ADMINISTRATIVE AGENCIES

I. DEFINITION:
 Body endowed with quasi-legislative and quasi-judicial powers for the
purpose of enabling it to carry out the laws entrusted to it for enforcement
or execution
 Regarded as an arm of the legislature in promulgation of rules
 Loosely considered as court bec it performs a particular judicial character

II. AGENCY (Administrative Code)

a) any department, bureau, office, commission, authority, or officer of the
National Government authorized by law or executive order to make
rules, issue licenses, grant rights or privileges and adjudicate cases;
b) research institutions with respect to licensing functions;
c) government corporations with respect to functions regulating private
right, privilege, occupation or business;
d) and officials in the exercise of disciplinary powers as provided by law

III. GOVERNMENT INSTRUMENTALITY

 Any agency of the National Government not integrated within the
department framework, vested with special function or jurisdiction by law,
endowed with some if not all corporate powers, administering special
funds and enjoying operational autonomy, usually through a “charter”

IV. DEPARTMENT
 Executive department created by law
 Includes instrumentality having or assigned the rank of a department,
regardless of its name or designation

V. BUREAU
 Any principal subsidiary of any department

VI. OFFICE
 Any major functional unit of a department or bureau, including regional
offices
 Any position held or occupied by individuals whose functions are defined
by law or regulation

VII. AUTHORITY
 Used to designate both incorporated and non-incorporated agencies or
instrumentalities of the government

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VIII. CHARTERED INSTITUTION
 Agency organized or operating under a special charter and vested by law
with functions relating to specific constitutional policies or objectives
 “charter”- refers to the law which created it

IX. GOVERNMENT OWNED AND CONTROLLED CORPORATION

 Any agency organized as a stock or non-stock corporation, vested with
functions relating to public needs whether governmental or proprietary in
nature,
 owned by the Government of the Republic of the Philippines, directly or
through its instrumentalities either wholly or, where applicable as in the
case of stock corporations, to the extent of at least a majority of its
outstanding capital stock
 must meet the test of economic viability
TYPES OF GOCCs:
a. GOVERNMENT FINANCIAL INSTITUTIONS (GFIs)
 Financial institutions or corporations in which the government
directly or indirectly owns majority of the capital stock
 Either: i. registered with or directly supervised by the Bangko
Sentral ng Plilipinas; or ii. Collecting or transacting funds or
contributions from the public and places them in financial
instruments or assets, such as deposits, loans, bonds and equity
 Examples: GSIS, SSS

b. GOVERNMENT INSTRUMENTALITIES w/ CORPORATE POWERS

(GICP)/GOVERNMENT CORPORATE ENTITIES (GCE)
 Neither corporations nor agencies, integrated within the
departmental framework but vested by law with special functions or
jurisdiction, endowed with some if not all corporate powers,
administering special funds, and enjoying operational autonomy,
usually through a charter
 Examples: PPA, PDIC, MWSS. LLDA, BCDA, LWUA

c. NON-CHARTERED GOCC
 Organized and operating pursuant to the Corporation Code

X. GOVERNMENT CORPORATE ENTITIES

 Government instrumentality exercising corporate powers but not organized
as a stock or non-stock corporation
 Examples: MIAA, UP

ADMINISTRATIVE AGENCIES
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 ADMINISTRATIVE RELATIONSHIPS
o The President shall have control of all the executive departments, bureaus and
offices (Admin Code, Book III, Title I, Chap I, Sec I)

A. SUPERVISION AND CONTROL

 Includes authority to act directly whenever a specific function is entrusted
by law or regulation to a subordinate;
 Direct the performance of duty;
 Restrain the commission of acts;
 Review, approve, reverse or modify acts and decisions of subordinate
officials or units;
 Determine priorities in the execution of plans and programs
 Prescribe standards, guidelines, plans and programs

B. ADMINISTRATIVE SUPERVISION
 Govern the administrative relationship between a department or its
equivalent and regulatory agencies or other agencies as may be provided
by law
 Limited to the authority to:
a) Generally, oversee the operations and to ensure that they are
managed effectively, efficiently and economically but without
interference with day-to-day activities;
b) 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;
c) To take such actions as may be necessary for the proper performance
of official functions, including rectifications of violations, abuses and
other forms of maladministration;
d) Review and pass upon budget proposals of such agencies but may not
increase or add to them

 Exclusions:
a) Appointments and other personnel actions;
b) Contracts entered into by the agency in the pursuit of its objectives;
c) The power to review, revise, or modify the decisions of regulatory
agencies in the exercise of their regulatory or quasi-judicial functions

C. ATTACHMENT
 has a larger measure of independence from the Department to which it is
attached than that which is under A or B
 merely involves lateral relationship

ADMINISTRATIVE AGENCIES
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  merely for policy and program coordination

CREATION & ABOLITION

I. Constitution
-they cannot be abolished by the Legislature
-intended to insulate them from political pressure and influence
-they promulgate their own rules and regulations

AGENCY CONSTITUTIONAL PROVISION

Civil Service Commission (CSC) Art. IX-B
Commission on Elections (COMELEC) Art. IX-C
Commission on Audit (COA) Art. IX-B
Commission on Human Rights Art. XIII, Sec 17
Commission on Appointments Art. VI, Sec 18
Senate Electoral Tribunal (SET) Art. VI, Sec 17
House of Representatives Electoral Tribunal (HRET) Art. VI, Sec 17
Judicial and Bar Council (JBC) Art. VIII, Sec 8
Office of the Ombudsman Art. IX, Sec 5
National Economic and Development Authority (NEDA) Art. XII, Sec 20
Agency on Cooperatives Art. XII, Sec 15
Independent Central Monetary Authority Art. XII, Sec 20
National Language Commission Art. XIV, Sec 9
National Police Commission Art. XVI, Sec 6
Consultative Body on Indigenous Cultural Communities Art. XVI, Sec 12

 Constitutional Commissions:
- CSC, COA and Comelec
- They enjoy fiscal autonomy

II. Law/Statute
-how most agencies are created
-legislature can amend or repeal its charter

III. Executive Orders

-issued by the President

POWER TO REORGANIZE
 President has the power to reorganize the offices and agencies in the
EXECUTIVE DEPARTMENT in line with his constitutionally granted powers of
control over executive offices and by virtue of previous delegation of the
legislative power to reorganize executive offices under existing rules

ADMINISTRATIVE AGENCIES
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