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CAWAD VS ABAD To be classed as standard, cigars must be manufactured under sanitary conditions from good, clean, selected
G.R. NO. 207145 tobacco, properly cured and seasoned, of a crop which has been harvested at least six months, exclusively
JULY 28, 2015 the product of the provinces of Cagayan, Isabela, or Nueva Vizcaya. The cigars must be well made, with
suitable spiral wrapper and with long filler, etc.
FACTS
The petitioner applied to the Collector of Internal Revenue for a certificate of origin covering a consignment
PPHAI – Philippine Public Health Association of 10,000 machine-made cigars to San Francisco, and as the petitioner himself stated on making such
application that the cigars sought to be exported have been manufactured from short-filler tobacco which
On March 26, 1992, Republic Act (RA) No. 7305, otherwise known as The Magna Carta of Public
was not the product of the provinces of Cagayan, Isabela, and Nueva Vizcaya. The Collector of Internal
Health Workers was signed into law in order to promote the social and economic well-being of health
Revenue did not deem it necessary to make an actual examination and inspection of said cigars in view of
workers, their living and working conditions and terms of employment, to develop their skills and
the fact that the cigars were not made with long-filler nor were they made from tobacco exclusively the
capabilities to be better equipped to deliver health projects and programs, and to encourage those with
product of any of the three mentioned provinces.
proper qualifications and excellent abilities to join and remain in government service. Accordingly, public
health workers (PHWs) were granted the following allowances and benefits, among others: ISSUE:
Section 20. Additional Compensation. - Notwithstanding Section 12 of Republic Act No. 6758, public Whether or not A.O No. 35 and Act No. 2613, as well as the refusal of the Collector of Internal Revenue to
health workers shall receive the following allowances: hazard allowance, subsistence allowance, longevity issue a certificate of origin, are constitutional.
pay, laundry allowance and remote assignment allowance.
HELD:
Pursuant to Section 355 of the Magna Carta, the Secretary of Health promulgated its Implementing Rules
and Regulations (IRR) in July 1992. Thereafter, in November 1999, the DOH, in collaboration with various Yes. Under the provisions of Act No. 2613, the Collector of Internal Revenue of the Philippine Islands
government agencies and health workers' organizations, promulgated a Revised IRR consolidating all promulgated Administrative Order No. 35, known as "Tobacco Inspections Regulations." Such rules and
additional and clarificatory rules issued by the former Secretaries of Health dating back from the effectivity regulations, having been promulgated by that officer, the court has a right to assume that he was acting
of the Magna Carta. under such rules and regulations when he refused to issue the certificate of origin. It appears from the record
that the cigars in question were not long-filler cigars, and that they were not manufactured from tobacco
ISSUE grown in one of the three provinces. By the express terms and provisions of such rules and regulations
promulgated by the Collector of Internal Revenue, it was his duty to refuse petitioner's request, and decline
Whether or not respondents’ issuance of DBM-DOH Joint Circular No.1, s.2012 is null and void for being
the certificate or origin, because the cigars tendered were not of the specified kind, and the court have a right
an undue exercise of legislative powers?
to assume that he performed his official duty as the understood it. After such refusal and upon such grounds,
RULING it would indeed, have been a vain and useless thing for the Collector of Internal Revenue to his examined or
inspected the cigars. Having refused to issue the certificate of origin for the reason above assigned, it is very
The Court finds the petition partly granted. The DBM-DOH Joint Circular, insofar as it lowers the hazard apparent that a request thereafter made examine or inspect the cigars would also have been refused.
pay at rates below the minimum prescribed by Section 21 of RA No. 7305 and Section 7.1.5 (a) of its
Revised IRR, is declared INVALID. The DBM-CSC Joint Circular, insofar as it provides that an official or
employee authorized to be granted Longevity Pay under an existing law is not eligible for the grant of Step
Increment Due to Length of Service, is declared UNENFORCEABLE. The validity, however, of the DBM-
DOH Joint Circular as to the qualification of actual exposure to danger for the PHW's entitlement to hazard
pay, the rates of P50 and P25 subsistence allowance, and the entitlement to longevity pay on the basis of the
PHW' s status in the plantilla of regular positions, is UPHELD
SYMAN VS. CIR ISSUES:
FACTS
W/N the Dir of Patent’s Office has the right to impose qualifications on lawyers for
Collector of customs ordered the seizure of shipments imported by SYMAN. After due hearing, the practicing before said office
collector rendered a decision that those previously seized be delivered to the importer upon payment of
customs duty except the sewing machines which are forfeited to the government. Sy man's counsel sent a RULING:
letter to the collector asking for the execution of decision and it has become final and no longer be reviewed
by the commissioner as they did not appeal the decision. However, the collector submitted the decision to No. a. The Philippine Patent Law is silent about the power of the Director to impose
the commissioner arguing that a memorandum order was issued in accordance to sec 1152 of the revised qualifications such as sufficient knowledge and expertise in the scientific and technical
admin code giving the commissioner the power to review such.
