Administrative Law Finals Notes

ADMINISTRATIVE LAW
ATTY. FERDINAND G.S. GUJILDE | EH 302 | FINALS NOTES | A.Y. 2020-2021

CHAPTER I－INTRODUCTION In the absence of express repeal, the provision did not
necessarily mean it is repealed. And in the absence of
Administrative law, defined. inconsistency between the two laws and the intent to cover the
Determines organization, powers and duties of administrative whole subject matter of the old law, it was clearly impliedly
authorities. It is the branch of public law concerned with repealed. Remember StatCon? Implied repeal is frowned upon.
composition, procedures, powers, duties, rights, and liabilities of In which case, there was no express repeal. So, we go to implied
various governmental organs engaged in administering public repeal.
policies.
An implied repeal only works if there is:
Constitutional law and administrative law, 1. Irreconcilable inconsistency; and
distinguished. 2. If the subsequent law was intended to cover the entire
Both deal with exercise and control of governmental prior law.
power, but constitutional law mainly concerns with
structure of primary government organs while And because the Administrative Code did not specifically repeal
administrative law concerns with work of official the old law, the Administrative Code of 1917 remains a source
agencies to serve and regulate activities of citizens. of Administrative law. It is still alive.
Administrative law, sources. Administrative agency, defined.

Administrative law is sourced from the: It is any of various government units, including a department,
1. Constitution bureau, office, instrumentality, or GOCC or a local government
2. Court decisions or a district unit in it.
3. Legislation issued by the administrative agencies in
pursuance of the purposes for which they are created URDH Inc. v. CLSP
and their determination and orders in settlement of G.R. No. 135945, Mar. 7, 2001
controversies arising in their respective fields.
4. The New Administrative Code – Doesn’t repeal the old The COSLAP discharges quasi-judicial functions:
administrative code, either expressly or impliedly. Its
repealing clause is only a general repealing provision. "Quasi-judicial function" is a term which applies to the actions,
It failed to specify a law or provision sought to be discretion, etc. of public administrative officers or bodies, who
repealed. The new administrative code covers only are required to investigate facts, or ascertain the existence of
government aspects in administration, organization facts, hold hearings, and draw conclusions from them, as a basis
and procedure due to the many structural changes in for their official action and to exercise discretion of a judicial
the government since enactment of the old code nature."
decades ago.
5. The Old Administrative Code However, it does not depart from its basic nature as an
administrative agency, albeit one that exercises quasi-judicial
These sources determine administrative structures, provide functions. Still, administrative agencies are not considered
function and powers of their officers, and confer upon them courts; they are neither part of the judicial system nor are they
authority over quasi-judicial matters or conflict. deemed judicial tribunals. The doctrine of separation of powers
observed in our system of government reposes the three (3)
Mecano v. COA great powers into its three (3) branches — the legislative, the
G.R. No. 103982, Dec. 11, 1992 executive, and the judiciary — each department being co-equal
and coordinate, and supreme in its own sphere. Accordingly, the
Facts: An employee claimed reimbursement for medical executive department may not, by its own fiat, impose the
expenses, but this was denied because the provision he invoked judgment of one of its own agencies, upon the judiciary. Indeed,
in the Revised Administrative Code of 1917 was omitted in the under the expanded jurisdiction of the Supreme Court, it is
Administrative Code of 1987. empowered "to determine whether or not there has been grave
abuse of discretion amounting to lack of or excess of jurisdiction
Ruling: In the absence of express repeal, the omission does on the part of any branch or instrumentality of the Government."
not necessarily mean it is repealed. In the absence of
inconsistency between the two laws and intent to cover the Department and bureau, defined.
whole subject matter of the old law, it was neither impliedly A department refers to an executive department created by law,
repealed. Thus, the Revised Administrative Code of 1917 whereas a bureau refers to any of its principal subdivisions
remains a source of administrative law. performing a single major function or closely related functions.
Atty Guji: There’s a particular provision explaining how to go URDH Inc. v. CLSP
about reimbursement if you incur or you suffer injury in the line G.R. No. 135945, Mar. 7, 2001
of duty. He invoked an old law, which is the Administrative Code
of 1917. COA said it cannot be invoked because specific A department, on the other hand, "refers to an executive
provision invoked was not carried over to the Administrative department created by law.” Whereas a bureau is understood
Code of 1987. It was already amended by omission according to to refer "to any principal subdivision of any department."
