Administrative Law (Case Assignments for liabilities of that agency revert back to, and are
Chapters I to V) re-assumed by, the Republic of the Philippines,
in the absence of special provisions of law IRON AND STEEL AUTHORITY v. CA, 1995 specifying some other disposition thereof such The National Steel Corporation (NSA) planned to as, e.g., devolution or transmission of such construct an integrated steel mill in Iligan City. powers, duties, functions, etc. to some other The President of the Philippines then issued identified successor agency or instrumentality Proclamation No. 2239 withdrawing from sale or of the Republic of the Philippines. Thus, settlement a large tract of public land in Iligan for further, the principal or the real party in the construction. But Maria Cristina Fertilizer interest is thus the Republic of the Philippines Corporation (MCFC) occupied portions of the land and not the National Steel Corporation, even reserved for NSAs construction. So negotiations though the latter may be an ultimate user of between NSA and MCFC took place, but eventually the properties involved should the failed. Thus, Iron and Steel Authority (ISA) began condemnation suit be eventually successful. the expropriation proceedings. While the trial was on-going, ISAs statutory existence expired. MCFC then moved to dismiss the case since there was no real party in interest anymore. MECANO v. COA, 1992 Question Antonio Mecano was a Director of the National Despite ISAs death, may the Republic of the Bureau of Investigation (NBI). He was hospitalized Philippines substitute it? for cholecystitis. As a result, he incurred medical and hospitalization expenses. He asked that such Answer expenses be defrayed by the Government through Yes. ISA was vested with some of the powers COA. He based his entitlement on Section 699 of or attributes normally associated with juridical the Revised Administrative Code (Allowances in personality. There is, however, no provision in case of injury, death, or sickness incurred in P.D. No. 272 recognizing ISA as possessing performance of duty). COA denied Mecanos general or comprehensive juridical personality claim because the Administrative Code of 1987 separate and distinct from that of the repealed Sec. 699 by not restating or reenacting it. Government. ISA in fact appears to the Court Question to be a non-incorporated agency or instrumentality of the Republic of the Did the Administrative Code repeal sec. 699? Philippines, or more precisely of the Answer Government of the Republic of the Philippines. Thus, when the statutory term of a non- No, it did not repeal sec. 699. The incorporated agency expires, the powers, duties Administrative Code of 1987 only contained a and functions as well as the assets and general repealing provision in its Section 27 provision. It is certainly not an express Implied repeal by irreconcilable inconsistency repealing clause because it fails to identify or takes place when the two statutes cover the designate the act or acts that are intended to be same subject matter; they are so clearly repealed. Rather, it is an example of a general inconsistent and incompatible with each other repealing provision, as stated in Opinion No. that they cannot be reconciled or harmonized; 73, S. 1991. It is a clause which predicates the and both cannot be given effect, that is, that intended repeal under the condition that one law cannot be enforced without nullifying substantial conflict must be found in existing and the other. prior acts. The failure to add a specific repealing clause indicates that the intent was not to repeal Comparing the two Codes, it is apparent that any existing law, unless an irreconcilable the new Code does not cover nor attempt to inconcistency and repugnancy exist in the terms of cover the entire subject matter of the old Code. the new and old laws. This latter situation falls There are several matters treated in the old under the category of an implied repeal. Code which are not found in the new Code, such as the provisions on notaries public, the Repeal by implication proceeds on the premise leave law, the public bonding law, military that where a statute of later date clearly reveals reservations, claims for sickness benefits under an intention on the part of the legislature to Section 699, and still others. abrogate a prior act on the subject, that intention must be given effect. Hence, before COA failed to demonstrate that the provisions there can be a repeal, there must be a clear of the two Codes on the matter of the subject showing on the part of the lawmaker that the claim are in an irreconcilable conflict. In fact, intent in enacting the new law was to abrogate there can be no such conflict because the the old one. The intention to repeal must be provision on sickness benefits of the nature clear and manifest; otherwise, at least, as a being claimed by petitioner has not been general rule, the later act is to be construed as a restated in the Administrative Code of 1987. continuation of, and not a substitute for, the first act and will continue so far as the two acts Question are the same from the time of the first What weight does the Secretary of Justices enactment. opinion have? There are two categories of repeal by Answer implication. The first is where provisions in the two acts on the same subject matter are in an Opinions of the Secretary and Undersecretary irreconcilable conflict, the later act to the extent of Justice are material in the construction of of the conflict constitutes an implied repeal of statutes in pari materia. the earlier one. The second is if the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate to repeal the earlier law. BUKLOD v. ZAMORA, 2001 improvement in agency organization and operation shall be effected pursuant to Circulars or Orders President Estrada deactivated the Economic issued for the purpose by the Office of the Intelligence and Investigation Bureau (EIIB)a President. part of the structural organization of the Ministry of Financeand transferred its functions to the Question Bureau of Customs and the National Bureau of How must the reorganization be carried out? Investigation. He reasoned that EIIB was superfluous because other agencies were also Answer performing the formers functions. He then created Reorganization must be carried out in good the Presidential