A.

STRUCTURES AND PROCESSING IN THE PAS

I. Provisions in the Constitutions
What Is a Constitutional Provision?
Any law that has not been derived from statutory or common law, but instead is contained within
the founding laws, is considered a constitutional provision.

Constitutional Provisions Meaning:

A constitutional provision is a specifically designated rule/law within a nation or state’s constitution.
Provisions cannot be changed through court or common law, regardless of the circumstances that
may arise.

Amending Constitutional Provisions:

In almost all situations, constitutional provisions cannot be amended, altered or removed. Some
exceptions exist, however. According to this amendment process, specific rules must be followed as
outlined in the Constitution itself.
For a constitutional provision to be amended, it must be approved (also known as  ratified) by two-
thirds of the Congress (in both the House and the Senate). Then, it needs to be ratified by the states.
At least three-fourths of the states must agree to the amendment in a vote. The idea behind making
the amendment process so difficult is to make it very difficult to change the foundational laws of the
country.
II. Summary of EO 292
III. Interdisciplinary Interface of Public Administration Law

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 IV. PAS definition
A Definition
• PAS refers to a network of organizations with specific rules and goals, structures, resources and
programs.
• It includes the internal processes of and the interaction between and among public
organizations, which are constituted to implement, help formulate, monitor or assess public
policies.
• PAS refers to the executive branch and all offices and instrumentalities thereof; local
governments, government-owned or controlled corporations, and chartered institutions as well
as colleges and universities. Each of these public institutions has five elements common to most
organizations in that they have goals, structures, resources, policies, and programs
• Public Philippine Administration socio-political and economic environment system covers the PA
relationship with its immediate public in contact, as well as the Philippine Administration’s
reactions to or how it is affected b the greater socio-political and economic environment within
which it operates.

Public Administration Definition

Raul P. De Guzman - 1993
- It i the process and contents of implementing public policies and programs
- It is cooperative human action whether within the public bureaucracy, the private sector, or in
NGOs aimed at delivering services to the people.
V. Philippine Administrative System (PAS)

PAS empowers people:

1. Institutionalizes access to PAS services;
2. Decentralizes and makes operations transparent;
3. Listens and works with people;
4. Procedures should be made simple and local language should be used.

VI. COMPONENTS OF PAS -5

1. Public organization - legal mandates, major functions and structures, etc.
2. Internal procedures and interactive efforts - perform public functions thru defined rules and
procedures internal to the organization
3. Responsible for implementing public policies – formulated jointly by the legislative and
executive branches
4. Conscious of the different kinds of clientele that it deals with socio-political, economic
environment
5. PAS as part of the bigger social system with competing claims to limited resources and,
institutions play a role in determining the utilization of resources
First Component: Public Organization
• These organizations are usually created by laws, which defines their purpose, their core
structure, the functions that they to undertake and how their operations are to be funded by
public funds.
• Given their legal mandates, their major functions, and the structure through which they
implement their major programs and projects, each of these component units of the PAS are
organization which are self-contained subsystem in themselves.
Second Component: Internal Processes and Interactive Efforts

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 • This simply means that each of these organizations perform their public functions through
defined rules and procedures.
• They are designed and established as the best way of providing the service the organizations
must deliver or if carrying out the function that they must fulfill.
Third Component: Implementing, Help Formulating, and Assessing Public Policies
• Its primarily responsible for implementing public policies formulated jointly by legislative and
the executive branches.
• Aside from implementing and helping formulate policies, the PAS also monitors or access public
policies.
Fourth Component: Individual, Groups, Organizations, and Communities as Its Public/Clientele
• a public organization may be dealing with individuals, groups, private or other public
organization, communities or even other countries as its “public-in-contact’
Fifth Component: The Greater Socio-Politico and Economic Environment
• PAS is part of bigger social system where there are competing claims to limited resources and
institutions play role in determining how these resources will be utilized.

VII. SOURCES OF POWER

 Instrument of the state - government functions are exercised legitimately, supported by
enabling state policies and authority
o Public bureaucracy derives its power from its being an arm of the state.
o It is the machinery through which the functions and the authority of the government
are exercised nationwide.
o It is fully supported by laws and state policies that legitimize its authority and functions.
o Power of eminent domain. The exercise of government power where the public interest
so requires, expropriate private land fro public use, provided government observes the
requirements of due process.
 Enforcer and implementer of public policy- discretion in policy
o PAS as law enforcement arm and policy implementer
o PAS has discretion as to how it carries out policies and enforces the law as set forth by
the executive and legislative branches of government
 Service delivery system - discretion to determine quantity, quality, adequacy and timeliness of
services it provides
o PAS utilizes its authority, structure, and resources to produce specific services that it
provides to specific groups of clients. (e.i. education, health, infrastructure, etc)
o PAS exercises discretion on the quantity, quality, adequacy and timeliness of the service
it provides.
 Participant in the policy formulation process - advice is sought on legislation and policy-making
o PAS participation in the policy formulation stems largely from its role as enforcer and
implementer and technical expertise
o PAS exerts influence on the policymaking process as it provides significant policy inputs
that policymakers must consider when they decide on crucial policy issues
 Technical expertise - professional training of civil servants in areas of competence on policy
issues
o PAS has its accumulated technical expertise that deals with myriad and complex issues
that government must address
o Civil servants are hired for their professional training in their areas of competence

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 o Its capacity to generate, use and control technical information which are inputs in the
provision of services or in the production of more information is another source of
power of PAS
 Nationwide presence - expansive reach to mobilize support for programs all over the country
o PAS having a wide base of operations, including offices, personnel, and other logistics,
that it can easily utilize for any of its organized activities

