When there is a conflict between a statute and administrative order, which must prevail?

It is doctrinal that in case of conflict between a statute and an administrative order, the former must prevail.[15] A rule or regulation must conform to and be consistent with the provisions of the enabling statute in order for such rule or regulation to be valid.[16] The rule-making power of a public administrative body is a delegated legislative power, which it may not use either to abridge the authority given it by the Congress or the Constitution or to enlarge its power beyond the scope intended.  Constitutional and statutory provisions control with respect to what rules and regulations may be promulgated by such a body, as well as with respect to what fields are subject to regulation by it.  It may not make rules and regulations which are inconsistent with the provisions of the Constitution or a statute, particularly the statute it is administering or which created it, or which are in derogation of, or defeat, the purpose of a statute.[17]

http://sc.judiciary.gov.ph/jurisprudence/1996/nov1996/116422.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Administrative Law, Law and Administrative Order, Question and Answers and tagged . Bookmark the permalink.

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