The chain of command principleis a military
concept and the PNP is a civilian agency. When
the President chose not to deal with Sec. Roxas
and that PNP Chief and deals with someone else
instead, that is the power of control that was in
play . He was not acting there as a Commander-
in-Chief, therefore bound by the chain of
command principle.
ART. XVI, Section 6. The State shall establish
and maintain one police force, which shall be
national in scope and civilian in character, to
be administered and controlled by a national
police commission. The authority of local
executives over the police units in their
jurisdiction shall be provided by law.
Sec 6. Art XVI of the Constitution prescribes the
extent of the authority of local elective officials
over the PH national police presence in their
territories shall be subject to law. Our present law
provided that the extent of that authority shall be
one of operational control and supervision —
present specification of the authority of local
officials over PNP
Delegation to Administrative Bodies
Is it correct to say that all administrative bodes are
equipped with the power of adjudication and rule
making? NO
Principal purpose of an administrative agency is
simply to enforce the law. If it’s equipped with
either quasi- legislative or quasi- judicial, or both,
it is only for purposes of enhancing this power of
enforcement delegated in its favor.
The Constitutional Commissions. All three
Constitutional Commissions possess rule making
authority BUT on different bases. Independently
of what is generally prescribed on the Admin
Code, the primary souce of administrative rule
making authority of the three Constitutional
Commissions are as follows:
Art. IX-B, Section 3. The Civil Service
Commission, as the central personnel agency
of the Government, shall establish a career
service and adopt measures to promote
morale, efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil
service. It shall strengthen the merit and
rewards system, integrate all human resources
development programs for all levels and ranks,
and institutionalize a management climate
conducive to public accountability. It shall
submit to the President and the Congress an
annual report on its personnel programs.
CSC - Cruz v CSC, section 3 of Art. IX-B.
Designating the CSC as the central personnel
agency commanding it to establish a career
system for both moral, efficiency,
responsiveness, etc. This is the veritable source
under the Constitution of the rule-making
authority of the CSC.
Art. IX-C, Section 2. The Commission on
Elections shall exercise the following powers
and functions:
(1) Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and
recall.
COMELEC - IX-C section 2, par 1. The mother of
all powers of COMELEC
Article IX-D, Section 2. (2) The Commission
shall have exclusive authority, subject to the
limitations in this Article, to define the scope of
its audit and examination, establish the
techniques and methods required therefor, and
promulgate accounting and auditing rules and
regulations, including those for the prevention
and disallowance of irregular, unnecessary,
excessive, extravagant, or unconscionable
expenditures or uses of government funds and
properties.
COA – Among the three, it is only the COA which
is expressly given under the Constitution the
power of rule making. This is found in Art. IX-D,
section 2, par.2. There are three areas of power
given to COA. First, to determine the extent of its
audit scope examination authority.