Professional Documents
Culture Documents
Holy Spirit Homeowners Association v. Defensor G.R. No. 163980 2
Holy Spirit Homeowners Association v. Defensor G.R. No. 163980 2
_______________
* EN BANC.
582
583
584
585
586
Same; Where a rule or regulation has a provision not expressly
stated or contained in the statute being implemented, that
provision does not necessarily contradict the statute—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;
Implicit in the authority of the Committee and the statute’s
objective of urban poor housing is the power of the Committee to
formulate the manner by which the reserved property may be
allocated to the beneficiaries.—Where a rule or regulation has a
provision not expressly stated or contained in the statute being
implemented, that provision does not necessarily contradict the
statute. A legislative rule is in the nature of subordinate
legislation, designed to implement a primary legislation by
providing the details thereof. 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. In Section 5
of R.A. No. 9207, the Committee is granted the power to
administer, formulate guidelines and policies, and implement the
disposition of the areas covered by the law. Implicit in this
authority and the statute’s objective of urban poor housing is the
power of the Committee to formulate the manner by which the
reserved property may be allocated to the beneficiaries. Under
this broad power, the Committee is mandated to fill in the details
such as the qualifications of beneficiaries, the selling price of the
lots, the terms and conditions governing the sale and other key
particulars necessary to implement the objective of the law. These
details are purposely omitted from the statute and their
determination is left to the discretion of the Committee because
the latter possesses special knowledge and technical expertise
over these matters.
Same; The Committee’s authority to fix the selling price of the
lots may be likened to the rate-fixing power of administrative
agencies, and in case of a delegation of rate-fixing power, the only
standard which the legislature is required to prescribe for the
guidance of the administrative authority is that the rate be
reasonable and just.—The Committee’s authority to fix the selling
price of the lots may be likened to the rate-fixing power of
administrative agencies. In case of a delegation of rate-fixing
power, the only standard which the legislature is required to
prescribe for the guidance of the administrative authority is that
the rate be reasonable and just. However, it has
587
588
The Solicitor General for respondents.
The City Attorney for respondent City Government.
TINGA, J.:
_______________
1 Rollo, p. 6.
2 Id., at p. 7.
3 Id.
590
_______________
591
_______________
5 Rollo, p. 12.
6 Id., at p. 80.
7 Id., at p. 82.
8 Sanlakas v. Executive Secretary, G.R. No. 159085, February 3, 2004,
421 SCRA 656, 665, citing Integrated Bar of the Philippines v. Zamora,
G.R. No. 141284, August 15, 2000, 338 SCRA 81.
592
_______________
9 Rollo, p. 81.
593
_______________
10 Id., at p. 51.
11 Id., at p. 66.
12 Smart Communications, Inc. v. National Telecommunications
Commission, 456 Phil. 145, 155; 408 SCRA 678, 686 (2003).
13 Id., at p. 157; pp. 687-688.
594
_______________
595
_______________
20 CONSTITUTION, Art. VIII, Sec. 5 states: The Supreme Court shall have
the following powers:
x x x
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of any
treaty, international or executive agreement, law, presidential
decrees, proclamation, order, instruction, ordinance, or regulation
is in question. x x x
21 RULES OF COURT, Rule 65, Sec. 2.
22 David v. Rivera, G.R. Nos. 139913 & 140159, January 16, 2004, 420
SCRA 90, 100.
596
_______________
23 Id.
24 Development Bank of the Phils. v. Commission on Audit, 424 Phil.
411; 373 SCRA 356 (2002); Planters Products, Inc. v. Court of Appeals, 375
Phil. 615; 317 SCRA 195 (1999); Spouses Mirasol v. Court of Appeals, 403
Phil. 761; 351 SCRA 44 (2001).
25 Philippine National Bank v. Sanao Marketing Corporation, G.R. No.
153951, July 29, 2005, 465 SCRA 287.
597
Section 3. Disposition of Certain portions of the NGC Site to
the bona fide residents
3.1. Period for Qualification of Beneficiaries
x x x x
(a.4) Processing and evaluation of qualifications shall
be based on the Code of Policies and subject to the condition
that a beneficiary is qualified to acquire only one (1) lot
with a minimum of 36 sq. m. and maximum of 54 sq. m. and
subject further to the availability of lots.
x x x x
(b.2) Applications for qualification as beneficiary shall
be processed and evaluated based on the Code of Policies
including the minimum and maximum lot allocation of 35
sq. m. and 60 sq. m.
x x x x
3.2. Execution of the Contract to Sell
(a) Westside
(a.1) All qualified beneficiaries shall execute Contract
to Sell (CTS) within sixty (60) days from the effectivity of
the IRR in order to avail of the lot at P700.00 per sq. m.
x x x x
(c) for both eastside and westside
(c.1) Qualified beneficiaries who failed to execute CTS
on the deadline set in item a.1 above in case of westside and
in case of eastside six (6) months after approval of the
subdivision plan shall be subjected to lot price escalation.
The rate shall be based on the formula to be set by the
National Housing Authority factoring therein the affordability
criteria. The new rate shall be approved by the NGC-
Administration Committee (NGC-AC).
_______________
26 Republic Act No. 9207 (2003), Sec. 2, provides: Declaration of Policy.
—It is hereby declared the policy of the State to secure the land tenure of
the urban poor. Toward this end, lands located in the NGC, Quezon City
shall be utilized for housing, socioeconomic, civic, educational, religious
and other purposes.
599
600
_______________
27 Commissioner of Internal Revenue v. Court of Appeals, 329 Phil. 987,
1006-1007; 261 SCRA 236 (1996), citing Misamis Oriental Association of
Coco Traders, Inc. v. Department of Finance Secretary, 238 SCRA 63.
28 Sigre v. Court of Appeals, 435 Phil. 711, 719; 387 SCRA 15, 23
(2002).
601
_______________
29 Philippine Communications Satellite Corporation v. Alcuaz, G.R. No.
84818, December 18, 1989, 180 SCRA 218, 225-226.