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Grant of Jurisdiction

Jurisdiction

Sphere of authority; the limits within which any particular power may be exercised, or within which a government or a court has authority.

    must exist as a matter of law cannot be fixed by agreement of the parties cannot be waived. . enlarged or diminished by any act or omission Cannot be grant by negligence to legal proceedings of the court.

where the enabling statute does not confer. An administrative agency cannot grant itself jurisdiction to decide a particular matter by issuing the appropriate rules and regulations in the exercise of its quasi-legislative power. .

(Taule v. . Santos. Taule seeks the reversal of the resolution of Santos nullifying the election of the officers of the FABC ( Federation of Associations of Barangay Council) in Catanduanes which was held even with the absence of 5 of its members. 200 SCRA 512)  In this petition for certiorari.

.200 SCRA 512  He contended that Santos as the Secretary of Local Government has no jurisdiction over the said election thus committed grave abuse of authority and the respondent governor has no legal personality to file an election protest.

The SC granted the supplemental petition and ordered for the conduction of a new election in accordance with the rules and regulations. . the appointment made by the Secretary was not in accordance with the law since the appointee did not meet the minimum qualification to be the president of the FABC. He acted in excess of his jurisdiction as it is more than what the Constitution grants him.200 SCRA 512  However.

. Problems as to whether an administrative agency has jurisdiction over certain matters arise when the language of the law is not clear.

is entitled to certain garment quotas. between two contending private entities. pursuant to the power granted it by law to cancel or suspend quota allocations. CA 268 SCRA 258)  The issue raised is whether the Board has Jurisdiction to resolve as to who.(Garment and Textile Export Board v. .

268 SCRA 258  While holding that the Board has the jurisdiction to do so. apparently because the language of the law is not so clear. . the Court equivocated as to whether the grant was express or merely implied.

268 SCRA 258  It said: “On the basis of the provisions of law cited xxx. was necessarily implied from the power to cancel or suspend quota allocations. or at the very least. is beyond complain.” . that the power to deliver judgment on the question of an entity’s entitlement to export allocations was expressly granted to the GTEB.

v. Batorio.. . Jr. 231 SCRA 463  “The claim of petitioner that no procedure is outlined for the enforcement of the import ban under the Tariff and Customs Code. Inc. does not all diminish the jurisdiction of the Bureau of customs over the subject matter.Provident Tree Farms. if true.

The Commissioner of Customs has the power to promulgate all rules and regulations necessary to enforce the provisions of this code subject to the approval of the Secretary of Finance. . The enforcement of statutory rights is not foreclosed by the absence of a statutory procedure.

 ‘Moreover it has been held that where the statute does not require any particular method of procedure to be followed by an administrative agency.’ . the agency may adopt any reasonable method to carry out its functions.

Remedy implied from a right .

there is a remedy for violation thereof. Ubi jus. ibi remedum Where there is a right.  .

 The existence of a right in favor of a person implies a corresponding obligation on the part of another who violates such right. . and entitles the former to a remedy to assure its observance and defense.

Illegality of act implied from prohibition .

 Ex dolo malo non oritur actio no man can be allowed to found a claim upon his own wrongdoing or inequity  .

 Nullus commodum capere protest de injuria sua propria No man should be allowed to take advantage of his own wrong  .

 in pari delicto potior est conditio defendentis .

. The law will not aid either party to an illegal agreement. 427)  A party to an illegal contract cannot come to court of law and ask that his illegal object be carried out. Lee Hun.(Dinglasan v. it leaves the parties where it finds them. 99 Phil.