Batino, Mary Alelie D.

Administrative organization refers to the administrative structure of the government including its
political subdivisions and the allocation of powers, functions, and duties to its various units or agencies.
(1)
(a)
(b)
(c)

Traditional branches.
The legislative power.
The executive power.
The judicial power.

(2) Special bodies or agencies.

There are three independent Constitutional
Commissions created by the Constitution, namely: the Civil Service Commission, the Commission on
Elections, and the Commission on Audit. They shall exercise the powers and functions conferred upon
them by the Constitution and the law. There are also, in accordance with the Constitution, an
independent office of the Ombudsman and an independent Commission on Human Rights.

under it.

The Office of the President shall consist of the Office of the President Proper and the agencies

(1) The Office of the President Proper shall consist of the Private Office, the Executive Office,
the Common Staff Support System, and the Presidential Special Assistants/Advisers System:
(a) The Private Office shall provide direct services to the President and shall, for this purpose,
attend to functions and matters that are personal or which pertain to the First Family;
(b)
The Executive Office headed by the Executive Secretary refers
to the Office of the Executive Secretary, Deputy Executive Secretaries,
and Assistant Executive Secretaries.
(c)
The common Staff Support System embraces the offices or
units
under
the
general
categories
of
development
and
management,
general government administration and internal administration; and
(d)
The
Presidential
Special Assistants/Advisers
System
includes
such
special assistants or advisers as may be needed by the President. It
shall provide advisory or consultative services to the President in such fields and under such conditions as the
President may determine.
(2)
under the
control of
Office of the

The agencies under the Office of the President refer to those offices
chairmanship of the President, those under the supervision and
the President, those under the administrative supervision of the
President.

(3)
The President, subject to the policy in the Executive Office and in
order to achieve simplicity, economy and efficiency, shall have continuing
authority to reorganize the administrative structure of the Office of the
President.

Department refers to an executive department created by law.

It includes any instrumentality having or assigned the rank of a department, regardless of
its name or designation.
(1) Number, purpose, and decentralization:
(a) The Executive Branch shall have such Departments as are necessary for the functional
distribution of the work of the President and for the performance of their functions;
(b) The Departments shall be organized and maintained to insure their capacity to plan and
implement programs in accordance with established national policies;
(c) Bureaus and offices under each Department shall be grouped primarily on the basis of
major functions to achieve simplicity, economy and efficiency in government operations and
minimize duplication and overlapping of activities; and
(d) The
functions
of
the
different
Departments
shall
be
decentralized in order to reduce red tape, free central officials from
administrative
details
concerning
field
operations,
and
relieve
them
from unnecessary involvement in routine and local matters.
(2) Department proper:
(a) Unless otherwise provided in the Code or by law, the Department proper shall
include the Office of the Secretary and the staff units directly under it. The Office of the Secretary shall
consist of the Secretary and the Undersecretary or Undersecretaries, together with the personnel in their
immediate offices;
(b) Every Secretary shall be assisted by such number of Undersecretaries as may be
provided for by the Code or by law;
(c) Whenever necessary, Assistant Secretary position or positions may be created to form part of
the Department proper; and
(d)
In the absence of special provisions, the major staff units of
each department shall be the services which shall include: the Planning
Service, the Financial and Management Service, the Administrative Service, and when necessary, the
Technical and the Legal Services.
(3)
Jurisdiction
over
bureaus,
etc.
Each
Department
shall
have
jurisdiction
over
bureaus,
offices,
regulatory
agencies
and
government
corporations assigned to it by law, in accordance with the applicable
relationships as defined in Chapters 7, 8, and 9 of the Code,
(4) Assignment of offices and agencies, etc. The President shall, by executive order, assign
offices and agencies not otherwise assigned by law to any department, or indicate to which
department a government corporation or board may be attached.
Secretaries, Undersecretaries, and Assistant Secretaries:
the

