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Admin. Law Penal Provi To Effectivity of Admin Rules and Regulations
Admin. Law Penal Provi To Effectivity of Admin Rules and Regulations
People v. Santos
The conditional clause in question supplies a defect of the law, extending it. This is equivalent to legislating on the matter, a power which has not been and cannot be delegated to him, it being exclusively reserved to the then Philippine Legislature by the Jones Law, and now to the National Assembly by the Constitution of the Philippines. Such act constitutes not only an excess of the regulatory power conferred upon the Secretary of Agriculture and Commerce, but also an exercise of a legislative power which he does not have, and therefore said conditional clause is null and void and without effect.
If as a matter of fact Circular No. 20 had not been published as required by law before its violation, then in the eyes of the law there was no such circular to be violated and consequently appellant committed no violation of the circular or committed any offense.
People v. Maceren
The lawmaking body cannot delegate to an executive official the power to declare what acts should constitute an offense. It can authorize the issuance of regulations and the imposition of the penalty provided for in the law itself.
Peralta v. CSC
INTERPRETATIVE RULE: When an administrative or executive agency renders an opinion or issues a statement of policy, it merely interprets a pre-existing law; and the administrative interpretation of the law is at best advisory, for it is the courts that finally determine what the law means. It has also been held that interpretative regulations need not be published.
ADMINISTRATIVE CONSTRUCTION; EFFECT: Administrative construction is not necessarily binding upon the courts. Action of an administrative agency may be disturbed or set aside by the judicial department if there is an error of law, or abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment.
Javellana v. DILG
As a matter of policy, this Court accords great respect to the decisions and/or actions of administrative authorities not only because of the doctrine of separation of powers but also for their presumed knowledgeability and expertise in the enforcement of laws and regulations entrusted to their jurisdiction. There was no grave abuse of authority on the part of the DILG
CIR v. CA
An administrative rule is merely interpretative in nature, its applicability needs nothing further than its bare issuance for it gives no real consequence more than what the law itself has already prescribed. When, upon the other hand, the administrative rule goes beyond merely providing for the means that can facilitate or render least cumbersome the implementation of the law but substantially adds to or increases the burden of those governed, it behooves the agency to accord at least to those directly affected a chance to be heard, and thereafter to be duly informed, before that new issuance is given the force and effect of law.
b. The administrative regulation, which is intended only to supplement the law, cannot prevail against the law itself as the court has interpreted it.
c. Rules and regulations must be reasonable and fairly adopted to secure the end view.
Administrative Rule or Regulation OA new law with the force and effect of law is made OA rule is binding upon the courts so long as the procedure fixed for its promulgation is followed and its scope is within the statutory authority granted by the legislature
Administrative Interpretation OMere interpretation of a pre-existing law OAt best, advisory, for it is the courts that finally determine what the law means