grant of jurisdiction

8/13/2019 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.

grant of jurisdiction

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