This case has been cited 4 times or more.
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2016-01-20 |
JARDELEZA, J. |
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| In Romulo, Mabanta, Buenaventura, Sayoc & De Los Angeles (RMRSA) v. Home Development Mutual Fund (HDMF),[87] this Court was confronted with the issue of the validity of the amendments to the rules and regulations implementing PD No. 1752.[88] In that case, PD No. 1752 (as amended by RA No. 7742) exempted RMBSA from the Pag-Ibig Fund coverage for the period January 1 to December 31, 1995. In September 1995, however, the HDMF Board of Trustees issued a board resolution amending and modifying the rules and regulations implementing RA No. 7742. As amended, the rules now required that for a company to be entitled to a waiver or suspension of fund coverage, it must have a plan providing for both provident/retirement and housing benefits superior to those provided in the Pag-Ibig Fund. In ruling against the amendment and modification of the rules, this Court held that— | |||||
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2010-06-22 |
BERSAMIN, J. |
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| The COMELEC, despite its role as the implementing arm of the Government in the enforcement and administration of all laws and regulations relative to the conduct of an election,[40] has neither the authority nor the license to expand, extend, or add anything to the law it seeks to implement thereby. The IRRs the COMELEC issues for that purpose should always accord with the law to be implemented, and should not override, supplant, or modify the law. It is basic that the IRRs should remain consistent with the law they intend to carry out.[41] | |||||
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2005-12-13 |
CHICO-NAZARIO, J. |
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| There is likewise nothing meaty about the assertion of private respondent that inasmuch as the delivery receipts as well as the purchase order were for the account of Lines & Spaces/Tri-Realty, then petitioners should have been placed on guard that it was private respondent which is the principal of Sanchez. In China Banking Corp. v. Members of the Board of Trustees, Home Development Mutual Fund[11] and the later case of Romulo, Mabanta, Buenaventura, Sayoc and De los Angeles v. Home Development Mutual Fund,[12] the term "and/or" was held to mean that effect shall be given to both the conjunctive "and" and the disjunctive "or"; or that one word or the other may be taken accordingly as one or the other will best effectuate the intended purpose. It was accordingly ordinarily held that in using the term "and/or" the word "and" and the word "or" are to be used interchangeably. | |||||
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2003-08-12 |
YNARES-SANTIAGO, J. |
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| The rules and regulations that administrative agencies promulgate, which are the product of a delegated legislative power to create new and additional legal provisions that have the effect of law, should be within the scope of the statutory authority granted by the legislature to the administrative agency. It is required that the regulation be germane to the objects and purposes of the law, and be not in contradiction to, but in conformity with, the standards prescribed by law.[17] They must conform to and be consistent with the provisions of the enabling statute in order for such rule or regulation to be valid. Constitutional and statutory provisions control with respect to what rules and regulations may be promulgated by an administrative body, as well as with respect to what fields are subject to regulation by it. It may not make rules and regulations which are inconsistent with the provisions of the Constitution or a statute, particularly the statute it is administering or which created it, or which are in derogation of, or defeat, the purpose of a statute. In case of conflict between a statute and an administrative order, the former must prevail.[18] | |||||