matters related to patent application that may take the form of an examination. Unlike
ISSUE the US Patent Law, our own law only requires that the rules and regulations
Whether or not the memorandum order is valid promulgated by the Dir of Patent are not inconsistent with law.
HELD b. If the Patent Dir will be allowed as the head of the Patent Office to require
No. The actions of the Commissioner can’t find support in the Memorandum Order itself as it was never examinations for the practice of lawyers before his office, then other bureaus chiefs
approved by the department head and was never published by in Official Gazette. Such approval and may also be allowed to conduct similar examinations.
publication are required for the memorandum order to have legal effect.
c. The functions of the Patent Director are judicial and quasi-judicial in nature so much
Moreover, a regulation promulgated by a Bureau Chief must not be inconsistent with law. If the law does
not give the Commissioner the power to review and revise unappealed decisions of the Collector of Customs so that his orders and decisions are subject to be taken before the Supreme Court.
in seizure cases, then the memorandum order even if duly approved and published would equally have no
effect for being inconsistent with law. - Lawyers authorized by SC to practice law and are in good standing may practice
their profession before the Patent’s Office.
POWER PHILIPPINE LAWYERS VS AGRAVA
G. R. NO. L-12426 TOLEDO VS CSC/COMELEC
FEBRUARY 16, 195 G.R. NO. 135864
NOVEMBER 24, 1999
FACTS:
FACTS
This is a petition filed by the Philippine Lawyers Association for prohibition and
injunction against Celedonio Agrava, in his capacity s Director of the Philippines Patent Petitioner Atty. Augusto Toledo was appointed by the COMELEC Chairman as Manager
Office. On May 23, 1957, respondent Director issued a circular announcing that he had of the Education and Information Department of the COMELEC when he was more than
scheduled for June 27, 1957 an examination for the purpose of determining who are 57 years old. This was his first time to join government service.
qualified to practice as patent attorneys before the said office. Petitioner contends that No prior request for exemption from the provisions of Section 22, Rule III of the Civil
one who has passed the bar examinations, and is in good standing, is duly qualified to Service Rules on Personnel Action and Policies (CSRPAP) was secured. Said provision
practice before the Philippines Patent Office and that the respondent Director's holding prohibits the appointment of persons 57 years old or above into the government
an examination for the purpose is in excess of his jurisdiction and is in violation of the service without prior approval by the CSC.
law. The respondent, in reply, maintains that the prosecution of patent cases "does not
involve entirely or purely the practice of law but include the application of scientific Atty. Toledo officially reported for work and assumed the functions of his office.
and technical knowledge and training as a matter of actual purpose so as to include COMELEC, upon discovery of the lack of authority required under the CSRPAP issued
engineers and other individuals who passed the examination can practice before the Resolution No. 2066, which declared Toledo’s appointment as void ab initio. Toledo
Patent Office. Furthermore, respondent contends that he has previously conducted appealed the foregoing Resolution to the CSC.
such examinations and that this is the first time that he is questioned formally.
CSC Resolution No. 89-468 disposed of the appeal by declaring the appointment of
Toledo as merely voidable and not void ab initio and declaring Toledo as a de facto
officer from the time he assumed office to the time of the issuance of COMELEC
Resolution No. 2066.
ISSUE
HELD
NO. The provision on 57-year old persons in the Revised Civil Service Rules
implementing RA 2260 cannot be accorded validity. It is entirely a creation of the Civil
Service Commission, having no basis in the law itself which it was meant to implement.
The statute itself (RA 2260) contained no provision prohibiting the appointment or
reinstatement in the government service of any person who was already 57 y/o. The
provision at issue is an unauthorized act on the part of CSC- a supererogation – since it
has no relation or connection with any provision of the law supposed to be carried in
effect.
The power vested on the CSC was to implement the law or put it into effect, not to add
to it; to carry the law into effect or execution, not to supply perceived omissions on it.
Apart from this, the CSRPAP cannot be considered effective as of the time of
the application to Toledo of a provision thereof, for the reason that said rules were
never published