admin. law penal provi to effectivity of admin rules and regulations

7/30/2019 Admin. Law Penal Provi to Effectivity of Admin Rules and regulations

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Synopsis


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Penal Rules and RegulationsAdministrative bodies have the authority

to issue administrative regulation which

are penal in nature where the law itself

makes the violation of the administrativeregulation punishable and provides for its

penalty.

- The making of an act a crime is purely

legislative, which cannot be delegated.


3/18

People v. SantosThe conditional clause in question supplies

a defect of the law, extending it. This is equivalent tolegislating on the matter, a power which has notbeen and cannot be delegated to him, it being

exclusively reserved to the then PhilippineLegislature by the Jones Law, and now to theNational Assembly by the Constitution of the

Philippines. Such act constitutes not only an excess of

the regulatory power conferred upon the Secretary ofAgriculture and Commerce, but also an exercise of a

legislative power which he does not have, and

therefore said conditional clause is null and voidand without effect.


4/18

People v. Que Po Lya

Sec. 11, Revised Administrative Code:

'statutes passed by Congress shall, in

the absence of special provision, take

effect at the beginning of the fifteenth day

after the completion of the publication of

the statute in the Official Gazette. (samegoes with Art. 2 of New Civil Code)


5/18

If as a matter of fact Circular No. 20

had not been published as required bylaw before its violation, then in theeyes of the law there was no such

circular to be violated andconsequently appellant committed no

violation of the circular or committed any

offense.


6/18

People v. Maceren

The lawmaking body cannotdelegate to an executive official thepower to declare what acts shouldconstitute an offense. It can authorizethe issuance of regulations and the

imposition of the penalty provided for in

the law itself.


7/18

Force and Effect of Administrative

Rules and RegulationsIn order to be valid, it must be:

1. Germane to the objects and purposesof the law

2. Conform to the standards that the lawprescribes

3. Reasonable and must be related solelyto carrying into effect the generalprovisions of the law.


8/18

Peralta v. CSC

INTERPRETATIVE RULE:

When an administrative or executiveagency renders an opinion or issues astatement of policy, it merely interprets apre-existing law; and the administrativeinterpretation of the law is at best advisory,

for it is the courts that finally determine whatthe law means. It has also been held thatinterpretative regulations need not bepublished.


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ADMINISTRATIVE CONSTRUCTION;

EFFECT:

Administrative construction is not

necessarily binding upon the courts.

Action of an administrative agency maybe disturbed or set aside by the judicial

department if there is an error of law, or

abuse of power or lack of jurisdiction orgrave abuse of discretion clearly

conflicting with either the letter or the

spirit of a legislative enactment.


10/18

Javellana v. DILG

As a matter of policy, this Court accordsgreat respect to the decisions and/oractions of administrative authoritiesnot only because of the doctrine of

separation of powers but also for

their presumedknowledgeability and expertise in the

enforcement of laws and regulationsentrusted to their jurisdiction. There was

no grave abuse of authority on the part of

the DILG


11/18

Requirements of Notice and

HearingAdministrative rules and regulations must

also be published if their purpose is to

enforce or implement existing law

pursuant to a valid delegation.


12/18

CIR v. CAAn 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 goesbeyond merely providing for the means that canfacilitate or render least cumbersome theimplementation of the law but substantially adds toor increases the burden of those governed, it

behooves the agency to accord at least to thosedirectly affected a chance to be heard, andthereafter to be duly informed, before that newissuance is given the force and effect of law.


13/18

Construction of Administrative

Rules and RegulationsAXIOMS:

a. If the implementing rules and

regulations are issued in excess of the

rule-making authority of the

administrative agency, they are without

binding effect upon the courts.


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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.


15/18

Victorias Milling v. SSC

ADMINISTRATIVE RULE ANDREGULATION

v.

ADMINISTRATIVE INTERPRETATION


16/18

Administrative Ruleor Regulation

OA new law with theforce and effect of law

is made

O

A rule is binding uponthe courts so long as

the procedure fixed for

its promulgation is

followed and its scopeis within the statutory

authority granted by the

legislature

Administrative

Interpretation

OMere interpretation

of a pre-existing law

OAt best, advisory, forit is the courts that

finally determine what

the law means


17/18

NFA v. MASADA SecurityThe general rule is that construction of a statute by

an administrative agency charged with the task of

interpreting or applying the same is entitled to great weight

and respect. The COURT, HOWEVER, IS NOT BOUND TO

APPLY SAID RULE WHERE SUCH EXECUTIVEINTERPRETATION, IS CLEARLY ERRONEOUS, ORWHEN THERE IS NO AMBIGUITY IN THE LAWINTERPRETED, OR WHEN THE LANGUAGE OF THEWORDS USED IS CLEAR AND PLAIN, AS IN THE CASEAT BAR. Besides, administrative interpretations are at bestadvisory for it is the Court that finally determines what thelaw means. Hence, the interpretation given by the labor

agencies in the instant case which went as far as

supplementing what is otherwise not stated in the lawcannot bind this Court.


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SMGC v. Office of the President

Administrative rule or regulation, inorder to be valid, must not contradictbut conform to the provisions of the

enabling law.For it is axiomatic that administrative rulesderive their validity from the statute that

they are intended to implement. Any rulewhich is not consistent with statute itself isnull and void.

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