[go: up one dir, main page]
Scribd
Upload
70 views1 page

Eastern Shipping Lines V Poea

The Supreme Court ruled that the issuance of Memorandum Circular No. 2 by the Philippine Overseas Employment Administration (POEA) stipulating death benefits for overseas workers was valid and did not violate the principle of non-delegation of powers. While legislative discretion regarding substantive law cannot be delegated, the authority to determine enforcement was properly delegated to POEA in Executive Order No. 797. Administrative bodies need rule-making powers to address specialized problems and carry out statutes, which is a valid form of subordinate legislation.

Uploaded by

Stephanie Valentine
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
70 views1 page

Eastern Shipping Lines V Poea

The Supreme Court ruled that the issuance of Memorandum Circular No. 2 by the Philippine Overseas Employment Administration (POEA) stipulating death benefits for overseas workers was valid and did not violate the principle of non-delegation of powers. While legislative discretion regarding substantive law cannot be delegated, the authority to determine enforcement was properly delegated to POEA in Executive Order No. 797. Administrative bodies need rule-making powers to address specialized problems and carry out statutes, which is a valid form of subordinate legislation.

Uploaded by

Stephanie Valentine
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

EASTERN SHIPPING LINES V POEA

G.R. No. 76633 October 18, 1988 [Non delegation of legislative power; subordinate
legislation
FACTS:
A Chief Officer of a ship was killed in an accident in Japan. The widow filed a complaint for
charges against the Eastern Shipping Lines with POEA, based on a Memorandum Circular No.
2, issued by the POEA which stipulated death benefits and burial for the family of overseas
workers. ESL questioned the validity of the memorandum circular as violative of the principle
of non-delegation of legislative power. It contends that no authority had been given the
POEA to promulgate the said regulation; and even with such authorization, the regulation
represents an exercise of legislative discretion which, under the principle, is not subject to
delegation. Nevertheless, POEA assumed jurisdiction and decided the case.
ISSUE:
Whether or not the Issuance of Memorandum Circular No. 2 is a violation of non-delegation
of
powers.
RULING:
No.
SC
held
that
there
was
a
valid
delegation
of
powers.
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. The ascertainment of the latter subject is a prerogative
of the legislature. This prerogative cannot be abdicated or surrendered by the legislature to
the
delegate.
The reasons given above for the delegation of legislative powers in general are particularly
applicable to administrative bodies. With the proliferation of specialized activities and their
attendant peculiar problems, the national legislature has found it more and more necessary
to entrust to administrative agencies the authority to issue rules to carry out the general
provisions of the statute. This is called the "power of subordinate legislation."

You might also like