JLo CASES Flashcards
**What is the principle of “subordinate legislation”?
T r o t t o s o g p h, t a l e, b r b p t d I g p b t l a v a l a o d I a a e o, n o I t e o t l, b a I t p o c r a r c t p p i
The rigidity of the theory of separation of governmental powers has, to a large extent, been relaxed by permitting the delegation of greater powers by the legislative and vesting a larger amount of discretion in administrative and executive officials, not only in the execution of the laws, but also in the promulgation of certain rules and regulations calculated to promote public interest
To whom is the principle of non-delegation of powers applicable?
T p o n- o p I
a t a t t m p o t
G b I e I I t c o
t l p b o t m I
w I d i p.
The principle of non-delegation of powers is applicable to all the three major powers of the Government but is especially important in the case of the legislative power because of the many instances when its delegation is permitted.
Why is delegation of legislative power has become the rule and its non-delegation the exception?
The reason is the increasing complexity of the task of government and the growing inability of the legislature to cope directly with the myriad problems demanding its attention.
In the delegation of legislative powers, what is the completeness test?
The law is complete when it sets the policy to be executed leaving nothing to the delegate except to implement it.
In the delegation of legislative powers, what is the sufficient standard test
There must be adequate guidelines or limitations in the law to map out the boundaries of the delegate’s authority and prevent the delegation from running amiss.
In the case of Sobrejuanite-Flores vs. Pilando, when is the administrative regulation valid.
Florentina averred that the requirement under Section 16(c) of the IRR of RA No. 10029 requiring “at least 100 hours of updating workshops and training programs” is unconstitutional because the law itself did not provide for such onerous and discriminatory provisions.
Administrative regulations enacted by administrative agencies to implement and interpret the law which they are entrusted to enforce have the force of law and are entitled to respect. The said rules and regulations, such as the IRR of RA 10029, partake of the nature of a statute and are just as binding as if they have been written in the statute itself. They have the force and effect of law and enjoy the presumption of constitutionality and legality until they are set aside with finality in an appropriate case by a competent court
In the determination of just compensation, who is vested as the Special Agrarian Court (SAC)?
W s I t r t t d o j
c I a j f, v w t
R a S, n w t a a. I t
e o s f, t R m w w
t p s b t g l a r.
Well-settled is the rule that the determination of just compensation is a judicial function, vested with the RTC as SAC, not with administrative agencies. In the exercise of such function, the RTC must work within the parameters set by the governing law and rules.
Is an award of legal interest allowed in determining just compensation?
When there is delay in payment, the Court has allowed the imposition of the governing legal interest rate upon the just compensation as finally determined by the court from the date of the taking until fully paid because the compensation due to the landowner is deemed to be an effective forbearance on the part of the State.
When can the Office of the Solicitor General excused from representing the government?
when there is an express authorization by the OSG, naming therein the legal officers who are being deputized in cases involving their respective offices, subject to its supervision and control, or when the OSG takes a position different from that of the agency it is duty bound to represent (HRET vs. Panga-Vega)
When does the Constitutional right against double jeopardy attaches?
When the following elements concur: (1) the accused is charged under a complaint or information sufficient in form and substance to sustain their conviction; (2) the court has jurisdiction; (3) the accused has been arraigned and has pleaded; and (4) the accused is convicted or acquitted, or the case is dismissed without his/her consent.
When is the rule on double jeopardy will not apply?
When there has been a grave abuse of discretion under exceptional circumstances that rendered the trial court without jurisdiction
Can private complainants cannot bring an action to review a judgment of acquittal without offending the constitutional guarantee against double jeopardy?
In the case of Mamerto Austria vs. AAA and BBB, the RTC committed grave abuse of discretion rendering the Joint Orders of acquittal void. On this point, a void judgment of acquittal cannot be the source of legal rights and has no binding effect. In contemplation of law, it is non-existent as if no judgment had been rendered at all. Thus, the accused right against double jeopardy is not violated.
