It is a violation of the principle of separation of powers to give the President the power to suspend the operation of law upon the happening of a contingency the existence of which is left to his determination.

To justify the validity of the grant of emergency powers to the President, any such grant must be for a limited period, and despite the requirement that the law must be complete in itself, the period need not be expressly provided in the statute, but may be inferred from its provisions and the events surrounding its enactment.

On the basis of its constitutional power to enact laws, Congress has the authority to decide the terms, conditions and limitations of the grant of privileges and benefits to court officials and employees.

A government owned and controlled corporation with original charter is within the scope and meaning of the term “Government of the Philippines” if it is performing governmental or political function.

The ‘Bangko Sentral ng Pilipinas’ is not part of the term National Government but is within the term Government of the Republic of the Philippines.

All non-incorporated agencies, as well as the National Government, are embraced within the term Government of the Republic of the Philippines.

An administrative issuance which partakes of an interpretative regulation as well as of a subordinate legislative power has to be published to be valid as required under the Revised Administrative Code.

The Manila International Airport Authority is not only an instrumentality of the National Government but also a government owned and controlled corporation since it is also vested with corporate powers to enable it to perform efficiently its governmental functions.

The term agency of the government under the 1987 Administrative Code refers to any of the various units of the Government, including a department, bureau, office or instrumentality, but excluding government-owned or controlled corporations.

The prohibition in the Local Government Code preventing a Sanggunian member from appearing as counsel where the adverse party is an instrumentality of government is not applicable to a case involving a government corporation like the National Power Corporation.

When the law vests in a government instrumentality corporate powers, the instrumentality becomes a corporation exercising not only governmental powers (eminent domain, police authority and the levying of charges) but also corporate powers (powers of a corporation under the Corporation Code).

Being an instrumentality of the government does not exempt PAGCOR from local taxes in view of the constitutional grant of fiscal autonomy to local governments vesting therein the power to create their own sources of revenues taxes and other charges.

All non-incorporated agencies, as well as the National Government, are embraced within the term Government of the Republic of the Philippines.

An essential requirement for the application of the doctrine of primary jurisdiction is the actual existence of an adjudicative function and not merely the conferment to the administrative agency of a regulatory function.

The similarity between the doctrine of primary jurisdiction and the doctrine of exhaustion of administrative remedies is that both deal with the proper relationships between the courts and administrative bodies. Nonetheless, the doctrine of exhaustion of administrative remedies applies where the case is within the concurrent jurisdiction of the court and administrative agency while the doctrine of primary jurisdiction applies where the claim is originally cognizable in the first instance by the administrative agency.

Every controversy involving a subdivision or condominium unit falls under the competence of the Housing and Land Use Regulatory Board (HLURB). Thus, the allegation of relationship between the parties, i.e. that of being subdivision developer and subdivision lot buyer, automatically vests jurisdiction in the HLURB.

The Civil Service Commission (CSC) and the Department of Education through the Investigating Committee have concurrent original jurisdiction over an administrative case against a public school teacher.

The court has the prerogative in the first instance to issue a writ for the recovery and return of forest products taken in custodia legis by the DENR under the provisions of the Revised Forestry Code.

The Bureau of Immigration and not the court has the exclusive authority and jurisdiction to try and hear cases against an alleged overstaying alien and in the process determine also their citizenship, and the determination by the BI of those issues must be respected by the court.

The Bureau of Immigration and not the court has the exclusive authority and jurisdiction to try and hear cases against an alleged overstaying alien and in the process determine also their citizenship.

The Bureau of Immigration has the exclusive authority and jurisdiction to try and hear cases against an alleged overstaying alien and in the process, determine also their citizenship.

The question of a person's Filipino citizenship is and should be addressed in the first instance to the Commissioner of Immigration and his authority to hear the evidence and pass upon said question to enable him to decide whether or not such person should be deported cannot be pre-empted by the courts in a suit for prohibition.

