This case has been cited 4 times or more.
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2009-04-02 |
CARPIO, J. |
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| The rule, however, is not absolute, as when exceptional and compelling circumstances justify the exercise of this Court of its primary jurisdiction. In this case, petitioner alleges that EO 566 expands the coverage of RA 7722 and in doing so, the Executive Department usurps the legislative powers of Congress. The issue in this case is not only the validity of the RIRR. Otherwise, the proper remedy of petitioner and petitioners-intervenors would have been an ordinary action for the nullification of the RIRR before the Regional Trial Court.[21] The alleged violation of the Constitution by the Executive Department when it issued EO 566 justifies the exercise by the Court of its primary jurisdiction over the case. The Court is not precluded from brushing aside technicalities and taking cognizance of an action due to its importance to the public and in keeping with its duty to determine whether the other branches of the Government have kept themselves within the limits of the Constitution.[22] | |||||
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2009-02-12 |
TINGA, J. |
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| It must be reasonable.[28] All the prescribed requisites are met as regards the questioned issuances. Philracom's authority is drawn from P.D. No. 420. The delegation made in the presidential decree is valid. Philracom did not exceed its authority. And the issuances are fair and reasonable. | |||||
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2007-02-06 |
AUSTRIA-MARTINEZ, J. |
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| It has been said that when the application of an administrative issuance modifies existing laws or exceeds the intended scope, as in this case, the issuance becomes void, not only for being ultra vires, but also for being unreasonable.[52] | |||||
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2006-04-19 |
CARPIO, J. |
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| Section 2 of EO 420 provides, "Coverage. - All government agencies and government-owned and controlled corporations issuing ID cards to their members or constituents shall be covered by this executive order." EO 420 applies only to government entities that issue ID cards as part of their functions under existing laws. These government entities have already been issuing ID cards even prior to EO 420. Examples of these government entities are the GSIS,[3] SSS,[4] Philhealth,[5] Mayor's Office,[6] LTO,[7] PRC,[8] and similar government entities. | |||||