G. R. No. 155027 February 28, 2006
THE VETERANS FEDERATION OF THE PHILIPPINES represented by Esmeraldo R.
Acorda, Petitioner,
vs.
Hon. ANGELO T. REYES in his capacity as Secretary of National Defense; and Hon. EDGARDO
E. BATENGA in his capacity as Undersecretary for Civil Relations and Administration of the
Department of National Defense, Respondents.
D E C I S I O N
CHICO-NAZARIO, J.:
FACTS:
18 June 1960: Republic Act No. 2460 created Veterans Federation of the Philippines (VFP)
15 April 2002: petitioner's incumbent president received a letter dated 13 April 2002 which states that:
- R.A. 2460 makes VFP under the control of DND.
- VFP is required to suit a fiscal report to the Pres. of the Philippines and to the Secretary of DND
- R.A. 3518 renders the Pres. of VPF on of the board of directors in the affairs & business of Philippine Veterans Bank
10 June 2002: DND Department Circular No. 04 entitled "Further Implementing the Provisions of Sections 1 and 2 of the R.A. 2640 state that:
Sec. 1: the rules shall govern the VFP w/in the context provided by EO s-1987
Sec.2: definition of term. supervision & control of DNB over vpf. etc.
A petition for Certiorari was filed directly before the Supreme Court. Although the petitioners didn't follow the hierarchy of courts, the SC allowed it since the beneficiaries of VFP are war veterans.
ISSUE:
1.W/N Department Circular No. 04 be declared void as it expanded the scope and control and supervision beyond what has been laid down in Rep. Act. No.2640.
2. W/N DC No. 04 be declared void due to non-publication.
RULING:
1. NO. The definition of power and control under Sec. 2 of the assailed Circular are synonymous with the definitions laid by the SC. Thus, since VFP is a public corporation, Department Circular No. 04 did not supplant or supply R.A. 2640. Thus, it was in conformity with the settled rule that "all administrative issuances must not be override, but remain consistent and in harmony with the law they seek to apply or implement. Administrative rules and regulations are intended to carry out, neither to supplant nor to modify, the law."
Sections 3.3., 4, and 5 which grants the Secretary of DND control over VFP to issue guidelines, directives, and other governing vital activities (e.g., election/acquisition/management/ disposition of properties, accounting of funds, etc) and other transactions which may affect the interests of the veterans are merely consequences of the power of control and supervision granted by R.A. No 2640.
2. NO. Department Circular No. 04 is an internal regulation.
Respondents denied non-publication but assuming the assailed circular was not published, its validity is not affected by such non-publication since it is merely internal and interpretative.
Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation. (Tañada Vs. Tuvera)
Thus, since DC No. 04 does not supplant not modify but is actually perfectly in consonance with R.A. 2640, the validity of said circular is affirmed.
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