PASE Vs Torres
PASE Vs Torres
PASE Vs Torres
1) Yes. The SC held that the LOI simply imposes a presidential Held: Yes, it is.
review of the authority of the Minister of Labor and
What determines whether an act is a law or an administrative
Employment to grant licenses, hence, directed to him alone.
issuance is not its form but its nature. Here, the power to fix
This is undoubtedly an administrative action, LOI 1190 should
the rates of charges for services, including pilotage service,
properly be treated as an administrative issuance.
has always been regarded as legislative in character.
LOI are presumed to be mere admin. Issuances except when
Eo 1088 provides for adjusted pilotage service rates without
the conditions set out in Garcia-Padilla vs Enrile exist. To be
withdrawing the power of the PPA to impose, prescribe,
considered part of the law of the land, petitioners must
increase or decrease rates, charges or fees. The reason is
establish that LOI 1190 was issued in response to “a grave
because EO 1088 is not meant simply to fix new pilotage rates.
emergency or a threat or imminence thereof, or whenever the
Its legislative purpose is the “rationalization of pilotage service
interim BP or the regular National Assembly fails or is unable
charges, through the imposition of uniform and adjusted rates
to act adequately on any matter.”
for foreign and coastwise vessels in all Philippines ports.
The conspicuous absence of any of these conditions fortifies
EO 1088 is a valid statute and that the PPA is duty bound to
the opinion that LOI 1190 cannot be any more than a mere
comply with tis provisions. The PPA may increase the rates but
administrative issuance.
it may not decrease them below those mandated by EO 1088.
2) No, even if we treat as emergency the “situation which has
Administrative or executive acts, orders and regulations shall
seriously affected the integrity and viability of the overseas
be valid only when they are not contrary to the laws or the
employment industry,” there is no indication that in the
Constitution.
judgment of the President it is grave.
PPA circulars are inconsistent with EO 1088 thus they are void
3) No, the LOI does not repeal or run counter to Art 25 of LC.
and ineffective.
The LOI does not actually ban the grant of licenses nor bar the
entry of new licenses since anybody could still apply for An administrative agency, like the PPA, has no discretion
license with the Minister of Labor and Employment, although whether to implement the law or not. Its duty is to enforce it.
the grant thereof is subject to the prior authority of the If there is any conflict between the PPA circular and a law,
President. In fact, the LOI did not modify the rule-making such as EO 1088, the latter prevails.
power of the Minister of Labor and Employment under the
Labor Code, it only added another tier of review. The petition is DENIED.