TITLE BRIEF FACTS DOCTRINE

Ople v Torres AO 308 Adoption of The President is granted administrative power over bureaus and offi︎ces under his control to
National enable him to discharge his duties effectively. Administrative power is concerned with the
Computerized work of applying policies and enforcing orders as determined by proper governmental organs.
Identification It enables the President to ︎issue administrative orders, rules and regulations.

Reference System,
biometrics, right to Administrative Orders — acts of the President which relate to particular aspects of
privacy governmental operation in pursuance of his duties as administrative head shall be
promulgated in administrative orders.

The ordinance must be in harmony with the law and should be for the sole purpose of
implementing the law and carrying out the legislative policy. Regulations are not supposed to
be a substitute for the general policy-making that Congress enacts in the form of a public law.
Although administrative regulations are entitled to respect, the authority to prescribe rules and
regulations is not an independent source of power to make laws.

Administrative legislation cannot violate constitutional rights i.e. right to privacy. The law must
be narrowly focused (with proper safeguards against unconstitutional invasions) and a
compelling state interest must justify the intrusion to right of privacy.

Araneta v Gatmaitan EOs issued by The true distinction between delegation of the power to legislate and the conferring of
President to prohibit authority or discretion as to the execution of the law consists in that the former necessarily
trawl fishing in San involves a discretion as to what the law shall be, while in the latter the authority or discretion
Miguel Bay as to its execution has to be exercised under and in pursuance of the law. The ︎first cannot be
done; to the latter no valid objection can be made. The Legislature cannot delegate legislative
power to enact any law

Fisheries Act is complete in itself, leaving to the Secretary of Agriculture and Natural
Resources the promulgation of rules and regulations to carry into effect the legislative intent.

One of the executive departments is that of Agriculture and Natural Resources which by law is
placed under the direction and control of the Secretary, who exercises its functions subject to
the general supervision and control of the President of the Philippines

For being an executive department, it is placed under the direction and control of the
Secretary who exercises its functions subject to the general supervision and control of the
President. EO is valid and issued with authority of law.

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Carpio v Executive RA 9675 establishing The President has control of all executive departments, bureaus, and o︎ffices. Equally well
Secretary the PNP under a accepted, as a corollary rule to the control powers of the President, is the "Doctrine of
reorganized DILG Quali︎fied Political Agency". As the President cannot be expected to exercise his control
powers all at the same time and in person, he will have to delegate some of them to his
Cabinet members, who in turn and by his authority, control the bureaus and other o︎ffices
under their respective jurisdictions in the executive department.

NAPOLCOM and the PNP are placed under the reorganized DILG is merely an administrative
realignment that would bolster a system of coordination and cooperation

The creation of Special Oversight Committee is not an encroachment on President’s power of

control over all executive departments, bureaus, and offices. It’s only a transitory body to aid
the merger of DILG with other agencies. No executive departments, bureaus, offices are
placed under the control/authority of the committee.

De Leon v Carpio NBI agents fired All executive departments, bureaus and of︎fices are under the control of the President of the
ordered reinstated by Philippines. The President's power of control is directly exercised by him over the members of
Secretary of Justice the Cabinet who, in turn and by his authority, control the bureaus and other of︎fices under their
but denied by Director respective jurisdictions in the executive department. The constitutional vesture of this power
of NBI in the President is self-executing and does not require statutory implementation, nor may its
exercise be limited, much less withdrawn, by the legislature.

Heads of the various departments, their personality is in reality but the projection of that of the
President." Hence, "their acts, performed and promulgated in the regular course of business
are, unless disapproved or reprobated by the Chief Executive, presumptively the acts of the
Chief Executive."

A subordinate is bound to obey the orders of his superior. Director of NBI bound to obey order
of Secretary of Justice which is presumptively the acts of the President.

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Noblejas v Salas Noblejas as Fiscal performs quasi-judicial acts, the functions that he discharges as an officer of the
commissioner of Land government are basically executive.

Registration facing
land-grabbing cases, The prosecution of crimes is part of the President's duty to take care that the laws be faithfully
Superior authority of executed and the Secretary of Justice is, by the nature of his o︎ffice, the principal alter ego of
Secretary of Justice of the President in the performance of such duty. Whereas the working arms of the Secretary in
fiscals this respect are the ︎fiscals and other prosecuting offi︎cers.

