FACTS: Petitioner Agustina M. Enemecio (Enemecio”) is a utility worker at the Cebu State College of Science and Technology, College of Fisheries Technology (CSCST-CFT”), Carmen, Cebu. Whether or not Section 17 of Republic Act 4119 is unconstitutional on the ground that power to enforce a final award made under the Workmen’s Compensation Act was vested in any court of record in the jurisdiction of which the accident occurred” (Section 51, Act 3428).
In reviewing the IPRs exemptions, the Administrative Court considered that the Tribunal could consider whether the use of the data to be disclosed (i.e. for epidemiological research) was in the public interest, even if that meant a breach of the operators’ rights.
It cannot be justified as a valid exercise of its function of promulgating rules and regulations for that function, to repeat, may legitimately be exercised only for the purpose of carrying the provisions of the law into effect; and since there is no prohibition or restriction on the employment of 57-year old persons in the statute—or any provision respecting age as a factor in employment—there was nothing to carry into effect through an implementing rule on the matter.
But on an overall assessment of the fairness of the procedures introduced—the requirement that the licence holder initiate proceedings and carry the burden of proof, the serious consequences for a licence holder of losing a licence, and the limitation on the right to appeal to the High Court on a point of law—’Donnell J held that the High Court decision that the 2014 Regulations are invalid must be upheld on the narrow grounds of breaching fair procedure 44-52.
In administrative due process, the essence of due process is to be heard, and, as applied to administrative proceedings this means a fair and reasonable opportunity to explain one’s side, …
FACTS: Petitioner Agustina M. Enemecio (Enemecio”) is a utility worker at the Cebu State College of Science and Technology, College of Fisheries Technology (CSCST-CFT”), Carmen, Cebu. Motions to dismiss were respectively filed by petitioner Ceniza and Carale, arguing that it is the Civil Service Commission which has exclusive jurisdiction over any question concerning personnel movement. The petitioner sued for recovery and the Regional Trial Court after considering the merits of the case, sustained the confiscation of the carabaos.
But as well pointed out by petitioner and the Solicitor General, Section 17 must be read together with Section 16 of the said Code which enumerates the offices under the respondent Commission. Obviously, the petitioners failed to appreciate that non-exhaustion of administrative remedies is not jurisdictional.
The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of the departments, agencies, commissions or boards. Administrative law; The Commission on Audit (COA) has primary jursidiction over money claims against the government.
A Board decision of November 1973 authorised the Chief Executive to delegate the authority to sign s 53(3) notices to nominated officers. Eventually, petitioner’s claim was returned by Undersecretary of Justice Montenegro to Director Lim with the advice that petitioner elevate the matter to the Supreme Court if he so desires”.
Governments and its civil servants will experience likewise demands from its citizens on service-levels and accessibility. 9 of the Magna Carta for Public School Teachers against the respondents before the Office of the Ombudsman instead of a judicial relief for resolution of the jurisdictional issue and declaration of nullity of the administrative proceeding.…
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 it is in the course of administration and enforcement, is quasi-judicial.
The COMELEC, however, through its Resolution No. 9922, decided to pursue a direct contracting arrangement with Smartmatic-TIM, which has now resulted in the execution of the Extended Warranty Contract (Program 1). Petitioners assail the validity of the foregoing courses of action mainly for violating the GPRA.…