You are on page 1of 3

EASTERN SHIPPING VS POEA EO 797 created POEA -to promote and monitor the overseas employment of Filipinos and

to protect thei r rights to "fair and equitable employment practices -vested POEA with original and exclusive jurisdiction over all cases including m oney claims involving employer-employee relationship arising out of or by virtue of any law of contract involving Filipino contract workers -POEA to promulgate the necessary rules and regulations to govern the exercise o f its adjudicatory functions Memorandum Circular No. 2 promulgated by POEA prescribes a standard contract to be adopted by both foreign and domestic shipping companies in hiring Filipino se amen because of this, one KS was awarded 192K by POEA for the death of his seaman hus band employed by Eastern Shipping Eastern shipping is now contending that it had never entered into such contract Issue: WON circular is valid-Yes Held: Authority to issue regulation is clearly provided in EO 797. Delegation of legislative power has become the rule and non-delagtion the except ion. Reason: ramified activities and sophisticated problems, incapability of legislat ure to cope directly Power of subordinate legislation through supplementary regulations sufficient standard: POEA mandated to "protect the rights of overseas Filipino w orkers to fair and equitable employment practices also, model contract has been applied in many cases, never contested until now BOCEA VS TEVES RA 9335: Attrition Act aka An Act to Improve the Revenue Collection Performance of the BIR and BOC through the creation of the Rewards and Incentives Fund of a Revenue Performance Evaluation Board and for other purposes BOC officials started to disseminate Collection District Performance Contracts f or the lower ranking officials and rank-and-file employees -for removal of employees whose collection fall short of of the traget p rovided in the law -employees to sign the contract which makes them kind of promise to meet the required revenue target and that if he/she falls short, he/she will volunta rily submit to the provisions on removal, considering all the relevant factors a ffecting the level of collections BOCEA objected saying that revenue target was impossible due to Government's own policies reducing tariff rates and giving tax breaks to big companies, natural calamities and other economic factors, and that BOCEA officers and employees did not sign the K, few of them only coerced into signing; management not heeding B OCEA concerns WON RA 9335 and IRR are unconstitutional-undue delegation to the revenue perform ance evaluation board-No Non-delegation admits of exceptions: delegation to admin agencies like the Board in this case policy and standards to guide president in fixing revenue targets, and section 7 limits the board's authority and identifies the conditions under which official s and employees whose revenue collection falls short of the target by at least 7 .5% may be removed from the service standard: optimization of the revenue generation capability and collection of th e BIR and BOC is infused with public interest

public interest, justice and equity have been upheld as valid standards hence, completeness test and sufficient standard test fully satisfied US VS ANG TANG Act 2868: An Act Penalizing the monopoly, hoarding of and speculation in palay, rice, corn. authorizing the Governor General to issue the necessary rles and regulations for the sale and distribution thereof "whenever for any cause, conditions arise res ulting in extraordinary rise in the price of palay, rice and corn, to issue temp orary rules and emergency measures for carrying out the purpose of the act, with the consent of the Council of the State Ang was convicted for the selling rice at a price higher than that fixed in the proclamation WON proclamation was valid-No Law is incomplete: promulgation of temporary rules and emergency measures is lef t to the discretion of the Governor General no specific conditions or for what reasons the GG shall issue the procla mation no specific definition of what is an extraordinary increase in the price of palay, rice or other cereal does not specify or define what such temporary rules or emergency measur es are, how long they will remain in force and when they shall take effect absent any proclamation, there would be no crime: determination of what act cons titutes a criminal offense a legislative task COMPANA GENERAL DE TOBACOS DE FILIPINAS VS BOARD OF PUBLIC UTILITY COMMISSIONERS Board of Public Utility required Companya to file detailed report of its finance s and operations to the board Board order pursuant to Section 16 of Act 2307 empowering "after hearing, upon n otice, by order in writing" to require public utility detailed reports Compana assails the order WON there is undue delegation-Yes Authority given too general nature of report, content, general guidelines to follow lacking does not set out what information the state requires, what is valuable t o it, what it needs in order to impose correct and just taxation, supervision or control, or the facts which the state must have in order to deal justly or equi tably with such public utilities and vv No sufficient standard absolute delegation to the board, unqualified PEOPLE VS VERA Cu Unjieng applied for probation under Act 5221 or the Probation Act Judge Vera of Manila CFI allowed the petition to be set for hearing after the In sular Probation Office denied Cu Unjiengs request City prosecutor: Judge has no power to place Cu Unjieng under probation because it is in violation of Sec. 11 Act No. 4221; provincial boards only has the power to provide a system of probation to convicted person only in those provinces in which the respective provincial boards have pr ovided for the salary of a probation officer may the probation system be applied. " certainly not in manila law provides absolute discretion to provincial boards and this also cons titutes undue delegation of power.

probation law may be an encroachment of the power of the executive to pr ovide pardon because providing probation, in effect, is granting freedom, as in pardon. WON there is undue delegation-yes No rule or definite standard laid down for provincial boards' exercise of discre tionary power legislature seemingly extends the benefits of the probation act to provinces BUT in reality leaves the entire applicability of the law

You might also like