Administrative Law –POLICAL LAW AND PUBLIC INTERNATIONAL LAW

Administrative law -- branch public law which fixes the organization of the government, determine the
competence of administrative authorities, and indicates to the individual the remedies for the
violation of his rights. (NACHURA, Outline Review in Political Law, (2016), p.493)

Kinds/sources of 1. Constitutional or statutory enactments creating administrative bodies;

Administrative 2. Decisions of courts interpreting the charters of administrative bodies;
law: 3. Rules and regulations issued by administrative bodies in pursuance of the purposes for
which they are created; and
4. Determinations, decisions, and orders of the administrative bodies in the settlement of
controversies arising in their respective fields (NACHURA, Outline Review in Political Law,
(2016), p.493)

Administrative -- a body endowed with quasi-legislative or quasi-judicial powers, or both, for the purpose of
agency enabling to carry out the laws entrusted to it for enforcement or execution. (CRUZ. Supra 12)

Types of 1) Administrative bodies that grant privileges;

Administrative 2) Administrative bodies carrying out the actual Business of government;
agencies 3) Business service for the public;
4) Administrative bodies for regulation of private business affected with public interest;
5) Administrative bodies for regulation of private business and individuals under police
power;
6) Administrative bodies for the adjudication of individual controversies because of some
strong social policy;
7) Administrative bodies making the government a private party;
8) Administrative agencies that adjudicate and decide Election contests;

Government- -- refers to any agency organized as a stock or non-stock corporation, vested with functions
Owned or relating to public needs whether governmental or proprietary in nature, and owned by the
Controlled Government of the Republic of the Philippines directly or through its instrumentalities either
Corporation wholly or, where applicable as in the case of stock corporations, to the extent of at least 51%
(GOCC) of its outstanding capital stock. (REVISED ADMINISTRATIVE CODE, Introductory
Provision, Sec. 2 par.13)

Regulatory agency  -- refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicate
matters affecting substantial rights and interests of private persons, the principal powers of
which are exercised by a collective body, such as a commission, board or council.
(REVISED ADMINISTRATIVE CODE, Introductory Provision, Sec. 2 par.11)

Chartered -- refers to any agency organized or operating under a special charter, and vested by law with
institution  functions relating to specific constitutional policies or objectives. This term includes the state
universities and colleges and the monetary authority of the State. (REVISED
ADMINISTRATIVE CODE, Introductory Provision, Sec. 2 par.12)  

MANNER OF ORGANIZATION OF ADMMINISTRATIVE BODIES OR AGENCIES:

1. Creation
2. Reorganization
3. Abolition
4. Deactivation
1. Creation

GENERAL RULE: The creation of public office is primarily a legislative function

EXCEPTION: Offices created by the Constitution (Eugenio vs. CSC, G.R. No. 115863, March 31, 1995)

JURISPRUDENCE:

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Administrative Law –POLICAL LAW AND PUBLIC INTERNATIONAL LAW

a) Creation of administrative agencies by authority of law is done through delegation by Congress of the power to
create positions. Thus, reorganization statutes may authorize the President to create, abolish, or merge offices in the
executive department. The creation of such agencies may be decreed for instance, through an executive order issued
by the President, or an order of an administrative agency such as CSC. (Secretary of DOTC vs. Mabalot, G.R. No.
138200, February 27, 2002)

2. Reorganization
Reorganization -- a process of restructuring the bureaucracy’s organizational and functional set-up to make it
more viable in terms of economy, efficiency, and effectiveness, and make it more responsive to
the needs of its public clientele as authorized by law. (Sinon vs. CSC, G.R. No. 101251
November 5, 1992)
Nature of It takes place when there is an alteration of the existing structure of government offices or units
reorganization: therein, including the lines of control, authority, and responsibility between them. It involves
reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or
redundancy of functions. (Pichay vs. Executive Secretary, G.R. No. 19645 July 24, 2012)
How effected: 1) If the administrative body was created by the Constitution itself, it can be altered only by
Constitutional amendment.
2) If the administrative body was created by a law, it may be reorganized pursuant to said law
providing for its establishment or another law authorizing said reorganization. (CRUZ, supra 25)
3) The President shall have the continuing authority to reorganize the administrative structure of
the Office of the President (REV. ADMMIN. CODE, Book III, Title III, Chapter 10, Seection 31)
Test of validity Reorganizations in this jurisdiction have regarded as valid provided they are pursued in good
of faith. Reorganization is carried out in good faith. Reorganization is carried out in good faith if it
reorganization is for the purpose of economy or to make bureaucracy more efficient. (Buklod ng Kawaning EIIB
vs. Hon Executive Secretary, G.R. No. 142801-802 July 10, 2001)

