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, (2) where judicial intervention is urgent, (3) when its application may cause nice and irreparable harm, (4) the place the controverted acts violate due process, (5) failure of a high authorities official from whom relief is sought to act on the matter, and (6) when the issue of non-exhaustion of administrative cures has been rendered moot.
Certainly, it is settled jurisprudence that a problem that was neither raised within the grievance nor within the court below can’t be raised for the first time on attraction, as to do so would be offensive to the basic rules of honest play, justice, and due course of.
That is in keeping with the rule in statutory construction that an administrative rule or regulation, in an effort to be valid, should not contradict however conform to the provisions of the enabling legislation. It was held that Article 8 of the Constitution should be learn topic to Article a hundred forty five(3), which meant that the AG had absolute discretion in selecting which cost to pursue against the appellant.
