Facts: Petitioner filed a complaint for libel against respondents. Petitioner’s counsel filed in behalf of petitioner the letter-requests to be furnished documents, answer to memorandum of charges, the letter-request for re-setting of the conference, and even the motion to reconsider the decision of the Board of Directors to dismiss him from the service.
The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.
Held: In testing whether a statute constitutes an undue delegation of legislative power or not, it is usual to inquire whether the statute was complete in all its terms and provisions when it left the hands of the Legislature so that nothing was left to the judgment of the administrative body or any other appointee or delegate of the Legislature.
Despite the exercise of discretion that is essentially judicial in character, particularly with respect to election contests, COMELEC is not a tribunal within the judicial branch of government and is not a court exercising judicial power in the constitutional sense;Â hence, its adjudicative function, exercised as …
Info: Petitioner filed a complaint for libel towards respondents. In Energy Regulatory Board v. CA, we echoed the essential rule that the courts is not going to interfere in issues which are addressed to the sound discretion of government businesses entrusted with the regulation of actions coming beneath the particular technical data and training of such businesses.
The COMELECs adjudicative perform is quasi-judicial since it’s a constitutional body, apart from a court, vested with authority to determine election contests, and in the middle of the exercise of its jurisdiction, to hold hearings and train discretion of a judicial nature; it receives proof, confirm the info from these submissions, decide the regulation and the legal rights of the events, and on the idea of all these decides on the merits of the case and renders judgment.
Will probably be noted that, although the Workers Compensation Fee can also be supplied for in the Labor Code, Circular No. 1-ninety one, which is the forerunner of the current Revised Administrative Circular No. 1-95, laid down the process for the appealability of its choices to the CA below the foregoing rationalization, and this was later adopted by Republic Act No. 7902 in amending Sec.…
Administrative law determines the group, powers and duties of administrative authorities. The law governing the election of members of the Batasan Pambansa on Could 14, 1984, Section 132 of which particularly offers that governors, mayors, members of the varied sangguniang or barangay officers shall, upon filing a certificates of candidacy, be thought-about on forced go away of absence from workplace.” Indubitably, respondent falls within the protection of this provision, contemplating that at the time he filed his certificates of candidacy for the 1984 Batasan Pambansa election he was a member of the Sangguniang Panlalawigan as offered in Sections 204 and 205 of Batas Pambansa Blg.
They didn’t take the oath of allegiance to the United States, unlike the petitioner who solemnly declared on oath, that I completely and completely resign and abjure all allegiance and constancy to any foreign prince, potentate, state or sovereignty of whom or which I’ve heretofore been a topic or citizen,” meaning in his case the Republic of the Philippines.
Further, they have been unsupported by allegations of fact or law which might prima facie carry his case within any of the accepted exceptions to the rule, namely: (1) the place the question is solely authorized, …