Administrative law

Creation, establishment and abolition of

Administrative agencies
Administrative agency, described

An administrative agency is described as a body endowed with

quasi-legislative and quasi-judicial powers to enable it to enforce
laws. It is also described as an organ of government, excluding
legislature and courts, which affects the rights of private parties
either through rule-making and adjudication.

2
Administrative agency, described

Accordingly, administrative
agencies have been created to
protect both private parties and
public interest by assuming direct
control over business management
and social relations, a wide variety
of fields.

3
Administrative agency, described
Administrative agencies are authorized by the
congress to develop and implement regulations
in furtherance of laws and statutes.
-Includes Departments, Agencies, Commission,
Bureaus, Boards, Government Corporations and
committees. Most administrative agencies fall
under the control of the Executive branch.

4
Administrative agency, described
The authority of the President over
administrative agencies depends whether it is:
۞ Executive Agencies- primarily enforces and
executes law.
۞ Independent Agencies- Primarily creates
regulation.

5
✘ Executive Agency ✘ Independent Agencies
○ Head of the Executive Agencies are ○ Heads are not part of the
cabinet members who report Executive’s cabinet; rather they
directly to the president. (ex. exists independently (e.g. GOCCs,
Department Secretaries) SUCs)
○ President either nominate or
appoint individuals to these
positions.
○ Senate must approve this
nomination by majority vote (e.g.
Commission on Appointment)
○ President has complete discretion in
removing these individuals from
their position

6
 1.
The creation

7
Philippine Administrative Agencies
are created by: (1) Constitutional
Provisions; (2) Legislative
Enactment; (3) Autonomous Regions
Enactment; and (4) Local
Government Actions.

8
 1. Creation by a constitutional provision
✘ Each group needs to have a copy of the 1987 Philippine Constitution
✘ Enlist as many Administrative Agencies as you can citing a specific
article and section from the constitution.
✘ Example: Commission on Election (Article IX- C)
✘ More administrative agencies. More group points
✘ Each correct answer shall earn 5 points
✘ Where do you begin? Start to look from Articles VI, VIII, IX, XI, XII,
XIII, XVI

9
 Creation by Constitutional Provision
The 1987 Constitution, Article IX
provides the for the following
Constitutional Commission: (i) Civil
Service Commission; (ii)
Commission on Election; and (iii)
Commission of Audit.

10
 Creation by Constitutional Provision
The Constitution also provides for the creation of the following agencies and
commissions:
۞ Senate Electoral Tribunal (Article VI, Section 17)
۞ House of Representatives Electoral Tribunal (Article VI, Section 17)
۞ Commission on Appointments (Article VI, Section 18)
۞ Judicial and Bar Council (Article VIII, Section 8)
۞ Office of the Ombudsman (Article XI, Section 5)
۞ Economic and Planning Agency (Article XII, Section 9)
۞ Agency on Cooperatives (Article XII, Section 15)
۞ Central Monetary Authority (Article XII, Section 20)

11
 Creation by Constitutional Provision
The Constitution also provides for the creation of the following agencies and
commissions:
۞ Commission on Human Rights (Article XIII, Section 17)
۞ National Language Commission (Article XIV, Section 9)
۞ National Police Commission (Article XVI, Section 6)
۞ Consultative Body on Indigenous Cultural Communities (Article XVI,
Section 12

12
 Creation by legislative enactment
The following are examples of legislative enactments creating administrative
agencies:
o Commonwealth Act No. 613, otherwise known as the Philippine
Immigration Act of 1940, as amended, established the Bureau of
Immigration, an agency which used to be under the DOLE but now
presently attached to the Dept. of Justice pursuant to Executive Order No.
292.

13
 2. Creation by legislative enactment
The following are examples of legislative enactments creating administrative
agencies:
o Certain agencies have also been created by then President Ferdinand E.
Marcos exercising legislative powers during martial law, among them: (a)
Insurance Commission, (b) Professional Regulations Commission; (c)
Games and Amusement Board; and (d) Dangerous Drug Board.

14
 3. Creation by autonomous region’s enactment
✘ Pursuant to the 1987 Constitution, Article X, Section18, Congress passed
Republic Act No. 6734, the Organic Act for the Autonomous Region in
Muslim Mindanao (ARMM) . The legislative assembly of this autonomous
region may create administrative agencies.
✘ Administrative regions are mere groupings of contiguous provinces for
administrative purposes, not for political representation.

15
 4. Creation by Local government action
✘ Within the limits of their authority, local government units may also
create administrative agencies responsible for regulation of peace and
order, issuance of business licenses, fees, and local taxes and ensuring
compliance with engineering and building laws. An example is the Traffic
and Parking Management Office (TPMO)

16
 2.

organization

17
What administrative agency includes?

“Agency” includes-
(i) 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;
(ii) Research institutions with respect to licensing functions;
(iii) Government corporations with respect to functions regulating private
right, privilege, occupation or business; and
(iv) Officials in the exercise of disciplinary power as provided by law.