When can a Petition be dismissed be dismissed for having become moot and academic?
Courts generally decline jurisdiction over such case or dismiss it on the ground of mootness. This is because the judgment will not serve any useful purpose or have any practical legal effect because, in the nature of things, it cannot be enforced.
Example of moot and academic case
The issue on SCB’s representation in the ManCom was obviously mooted by the dissolution of the ManCom, the removal of SCB as creditor in the Rehabilitation Plan, and the eventual termination of the rehabilitation proceedings. Likewise, the issue on the surrender of the collaterals was mooted by the CA Decision dated May 26, 2014 and Resolution dated January 27, 2015 in CA-G.R. SP Nos. 131652 and 132088, which recognized the sale or transfer of the pledged collaterals to LCPI pursuant to the Stipulation, Agreement and Order, as there is no more collateral in SCB’s possession to surrender. (MRM Assets Holding 2 vs Standard Chartered Bank
Are lands reclaimed from foreshore and submerged areas alienable?
No. Lands reclaimed from foreshore and submerged areas also form part of the public domain and are also inalienable.
When does lands reclaimed from foreshore and submerged areas becomes alienable?
When converted pursuant to law into alienable or disposable lands of the public domain.
When can submerged areas or land become alienable?
Submerged areas of Manila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. The government can make such classification and declaration only after PEA has reclaimed these submerged areas. Only then can these lands qualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. (Central Bay Reclamation vs. COA)
Sample case of violation of Section 3, Article XII of the 1987 Constitution?
Since the Amended JVA seeks to transfer to AMARI, a private corporation, ownership of 77.34 hectares of the Freedom Islands, such transfer is void for being contrary to Section 3, Article XII of the 1987 Constitution which prohibits private corporations from acquiring any kind of alienable land of the public domain. (Central Bay Reclamation vs. COA)
Sample case of violation of Section 2, Article XII of the 1987 Constitution?
Since the Amended JVA also seeks to transfer to AMARI ownership of 290.156 hectares of still submerged areas of Manila Bay, such transfer is void for being contrary to Section 2, Article XII of the 1987 Constitution which prohibits the alienation of natural resources other than agricultural lands of the public domain.
Clearly the Amended JVA violates glaringly Sections 2 and 3, Article XII of the 1987 Constitution. Under Article 1409 of the Civil Code, contracts whose “object or purpose is contrary to law,” or whose “object is outside the commerce of men,” are “inexistent and void from the beginning.
(Central Bay Reclamation vs. COA)
When can COA correctly reject a Compromise Agreement ?
COA can correctly reject a Compromise Agreement absent congressional approval. In case the claim or liability exceeds one hundred thousand pesos, the application for relief therefrom shall be submitted, through the Commission and the President, with their recommendations, to the Congress.
How is the right to a speedy disposition of a case, like the right to a speedy trial, is deemed violated?
- When the proceeding is attended by vexatious,
capricious, and oppressive delays; or - When unjustified postponements of the
trial are asked for and secured, or - When without cause or justifiable motive,
a long period of time is allowed to elapse without the party having his case
tried. (Remulla v.
Sandiganbaya
What is the “balancing test” determine whether a defendant’s right to a speedy trial and a speedy
disposition of cases has been violated?
(1) length of delay;
(2) reason for the delay;
(3) defendant’s assertion or non-assertion of his right; and
(4) prejudice to defendant resulting from delay.
None of these elements, however, is either a necessary or sufficient
condition; they are related and must be considered together with other
relevant circumstances.
How to determine if the delay was inordinate?
The determination of whether the delay was inordinate is NOT through mere mathematical reckoning but through the examination of the facts and circumstances surrounding the case.
How is the authority of the PDIC to condone?
The authority of PDIC to
condone applies only to ordinary receivables, penalties and surcharges
and must be submitted to the [COA] before it is implemented.
When does the power to compromise or release any claim or liability of government-owned
or controlled corporations (GOCC) and other agencies as expressly authorized by their charters exercised?
