2004-05-04

NPM 059-2004

Requesting Entity: City Legal Office of Marikina

Issues Concern: Request for the Amendment of Section 52(b) of the IRR-A of R.A. 9184

 

Details

The IRR-A of R.A. 9184 was promulgated by the GPPB jointly with the Joint Congressional Oversight Committee, pursuant to a delegated authority under Sections 63 and 75 of R.A. 9184. Furthermore, the GPPB is given the authority to amend, whenever necessary such implementing rules and regulations. It must not be forgotten, however, that while the GPPB is imbued with quasi-legislative or rule-making power, such power must be confined only to details for regulating the mode or proceeding to carry into effect the law as it has been enacted. The power cannot be extended to amending or expanding the statutory requirements or to embrace matters not covered by the statute. It is axiomatic that the delegate, in exercising the power to promulgate and amend implementing regulations, cannot contradict the law.