(1)
The authority and responsibility for the exercise of the mandate of
Department and for the discharge of its powers and functions shall be

vested in
Department.

the

Secretary,

who

shall

have

supervision

and

control

of

the

(2)
The Undersecretary shall, among others, advise and assist the
Secretary
in
the
formulation
and
implementation
of
department
objectives
and policies. He shall temporarily discharge the duties of the Secretary in
the latter's absence or inability to discharge his duties for any cause or in
case of vacancy of the said office, unless otherwise provided by law.
(3) The Assistant Secretary shall perform such duties and functions as may be provided by law or
assigned to him by the Secretary.
Department Services:
Except as otherwise provided by law, each Department shall have the following Department
Services:
(1) Planning Service.
(2) Financial and Management Service.
(3) Administrative Service.
(4) Technical Service.
(5) Legal Service.
Organization of Bureaus:
(1) A
Bureau
is
any
principal
subdivision of
the department
performing a single major function or closely related functions.
(2) Powers and duties of heads of bureaus or offices.
(a)
The head of bureau or office shall be its chief executive
officer.
(b)
He shall appoint personnel to all positions in his bureau or
office, in accordance with law. In the case of the line bureau or office,
the head shall also appoint the second level personnel of the regional
offices, unless such power has been delegated.
(c) He may, in the interest of economy, designate the assistant head to act as chief of any
division or unit within the organization, in addition to his duties, without additional compensation;
(d)
He shall, consistent with law, rules and regulations, prescribe
the form and fix the amount of all bonds executed by private parties
to the government under the laws pertaining to his bureau or office.
(e) He shall prescribe forms and issue circulars or orders to secure the harmonious and
efficient administration of his bureau or office and to carry into full effect the laws relating to matters
within his jurisdiction.
(f)
He is authorized to issue orders regarding the administration
of its internal affairs for the guidance of or compliance by its officers
and employees;

(3) Bureaus are either staff or line.

(1)
Regional Offices. They shall be established according to law
defining field service areas. The administrative regions shall be composed
of the National Capital Region and Regions I to XII.
(2)
Administration. The regional office shall be headed by a Regional
Director who may be assisted by one (1) Assistant Regional Director,
except as may otherwise be provided by law. The Regional Director shall be
responsible for department or agency functions performed in the region
under his jurisdiction.
(3) Supervision:
(a) Whenever the function or activity of a department or agency requires central or interregional action, the function may be performed by the regional offices under the supervision and
control of the department proper or line bureau concerned.
(b) The staff bureau or division shall perform primarily advisory or auxiliary functions and
exercise in behalf of the department or agency functional supervision over the regional offices.
(4) Organization. Regional Offices organized on a department-wide basis shall have units or
personnel in which the functional areas of the staff bureaus and services in the department shall be
represented.
(5) Functions of a Regional Office. A Regional office shall:
(a) Implement laws, policies, plans, programs, rules and regulations of the department or
agency in the regional area;
(b) Provide economical, efficient and effective service to the people in the area;
(c) Coordinate with regional offices of other departments, bureaus and agencies in the area;
(d)
Coordinate
with
local
government
units
in
the
area;
and
(e)
Perform
such
other
functions
as
may
be
provided
by
law.
Administrative relationship:
Unless otherwise stated in the Administrative Code of 1987 or in other laws defining the special
relationship of particular agencies, administrative relationship shall be categorized and defined as follows:
(1) Supervision and control. Supervision and control shall include authority to:
(a) act directly whenever a specific function is entrusted by law or regulation to a subordinate;
(b) direct the performance of duty; restrain the commission of
acts;
(c) review, approve, reverse or modify acts and decisions of subordinate officials or units;
(d) determine priorities in the execution of plans and programs;
and
(e) prescribe standards, guidelines, plans and programs.

