grant of jurisdiction
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Grant of Jurisdiction
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Jurisdiction Sphere of authority; the limits within which
any particular power may be exercised, or
within which a government or a court hasauthority.
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must exist as a matter of law
cannot be fixed by agreement of the parties
cannot be waived, enlarged or diminished
by any act or omission
Cannot be grant by negligence to legal
proceedings of the court.
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An administrative agency cannot grant itself
jurisdiction to decide a particular matter by
issuing the appropriate rules and regulationsin the exercise of its quasi-legislative
power, where the enabling statute does not
confer.
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(Taule v. Santos, 200 SCRA 512) In this petition for certiorari, Taule
seeks the reversal of the resolution of
Santos nullifying the election of theofficers of the FABC ( Federation ofAssociations of Barangay Council) inCatanduanes which was held even with
the absence of 5 of its members.
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200 SCRA 512 He contended that Santos as the
Secretary of Local Government has no
jurisdiction over the said election thuscommitted grave abuse of authorityand the respondent governor has no
legal personality to file an electionprotest.
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200 SCRA 512 However, the appointment made by the Secretary
was not in accordance with the law since theappointee did not meet the minimum qualificationto be the president of the FABC. He acted inexcess of his jurisdiction as it is more than whatthe Constitution grants him. The SC granted thesupplemental petition and ordered for theconduction of a new election in accordance withthe rules and regulations.
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Problems as to whether an
administrative agency has jurisdiction
over certain matters arise when the
language of the law is not clear.
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(Garment and Textile Export
Board v. CA 268 SCRA 258) The issue raised is whether the Board has
Jurisdiction to resolve as to who, between
two contending private entities, is
entitled to certain garment quotas,
pursuant to the power granted it by law to
cancel or suspend quota allocations.
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268 SCRA 258 While holding that the Board has the
jurisdiction to do so, the Court
equivocated as to whether the grant
was express or merely implied,
apparently because the language of the
law is not so clear.
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268 SCRA 258
It said: On the basis of the provisions oflaw cited xxx, that the power to deliver
judgment on the question of an entitysentitlement to export allocations wasexpressly granted to the GTEB, or at thevery least, was necessarily implied fromthe power to cancel or suspend quotaallocations, is beyond complain.
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Provident Tree Farms, Inc. v.
Batorio, Jr., 231 SCRA 463
The claim of petitioner that noprocedure is outlined for the
enforcement of the import ban underthe Tariff and Customs Code, if true,does not all diminish the jurisdiction of
the Bureau of customs over the subjectmatter.
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The enforcement of statutory rights isnot foreclosed by the absence of a
statutory procedure. The Commissionerof Customs has the power topromulgate all rules and regulations
necessary to enforce the provisions ofthis code subject to the approval of theSecretary of Finance.
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Moreover it has been held that wherethe statute does not require any
particular method of procedure to befollowed by an administrative agency,the agency may adopt any reasonable
method to carry out its functions.
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Remedy implied from a right
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Ubi jus, ibi remedum
Where there is a right, there is a
remedy for violation thereof.
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The existence of a right in favor of a
person implies a corresponding
obligation on the part of another who
violates such right, and entitles the
former to a remedy to assure its
observance and defense.
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Illegality of act implied from
prohibition
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Ex dolo malo non oritur actio
no man can be allowed to found a
claim upon his own wrongdoing or
inequity
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Nullus commodum capere protest de injuria
sua propria
No man should be allowed to take
advantage of his own wrong
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in pari delicto potior est
conditio defendentis
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(Dinglasan v. Lee Hun, 99 Phil.
427)
A party to an illegal contract cannot
come to court of law and ask that his
illegal object be carried out. The law
will not aid either party to an illegal
agreement; it leaves the parties where
it finds them.
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