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Conference of Maritime Agencies, Inc. vs.


Pet i t i oner, Conf erence of Mari t i me Manni ng Agenci es, Inc. , i s
an i ncorporat ed association of licensed Filipino manning agencies, and its co-
petitioners, all licensed manni ng agenci es who
hi re and recrui t Fi l i pi no seamen for and i n behal f of the i rrespective foreign ship-owner-
principals, seek to annul Resolution No. 01, series of 1994, of the Governing Board of the POEA and
POEA Memorandum Circular No. 05.

The petitioners contended that POEA does not have the power and authority to fix
and promul gate rates affecti ng death and workmen's compensati on of Fi l i pi no seamenworkin
g in ocean-going vessels; only Congress can.

Governing Board Resolution No. 1: the POEA Governing Board resolves to amend and increase
the compensation and other benefits as specified under Part II, Section C, paragraph 1 and
Secti on L, paragraphs 1 and 2 of t he POEA Standard Empl oyment Contract for Seafarers


Whether or Not the POEA can promulgate rules by virtue of delegation of legislative power.


Yes. The consti tuti onal chal l enge of the rul e-maki ng power of the POEA
based on impermissible delegation of legislative power had been, as correctly contented by thepublic
respondents, brushed aside by this Court in Eastern Shipping Lines, Inc. vs. POEA.

The governing Board of the Administration (POEA) shall promulgate the necessaryrules and
regulations to govern the exercise of the adjudicatory functions of theAdministration (POEA).

To many of the problems attendant upon present-day undertakings, the legislature may not have the
competence to provide the required direct and efficacious not
tosay, speci f i c sol ut i ons. These sol ut i ons may, however, be expect ed f rom i t sdelegates,
who are supposed to be experts in the particular fields assigned to them.

Whi l e the maki ng of l aws i s a non-del egabl e power that pertai ns excl usi vel y to
Congress, neverthel ess, the l atter may consti tuti onal l y del egate the authori ty topromulgate
rules and regulations to implement a given legislation and effectuate its policies, for the reason
that the legislature finds it impracticable, if not impossible, to anticipate situations that may be met
in carrying the law into effect. All that is required is that the regulation should be germane to the objects
and purposes of the law; that the regulation be not in contradiction to but in conformity with the
standards prescribed by the law.

That the challenged resolution and memorandum circular, which merely further amended the
previous Memorandum Circular No. 02, strictly conform to the sufficient and valid standard of "fair
and equitable employment practices" prescribed in E.O. No. 797 can no longer be disputed.