(2) Administrative supervision:

(a) It shall govern the administrative relationship between a department or its equivalent and
regulatory agencies or other agencies as may be provided by law. It shall be limited to the authority of the
department or its equivalent:
1)
to
generally
oversee
the
operations
of
such
agencies
and
to
insure
that
they
are
managed
effectively,
efficiently
and
economically but without interference with day-to-day activities;
2) to require the submission of reports and cause the conduct of management audit,
performance evaluation and inspection to determine compliance with policies, standards and
guidelines of the department;
3) to take such action as may be necessary for the proper
performance
of
official
functions,
including
rectification
of
violations, abuses and other forms of maladministration; and
4) to review and pass upon budget proposals of such agencies but may not increase or add
to them.
(3) Attachment:
(a) This refers to the lateral relationship between the department
or its equivalent and the attached agency or corporation for purposes
of policy and program coordination.
(b)
Matters
of
day-to-day
administration
or
all
those
pertaining
to internal operations shall be left to the discretion or judgment of the
executive officer of the agency or corporation.
(c)
Government-owned or -controlled corporations attached to a
department
shall
submit
to
the
Secretary
concerned
their
audited
financial statements within sixty (60) days after the close of the fiscal
year.
(d) Pending submission of the required financial statements, the corporation shall continue to
operate on the basis of the preceding year's budget until the financial statements shall have been
submitted.
Powers and functions of Department Secretary.
The Secretary shall:
(1) Advise the President in issuing executive orders, regulations,
proclamations and other issuances, the promulgation of which is expressly
vested by law in the President relative to matters under the jurisdiction of
the Department;
(2) Establish the policies and standards for the operation of the Department pursuant to the
approved programs of governments;
(3) Promulgate
rules
and
regulations
necessary
to
carry
out
department objectives, policies, functions, plans, programs and projects;
(4) Promulgate administrative issuances necessary for the efficient administration of the
offices under the Secretary and for proper execution of the laws relative thereto.

(5)
Exercise disciplinary powers over officers and employees under
the Secretary in accordance with law, including their investigation and the
designation of a committee or officer to conduct such investigation;
(6)
Appoint all officers and employees of the Department except
those whose appointments are vested in the President or in some other
appointing authority.
(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the
Department as provided by law and in accordance with the applicable relationships as specified in
Chapters 7, 8, and 9 of Book IV of the Code (infra.);
(8) Delegate authority to officers and employees under the Secretary's direction in accordance with
the Code; and
(9) Perform such other functions as may be provided by law.
Authority of Department Secretary:
The Secretary of a Department shall have supervision and control over
the bureaus, offices, and agencies under him, subject to the following
guidelines:
(1)
Initiative and freedom of action on the part of subordinate units
shall be encouraged and promoted rather than curtailed, and reasonable
opportunity to act shall be afforded these units before control is exercised;
(2) With respect to functions involving discretion, experienced judgment or expertise
vested by the law upon a subordinate agency, control shall be exercised in accordance with said law; and
(3) With respect to any regulatory function of an agency subject to department control, the
authority of the department shall be governed by the provisions of the Code.
Delegation of authority.
The Secretary or the head of an agency shall have authority over and responsibility for its
operation. He shall delegate such authority to the bureau and regional directors as may be necessary for
them to implement plans and programs adequately.
(1) Delegated
authority
shall
be
to
the
extent
necessary
for
economical, efficient and effective implementation of national and local
programs in accordance with policies and standards developed by each
department or agency with the participation of the regional directors.
(2)
The delegation shall be in writing; shall indicate to which officer or
class of officers and employees the delegation is made; and shal I vest
sufficient authority to enable the delegate to discharge his assigned
responsibility.
Line bureau authority:
(1) Line bureaus of a department shall exercise supervision and control over their regional
and field offices. They shall be directly responsible for the development and implementation of plans
and programs within their respective functional specializations; and