When the interest of the corporation
or agency so requires.
Thus, it is not enough that there is an express statutory authority for the exercise of the power to compromise; such act must be justified by the interest of the corporation or agency.
Can the government refused payment/money claim due to irregularities of the contract?
Payment of services done on account of the government cannot be avoided despite irregularity or nullity of the contract.
The High COurt have consistently sustained the grant of compensation to contractors, who have entirely or substantially
accomplished their obligation under the contract on the basis of quantum meruit, regardless of any invalidity or irregularity in its procurement. (PDIC vs COA GR 252411)
Quantum Meruit - When payment is based on quantum meruit, the amount of recovery
should be the reasonable value of the thing or services rendered regardless of any agreement as to value
What are the indispensable conditions that must be satisfied before a government agency or instrumentality hires a private lawyer?
(1) the hiring
must be justified by an exceptional circumstance; (2) the written conformity
and acquiescence of the OSG must be secured; and (3) the written concurrence
of the COA must also be obtained.
Exemption:
Exempting national government agencies and instrumentalities from the requirement of the COA’s prior written concurrence subject to specific conditions, the existence of which is to be determined by the COA.
Does the prohibition under
COA Circular No. 86-255, as amended, does not only cover the engagement of private lawyers on retainer fees for actual case litigations?
The prohibition covers
the hiring of private lawyers to render any form of legal service. It
makes no distinction as to whether or not the legal services to be
performed involve an actual legal controversy or court litigation. (Polloso v. Gangan)
What is the importance of the statutory procurement requirements ?
Public biddings, together with the other procurement requirements, are systematic and definitive methods governed by the principles of transparency, competitiveness, simplicity, and accountability, . To this end, administrative rules and regulations are enacted for strict and faithful compliance to protect the government coffers from unscrupulous transactions.
Payments made by virtue of contracts, awarded without complying with the express procedures of the law and the rules, are considered illegal expenditures which warrant disallowance
What is the purpose of statutory procurement requirements ?
Purposely adopted to protect public interest by giving the pubic the best possible advantages through open competition, and to avoid or preclude suspicion of favoritism and anomalies in the execution of public contracts
When are administrative rule or regulation considered valid?
An administrative rule or regulation, like DOH AO No. 2006-0011, may be considered valid only if it conforms, and not contradicts, the provisions of the enabling law. Necessarily, if a discrepancy occurs between the basic law and an implementing rule or regulation, it is the former that prevails, because the law cannot be limited nor broadened by mere administrative issuance. (San Larazo Hospital vs. COA)
Is using the rounding-off method in computing the separation pay of displaced or separated GOCC employees valid?
Court held that the rounding-off scheme indeed effectively increased the separation benefits of the separated employees.
Absent the President’s approval, it cannot be sustained. As the COA correctly held, the power of the [TransCo] Board to grant additional benefits under Sec. 13 of [RA] No. 9511 is subject to the limitation under Sec. 64 of [RA] No. 9136 requiring the President’s imprimatur for increases in emoluments and benefits of [TransCo] personnel.
The additional separation pay in this case, which resulted from the rounding-off of the length of service, remains to be illegal and unjustified because TransCo still failed to adduce proof of the required presidential approval.
(Transco vs COA)
What is the general rule of good faith in our jurisdiction?
Officers who participated in the approval of disallowed allowances or benefits are presumed to have acted in good faith in the performance of their duties.
What is the rule on liability to refund the
disallowed amounts?
Section 43 of the Administrative Code of 1987, which states that “every official or employee authorizing or making such payment, or taking part therein, and every person receiving such payment shall be jointly and severally liable to the Government for the full amount so paid or received.
Such civil liability of the officers is grounded upon the showing of bad faith, malice, or gross negligence in the performance of their official duties.
What amounts to gross negligence by public officers?
The palpable disregard of laws, prevailing jurisprudence, and other applicable directives amounts to gross negligence, which betrays the presumption of good faith and regularity in the performance of official functions enjoyed by public officers.