COA.
Office, defined.
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ADMINISTRATIVE LAW
In turn, an office refers, within governmental organization Refers to any agency organized as a stock or non-stock
framework, to any major functional unit of a department or corporation, vested with functions relating to public needs
bureau including regional offices. It may also refer to any whether governmental or proprietary in nature, and owned by
position held or occupied by individual persons whose functions the Government directly or through its instrumentalities either
are defined by law or regulation. wholly, or where applicable as in the case of stock corporations,
to the extent of at 51% of its capital stock.
URDH Inc. v. CLSP
G.R. No. 135945, Mar. 7, 2001 Subject to the conditions, a PD defines a GOCC, whether
performing governmental or proprietary functions, as directly
In turn, an office "refers, within the framework of governmental chartered by special law, or if organized under the general
organization, to any major functional unit of a department or corporation law, is owned or controlled by the government
bureau including regional offices. It may also refer to any directly or indirectly, by a parent or subsidiary corporation to the
position held or occupied by individual persons, whose functions extent of at least a majority of its outstanding capital stock or of
are defined by law or regulation." its outstanding voting capital stock.
Instrumentality, defined. URDH Inc. v. CLSP

An instrumentality refers to any agency of the national G.R. No. 135945, Mar. 7, 2001
government, not integrated within department framework,
vested with special functions or jurisdiction by law, endowed Refers to any agency organized as a stock or non-stock
with some, if not all, corporate powers, administering special corporation, vested with functions relating to public needs
funds and operational autonomy, usually through a charter. It whether governmental or proprietary in nature, and owned by
includes regulatory agencies, chartered institutions and GOCCs. the Government directly or through its instrumentalities either
wholly, or where applicable as in the case of stock corporations,
URDH Inc. v. CLSP to the extent of at 51% of its capital stock: Provided, that
G.R. No. 135945, Mar. 7, 2001 government-owned or controlled corporations may be further
categorized by the Department of the Budget, the Civil Service
An instrumentality is deemed to refer "to any agency of the Commission, and the Commission on Audit for purposes of the
National Government, not integrated within the department exercise and discharge of their respective powers, functions and
framework, vested with special functions or jurisdiction by law, responsibilities with respect to such corporations."
endowed with some if not all corporate powers, administering
special funds and enjoying operational autonomy, usually Oriondo v. COA
through a charter. This term includes regulatory agencies, G.R. No. 211293, June 4, 2019
chartered institutions and government-owned or controlled
corporations." Based on the above provisions, an entity is considered a
government-owned or controlled corporation if all three (3)
Regulatory agency, defined. attributes are present: (1) the entity is organized as a stock or
Refers to any agency expressly vested with jurisdiction to non-stock corporation; (2) its functions are public in
regulate, administer or adjudicate matters affecting substantial character;66 and (3) it is owned67 or, at the very least,
rights and interest of private persons, which principal powers controlled68 by the government. It was in Philippine Society for
are exercised by a collective body, such as a commission, board the Prevention of Cruelty to Animals where the Court held that
or council. "the true criterion. . . to determine whether a corporation is
public or private is found in the totality of the relation of the
URDH Inc. v. CLSP corporation to the State," adding that "if the corporation is
G.R. No. 135945, Mar. 7, 2001 created by the State as the latter's own agency or
instrumentality to help it in carrying out its governmental
Refers to any agency expressly vested with jurisdiction to functions, then that corporation is public; otherwise, it is
regulate, administer or adjudicate matters affecting substantial private."
rights and interest of private persons, the principal powers of
which are exercised by a collective body, such as a commission, Administrative agency, why created.
board or council. ● The fourth department of the government.
● As a result of the growing complexity of modern
Chartered institution, defined. society, it becomes necessary to create more and more
URDH Inc. v. CLSP administrative bodies to help regulate its ramified
G.R. No. 135945, Mar. 7, 2001 activities.