(2) The regional and other field offices shall constitute the operating arms of the bureau
concerned for the direct implementation of the plans of the programs drawn up in accordance with
approved policies and standards. As counterparts of the bureau in the region, they shall
undertake bureau operations within their respective jurisdictions, and be directly responsible to their
bureau director.
Government-owned or -controlled corporations refer to any agency organized as a stock or
non-stock corporation, vested with functions relating to public needs whether governmental or
proprietary in nature, and owned by the government directly or through its instrumentalities either
wholly, or, where applicable as in the case of stock corporations, to the extent of at least 50% of its capital
stock.
During
their
tenure,
the
President,
the
Vice-President,
members
of the Cabinet, and their deputies and assistants (i.e., undersecretaries and
assistant
secretaries),
are
prohibited,
unless
otherwise
provided
in
the
Constitution itself, from holding any other office or employment.
Relationship of regulatory agencies to the Department.
A
regulatory
agency
refers
to
any
agency
expressly
vested
with
jurisdiction
to
regulate,
administer
or
adjudicate
matters
affecting
substantial rights and interest of private persons, the principal powers of
which are exercised by a collective body, such as commission, board, or
council.
Mandates of the different Departments.
(1) Department of Foreign Affairs.
(2) Department of Finance.
(3) Department of Justice.
(4) Department of Agriculture.
(5) Department of Public Works and Highways.
(6) Department of Education, Culture and Sports.
(7) Department of Labor and Employment.
(8) Department of National Defense.
(9) Department of Health.
(10) Department of Trade and Industry.
(11) Department of Agrarian Reform.
(12) Department of Interior and Local Government
(13) Department of Tourism.
(14) Department of Environment and Natural Resources.
(15) Department of Transportation and Communications.
(16) Department of Social Welfare and Development.
(17) Department of Budget and Management.

(18) Department of Science and Technology.

(19) Department of Energy.

to do.

"Function"

is

that

which

one

is

bound

or

which

it

is

one's

business

So far as "power" differs from this meaning, it would appear to refer to the means by which a
function is fulfilled.
The powers of an administrative agency do not always come from a
single source. Aside from the instances in which an administrative agency
is created and empowered by a provision of the Constitution, the source of
the powers of administrative agencies lies in statutes under which they
claim to act.
Failure to exercise powers granted to administrative agencies does not forfeit or extinguish them.
Not all administrative agencies perform the same functions or exercise
the same types of powers. While some act merely as investigative or
advisory
bodies,
most
administrative
agencies
have
investigative,
rulemaking, and determinative functions, or at least two of such functions.
(1) Express and implied powers. The jurisdiction and powers of administrative agencies
are measured and limited by the Constitution or law creating them or granting their powers, to those
conferred expressly or by necessary or fair implication.
(2) Inherent powers. An administrative agency has no inherent
powers,
although
implied
powers
may
sometimes
be
spoken
of
as
"inherent." Thus, in the absence of any provision of law, administrative
agencies do not possess the inherent power to punish for contempt which
has always been regarded as a necessary incident and attribute of the
courts.
(3) Quasi-judicial powers. Official powers cannot be merely assumed by administrative
officers, nor can they be created by the courts in the proper exercise of their judicial functions.
(a) Unless
expressly
empowered,
administrative agencies
are
bereft
of
quasi-judicial
powers.
The
jurisdiction
of
administrative
authorities
is
dependent
entirely
upon
the
provisions
of
the
statute
reposing power in them; they cannot confer it upon themselves.
(b) That the exercise of power will most effectively prevent or
stop specific violations of law is no excuse for a deviation from this
rule. Otherwise, adherence to the rule of law would be rendered
meaningless.
(c)
as

