Validity of administrative issuances

Before there can even be a valid administrative issuance, there must first be a showing that the delegation of legislative power is itself valid; it is valid only if there is a law that: (a) is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate; and (b) fixes a standard the limits of which are sufficiently determinate and determinable to which the delegate must conform in the performance of his functions; a painstaking examination of the provisions being relied upon by the former DOJ Secretary will disclose that they do not particularly vest the DOJ the authority to issue DOJ Circular No. 41 which effectively restricts the right to travel through the issuance of Watchlist Orders (WLOs) and Hold-Departure Orders (HDOs). (Genuino vs. Hon. De Lima, G.R. No. 197930, April 17, 2018)

Popular Posts