Circumstance No officer or employee in the career service shall be removed except for a valid cause and after
which maybe due notice and hearing. A valid cause for removal exists when, pursuant to a bona
considered as fide reorganization, a position has been abolished or rendered redundant or there is a need to
evidence of bad merge, divide, or consolidate positions in order to meet the exigencies of the service, or other
faith: lawful causes allowed by the Civil Service Law.

The existence of any or some of the following circumstances may be considered as evidence of
bad faith in the removals made as a result of reorganization, giving rise to a claim for
reinstatement or reappointment by an aggrieved party:

(a) Where there is a significant increase in the number of positions in the new staffing pattern of
the department or agency concerned;

(b) Where an office is abolished and another performing substantially the same functions is
created;

(c) Where incumbents are replaced by those less qualified in terms of status of appointment,
performance and merit;

(d) Where there is a reclassification of offices in the department or agency concerned and the
reclassified offices perform substantially the same functions as the original offices;

(e) Where the removal violates the order of separation provided in Section 3 hereof. (SEC. 2 AN
ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE OFFICERS AND
EMPLOYEES IN THE IMPLEMENTATION OF GOVERNMENT REORGANIZATION
REPUBLIC ACT NO. 6656)

Delegated Power of the President to Reorganize under the Revised Administrative Code

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Administrative Law –POLICAL LAW AND PUBLIC INTERNATIONAL LAW

Under Section 31(1) Under Section 31(2) and (3)

SCOPE
Power to reorganize the internal organization of the Power to reorganize the Office of the President outside
Office of the President Proper. the Office of the President but still within the Office of
the President.

Manner of Organization
By abolishing, consolidating, or merging units, or by Limited to merely transferring functions of agencies
transferring functions from one unit to another. from the Office of the President to Department,
Agencies, and vice versa. (Domingo vs. Zamora, G.R.
No. 142283 February 6, 2003)

PURPOSE OF DISTINCTION
The distinction is crucial as it affects tenure of employees. The abolition of an officer in good faith necessarily
results in the employee’s cessation in office, but in such event, there is no dismissal or separation because the office
itself ceases to exist. On the other hand, the transfer of functions or agencies does not result in the employee’s
cessation in office because his office continues to exist although in another department, agency, or office. (Domingo
vs. Zamora, G.R. No. 142283 February 3, 2003)

3. Abolition
MANNER OF GENERAL RULE:
ABOLITION An administrative agency may only be abolished by the same mode it was created.
(ALBANO, Political Law Reviewer, 2014, pg. 698)

EXCEPTION:
As far as bureaus, agencies or offices in the executive department are concerned, the
President’s power of control may justify him to inactive the functions of a particular
office, or certain laws may grant him the broad authority to carry out reorganization
measures (Bagaosan vs. National Tobacco Administration, G.R. No. 152845 August 5,
2003)

TEST OF VALIDITY In order for the abolition of public offices to be valid, it must be made in good faith, not
OF ABOLITION for political or personal reasons, or in order to circumvent the constitutional security of
tenure of civil service employees. (Canonizado vs. Aguirre, G.R. No. 133132, January 25,
2000)

4. Deactivation of Administrative Agencies

Deactivation of
Administrative Agencies
Deactivation and abolition
distinguished
-- means to render inactive or ineffective or to break up by discharging or reassigning
personnel (Buklod ng Kawaning EIIB vs. Hon. Executive Secretary, G.R. No.
142801 July 10, 2001)
Bot

Abolition vs. Deactivation

Both are reorganization measures

The office cease to exist; The office continues to exist, albeit remaining dormant
or inoperative (Buklod ng Kawaning EIIB vs. Executive
Secretary, G.R. No. vs. Executive Secretary, G.R. No.
142801 July 10, 2001)

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