Happy Angel Day daw

Meow rororor

Tuesday - 02222022
TWOSDAY

gak
Edi woa

The coconut nut is a giant nut if you eat too much you go very fat now the coconut nut is a big
big nut

(for REAL na hahaha)

Lecture only, asynch on thursday (NAYS)

What is an administrative agency?

It is a government body charged with administering and implementing particular legislation

It includes any department, independent establishment, commission, administration, authority,

board, or bureau

Example ng Department: DOLE

Example ng Commission: workers and compensation commission
Example ng Administration: Land authority administration
Example ng Board and bureau: BIR

What is the administrative function of these agencies?

Involves regulation and control over conduct or affairs of individuals for their own welfare and for
promulgation of rules and regulation to better forward rights

Public office (admin agency) because it has rights, authorities, and duties created and conferred
by law.

Reasons why we need administrative agencies?

-Reasons for creating is the need for specialized administrative boards or commissions which
have the special knowledge and experience and capability to hear and determine disputes on
essentially factual matters subject to judicial review in case of abuse of discretion
-Administrative bodies are created because of growing complexity in the modern society so, it
became necessary to create more and more administrative bodies to regulate certain activities
-These administrative bodies are assigned with particular fields of specialization
-Specialization means that these bodies can deal with the problems because they are equipped
with the expertise so they can deal and dispatch cases within such.
-I.e. BIR was created to have a field in taxation. All collections and rules and regulations with
respect to taxation are exercised by the BIR. They are identified as a special agency.
-Securities and Exchange Commission created to regulate all corporations which are private in
nature

Different types of admin agencies

- SSS (private)
- Government securities insurance system GSIS (public)
Agencies offering certain gratuities or grants covered by their agencies
BIR, LRA, BoC, BoI are also created to carry out certain functions of government
BIR- taxes
LRA- land titles
BoC- items sent from abroad
BoI- regulates aliens coming to the country
Bureau of Post, PNR and Water Systems- Government performing business services for the
public
LTFRB
Energy regulation board (ERB)- energy related as it affects the public.
HLURB for housing and land use- abuses on housing projects. Housing projects affect the
public.
MTRCB (Movie Television Review and Classification Board) lol
NLRC - National Labor Relations Commission
ECC- employee comp[ensation comm→ employees compensation
DAR- Department of Agrarian Reform → Distribution of agricultural land for beneficiaries
CoA- Commission on Audit→ Audit different government agencies

~Businesses regulated since they have public interest like electric, transport, water, etc)
-If no regulation and left to private companies, there can be abuse in the services provided
-Agencies are exercising state police power
-Social policy of the government where NLRC is about business and Labor, ECC is on
employees, DAR is distribution of agricultural lands, CoA to audit diff gov agencies

How was it created and abolished?

-By the legislative body (congress in short). Both in the creation and authority to abolish
- They determine necessity but cannot just create and create. There should be a determination
before the creation of the law for the body.
-Even if under executive department, president cannot abolish agencies

Who has the power of control, supervision and investigation of these different
administrative agencies? It is the President, because of being inside the executive
department of the state and the executive power is vested on the President of the Philippines.

What is the Power of Control of the President with respect to diff agencies?
-Power to nullify, modify, alter, or set aside decisions of these administrative agencies being
subordinate to the president. Basis: Section 17 Article 7 of 1987 constitution.
“Section 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.”

Agencies created by congress through a law. That law should provide what rule making or
adjudicatory functions these agencies are conferred with.
-If law is silent, the control will always be with the President.
-If very explicit and clear who will exercise, The president will only have the power to supervise
-Difference: supervision is power to see to it that laws are faithfully executed and cannot control
the agency by altering the rules and regulations set up by the agencies. (rule making power of
administrative agencies should be respected when delegated)

Doctrine in connection with power is qualified political agency doctrine

-As a rule, the different departments as represented by secretaries are alter egos of the
president.

What do you mean when you say “alter ego of the president”?
-Exercising the same power and functioning as the representative in person and in power
delegated or given for the purpose. Presumption that the acts of the secretaries are the acts of
the president.
-Acting in behalf of the president as if the president did said action.

Is there a limitation on Power of Control?