When is judicial review exercised ?
Judicial review may be exercised only when the person challenging the act has the requisite legal standing, which refers to a personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement.
The party’s interest must also be material as distinguished from mere interest in the question involved, or a mere incidental interest.
How can a Plaintiff asserts a “public right” in assailing an allegedly illegal official action
He does so as a representative of the general public. Hence, he has to make out a sufficient interest in the vindication of the public order and the securing of relief
How is “Standing” alleged?
Whether such parties have “alleged such a personal stake in the outcome of the controversy.
When can the grant of an established practice rendered invalid?
The Court has previously held that practice, no matter how long continued, cannot give rise to any vested right if it is contrary to law. The erroneous application and enforcement of the law by public officers does not estop the Government from malting a subsequent correction of such errors.
Where the law expressly limits the grant of certain benefits to a specified class of persons, such limitation must be enforced even if it prejudices certain parties due to a previous mistake committed by public officials in granting such benefit.
(Kapisanan ng mga Manggagawa sa Government Service Insurance System (KMG) v. Commission on Audit)
How can one’s participation in the disallowed transaction is a determinant of the extent of liability?
While the officers’ good faith is determinative of their liability, such state of mind is immaterial to the recipients’ obligation because mere receipt of disallowed funds results in unduly benefitting from the government, giving rise to the obligation to refund.
(Madera v. Commission on Audit)
Can COA be gravely erred in excusing the passive recipients’ liability to return the rice allowance that they individually received solely on the basis of good faith?
Mere receipt of public funds without valid basis or justification, regardless of good faith or bad faith, is already undue benefit that gives rise to the obligation to return what was unduly received in accordance with the principles of solutio indebiti and unjust enrichment.
Mere receipt of public funds without valid basis or justification, regardless of good faith or bad faith, is already undue benefit that gives rise to the obligation to return what was unduly received in accordance with the principles of solutio indebiti and unjust enrichment. (HAGONOY WATER DISTRICT, CELESTINO S. VENGCO, AND REMEDIOS M. OSORIO, PETITIONERS, VS. COA)
When is the period to appeal or file a petition for review to the COA Proper?
The appeal shall be taken within the time remaining of the six (6) months period under Section 4, Rule V, taking into account the suspension of the ruling period under Section 5 of the same Rule in case of appeals from the Director’s decision.
SEC. 4. When Appeal Taken. - An Appeal must be filed within six (6) months after receipt of the decision appealed from.
SEC. 5. Interruption of Time to Appeal. - The receipt by the Director of the Appeal Memorandum shall stop the running of the period to appeal which shall resume to run upon receipt by the appellant of the Director’s decision.
Rule VII of the COA Revised Rules of Procedure
Arcena vs. COA
Why are Procedural rules essential?
Procedural rules are essential in the administration of justice.
They do not exist for the convenience of the litigants, but are established primarily to provide order to, and enhance the efficiency of our judicial system.
What is the doctrine of immutability of judgement?
The Court can no longer exercised its jurisdiction over a judgment which already attained finality can no longer be modified, much less reversed.
What is the prescribed procedure to appeal the COA decision?
The 2009 Revised Rules of Procedure of the COA prescribed the procedure to appeal the COA decision, to wit:
RULE IV
PROCEEDINGS BEFORE THE AUDITOR
x x x x
Section 8. Finality of the Auditor’s Decision. — Unless an appeal to the Director is taken, the decision of the Auditor shall become final upon the expiration of six (6) months from the date of receipt thereof.
x x x x
RULE V
PROCEEDINGS BEFORE THE DIRECTOR
x x x x
Section 4. When Appeal Taken. — An Appeal must be filed within six (6) months after receipt of the decision appealed from.
Section 5. Interruption of Time to Appeal. — The receipt by the Director of the Appeal Memorandum shall stop the running of the period to appeal which shall resume to run upon receipt by the appellant of the Director’s decision.