● They deal with problems with more expertise and
Refers to any agency organized or operating under a special dispatch that can be expected from the legislature or
charter and vested by law with functions relating to specific courts of justice since they specialize in their particular
constitutional policies or objectives. This term includes the state fields.
universities and colleges, and the monetary authority of the ● Considering clogged court dockets, the need has
state. become well-nigh indispensable for specialized
administrative boards or commissions with special
Government-owned or controlled corporation, defined. knowledge, experience and capability to hear and
determine promptly disputes on technical or essentially
ADMINISTRATIVE LAW
factual matters, subject to judicial review in case of
grave abuse of discretion
Solid Homes Inc. v. Payawal

G.R. No. 84811, Aug. 29, 1989
As a result of the growing complexity of modern society, it has

become necessary to create more and more administrative
bodies to help in the regulation of its ramified activities.
Specialized in the particular fields assigned to them, they can
deal with the problems thereof with more expertise and dispatch
than can be expected from the legislature or the courts of
justice. This is the reason for the increasing vesture of quasi-
legislative and quasi-judicial powers in what is now not
unreasonably called the fourth department of the government.
Statutes conferring powers on their administrative agencies

must be liberally construed to enable them to discharge their
assigned duties in accordance with the legislative purpose.
Following this policy in Antipolo Realty Corporation v. National
Housing Authority, the Court sustained the competence of the
respondent administrative body, in the exercise of the exclusive
jurisdiction vested in it by PD No. 957 and PD No. 1344, to
determine the rights of the parties under a contract to sell a
subdivision lot.
Abejo v. De la Cruz
G.R. No. L-63558, May 19, 1987
In this era of clogged court dockets, the need for specialized

administrative boards or commissions with the special
knowledge, experience and capability to hear and determine
promptly disputes on technical matters or essentially factual
matters, subject to judicial review in case of grave abuse of
discretion, has become well nigh indispensable. Thus, in 1984,
the Court noted that "between the power lodged in an
administrative body and a court, the unmistakable trend has
been to refer it to the former. 'Increasingly, this Court has been
committed to the view that unless the law speaks clearly and
unequivocably, the choice should fall on an administrative
agency.’ "
ADMINISTRATIVE LAW
CHAPTER II－CREATION OF ADMINISTRATIVE
AGENCIES The 1987 Constitution divides governmental power into three
co-equal branches: the executive, the legislative and the judicial.
Administrative agency, how created. It delineates the powers of the three branches: the legislature
The elementary rule in administrative law and the law on public is generally limited to the enactment of laws, the executive
officers that a public office may be created through any of the department to the enforcement of laws and the judiciary to their
following modes, to wit, either (1) by the Constitution interpretation and application to cases and controversies. Each
(fundamental law), (2) by law (statute duly enacted by branch is independent and supreme within its own sphere and
Congress), or (3) by authority of law. the encroachment by one branch on another is to be avoided at
all costs.
Creation and abolition of public officers is primarily a legislative
function. It may also be created by express mandate of the
The Executive Department.
constitution.
The 1987 constitution creates the executive department and
vests executive power in the president. This means that the
DOTC Secretary v. Mabalot president is the government executive, and no other.
G.R. No. 138200, Feb. 27, 2002
Sec. 1, Art. 7, 1987 Constitution
At this point, it is apropos to reiterate the elementary rule in
administrative law and the law on public officers that a public
Section 1. The executive power shall be vested in the President
office may be created through any of the following modes, to
of the Philippines.
wit, either (1) by the Constitution (fundamental law), (2) by law
(statute duly enacted by Congress), or (3) by authority of law.
Manalang-Demigillo v. TIDCORP
G.R. No. 168613, Mar. 5, 2013
Verily, Congress can delegate the power to create positions. This
has been settled by decisions of the Court upholding the validity
Under the presidential type of government which we have
of reorganization statutes authorizing the President to create,
adopted and considering the departmental organization
abolish or merge offices in the executive department. Thus, at
established and continued in force by paragraph 1, section 12,
various times, Congress has vested power in the President to
Article VII, of our Constitution, all executive and administrative
reorganize executive agencies and redistribute functions, and
organizations are adjuncts of the Executive Department, the
particular transfers under such statutes have been held to be
heads of the various executive departments are assistants and
within the authority of the President.