Administrative
agencies
are
tribunals
of
limited
jurisdiction
and
such can exercise only those powers which are specifically
granted to them by their enabling statutes. In other words, the extent
to which an administrative entity may exercise given judicial powers

depends largely, if not wholly, on the provisions of the statute creating

or empowering such agency. They have, however, in their favor the
presumption
that
they
have
regularly
performed
their
official
functions
or duties, including those which are quasi-judicial in nature.
Nature of powers:
(1) Jurisdiction limited. In general, the jurisdiction of administrative
officers and agencies is special and limited. They possess a limited
jurisdiction, or purely constitutional or statutory powers, and they possess
only such powers and authority as have been specifically conferred upon
them by the Constitution or specifically granted to them by their enabling
statutes and those as may be necessarily implied in the exercise thereof or
incidental to the attainment of their purposes or objectives.
(2)
Powers within their jurisdiction broad. However, the powers
conferred
on
them
must
be
commensurate
with
the
duties
to
be
performed and the purposes to be lawfully effected.
(3) Powers subject to the Constitution, applicable law, or administrative
regulation.
A government
agency
must
respect
the
presumption
of
constitutionality
and
legality
to
which
statutes
and
administrative
regulations are entitled until such statute or regulation is repealed or
amended, or until set aside in an appropriate case by a competent court,
and ultimately by the Supreme Court.
(1) Powers not explicitly legislative, executive, and judicial.
An administrative power has been said to be any power not explicitly allocated in the
Constitution, although in its nature, legislative, executive, or judicial. It has been applied in describing
those powers which may be invested in agencies other than the legislature without delegating
legislative powers, powers which may be vested in agencies other than courts without infringing upon
the judicial power, and functions which may not be imposed upon a member of the judiciary.
(2) Powers involve exercise of judgment and discretion. Perhaps the most important
administrative function is the exercise of the judgment and discretion which statutes have vested in
the
administrative
agency. Regulatory
and
control
powers
of
an
administrative
agency are
frequently described as
"administrative"
though judicial in
nature. The power of an administrative agency to make rules for the future
is administrative, although legislative in nature, and the application of the
law or such rules in particular cases is executive or administrative in
nature.
Powers of administrative agencies classified.
(1) As to nature. The powers of administrative agencies may be classified into:
(a) investigatory powers;
(b) quasi-legislative or rule-making powers; and
(c) quasi-judicial or adjudicatory powers.

The regulatory power of an administrative agency may be either

legislative or judicial in nature although in certain instances a regulatory
action evidenced by a rule may still constitute adjudication. The power to
conduct investigations and the power to carry out the provisions of law are
essentially executive or administrative in nature but the latter is classified
as adjudicatory where it involves the exercise of judgment and discretion.
(2) As to degree of subjective choice. According to the degree of subjective choice involved
in their exercise, the powers of administrative agencies are, in general, classified either as discretionary or
ministerial.
Discretionary and ministerial powers.
Sometimes it is necessary or desirable to determine whether the power
or function being performed by an administrative agency is discretionary or
ministerial.
(1)
The very essence of a discretionary power is that the person or
persons exercising it may choose which of several courses will be followed.
(2)
A ministerial duty is one in respect to which nothing is left to
discretion. It is a simple, definite duty arising under conditions admitted or
proved to exist, and imposed by law.
Investigatory Powers:
(1)
Scope. Investigatory or inquisitorial powers include the power of
an
administrative
body
to
inspect
the
records
and
premises,
and
investigate
the
activities
of
persons
or
entities
coming
under
its
jurisdiction,' or to secure, or to require the disclosure of information by
means
of
accounts,
records,
reports,
statements,
testimony
of
witnesses,
production of documents, or otherwise. 2 They are conferred on practically
all administrative agencies.
(2)
As sole powers granted. Some administrative agencies act merely
as investigatory or advisory bodies, that is, they exist solely to secure and
provide information, and in some cases to make recommendations.
(3)
As aid to other powers. Other agencies possess their investigative
or inquisitorial powers as an aid to other powers which they possess, and
agencies use such investigative powers to inform themselves of particular
situations to determine whether they should take further action, in the
execution of particular powers or duties, such as the determination or
adjudication of a particular matter.
(3) As distinguished from judicial functions. In Ruperto v. Torres (infra.),
the Supreme Court had occasion to rule on the functions of an investigatory
body with the sole power of investigation.