The question of a person's Filipino citizenship is and should be addressed in the first instance to the Commissioner of Immigration and his authority to hear the evidence and pass upon said question to enable him to decide whether or not such person should is pre-empted by the courts in a suit for prohibition.

The question of a person’s Filipino citizenship is and should be addressed in the first instance to the Commissioner of Immigration, and his authority to hear the evidence and pass upon said question to enable him to decide whether or not such person should be deported cannot be pre-empted by the courts in as suit for prohibition.

Consistent with the wide latitude for the exercise of administrative powers, the Commission on the Settlement of Land Problems (COSLAP) has jurisdiction over a complaint involving the application of Civil Code provisions on property and right of way, more so where the parties willingly and actively participated in the proceedings.

Under RA 7722, the Commission on Higher Education (CHED) has the mandate of supervising the establishment and operation of all public and private institutions of higher education and degree-granting programs in all public and private post-secondary educational institutions as well as review centers and similar entities in the Philippines.

The Magna Carta Act for Public School Teachers (RA 4670) prescribes a specific and exclusive procedure to be followed by the Department of Education in administrative investigation involving public school teachers.

A final judgment in a previous administrative proceeding finding a violation must first be obtained before a recourse can be made to a criminal prosecution under the provisions of PD 957 as amended by PD 1344 on breach of statutory and contractual obligations of condominium and lot sellers.

The court has jurisdiction to declare void a mortgage of a lot done in violation of the provisions of PD 957 as amended by PD 1344 and to annul a foreclosure sale.

The Securities and Exchange Commission (SEC) – and not the Regional Trial Court – had the original and exclusive jurisdiction to hear and decide an intra-corporate controversy between the homeowners and the homeowners’ association under PD 902-A.

The Securities and Exchange Commission and not the RTC has the original and exclusive jurisdiction to hear and decide an intra-corporate controversy between the homeowners and the homeowner's association.

A criminal charge for violation of the Securities Regulation Code should be directly filed with the Department of Justice, and not with the Securities and Exchange Commission, for the conduct of preliminary investigation.

There is no need in every case for public hearings to be conducted by the Toll Regulatory Board (TRB) to fix initial toll rates for the operation and maintenance of tollways but such hearings are required for fixing periodic or subsequent toll rates by the franchise operator.

The remedy of an interested Expressway user who complains that the provisional toll rates are exorbitant, oppressive and onerous is to file a petition for review of the adjusted toll rates with the court.

The Regional Trial Court, upon a finding of the commission of abuse, has the jurisdiction to issue an injunction to enjoin the execution of a decision of the National Labor Relations Commission.

The exclusive jurisdiction in seizure and forfeiture cases involving imported goods vested in the Collector of Customs precludes a regional trial court from assuming cognizance over such a matter.

The application of the doctrine of primary jurisdiction does not call for the dismissal of the case originally cognizable in the court but only the suspension of the judicial proceeding until after the matters within the competence of the board are threshed out and determined.

The power to order the reimbursement of repair expenses incurred by buyers to rectify defects in house construction and the payment of damages by the contractor is a judicial function.

It is a settled principle of administrative law that in determining whether a board has a quasi-judicial power, the authority given should be strictly construed in order to avoid abuses by the board and consistent with the rule against unwarranted delegation of legislative power.

A quasi-judicial proceeding consists of gathering and evaluating evidence and determining the facts based upon the evidence presented.

In the absence of a formal complaint, the Philippine Overseas Employment Administration (POEA) cannot on its own initiative conduct the necessary proceeding for the cancellation or suspension of the license of any private placement agency on any of the grounds mentioned therein.

In the pursuit of academic freedom and as a measure to protect its integrity, the Board of Regents of a state university is empowered to withdraw unilaterally an award it has granted without violating the student’s rights if the award is grounded on misrepresentation.