agents of the Chief Executive, and, except in cases where the
Chief Executive is required by the Constitution or the law to act
In the instant case, the creation and establishment of LTFRB-
in person or the exigencies of the situation demand that he act
CAR Regional Office was made pursuant to the third mode - by
personally, the multifarious executive and administrative
authority of law, which could be decreed for instance, through
functions of the Chief Executive are performed by and through
an Executive Order (E.O.) issued by the President or an order of
the executive departments, and the acts of the secretaries of
an administrative agency such as the Civil Service Commission
such departments, performed and promulgated in the regular
pursuant to Section 17, Book V of E.O. 292, otherwise known as
course of business, are, unless disapproved or reprobated by the
The Administrative Code of 1987. In the case before us, the
Chief Executive, presumptively the acts of the Chief Executive.
DOTC Secretary issued the assailed Memorandum and
Department Orders pursuant to Administrative Order No. 36 of
With reference to the Executive Department of the government,
the President, dated 23 September 1987, Section 1.
there is one purpose which is crystal-clear and is readily visible
without the projection of judicial searchlight, and that is the
a. Creation by the Constitution
establishment of a single, not plural, Executive. The first section
of Article VII of the Constitution, dealing with the Executive
The Three Branches of Government
Department, begins with the enunciation of the principle that
● The 1987 constitution brought back the presidential
"The executive power shall be vested in a President of the
system of government and restored separation of
Philippines." This means that the President of the Philippines is
legislative. Executive and judicial powers by their actual
the Executive of the Government of the Philippines, and no
distribution among three distinct branches of
other. The heads of the executive departments occupy political
government.
positions and hold office in an advisory capacity, and, in the
● Fundamental constitutional principles underlie the
language of Thomas Jefferson, "should be of the President’s
tripartite system of government where legislature
bosom confidence", and in the language of Attorney-General
enacts the law, judiciary interprets and executive
Cushing, "are subject to the direction of the President." Without
implements.
minimizing the importance of the heads of the various
● They are separate, co-equal, coordinate, and supreme
departments, their personality is in reality but the projection of
within their respective spheres but imbued with a
that of the President. Stated otherwise, and as forcibly
system of checks and balances to avoid unwarranted
characterized by Chief Justice Taft of the Supreme Court of the
exercise of power.
United States, "each head of a department is, and must be, the
President's alter ego in the matters of that department where
the President is required by law to exercise authority."
Biraogo v. The Philippine Truth Commission of 2010
G.R. No. 192935, Dec. 7, 2010
The President.
ADMINISTRATIVE LAW
No person may be elected President unless he is a Equally well accepted, as a corollary rule to the control powers
natural-born citizen of the Philippines, a registered of the President, is the "Doctrine of Qualified Political
voter, able to read and write, at least forty years of age Agency". As the President cannot be expected to exercise his
on the day of the election, and a resident of the control powers all at the same time and in person, he will have
Philippines for at least ten years immediately preceding to delegate some of them to his Cabinet members.
such election.
Under this doctrine, which recognizes the establishment of a
The president is elected by direct vote of the people for single executive, "all executive and administrative organizations
a term of six years which shall begin at noon on the are adjuncts of the Executive Department, the heads of the
thirtieth day of June next following the day of the various executive departments are assistants and agents of the
election and shall end at noon of the same date, six Chief Executive, and, except in cases where the Chief Executive
years thereafter. The President shall not be eligible for is required by the Constitution or law to act in person on the
any re-election. exigencies of the situation demand that he act personally, the
multifarious executive and administrative functions of the Chief
The Vice-President. Executive are performed by and through the executive
There shall be a Vice-President who shall have the departments, and the acts of the Secretaries of such
same qualifications and term of office and be elected departments, performed and promulgated in the regular course
with, and in the same manner, as the President. He of business, unless disapproved or reprobated by the Chief
may be removed from office in the same manner as Executive presumptively the acts of the Chief Executive."
the President.
Thus, and in short, "the President's power of control is directly
No Vice-President shall serve for more than two exercised by him over the members of the Cabinet who, in turn,
successive terms. Voluntary renunciation of the office and by his authority, control the bureaus and other offices under
for any length of time shall not be considered as an their respective jurisdictions in the executive department."
interruption in the continuity of the service for the full
term for which he was elected. Executive power, scope.
