Topic: Limits on Rule-Making Power

#50: Maxima Realty v. Parkway Real Estate (Ynarez-Santiago, J.;

2004)

DOCTRINE: Special laws providing for the remedy of appeal to

the Office of the President must prevail over the administrative
agency’s rules of procedure. An administrative rule or regulation,
in order to be valid, must not contradict but conform to the
provisions of the enabling law.

SUMMARY: Maxima corporation filed with the HLURB a

complaint for specific performance against Parkway and Segovia
corporations over a condominium unit in Makati. The HLURB
rendered a judgment against Maxima, which Maxima received on
19 April 1994. On 10 May 1994, Maxima appealed to the Office of
the President (OP), which dismissed the appeal for having been
filed out of time. Maxima filed a petition for review with the CA,
which affirmed the OP’s decision. The SC held that the appeal to
OP was filed beyond the reglementary period. Maxima had until 4
May 1994 only, the 15th day from its receipt of the HLURB
decision, to make the appeal.

ISSUE: Whether the appeal of the HLURB’s decision to the OP was

filed within the reglementary period – NO

RULING: The period within which to appeal the decision of the

Board of Commissioners of HLURB to the OP is 15 days from
receipt of the assailed decision, pursuant to Section 15 of
Subdivision and Condominium Buyer’s Protection Decree (PD 957)
and Section 2 of PD 1344. The 30-day period to appeal to the OP
from decisions of the HLURB as provided in Section 27 of the 1994
HLURB Rules of Procedure was not applicable, because special
laws providing for the remedy of appeal to the OP, such as PDs
597 and 1344, must prevail over the HLURB Rules of Procedure.
Moreover, according to Administrative Order No. 18 issued by the
OP in 1987, the 30-day period of appeal is only applicable in the
absence of special laws providing for a shorter or longer
reglementary period.