Synopsis

Penal Rules and Regulations

Administrative bodies have the authority to issue administrative regulation which are penal in nature where the law itself makes the violation of the administrative regulation punishable and provides for its penalty. - The making of an act a crime is purely legislative, which cannot be delegated.

People v. Santos
The conditional clause in question supplies a defect of the law, extending it. This is equivalent to legislating on the matter, a power which has not been and cannot be delegated to him, it being exclusively reserved to the then Philippine Legislature by the Jones Law, and now to the National Assembly by the Constitution of the Philippines. Such act constitutes not only an excess of the regulatory power conferred upon the Secretary of Agriculture and Commerce, but also an exercise of a legislative power which he does not have, and therefore said conditional clause is null and void and without effect.

People v. Que Po Lya

Sec. 11, Revised Administrative Code: 'statutes passed by Congress shall, in the absence of special provision, take effect at the beginning of the fifteenth day after the completion of the publication of the statute in the Official Gazette. (same goes with Art. 2 of New Civil Code)

If as a matter of fact Circular No. 20 had not been published as required by law before its violation, then in the eyes of the law there was no such circular to be violated and consequently appellant committed no violation of the circular or committed any offense.

People v. Maceren
The lawmaking body cannot delegate to an executive official the power to declare what acts should constitute an offense. It can authorize the issuance of regulations and the imposition of the penalty provided for in the law itself.

Force and Effect of Administrative Rules and Regulations

In order to be valid, it must be: 1. Germane to the objects and purposes of the law 2. Conform to the standards that the law prescribes 3. Reasonable and must be related solely to carrying into effect the general provisions of the law.

Peralta v. CSC
INTERPRETATIVE RULE: When an administrative or executive agency renders an opinion or issues a statement of policy, it merely interprets a pre-existing law; and the administrative interpretation of the law is at best advisory, for it is the courts that finally determine what the law means. It has also been held that interpretative regulations need not be published.

ADMINISTRATIVE CONSTRUCTION; EFFECT: Administrative construction is not necessarily binding upon the courts. Action of an administrative agency may be disturbed or set aside by the judicial department if there is an error of law, or abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment.

Javellana v. DILG
As a matter of policy, this Court accords great respect to the decisions and/or actions of administrative authorities not only because of the doctrine of separation of powers but also for their presumed knowledgeability and expertise in the enforcement of laws and regulations entrusted to their jurisdiction. There was no grave abuse of authority on the part of the DILG

Requirements of Notice and Hearing

Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation.

CIR v. CA
An administrative rule is merely interpretative in nature, its applicability needs nothing further than its bare issuance for it gives no real consequence more than what the law itself has already prescribed. When, upon the other hand, the administrative rule goes beyond merely providing for the means that can facilitate or render least cumbersome the implementation of the law but substantially adds to or increases the burden of those governed, it behooves the agency to accord at least to those directly affected a chance to be heard, and thereafter to be duly informed, before that new issuance is given the force and effect of law.

Construction of Administrative Rules and Regulations

AXIOMS: a. If the implementing rules and regulations are issued in excess of the rule-making authority of the administrative agency, they are without binding effect upon the courts.

b. The administrative regulation, which is intended only to supplement the law, cannot prevail against the law itself as the court has interpreted it.
c. Rules and regulations must be reasonable and fairly adopted to secure the end view.

Victorias Milling v. SSC

ADMINISTRATIVE RULE AND REGULATION v. ADMINISTRATIVE INTERPRETATION

Administrative Rule or Regulation OA new law with the force and effect of law is made OA rule is binding upon the courts so long as the procedure fixed for its promulgation is followed and its scope is within the statutory authority granted by the legislature

Administrative Interpretation OMere interpretation of a pre-existing law OAt best, advisory, for it is the courts that finally determine what the law means

NFA v. MASADA Security

The general rule is that construction of a statute by an administrative agency charged with the task of interpreting or applying the same is entitled to great weight and respect. The COURT, HOWEVER, IS NOT BOUND TO APPLY SAID RULE WHERE SUCH EXECUTIVE INTERPRETATION, IS CLEARLY ERRONEOUS, OR WHEN THERE IS NO AMBIGUITY IN THE LAW INTERPRETED, OR WHEN THE LANGUAGE OF THE WORDS USED IS CLEAR AND PLAIN, AS IN THE CASE AT BAR. Besides, administrative interpretations are at best advisory for it is the Court that finally determines what the law means. Hence, the interpretation given by the labor agencies in the instant case which went as far as supplementing what is otherwise not stated in the law cannot bind this Court.

SMGC v. Office of the President

Administrative rule or regulation, in order to be valid, must not contradict but conform to the provisions of the enabling law. For it is axiomatic that administrative rules derive their validity from the statute that they are intended to implement. Any rule which is not consistent with statute itself is null and void.