The same power of control of President over all executive departments can also be found in
his Department Heads. Power of control contemplated means the power of the department
head to alter, modify or nullify or set aside what a subordinate o︎fficer had done in the
performance of his duties and to substitute the judgment of the former for that of the latter.

Fiscal cannot disobey or modify the orders of the Secretary of Justice for being superior to his
position.

Pelaez v Auditor EOs by President, Section 10 (1) of Article VII, Constitution:

General creation of 33 "The President shall have control of all executive departments, bureaus or o︎ces, exercise
municipalities by general supervision over all local governments as may be provided by law, and take care that
merging or moving the laws be faithfully executed."

barrios to form one

municipality
President cannot interfere with local governments, so long as the same or its offi︎cers act
within the scope of their authority.

The President by creating a municipality would, in effect, remove any of its offi︎cials, by
creating a new municipality and including therein the barrio in which the offi︎cial concerned
resides, for his offi︎ce would thereby become vacant. Thus, by merely brandishing the power
to create a new municipality (if he had it), without actually creating it, he could compel local
offi︎cials to submit to his dictation, in effect, exercising over them the power of control denied
to him by the Constitution.

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Larin v Executive Revenue Specific Tax President’s power to appoint necessarily includes the power to dismissal. President may
Secretary officer in BIR charged dismiss his appointees but not when such appointee is also a career service officer, for they
with grave enjoy the security of tenure. They may only be removed for just cause and in accordance with
misconduct, violation due process.

of 3019, & violation of

National Internal Career Executive Service officers: Underscretary, Assistant Secretary, Bureau Director,
Revenue code Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department
Service, and other officers of equivalent rank as identified by the CESB. (All are appointed by
the President)

President is authorized to effect organizational changes including the creation of offices in the
department or agency. Reorganization is valid provided it is pursued in good faith.

RA 6656 lists down acts evidencing bad faith in the removal of employees as a result of
reorganization:

1. a signifi︎cant increase in the number of positions in the new staffing pattern of the
department or agency

2. offi︎ce is abolished and another performing substantially the same functions is created;

3. incumbents are replaced by those less qualifi︎ed in terms of status of appointment,

performance, and merit

4. a reclassi︎fication of o︎ffices in the department or agency and the reclassifi︎ed offi︎ces

perform substantially the same functions as the original offices;

5. removal violates the order of separation

Villaluz v Zaldivar Administrator of Motor The Administrator of the Motor Vehicles O︎ffice, being a presidential appointee, belongs to the
Vehicles office, non-competitive or unclassi︎fied service of the government. He can only be investigated and
removed from office removed from offi︎ce after due hearing by the President under the principle that "the power to
by CSC for graft and remove is inherent in the power to appoint”. The Commissioner of Civil Service is without
corruption and other jurisdiction to hear and decide the administrative charges ︎filed against said o︎fficials, because
malpractices his authority to pass upon questions of suspension, separation or removal can only be
exercised with reference to permanent o︎fficials and employees in the classi︎fied service to
which classi︎fication the administrator does not belong.

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Macailing v Andrada Dispute over 4 parcels In administrative law, an administrative regulation adopted pursuant to law, is law.
of land in Cotabato, Administratively speaking then, 30 days after receipt by the interested parties, the decision of
decision of the Secretary of Agriculture and Natural Resources becomes ︎final, except in cases of
administrative body mistakes, inadvertence, surprise, default or excusable neglect. In which case, the Secretary
became final and may relieve a party of a decision, order or other proceeding taken against him upon
executory application made within a reasonable time but in no case exceeding 1 year after such
decision, order or proceeding was taken.

Department Secretary is the alter ego of the President. An administrative rule laid down by a
Department Secretary is that of the President, unless countermanded by the latter. It is
illogical, unreasonable and unfair for the executive branch of the government itself to set aside
administrative rules — unless previously changed beforehand — in a specifi︎c case for the
convenience of one of the parties.

Closed proceedings should remain closed; vested rights should not be unsettled. Public
interest requires that proceedings already terminated shall not be altered at every step. It must
not be disturbed. Forbids the reopening of a matter once judicially determined by competent
authority applies as well to the judicial and quasi-judicial acts of public, executive, or
administrative offi︎cers and boards acting within their jurisdiction as to the judgments of courts
having general judicial powers.

