BVR CONSULTING INC
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION

a collections of case digests and laws that can help aspiring law students to become a lawyer. 
this webpage is
 primarily designed to assist students of law in their studies. It is merely a tool. The use of our Services does not guarantee success in obtaining a law degree nor in passing the Bar Exams. we makes no warranties or representations of any kind, whether expressed or implied for the Services provided. The cases, laws, and other publications found in this site are of public domain, collected from public sources such as the Supreme Court online library. The content however have been heavily modified, formatted, and optimized for better user experience, and are no longer perfect copies of their original. we gives no warranty for the accuracy or the completeness of the materials. This site also contains materials published by the students, professors, lawyers, and other users of the our Services. 


Maritime Manning Agencies, Inc vs. POEA

10/24/2021

0 Comments

 
​Maritime Manning Agencies, Inc v. POEA
G.R. No. 114714

Facts:
The Governing Board of the POEA enacted Governing Resolution No. 01 s. 1994 fixing for the rates of workmen’s compensation of Filipino seamen working in ocean-going vessels. Consequently, Memorandum Circular No. 05 was issued on 19 January 19942 by POEA Administrator adjusting the rates of compensation and other benefits of Filipino seafarers. Petitioners assailed both issuances on the following grounds: 
1. The POEA does not have the power and authority to fix and promulgate rates affecting death and workmen's compensation of Filipino seamen working in ocean-going vessels; only Congress can.
2. Even granting that the POEA has that power, it, nevertheless, violated the standards for its exercise.
3. The resolution and the memorandum circular are unconstitutional because they violate the equal protection and non-impairment of obligation of contracts clauses of the Constitution.
4. The resolution and the memorandum circular are not, valid acts of the Governing Board because the private sector representative mandated by law has not been appointed by the President since the creation of the POEA.

Public respondents contend that the petition is without merit and should de dismissed because (a) the issuance of the challenged resolution and memorandum circular was a valid exercise of the POEA's rule-making authority or power of subordinate legislation.

Issue:
Does the POEA have the power to fix and promulgate rates of Filipino seamen.

Held:
​The authority to issue the said regulation is clearly provided in Section 4(a) of Executive Order No. 797: “The governing Board of the Administration (POEA), as hereunder provided, shall promulgate the necessary rules and regulations to govern the exercise of the adjudicatory functions of the Administration (POEA).” It is true that legislative discretion as to the substantive contents of the law cannot be delegated. What can be delegated is the discretion to determine how the law may be enforced, not what the law shall be. But due to increasing complexity of the task of government and the growing inability of the legislature to cope directly with the myriad problems demanding its attention, delegation of legislative powers in general are particularly applicable to administrative bodies. With this power, administrative bodies may implement the broad policies laid down in a statute by "filling in" the details which the Congress may not have the opportunity or competence to provide. Memorandum Circular No. 2 is one such administrative regulation.

The power of the POEA is not unlimited as there is a sufficient standard guiding the delegate in the exercise of the said authority, that standard is discoverable in the executive order itself which is "fair and equitable employment practices”. The challenged resolution and memorandum circular, which merely further amended the previous Memorandum Circular No. 02, strictly conform to the sufficient and valid standard of "fair and equitable employment practices" prescribed in E.O. No. 797 can no longer be disputed.
0 Comments



Leave a Reply.

    Archives

    September 2024
    August 2024
    May 2024
    December 2023
    July 2023
    June 2023
    May 2023
    January 2023
    December 2022
    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • I.T. SOLUTIONS
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • TRAININGS & SEMINARS
    • AUDIT
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
  • BVR ACCOUNTING
    • TAX COMPLIANCE & ACCOUNTING
    • ADVISORY
    • AUDIT
    • TRAININGS & SEMINARS
  • CONTACT US
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • ONLINE TAX PREPARATION