The Administrative Code of 1987
The Administrative Code of 1987
The Administrative Code of 1987
SECTION 38. Definition of Administrative Relationships.Unless otherwise expressly stated in the Code or in other
laws defining the special relationships of particular agencies, administrative relationships shall be categorized and
defined as follows:
(1) Supervision and Control.Supervision and control shall include 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; and prescribe standards, guidelines, plans and programs. Unless a different
meaning is explicitly provided in the specific law governing the relationship of particular agencies, the word control
shall encompass supervision and control as defined in this paragraph.
(2) Administrative Supervision.(a) Administrative supervision which shall govern the administrative relationship
between a department or its equivalent and regulatory agencies or other agencies as may be provided by law, shall
be limited to the authority of the department or its equivalent to generally oversee the operations of such agencies
and to insure that they are managed effectively, efficiently and economically but without interference with day-to-day
activities; or 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; to take such action
as may be necessary for the proper performance of official functions, including rectification of violations, abuses and
other forms of maladministration; and to review and pass upon budget proposals of such agencies but may not
increase or add to them;
(b) Such authority shall not, however, extend to: (1) appointments and other personnel actions in accordance with the
decentralization of personnel functions under the Code, except when appeal is made from an action of the appointing
authority, in which case the appeal shall be initially sent to the department or its equivalent, subject to appeal in
accordance with law; (2) contracts entered into by the agency in the pursuit of its objectives, the review of which and
other procedures related thereto shall be governed by appropriate laws, rules and regulations; and (3) the power to
review, reverse, revise, or modify the decisions of regulatory agencies in the exercise of their regulatory or quasijudicial functions; and
(c) Unless a different meaning is explicitly provided in the specific law governing the relationship of particular
agencies, the word supervision shall encompass administrative supervision as defined in this paragraph.
(3) Attachment.(a) This refers to the lateral relationship between the department or its equivalent and the attached
agency or corporation for purposes of policy and program coordination. The coordination may be accomplished by
having the department represented in the governing board of the attached agency or corporation, either as chairman
or as a member, with or without voting rights, if this is permitted by the charter; having the attached corporation or
agency comply with a system of periodic reporting which shall reflect the progress of programs and projects; and
having the department or its equivalent provide general policies through its representative in the board, which shall
serve as the framework for the internal policies of the attached corporation or agency;
(b) Matters of day-to-day administration or all those pertaining to internal operations shall be left to the discretion or
judgment of the executive officer of the agency or corporation. In the event that the Secretary and the head of the
board or the attached agency or corporation strongly disagree on the interpretation and application of policies, and
the Secretary is unable to resolve the disagreement, he shall bring the matter to the President for resolution and
direction;
(c) Government-owned or controlled corporations attached to a department shall submit to the Secretary concerned
their audited financial statements within sixty (60) days after the close of the fiscal year; and
(d) Pending submission of the required financial statements, the corporation shall continue to operate on the basis of
the preceding years budget until the financial statements shall have been submitted. Should any government-owned
or controlled corporation incur an operating deficit at the close of its fiscal year, it shall be subject to administrative
supervision of the department; and the corporations operating and capital budget shall be subject to the departments
examination, review, modification and approval.