This case has been cited 3 times or more.
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2015-07-28 |
PERALTA, J. |
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| Pursuant to Section 35[5] of the Magna Carta, the Secretary of Health promulgated its Implementing Rules and Regulations (IRR) in July 1992. Thereafter, in November 1999, the DOH, in collaboration with various government agencies and health workers’ organizations, promulgated a Revised IRR consolidating all additional and clarificatory rules issued by the former Secretaries of Health dating back from the effectivity of the Magna Carta. The pertinent provisions of said Revised IRR provide:6.3. Longevity Pay. — A monthly longevity pay equivalent to five percent (5%) of the present monthly basic pay shall be paid to public health workers for every five (5) years of continuous, efficient and meritorious services rendered as certified by the Head of Agency/Local Chief Executives commencing after the approval of the Act. (April 17, 1992) | |||||
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2015-07-28 |
PERALTA, J. |
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| Judicial functions involve the power to determine what the law is and what the legal rights of the parties are, and then undertaking to determine these questions and adjudicate upon the rights of the parties.[14] Quasi-judicial functions apply to the actions and discretion of public administrative officers or bodies required to investigate facts, hold hearings, and draw conclusions from them as a basis for their official action, in their exercise of discretion of a judicial nature.[15] Ministerial functions are those which an officer or tribunal performs in the context of a given set of facts, in a prescribed manner and without regard to the exercise of his own judgment upon the propriety or impropriety of the act done.[16] | |||||
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2011-02-15 |
BERSAMIN, J. |
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| The enactment of the Cityhood Laws is an exercise by Congress of its legislative power. Legislative power is the authority, under the Constitution, to make laws, and to alter and repeal them.[10] The Constitution, as the expression of the will of the people in their original, sovereign, and unlimited capacity, has vested this power in the Congress of the Philippines. The grant of legislative power to Congress is broad, general, and comprehensive. The legislative body possesses plenary powers for all purposes of civil government. Any power, deemed to be legislative by usage and tradition, is necessarily possessed by Congress, unless the Constitution has lodged it elsewhere. In fine, except as limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects, and extends to matters of general concern or common interest.[11] | |||||