VIII. CAPABILITY BUILDING

- Refers to the “building of people-based structures and institutions which is the real
essence of the concept. It means enabling people to organize themselves around
common needs and to work together towards common ends. It is addressed to policy
makers, programs implementer, and program beneficiary.”
IX. STAGES OF CAPABILITY BUILDING PROCESS

Problem identification

Objective Setting

Program Planning

Structure building

X. PAS STRUCTURE:
1. Constitutional bodies:
o Constitutional commissions - Civil Service Commission (CSC), Commission on Audit
(COA), Commission on Elections (COMELEC)
2. Constitutionally created/mandated special bodies: Commission on Human Rights (CHR) and
Office of the Ombudsman

1. Executive Departments: Sagisag ng Pangulo ng Pilipinas and Sagisag ng Pangalawang Pangulo ng

Pilipinas

Legislative Branch: Senate of the Philippines and House of Representatives

Judicial Branch: Supreme Court, Court of Appeals, Sandigan Bayan, Court of Tax Appeals, and
Judicial and Bar Council
2. Government Owned Companies or Corporations (GOCCs) (wholly-owned or at least 51%)
3. Chartered institutions (created by law)
4. LGUs

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A. Constitutional bodies- institutions whose existence are specifically provided for in the 1987
constitution
CSC
COA
COE

Other Bodies:
A. Commission on human rights
B. Commission on Appointments
C. Office of the Ombudsman
B. SPECIAL AGENCIES/OFFICES
 Metro Manila Development Authority
 National Anti-Poverty Commission
 National Youth Commission (R.A. 8044 - Youth in Nation Building Act)
 Council for the Welfare of Children (R.A. 8980 - ECCD Law - December 2000) - now with
DSWD
 Office of Muslim Affairs (E.O. 222-A - June 30, 1987)
 National Commission on Indigenous People (R.A. 8371-IPRA law - October 29, 1997) -
attached to Dar
 National Nutrition Council (PD 491 - June 25, 1974) - attached to DSWD, then DA, then
DOH
 Agno River Basin Development Commission (abolished by E.O 357)

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 C. LOCAL GOVERNMENT UNITS - TERRITORIAL AND POLITICAL SUBDIVISION OF THE STATE
A. 1 Metropolitan Government
B. Regions - BARMM (Lanao del Sur, Maguindanao, Sulu, Basilan, Tawi-Tawi, and the City of
Marawi)
C. 1 Special Administrative region
D. Provinces (80+)
E. Cities (140)
F. Municipalities (1,494)
G. Barangays (42,027)

Note: For the purpose of administration and development planning, the Philippines is
divided into 17 administrative regions. In each regional capital, the 26 departments of the
national government have their regional offices

Source of this data

The following political units have been created:
 Metropolitan Manila Development Authority (MMDA)
 ARMM
 Cordillera Administrative Region (CAR)

XI. ADMINISTRATIVE RELATIONSHIPS

If an office is under the supervision and control of another unit, it means that the higher office:
- Has authority to act directly, whenever specific function is entrusted b law or regulation to a
subordinate
- Directs the performance of a duty
- Restrains the commission of acts
- Reviews, approves, reverse or modified acts or decision of subordinate officials and units
- Determines priorities in executing plans and programs
- Prescribes standards, guidelines, plans and programs

XII. LOCAL GOVERNMENT FUNCTIONS

Local governments have four major categories of functions:
 Efficient service delivery;
 Management of the environment
 Economic development;
 Poverty alleviation

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 XIII. FOUR TYPES OF ACCOUNTABILITY

Types of Accountability

Individual Accountability

Accountability of Administrators

Political Accountability

Accountability of National Leaders

Four Types of Accountability

1. Individual Accountability - public employees are answerable for the responsible, efficient and effective
performance of their tasks.
2. Accountability of Administrators - for their stewardship of the administrative authority, resources and
information placed at their disposal as leaders of public organization.
3. Political Accountability - of institutions that must answer for their organizational mandate and
functions, particularly as the form part of the incumbent government strategy for national dvelopment.
4. Accountability of National Leaders - elected national leadership must answer for the performance in
pursuing their programs of government and their use of national resources, given the authority, power
and resources vested in them by their constituency.

XIV. GOVERNMENT REORGANIZATION

- Planned deliberate efforts to systematically alter the existing organizational structure usially for
the purpose of achieving government objectives with more economy, efficiency and
effectiveness

XV. THREE PHASES OF GOVERNMENT REORGANIZATION OF LAW

1. Pre-planning or reorganization:
a. How reorganization is initiated;
b. Who is the authority vested with reorganization;
c. Setting goals and tasks;
d. Defining the powers to reorganize and outline the scope;
e. Setting resource
2. Preparation of reorganization proposals:
a. Constituting the reorganization bod;
b. Preparing the reorganization proposals;
c. Recruiting support and staff;
d. Creating information base for preparation of proposals

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 3. Final stage
- The passage of a law that grants the authority to implement the reorganization process

XVI. THE BUDGET CYCLE

1. The Budget Cycle Budget Preparation
(DBCC, agencies)
2. Budget Approval Accountability
(Congress) (agencies, COA)
3. Budget Process Budget Execution
(agencies)

BUDGET PROCESS

1. BUDGET PREPARATION
- Budget parameters is determined by the Department Budget Coordination Committee (DBCC)
composed of DBM, NEDA, DOF, BSP, and OP
2. Budget validation and confirmation
3. Budget Approval: Execution and Accountability

XVII. TOP 10 DEPARTMENTS (JANUARY 2020)

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