The investigative powers of an administrative agency or official must

be exercised within the limits prescribed and bear a reasonable and
legitimate relationship to the general powers granted.
(1)
Initiation of investigation. An administrative agency or official may
initiate
an
investigation on
a
complaint or
on
its
own
motion.
The
proceeding may be inaugurated by an order of investigation, and it is
proper for a commission to recite in its order for investigation its duties
and powers specifically and to refer to the several legislative acts and
sections establishing them.
An administrative body may be required to make certain investigations as a mandatory duty.
(2)
Conduct of investigation. Investigations are usually, and may
properly be held in private.
(3)
Inspection and examination. Among the investigatory powers
conferred upon administrative agencies is the power, for specific purposes,
to enter premises and inspect or examine such premises or things or
operations therein, particularly books and records.
(4)
Requiring attendance of witnesses, giving of testimony, and production
of evidence. Although administrative officers do not have inherent power
to require the attendance of witnesses before them, put witnesses under
oath and require them to testify, this power, and the power to require the
production of books, papers, and documents or other evidence, are basic
to the power of investigation.
(a) It is common for statutes to confer such powers upon
administrative
agencies.
Such
powers
may
validly
be
vested
in
administrative agencies even for purposes not quasi-judicial.
(b) An administrative agency may not itself be empowered to
compel
the
attendance
and
testimony
of
witnesses,
but
that
the
compulsion must be exerted through judicial process.
(c)
The power to compel a witness to testify will not be inferred
from a grant of authority to summon and examine witnesses. It must
be clearly given by statute.
(5) Hearing. While hearings may be held, as a general rule, a hearing is not a
necessary part of an investigation by an administrative agency or official.
(6) Contempt proceedings. Persons failing to attend, give testimony, and produce records at an
investigative proceeding may be punished for contempt.
An administrative body, however, cannot exercise its power to punish a person for contempt in
the absence of any statutory grant, for such power is inherently judicial in nature.
(7) Application of technical rules of procedure and evidence. It is not totally uncommon that a
government agency is given a wide latitude in the scope and exercise of its investigative powers.
Right to counsel in administrative investigations:
(1)
Hearing not part of criminal prosecution. While investigations
conducted by an administrative body may at times be akin to a criminal
proceeding, the fact remains that under existing laws, a party in an
administrative inquiry may or may not be assisted by counsel, irrespective

of the nature of the charges and of the respondent's capacity to represent

himself, and no duty rests on such body to furnish the person being
investigated with counsel.
(2) Exclusionary rule in custodial investigation not applicable.
The right to counsel under Section 12(1) of the Bill of Rights of the
Constitution is meant to protect a suspect in a criminal case under
custodial investigation.
The right to counsel attaches only upon the start of such investigation. Therefore, the exclusionary
rule under Section 12(3) of the Bill of Rights applies only to admissions made in a criminal
investigation but not to those made in an administrative investigation.
Importance of administrative investigations:
The life blood of the administrative process is the flow of fact, the gathering, the organization
and the analysis of evidence. Investigations are useful for all administrative functions, not only for
rule-making, adjudication, and licensing, but also for prosecuting, for supervising and directing, for
determining general policy, for recommending legislation, and for purposes no more specific than
illuminating obscure areas to find out what if anything should be done.
An administrative agency may be authorized to make investigations,
not only in proceedings of a legislative or judicial nature, but also in
proceedings, the sole purpose of which is to obtain information upon
which future action of a legislative or judicial nature may be taken and may
require
the
attendance
of
witnesses
in
proceedings
of
a
purely
investigatory nature. It may conduct general inquiries into evils calling for
correction,
and
to
report
findings
to
appropriate
bodies
and
make
recommendations for actions.