed or suspended in the interest of substantial justice. And
the power of the Court to except a particular case from its rules
whenever the purposes of justice require it cannot be questioned.
Republic Act No. 9207; The government’s policy to set aside
public property aims to benefit not only the urban poor but also the
local government and various government institutions devoted to
socioeconomic, charitable, educational and religious purposes.—
Petitioners’ interpretation is also not supported by the policy of
R.A. No. 9207 and the prior proclamations establishing the NGC.
The government’s policy to set aside public property aims to
benefit not only the urban poor but also the local government and
various government institutions devoted to socioeconomic,
charitable, educational and religious purposes. Thus, although
Proclamation No. 137 authorized the sale of lots to bona fide
residents in the NGC, only a third of the entire area of the NGC
was declared open for disposition subject to the condition that
those portions being used or earmarked for public or quasi-public
purposes would be excluded from the housing program for NGC
residents. The same policy of rational and optimal land use can
be read in Proclamation No. 248 issued by then President Ramos.
Although the proclamation recognized the rapid increase in the
population density in the NGC, it did not allocate additional
property within the NGC for urban poor housing but instead
authorized the vertical development of the same 150 hectares
identified previously by Proclamation No. 137 since the
distribution of individual lots would not adequately provide for
the housing needs of all the bona fide residents in the NGC.
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Same; Where a rule or regulation has a provision not expressly
stated or contained in the statute being implemented, that
provision does not necessarily contradict the statute—all that is
required is that the regulation should be germane to the objects
and purposes of the law; that the regulation be not in contradiction
to but in conformity with the standards prescribed by the law;
Implicit in the authority of the Committee and the statute’s
objective of urban poor housing is the power of the Committee to
formulate the manner by which the reserved property may be
allocated to the beneficiaries.—Where a rule or regulation has a
provision not expressly stated or contained in the statute being
implemented, that provision does not necessarily contradict the
statute. A legislative rule is in the nature of subordinate
legislation, designed to implement a primary legislation by
providing the details thereof. All that is required is that the
regulation should be germane to the objects and purposes of the
law; that the regulation be not in contradiction to but in
conformity with the standards prescribed by the law. In Section 5
of R.A. No. 9207, the Committee is granted the power to
administer, formulate guidelines and policies, and implement the
disposition of the areas covered by the law. Implicit in this
authority and the statute’s objective of urban poor housing is the
power of the Committee to formulate the manner by which the
reserved property may be allocated to the beneficiaries. Under
this broad power, the Committee is mandated to fill in the details
such as the qualifications of beneficiaries, the selling price of the
lots, the terms and conditions governing the sale and other key
particulars necessary to implement the objective of the law. These
details are purposely omitted from the statute and their
determination is left to the discretion of the Committee because
the latter possesses special knowledge and technical expertise
over these matters.
Same; The Committee’s authority to fix the selling price of the
lots may be likened to the rate-fixing power of administrative
agencies, and in case of a delegation of rate-fixing power, the only
standard which the legislature is required to prescribe for the
guidance of the administrative authority is that the rate be
reasonable and just.—The Committee’s authority to fix the selling
price of the lots may be likened to the rate-fixing power of
administrative agencies. In case of a delegation of rate-fixing
power, the only standard which the legislature is required to
prescribe for the guidance of the administrative authority is that
the rate be reasonable and just. However, it has
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The Solicitor General for respondents.
The City Attorney for respondent City Government.
TINGA, J.:
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1 Rollo, p. 6.
2 Id., at p. 7.
3 Id.
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5 Rollo, p. 12.
6 Id., at p. 80.
7 Id., at p. 82.
8 Sanlakas v. Executive Secretary, G.R. No. 159085, February 3, 2004,
421 SCRA 656, 665, citing Integrated Bar of the Philippines v. Zamora,
G.R. No. 141284, August 15, 2000, 338 SCRA 81.
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9 Rollo, p. 81.
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Holy Spirit Homeowners Association, Inc. vs. Defensor
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10 Id., at p. 51.
11 Id., at p. 66.
12 Smart Communications, Inc. v. National Telecommunications
Commission, 456 Phil. 145, 155; 408 SCRA 678, 686 (2003).
13 Id., at p. 157; pp. 687-688.
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20 CONSTITUTION, Art. VIII, Sec. 5 states: The Supreme Court shall have
the following powers:
x x x
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decrees, proclamation, order, instruction, ordinance, or regulation
is in question. x x x
21 RULES OF COURT, Rule 65, Sec. 2.
22 David v. Rivera, G.R. Nos. 139913 & 140159, January 16, 2004, 420
SCRA 90, 100.
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23 Id.
24 Development Bank of the Phils. v. Commission on Audit, 424 Phil.
411; 373 SCRA 356 (2002); Planters Products, Inc. v. Court of Appeals, 375
Phil. 615; 317 SCRA 195 (1999); Spouses Mirasol v. Court of Appeals, 403
Phil. 761; 351 SCRA 44 (2001).
25 Philippine National Bank v. Sanao Marketing Corporation, G.R. No.
153951, July 29, 2005, 465 SCRA 287.
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26 Republic Act No. 9207 (2003), Sec. 2, provides: Declaration of Policy.
—It is hereby declared the policy of the State to secure the land tenure of
the urban poor. Toward this end, lands located in the NGC, Quezon City
shall be utilized for housing, socioeconomic, civic, educational, religious
and other purposes.
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27 Commissioner of Internal Revenue v. Court of Appeals, 329 Phil. 987,
1006-1007; 261 SCRA 236 (1996), citing Misamis Oriental Association of
Coco Traders, Inc. v. Department of Finance Secretary, 238 SCRA 63.
28 Sigre v. Court of Appeals, 435 Phil. 711, 719; 387 SCRA 15, 23
(2002).
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29 Philippine Communications Satellite Corporation v. Alcuaz, G.R. No.
84818, December 18, 1989, 180 SCRA 218, 225-226.