Even if no personal or property rights are involved, but only a “privilege,” notice or hearing is still essential to due process though the power exercised is recognized as quasi-judicial or adjudicatory.

The doctrine of res judicata applies only to judicial or quasi-judicial proceedings, not to the exercise of administrative powers.

There is no violation of the rule requiring all the complainants to sign the certificate of non-forum shopping where one complainant signs for all of them who are asserting the same rights and seeking similar relief arising from the same facts.

Notice and hearing is not necessary when substantive rules are being prepared and when the class to be affected is large and the questions to be resolved involved the use of discretion committed to the rule making body.

Laws conferring powers on administrative authorities are strictly construed as a safeguard against undue delegation of legislative power.

Under RA 7722, the Commission on Higher Education (CHED) has the mandate of supervising the establishment and operation of all public and private institutions of higher education and degree-granting programs in all public and private post-secondary educational institutions as well as review centers and similar entities in the Philippines.

The Commissioner of the BIR may, on the basis of legislative fiat, be empowered to update the classification of cigarettes without violating the principle of non-delegation of legislative power.

There is no violation of the Teves Retirement Law proscribing the creation of any insurance or retirement plan if the GSIS Board, in the course of reorganization in the GSIS, establishes an early retirement financial scheme for its employees who are not eligible for optional or compulsory retirement under the GSIS Act.

The constitutional grant of fiscal autonomy to a constitutional office vests it with absolute flexibility to formulate and administer its compensation system and organizational structure, free from outside control and limitations.

As part of the Constitutional Fiscal Autonomy Group (CFAG), the Commission on Human Rights (CHR), just like the COA, COMELEC, CSC and Ombudsman, has the authority to effect organizational changes in key positions in the CHR.

A third party who claims to be the owner of a real property which was levied upon as a result of a decision in a labor case can challenge the acts of the labor authorities, including the validity of the levy, in a petition for recovery of possession and injunction before the court.

The only situation that a relaxation of the mandate for the automatic release of funds may be allowed is where total revenue collections are insufficient to cover the total appropriations for all entities vested with fiscal autonomy.

The power and discretion of the Department of Budget and Management (DBM) to administer the compensation and position classification system of the government include the authority to downdgrade positions, together with their salary grades, that may be created by a constitutional office enjoying fiscal autonomy.

Consistent with attaining the ends of justice and the promotion of public interest, a law granting exemption to indigents from legal fees can modify the rules promulgated by the Supreme Court for payment of such legal fees.

The power to investigate anomalies includes the power to take testimony or evidence of witnesses whose appearance maybe required by the process of subpoena. (IN RE: CONTEMPT PROCEEDINGS OF ARMANDO RAMOS V. ARMANDO RAMOS, 1962).

Administrative agencies may enforce subpoenas issued in the course of investigations, whether or not adjudication or fact finding is involved, and whether or not probable cause is shown and even before the issuance of a complaint.

The purpose of an administrative subpoena is not only to discover evidence but also to prove a pending administrative charge.

Where the administrative tribunal is given the power to punish for contempt, its exercise of the power is limited to making effective the power to elicit testimony and it cannot be exercised in furtherance of administrative functions.

The power to punish contempt is exercised for the dignity and protection of quasi-judicial officers as persons.

Where the administrative tribunal is given the power to punish for contempt, its exercise of the power is limited to making effective the power to elicit testimony and it cannot be exercised in furtherance of administrative functions.

The OMB-DOJ Memorandum of Agreement of 29 March 2012, which outlines the duties and responsibilities of the prosecutors of both offices in the conduct of their investigation involving cases of public officers, needs to be published since it is a substantial amendment to OMB-DOJ Joint Circular No. 95-001.

Under the Unified Rules of the Civil Service Commission, a complaint sufficient in form and substance gives the basis for the filing of a formal charge against the respondent public officer, without the need of a prior preliminary investigation.