-There is a limitation
-Does not include abolishment or creation of executive offices for the administrative agencies.
Only congress has that power.
-Cannot suspend or remove carrere executive officials or employees without due process of law.
-Cannot set aside decisions of quasi-judicial agencies. Decisions of quasi-judicial agencies must
be respected and should be appealed. If BIR local, then appeal to commissioners in BIR.

Power of Review of executive officers and their powers

-Refers to subordinates
-With respect to admin agencies, we have to look at the law creating it. If provided, the power is
to who is stated. Otherwise, go to the courts.
-President has the power to supervise the actions made by the admin agencies.

Doctrine of Separation of Powers

“power is equally divided among its three branches: executive, legislative, and judicial”
What is the purpose? Check and balances and transparency. That the government is not
concentrated in one department. If it does happen that power is concentrated, it leads to
abuses.
Three different powers of the Government that are governed by the doctrine of
separation of powers
-Executive Power
-Legislative Power
-Judicial Power

Executive is on implementation and the power is vested on the president

Legislative is on enactment of laws for the people and the power is vested on the congress
Judiciary is on interpreting and reviewing the law and whose power is vested on the courts
which has the SC as the highest

Does the Doctrine of Separation of Powers prohibit collaboration?

-No. It only prohibits the concentration of specific powers.
-The doctrine defines that powers are not a prohibition on collaboration as the functions
complement with each other. The different powers require the check and balances of each other
-in terms of working, they should be within the confines of their respective powers

Example: SONA of President

During SONA, one part where the president messages the legislative on the priority legislations
to be made. It does not follow that the president cannot call legislative on matters requiring
implementation of the law.
Same thing on Judiciary, if there needs to be amendments, they can ask the legislative body to
amend the law in order to complement whatever the present needs are there.
Legislative can also call both bodies with respect to matters affecting rule-making power of the
legislative.

Doctrine of Non-Delegation of Powers

“This rule which follows as a necessary corollary of the doctrine of separation of powers
prohibits the delegation of legislative power, the vesting of judicial officers with non-judicial
functions, as well as the investing of non-judicial officers with judicial powers. Any attempt at
such delegation is unconstitutional and void.”
As a general rule: they cannot delegate the power which was conferred upon them.
~based on the maxim of potestas delegata non potest delegari

P.s. i found her source. De Leon bhie exact sa process mismo

WOAH *claps*
Bakong si last meeting na yan?
Yes marami siya inulit from last meeting
~Congress got the power of legislation from the constitution where it states their powers and
composition just as how it has from the judiciary and the executive. With respect to
administrative agencies, they also have conferred powers from the law creating them.

Are there exceptions?

None. If what is planned to delegate is to carry out legislative policy, it can be delegated. If
powers to create rules, it cannot be delegated. If it involves determination on what law shall be,
congress cannot delegate that to any other body. Only ascertaining facts and circumstances on
how the law will be applied.

BIR rule making violation of the doctrine? It’s not a violation because said power is only for
the purpose of carrying out the tax laws and it’s not the BIR who determines what tax laws are
to be passed. In short, implementation only rules.

SEATWORK: 2 cases on next meeting (wao 2 daw)

Reminders: Make it short and limit the issues involving only the topics discussed.
1. Eugenio vs CSC 243 ScRA 296
https://lawphil.net/judjuris/juri1995/mar1995/gr_115863_1995.html
2. Marcos vs Manglapus 177 SCRA 668
https://www.lawphil.net/judjuris/juri1989/oct1989/gr_88211_1989.html
3. Carpio vs Executive Secretary 206 SCRA 290
https://www.lawphil.net/judjuris/juri1992/feb1992/gr_96409_1992.html
4. Mondano vs Silvosa 97 Phil Reports 143 (1955)
https://lawphil.net/judjuris/juri1955/may1955/gr_l-7708_1955.html
5. 1 case in relation to doctrine of separation of powers or non-delegation of powers (own
choice) (most recent pls) (one topic one case lang ah reminder) (case digest)

WE WILL SEE EACH OTHER ON MARCH 1 ._.

…
FOTA HAHAHA PEYMUS MAYONG PA GOODNIGHT HAHAHAHAHA

“You are what you eat” YAAAAY

Bu ko na

Sksksksksks tungka na ako

Mood ko kang nakaagi hahahha

Shawrawt tabi kay Ms. Rhoda Elaine Azur HAPPY BEBETIME!!!

WAHOOO SHAWRAWT