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Admin Law - CH123. Introductory Power of Admin Agencies and Power of Control Cayabo and Villapanbdo
Admin Law - CH123. Introductory Power of Admin Agencies and Power of Control Cayabo and Villapanbdo
Chapters 1-3
Dhan Jhan Cayabo
Leizl A. Villapando
TOPICS
• Chapter I – Introductory
• Chapter II – Powers of Administrative Agencies
• Chapter III – Power of Control, Supervision and
Investigation
Intended Learning Outcome
• They are not vested with juridical personality distinct from the Republic and endowed by law with some if
not all corporate powers.
ADMINISTRATIVE FRAMEWORK
• The public officers and employees who perform the duties and exercise the
powers in the administrative set-up of the government are compendiously
called “administration”. The term “administration” refers to the
aggregate of those persons in whose hand the reins of government are
from the time being.
CREATION AND ABOLITION OF AGENCIES
• Administrative agencies, boards and commission are public offices. The term “public office”
refers to the right, authority and duty created and conferred by law or enduring at the
pleasure of the appointing power, an individual is invested with some portion of the sovereign
functions of the government, to be exercised by that individual for the benefit of the public.
• A public office refers to either of two concepts, as a functional unit of government, such as
department or bureau or a position held or occupied by individual persons, whose functions
are defined by law or regulation.
• A public office is a public trust or responsibility , and embraces the idea of term, duration,
emoluments, powers and duties. All of them taken together constitute a public office.
CREATION AND ABOLITION OF AGENCIES
• A public office is created by the Constitution or by law or by an officer or
tribunal to which the power to create the office has been delegated by the
legislature.
• The Constitution established offices which perform administrative functions.
• These are the President, he being the Chief Administrative Officer;
• the Constitutional Commission namely:
• the Commission on Election,
• the Civil Service Commissions and the Commission in Audit;
• the Office of the Ombudsman;
• the National Economic and Development Authority;
• the Commission on Human Rights; and the National Police Commission.
CREATION AND ABOLITION OF AGENCIES
The reasons why there has been a need for and a growing number of,
specialized administrative agencies are as follows:
1. To unclog court dockets. To relieve courts of the burden of resolving all
controversies, specialized agencies have been created to hear and decide
particular disputes.
REASONS FOR CREATION OF
ADMINISTRATIVE AGENCIES
2. To meet the growing complexities of modern society. As problems of modern society multiply,
which can hardly be met by the legislature, administrative agencies are established to promptly
cope up with such problems.
4. To entrust to specialized agencies in specified fields with their special knowledge, experience,
and capability the task of dealing with problems thereof as they have the experience, expertise and
power of dispatch solutions.
CLASSIFICATIONS
• The basic corollary principles of the allocation of powers into legislative, judiciary and
executive, are the separation of power and the system of checks and balances among
them, designed to prevent concentration of powers.
• As a rule, 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.
• While no one branch is not to invade the domain of the other, no one branch can act
without any participation or check from the other branches, which the Constitution
recognizes and permits.
Powers of Administrative Agencies
• Settled is the rule that jurisdiction to hear and decide cases, which
involves the exercise of adjudicatory power, is conferred only the
Constitution or by statute. It cannot be conferred by the Rules of Court.
• Jurisdiction over subject matter must exist as a matter of law and cannot
be fixed by agreement of the parties, acquired through or waived, enlarged
or diminished by, any act or omission; neither can it be conferred by
acquiescence of the tribunal.
• Jurisdiction cannot be implied from the language of the statute, in the absence of a
clear legislative intent to that effect. If the language of the law is clear as to the scope
of jurisdiction granted, it cannot be construed to include that which is not conferred.
• The Insurance Code, for instance, grants the Insurance Commissioner the power to
adjudicate claims and complaints not exceeding one hundred thousand persons in
any single claim, excluding interest, cost and attorney’s fees, involving any loss,
damage or liability for which an insurer may be answerable under any kind of policy
contract for insurance.
MINISTERIAL AND DISCRETIONARY POWERS
MINISTERIAL POWER
• A ministerial duty is one which is so clear and specific as to leave no room for
the exercise of discretion in its performance.
• A purely ministerial act of duty, in contradistinction to a discretionary act, is one
which an officer or tribunal performs in a given state of facts, in a prescribed
manner, in obedience to the mandate of legal authority, without regard to the
existence of is own judgement, upon the propriety or impropriety of the act
done.
• The distinction between ministerial and discretionary powers or duties is
important to determine what remedy may be availed of by an aggrieved
party against the non performance of duty by the officer.
• If the duty is ministerial, mandamus may lie to compel performance; if the
duty is discretionary, a petition for certiorari may lie where there is grave
abuse of discretion amounting to lack of jurisdiction on the part of the
official or administrative agency.
DISCRETIONARY POWER
• The powers and duties of public officers or administrative agencies may also
be classified as mandatory or permissive. The question as whether a duty
or power vested in an official or administrative agency is mandatory or
permissive depends upon the kind of statute which granted such powers.
MANDATORY AND DIRECTORY POWERS OR
DUTIES
• The power to see that the officials concerned perform their duties, and if
they later fail or neglect to fulfill them, to take such action or steps as
prescribed by law to make them perform their duties.
• The President shall “exercise general supervision over all local government.
• The power of general supervision granted the President, in the absence of
any express provision of law, may not generally be interpreted to mean that
he, or his alter ego, the Secretary of Finance, may direct the form and
manner in which local officials shall perform or comply with their duties."
(Rodriguez v. Montinola)
• Presidential power over local governments is limited by the Constitution to
the exercise of general supervision 'to ensure that local affairs are
administered according to law. The general supervision is exercised by the
President through the secretary of Local Government (Taule v. Santos).
Control, supervision and review by other
executive officials
• The power of control, means the power of an officer to alter, modify or
nullify or set aside what a subordinate officer had done in the performance
of his duties and to substitute the judgment of the former for that of the
latter.
• Supervision means overseeing or the power or authority of an officer to see
that their subordinate officers perform their duties.
• Power of supervision does not allow the superior to annul the acts of the
subordinate, for that comes under the power of control.
• Review is a reconsideration or re-examination for purposes of correction. It
is exercised to determine whether it is necessary to correct the acts of the
subordinate.
• Under the 1987 Administrative Code, supervision and control include only
the authority to:
(a) act directly whenever a specific function is entrusted by law or regulation to
a subordinate;
(b) direct the performance of duty; restrain the commission of acts;
(c) review, approve, reverse or modify acts and decisions of subordinate
officials or units;
(d) determine priorities in the execution of plans and programs; and
(e) prescribe standards, guidelines, plans and programs.
• Specifically, administrative supervision is limited to the authority of the
department or its equivalent to:
(1) generally oversee the operations of such agencies and insure that they are
managed effectively, efficiently and economically but without interference
with day-to-day activities;
(2) 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;
(3) take such action as may be necessary for the proper performance of official
functions, including rectification of violations, abuses and other forms of mal-
administration;
(4) review and pass upon budget proposals of such agencies but may not
increase or add to them.
• Where the law confers upon a department secretary supervision and control
over subordinate officers, the department head can modify, nullify or set
aside the decision of the subordinate officer and can even directly exercise
the powers granted the latter
• The department secretary's supervision and control over all bureaus and
offices under his jurisdiction is limited to the bureaus and officers under him,
but does not extend to agencies attached to the department.
B. Power of Investigation