This case has been cited 3 times or more.
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2008-08-14 |
CORONA, J. |
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| Administrative regulations enacted by administrative agencies to implement and interpret the law which they are entrusted to enforce have the force of law and are entitled to respect.[49] Such rules and regulations partake of the nature of a statute[50] and are just as binding as if they have been written in the statute itself. As such, they have the force and effect of law and enjoy the presumption of constitutionality and legality until they are set aside with finality in an appropriate case by a competent court.[51] Congress, in the guise of assuming the role of an overseer, may not pass upon their legality by subjecting them to its stamp of approval without disturbing the calculated balance of powers established by the Constitution. In exercising discretion to approve or disapprove the IRR based on a determination of whether or not they conformed with the provisions of RA 9335, Congress arrogated judicial power unto itself, a power exclusively vested in this Court by the Constitution. | |||||
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2006-06-08 |
CARPIO, J. |
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| We now discuss the constitutionality of AO 1. Administrative issuances have the force and effect of law.[30] They benefit from the same presumption of validity and constitutionality enjoyed by statutes.[31] These two precepts place a heavy burden upon any party assailing governmental regulations. The burden of proving unconstitutionality rests on such party.[32] The burden becomes heavier when the police power is at issue. | |||||
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2003-06-10 |
CARPIO, J. |
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| Petitioners further claim that it is the Department of Budget and Management ("DBM"), not the COA, that has the power to administer the compensation and classification system of the government service and to revise it as necessary. Finally, citing Eslao v. COA,[4] petitioners contend that the COA "can do no less than to faithfully observe and carry into effect the mandate" of LWUA Board Resolution No. 313, until it is declared void in the proper forum. | |||||