18
 What are the purposes of administrative
agencies?
(1) To dispense certain privileges accorded by the government;
 Funding public education and the health service may also be mentioned
as additional examples. More recent additions include mass transit
communications, satellite systems, government research and
development programmes, public hospitals and public housing.

19
 What are the purposes of administrative
agencies?
(2) Regulation of business service for the public;
When the government regulates business, its aim is to minimize the negative
impacts of a free economy. In the absence of regulation, business does not respond to
concerns over the environment and consumers. Some of the justifications for
regulation include:
■ To control monopoly power
■ To control excess profit
■ To compensate for inadequate information
■ To compensate for unequal bargaining of powers

20
 What are the purposes of administrative
agencies?
(3) To promote the general welfare through police regulations;
 The provision of police force and other protective services.

(4) To determine rights of individuals in certain cases where a strong

social policy is involved.
 Ex. Indigenous People’s rights

21
 Common types of
administrative agencies
 Common type of administrative agencies

1. Agencies set up to function in situations wherein the government is

seeking to carry on government functions
○ E.g. Bureau of Immigration, CSC

2. Agencies created in situation wherein the government is offering some

gratuity, grant or special privileges
o E.g. Philippine Veterans Administration, National Commission for
Culture and the Arts

23
 Common type of administrative agencies

3. Agencies set up to function in situations wherein the government is

performing some business service to the public. E.g. Bureau of Posts,
Philippine National Railways

4. Agencies created in situation wherein the government is seeking

under the police power to regulate private business and individuals
E.g. SEC, Movie and Television Review and Classification Board

24
 Common type of administrative agencies

5. Agencies set up to function in situations wherein the government is

seeking to adjust individual controversies
because of some strong social policy involved.
E.g. NLRC, Court of Agrarian Relations,
Women and Minors Bureau

25
 Legislative control over administrative agencies
It is the Legislative branch that:
o Promulgates the general policy;
o Creates the agency to administer it if none is already in existence for the
purpose;
o Prescribes the mode of appointment, the term of office and compensation;
o Fixes its authority and procedure;
o Determines the size of its personnel and staff; and
o Exercises continuing surveillance over its activities;

26
 3.
Reorganization and abolition

27
Why administrative agencies are being
reorganized/abolished?

28
Reorganization/abolition
-process of restructuring the bureaucracy’s organizational and
functional set-up, to make it more viable in terms of the economy,
efficiency, effectiveness and make it more responsive to the needs of
its public clientele as authorized by law.
– means used by the legislature to reorganize or abolish
offices, which it may do so by law directly or indirectly by authorizing
an executive department or agency to reorganize the office.

29
 Reorganization/abolition

An Administrative body created by law may be

reorganized pursuant to said law providing for
its establishment or another law authorizing said
reorganization.

30
 Reorganization/abolition

If created by the Constitution itself, the

administrative body can be altered or abolished
only by constitutional amendments.

31
Reorganization/abolition

When the purpose is to abolish a department or an office or an

organization and to replace it with another one, the law-making
authority says so. For instance, Presidential Decree No. 1341, did not
abolish but only changed, the former Philippine College of Commerce
into what is not the Polytechnic University of the Philippines, in the
same way that earlier in 1952, R.A No. 778 had converted what was
then the Philippine School of Commerce into Philippine College of
Commerce.

32
 When an administrative body is..

Created by then Abolished by:

Law providing its

Law establishment or another
authorizing law

Constitutional
Constitution Amendments

33
The power to control is entirely different from the
power to create public offices–
Power to control – inherent in the President
Power to create– either valid delegation from
Congress or Executive to faithfully execute the
laws.

34
Reorganization in Good Faith
Executive Order No. 192, dated June 10, 1987 “Providing for Reorganization of
the Department of Energy, Environment and Natural Resources, Renaming it the
Department of Environment and Natural Resources, and for Other Purposes”, is a
reorganization following a Good Faith. (Whether or not the abolition is valid)

GOOD FAITH- is a basic ingredient for the validity of any government

reorganization. Designed to trim the fat of the bureaucracy and institute economy
and greater efficiency in its operation.

35
Time for case digest!!!
✘ Kapisanan ng mga Kawani ng Energy Regulatory Board v. Barin, 526
SCRA 1
✘ Crisostomo v. Court of Appeals, 258 SCRA 134

How?
✘ FACTS
✘ ISSUE
✘ RULING
✘ CONCURRING OR DESSENTING OPINION

36
 thanks!
Any questions?

37
 Credits
Special thanks to all the people who made and released these
awesome resources for free:
✘ Presentation template by SlidesCarnival
✘ Photographs by Unsplash

38
 SlidesCarnival icons are editable shapes.

This means that you can:

● Resize them without losing quality.
● Change fill color and opacity.

Isn’t that nice? :)

Examples:

39
Extra graphics

40