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Taule v Santos Election of Federation Unless expressly empowered, administrative agencies are bereft of quasi-judicial powers. The
of Associations of jurisdiction of administrative authorities is dependent entirely upon the provisions of the
Barangay Councils statutes reposing power in them; they cannot confer it upon themselves. Such jurisdiction is
officers, jurisdiction of essential to give validity to their determinations.

Secretary of Local
Government over Presidential power over local governments is limited by the Constitution to the exercise of
such election general supervision "to ensure that local affairs are administered according to law.” The
general supervision is exercised by the President through the Secretary of Local Government.

Supervision — overseeing or the power or authority of an o︎fficer to see that the subordinate
o︎fficers perform their duties. If the latter fails or neglects to ful︎fill them the former may take
such action or step as prescribed by law to make them perform their duties. The power of
mere oversight over an inferior body.

There is neither a statutory nor constitutional provision expressly or even by necessary

implication conferring upon the Secretary of Local Government the power to assume
jurisdiction over an election protest involving o︎fficers of the katipunan ng mga barangay.
Although the Department is given the power to prescribe rules, regulations and other
issuances, the Administrative Code limits its authority to merely "monitoring compliance" by
local government units of such issuances. This is compatible with the power of supervision of
the Secretary over local governments which is limited to checking whether the local
government unit concerned or the o︎fficers thereof perform their duties as provided by
statutory enactments.

Pimentel Jr v Aguirre AO 372 issued by Art X, Sec 4 of Constitution: President’s power over local government = general supervision

President for LGUs to

adopt 25% cost Power of Supervision — overseeing or the power or authority of an offi︎cer to see that
reduction program subordinate offi︎cers perform their duties. If the latter fail or neglect to ful︎fill them, the former
and withholding 10% may take such action or step as prescribed by law to make them perform their duties. Power
of LGUs Internal of mere oversight over an inferior body. Cannot restrain such body. Merely see to it that rules
Revenue Allotment. are followed. They can’t lay down rules mar have the discretion to modify or replace them.

Peso depreciation
The President may interfere in local fiscal matters provided the following requisites are met:

1. an unmanaged public sector de︎cit of the national government;

2. consultations with the presiding offi︎cers of the Senate and the House of Representatives
and the presidents of the various local leagues;

3. the corresponding recommendation of the secretaries of the Department of Finance,

Interior and Local Government, and Budget and Management.

4. any adjustment in the allotment shall not be less than thirty percent (30%) of the collection
of national internal revenue taxes of the third fiscal year preceding the current one.

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Kilusang Bayan sa New Muntinlupa An administrative of︎ficer has only such powers as are expressly granted to him and those
Paglilingkod ng mga Public Market, Board necessarily implied in the exercise thereof. These powers should not be extended by
Magtitinda ng Bagong of Directors illegally implication beyond what may be necessary for their just and reasonable execution.

Pamilihang Bayan ng removed by Secretary

Muntinlupa Inc., v of Agriculture Control include only the authority to:

Dominguez 1. act directly whenever a specifi︎c function is entrusted by law or regulation to a subordinate;

2. direct the performance of duty; restrain the commission of acts;

3. review, approve, reverse or modify acts and decisions of subordinate officials or units;

4. determine priorities in the execution of plans and programs; and

5. prescribe standards, guidelines, plans and programs

Administrative supervision is limited to:

1. generally oversee the operations of such agencies and insure that they are managed
effectively, ef︎ficiently and economically but without interference with day-to-day activities;

2. 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. take such action as may be necessary for the proper performance of offi︎cial functions,
including recti︎fication of violations, abuses and other forms of mal-administration;

4. review and pass upon budget proposals of such agencies but may not increase or add to
them.

The authority of the Secretary of Agriculture under PD 175 to supervise and regulate
cooperatives does not include the power to remove the directors and officers of cooperatives.
The power to summarily disband the board of directors may not be inferred from any of the
foregoing as both P.D. No. 175 and the by-laws of the KBMBPM explicitly mandate the
manner by which directors and offi︎cers are to be removed. The Secretary should have known
better than to disregard these procedures.

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