Rules and regulations shall take effect on the sixteenth day following the completion of their publication in the Official Gazette or newspaper of general circulation and registration with the National Administrative Register of the UP Law Center, unless otherwise provided.

There is violation of due process where the documentary evidence in support of the complaint, consisting of Daily Time Records, were obtained by the government employer from the office files without the consent of the respondent.

An administrative issuance which partakes of an interpretative regulation as well as of a subordinate legislative power has to be published to be valid as required under the Revised Administrative Code.

The filing of the Implementing Rules promulgated by the administrative office with the U.P. Law Center is the operative act that gives the rules force and effect.

Penalties such as fines, surcharges, seizures and sale or destruction of property are regarded as civil and remedial, rather than punitive in nature and may therefore be imposed by administrative agencies.

The administrative agency has the power of inquisition which is not dependent upon a case or controversy in order to get evidence, but can investigate merely on suspicion that the law is being violated or even just because it wants assurance that it is not.

Notice is required in the preparation of substantive rules where the class to be affected is large and the questions to be resolved involve the use of discretion by the rule-making body.

Under the Unified Rules of the Civil Service Commission, a complaint sufficient in form and substance gives the basis for the filing of a formal charge against the respondent public officer, without the need of a prior preliminary investigation.

The Magna Carta Act for Public School Teachers (RA 4670) prescribes a specific and exclusive procedure to be followed by the Department of Education in administrative investigation involving public school teachers.

There is violation of due process where the documentary evidence in support of the complaint, consisting of Daily Time Records, were obtained by the government employer from the office files without the consent of the respondent.

Since the National Telecommunications Commission (NTC) is under the supervision and control of the Department of Transportation and Communication (DOTC), the latter can assume the power of the NTC in granting or denying a provisional authority to operate a telecommunication service system.

Although administrative officers have no inherent power to require the attendance of witnesses before them, put the witnesses under oath and require them to testify, this power, and the power to require the production of documents, are basic to the power of investigation.

The unsubscribed complaint filed against the public officer before the disciplining authority is not the charge contemplated in the Civil Service Law and does not commence the administrative proceedings.

The ordinary requirements of procedural due process cannot be made subordinate to the necessities of protecting public interest through the exercise of police power.

There is no denial of procedural and substantive due process even if the law does not allow the aggrieved party to appeal from an adverse administrative decision.

The authority of the Director of Patents to administer the registration of trademarks, including his determination on the matter of similarity and dissimilarity of trade names, involves factual matters which may not be passed upon by the court.

While hearings may be held as a general rule, a hearing is not a necessary part of an investigation by an administrative agency or official. Hence, a requirement that there be an investigation carries with it no command that a quasi-judicial hearing be conducted.

Unlike custodial investigation in criminal proceedings, the administrative body is not duty-bound to provide the respondent with counsel, but like custodial investigation, the right to counsel in administrative proceedings is not absolute.

The right against self-incrimination is available only to natural persons but not to juridical persons because of the need for administrative agencies to ensure compliance with law and public policy and such right is wholly applicable to criminal and administrative proceedings.

Under the Local Government Code (RA 7160), the failure of the parties residing in the same municipality or city to refer their dispute to the Lupon ng Tagapamayapa for amicable settlement is a fatal defect which would justify the dismissal by the court of the complaint.

The desire for more effective and flexible preventive remedies has been a factor in the creation of many administrative agencies which represent a provocative fusion of different powers of government.

In the absence of a statutory provision requiring administrative step, the party aggrieved may go to court for relief without complying with the principle of exhaustion of administrative remedies.

The Regional Trial Court, upon a finding of the commission of abuse, has the jurisdiction to issue an injunction to enjoin the execution of a decision of the National Labor Relations Commission (NLRC).

The creation of the Philippine Truth Commission by President Aquino was justified by the President’s inherent obligation under the Constitution to execute faithfully the laws and not on the basis of his constitutional power of control.