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Maceren (1977)
Doctrine:The rule-making power must be confined to details for
regulating the mode or proceeding to carry into effect the law as it has
been enacted. The power cannot be extended to amending or
expanding the statutory requirements or to embrace matters not
covered by the statute. Rules that subvert the statute cannot be
sanctioned.
FACTS:
1. In 1969, Buenaventura et. al were caught electro fishing in the
waters of barrio San Pablo Norte, Sta. Cruz. They were charged with
having violated Fisheries Administrative Order No. 84-1.
2. Municipal court quashed the complaint. CFI affirmed dismissal. Case
came to SC on appeal by the prosecution under RA 5440.
3. Said law penalizes: (1) the use of obnoxious or poisonous
substance, or explosive in fishing; (2) unlawful fishing in deep-sea
fisheries; (3) unlawful taking of marine molusca, (4) illegal taking of
sponges; (5) failure of licensed fishermen to report the kind and
quantity of fish caught, and (6) other violations.
4. As a defense, they argued that the law only contemplated the use
of any obnoxious or poisonous substance in fishing, and that use
of an electric current was not punishable under it. (6) Other
violations, was construed by the SC to only be acts analogous to
the five preceding it).
a. Fisheries Law does not expressly punish electro fishing.
Secretary of Agriculture and Natural Resources Fisheries
promulgated AO 84, which expressly prohibited electro
fishing in all Philippine waters.
b. This provision was later amended by Fisheries AO 87, which
limited the regulation to fresh water fisheries. Buenaventura
et. al. now contest the validity of said orders.
ISSUE: WON the Fisheries Administrative Order 84 was within authority
of Secretary to promulgate (NO)
RATIO:
NO, the Fisheries Law does not expressly prohibit electro
fishing. As electro fishing is not banned under that law, the
Secretary of Agriculture and Natural Resources cannot penalize
it. The AOs are devoid of legal basis.
RATIO:
NO, Said section had no basis in law, and thus cannot stand.
There is no provision at all in the law regarding any manner with the
appointment, reinstatement or re-employment in the Government
service of any person of any particular age. The provision on 57
years of age was purely a creation of the Commission, having no
reference to any provision in the decree intended to be
implemented.
The first iteration of Sec. 22 Rule III was in the first CSRPAP (1962),
then found in Sec. 5 Rule VI. This version reads:
o SEC. 5. No person shall be appointed or reinstated in the
service if he is already 57 years old, unless the President of
the Philippines, President of the Senate, Speaker of the
House of Representatives, or the Chief Justice of the
Supreme Court, as the case may be, determines that he
The scope of the law expressly considers all unpaid income taxes
from 1981 to 1985. If, as the Commissioner argues, Executive Order
No. 41 had not been intended to include 1981-1985 tax liabilities
already assessed (administratively) prior to 22 August 1986, the law
could have simply so provided in its exclusionary clauses. It did not.
The conclusion is that the EO has been designed to be in the nature
of a general grant of tax amnesty subject only to the
cases specifically excepted by it.
-Commissioner Kintanar is not the NTC. He alone does not speak for and
in behalf of the NTC. The NTC acts through a three-man body, and
the three members of the commission each has one vote to cast in
every deliberation concerning a case or any incident therein that is
subject to the jurisdiction of the NTC.
-This was enunciated by the Supreme Court in the case of Philippine
Consumers Foundation, Inc. versus National Telecommunications
Commission, 131 SCRA 200 when it declared that:
o The Rules of Practice and Procedure promulgated on
January 25, 1978 by the Board of Communications, the
immediate predecessor of respondent NTC govern the
rules of practice and procedure before the BOC then,
now respondent NTC.
-Hence, under its Rules of Procedure and Practice, the Respondent NTC,
as its predecessor, the BOC, had consistently been and remains a
collegial body.
-Respondents Kintanars and NTCs pose that Respondent Kintanar,
alone, is vested with authority to sign and promulgate a Decision of
the NTC is antithetical to the nature of a commission as envisaged in
Executive Order No. 546. It must be borne in mind that a
Commission is defined as:
o [a] body composed of several persons acting under
lawful authority to perform some public service.
o A Commission is also defined as a board or committee of
officials appointed and empowered to perform certain
acts or exercise certain jurisdiction of a public nature or
service. There is persuasive authority that a
commission is synonymous with board
-Indeed, as can be easily discerned from the context of Section 16 of
Executive Order No. 546, the Commission is composed of a
Commissioner and two (2) deputy commissioners not the
commissioner, alone, as pontificated by Kintanar. The conjunctive
word and is not without any legal significance. It is not, by any
chance, a surplusage in the law. It means in addition to. The word
and, whether it is used to connect words, phrases or full
sentence[s], must be accepted as binding together and as relating to
one another.
To designate the two (2) other members of the Commission does not
militate against the collegiality of the NTC. The collegiality of the NTC
cannot be disparaged by the mere nominal designation of the
membership thereof. Indeed, We are convinced that such nominal
designations are without functional implications and are designed
merely for the purpose of administrative structure or hierarchy of the
personnel of the NTC.