Anti-Smuggling Task Force faith if it is for the purpose of economy or to Aduana. Further, the president removed EIIB make bureaucracy more efficient. personnel from service pursuant to act of reorganization. Republic Act No. 6656 provides for the circumstances which may be considered as Question evidence of bad faith in the removal of civil Does the President have the authority to service employees made as a result of reorganize the executive department? reorganization, to wit: (a) where there is a significant increase in the number of positions Answer in the new staffing pattern of the department Yes. As decided in Larin, the President has the or agency concerned; (b) where an office is authority to effect organizational changes in abolished and another performing the department or agency under the executive substantially the same functions is structure. Section 78 of Republic Act No. 8760 created; (c) where incumbents are replaced by provides that the heads of departments, those less qualified in terms of status of bureaus, offices and agencies and other entities appointment, performance and in the Executive Branch are directed (a) to merit; (d) where there is a classification of conduct a comprehensive review of their offices in the department or agency concerned respective mandates, missions, objectives, and the reclassified offices perform functions, programs, projects, activities and substantially the same functions as the original systems and procedures; (b) identify activities offices, and (e) where the removal violates the which are no longer essential in the delivery of order of separation. public services and which may be scaled An examination of the pertinent Executive down, phased-out or abolished; and (c) adopt Orders shows that the deactivation of EIIB and measures that will result in the streamlined the creation of Task Force Aduana were done organization and improved overall in good faith. It was not for the purpose of performance of their respective agencies. removing the EIIB employees, but to achieve Section 78 ends up with the mandate that the ultimate purpose of E.O. No. 191, which is the actual streamlining and productivity economy. While Task Force Aduana was GSIS v. CSC, 1991 created to take the place of EIIB, its creation GSIS dismissed 6 of its employees for allegedly does not entail expense to the government for being connected with irregularities in the canvass of there is no employment of new personnel. supplies and materials. The employees appealed to the Merits Systems Board, which found the dismissal to be illegal because GSIS dismissed them without formal charges and without giving them an BAGAOISAN v. NATIONAL TOBACCO opportunity to be heard. GSIS appealed to the Civil ADMINISTRATION, 2003 Servies Commission. The Commission ruled that GSIS dismissed its employees illegally. When the President Estrada mandated the streamlining of the decision has become final, some of the petitioners National Tobacco Administration (NTA). As a heirs moved for the execution of the CSC result, NTA prepared and adopted a new Resolution. Organization Structure and Staffing Pattern (OSSP). This led to the letting go of petitioners Question from NTA. Can the Commission execute its judgments, Question final orders, or resolutions?
Was the Presidents action legally justified? Answer
Answer Yes. The Civil Service Commission, like the
Commission on Elections and the Commission Yes. As decided in Buklod v. Zamora, whose on Audit, is a consitutional commission justification has been quoted in this case at invested by the Constitution and relevant laws length, the President has the authority to effect not only with authority to administer the civil reorganization in the executive branch based service, but also with quasi-judicial powers. It on economic need or bureaucratic-efficiency has the authority to hear and decide considerations. administrative disciplinary cases instituted Question directly with it or brought to it on appeal. Thus, it would appear absurd to deny to the Was the organization carried out in good faith? Civil Service Commission the power or Answer authority to order the execution of its decisions, resolutions or orders which, it Yes. Firstly, the number of positions did not should be stressed, it has been exercising increase. Secondly, petitioners failed to show through the years. It would seem quite obvious which offices were abolished and the new ones that the authority to decide cases is inutile that were created to perform substantially the unless accompanied by the authority to see same functions. Thirdly, nor did they prove that what has been decided is carried out. that less qualified employees were appointed. Hence, the grant to a tribunal or agency of adjudicatory power, or the authority to hear submitted their respective evidence. Moreover, and adjudge cases, should normally and they were able to seek reconsideration of the logically be deemed to include the grant of decision of the CSCRO 1 and, subsequently, to elevate the case for review to the CSC and the CA. authority to enforce or execute the judgments it thus renders, unless the law otherwise provides.
COMMISSIONER OF INTERNAL REVENUE v.
CA, 1994
DONATO v. CSC, 2007
Donato, Jr. was a public school teacher. Allegedly,
he falsely represented himself as Arcean Assessment Clerk at the Office of the Municipal Treasurer of Pangasinanduring the latters Career Service Sub-Professional Examination. After investigation, the Civil Service Commission Regional Office No. 1 found Donato Jr. guilty of dishonesty and falsification of official document. It ordered his dismissal from service. Donata appealed to the Commission, but it affirmed the Regional Offices findings. Donato claimed that his right to due process was violated because he could not confront the person who had the Picture Seat Plan (PSP) (an evidence used in the case).
Question
Was Donatos right to due process violated?
Answer
No. In administrative proceedings, due process is
satisfied when the parties are afforded fair and reasonable opportunity to explain their side of the controversy or given opportunity to move for a reconsideration of the action or ruling complained of. Such minimum requirements have been satisfied in this case for, in fact, hearings were conducted by the CSCRO 1 and the petitioner and Arce actively participated therein and even