● The constitution grants specific powers to the president
The Cabinet. like the power to appoint, to ensure laws are faithfully
Although the 1987 constitution mentions the cabinet a executed, to be commander-in-chief of the armed
number of times, it is an extra-constitutionally forces, to grant clemency, and to contract foreign
created institution. It essentially consists of loans.
department heads that, through usage, have formed a ● It would not be accurate, however, to state that
body of presidential advisers who meet regularly with "executive power" is the power to enforce the laws, for
the president. the President is head of state as well as head of
government and whatever powers inhere in such
While they are the principal officers through whom the positions pertain to the office unless the Constitution
president executes the law, the president, through the itself withholds it.
power of control over them and power to remove them ● Furthermore, the Constitution itself provides that the
at will, remains chief of administration. execution of the laws is only one of the powers of the
President. It also grants the President other powers
Cabinet is an institution and its members as individuals that do not involve the execution of any provision of
possess no authority over the president. They serve at law, e.g., his power over the country's foreign
the behest and pleasure of the president. relations.
● Although the 1987 Constitution imposes limitations on
Carpio v. Executive Secretary the exercise of specific powers of the President, it
G.R. No. 96409, Feb. 14, 1992 maintains intact what is traditionally considered as
within the scope of "executive power." Corollarily, the
To begin with, one need only refer to the fundamentally powers of the President cannot be said to be limited
accepted principle in Constitutional Law that the President has only to the specific powers enumerated in the
control of all executive departments, bureaus, and offices to lay Constitution.
at rest petitioner's contention on the matter. ● In other words, executive power is more than the sum
of specific powers so enumerated. Whatever power
This presidential power of control over the executive branch of inherent in the government that is neither legislative
government extends over all executive officers from Cabinet nor judicial has to be executive.
Secretary to the lowliest clerk and has been held by us, in the ● But while the constitution attaches more explicit
landmark case of Mondano v. Silvosa, to mean "the power of structural limitations on presidential powers, the
the President to alter or modify or nullify or set aside what a presidency that emerges from it remains a potent
subordinate officer had done in the performance of his duties institution mainly because it primarily derives its
and to substitute the judgment of the former with that of the political authority from election by the people at large.
latter." It is said to be at the very "heart of the meaning of Chief
Executive." Marcos v. Manglapus
G.R. No. 88211, Sept. 15, 1989
ADMINISTRATIVE LAW
That the President has the power under the Constitution to bar
the Marcose's from returning has been recognized by members It doesn’t directly impact on the right to travel and is merely
of the Legislature, and is manifested by the Resolution proposed incidental, if at all, reasonably short period of time. Since the
in the House of Representatives and signed by 103 of its proclamation isn’t a law, the president doesn’t usurp the
members urging the President to allow Mr. Marcos to return to legislative power.
the Philippines "as a genuine unselfish gesture for true national
reconciliation and as irrevocable proof of our collective Power of control.
adherence to uncompromising respect for human rights under ● It is the power of the president to substitute his or her
the Constitution and our laws." The Resolution does not judgment to that of the subordinate by altering,
question the President's power to bar the Marcoses from modifying, nullifying or setting aside what the
returning to the Philippines, rather, it appeals to the President's subordinate had done while performing duties.
sense of compassion to allow a man to come home to die in his ● No less than the constitution grants the president
country. power to control over all executive departments,
bureaus and offices to ensure that laws be faithfully
What we are saying in effect is that the request or demand of executed. As such, congress cannot diminish much less
the Marcoses to be allowed to return to the Philippines cannot deprive him or her power of control.
be considered in the light solely of the constitutional provisions ● Congress cannot remove an office in the executive
guaranteeing liberty of abode and the right to travel, subject to department branch from control of the president in the
certain exceptions, or of case law which clearly never guise of insulating it from politics or making it
contemplated situations even remotely similar to the present independent.
one. It must be treated as a matter that is appropriately ● If the office is part of the executive branch, it remains
addressed to those residual unstated powers of the President subject to presidential control. Otherwise, congress
which are implicit in and correlative to the paramount duty deprives the president of his or her constitutional
residing in that office to safeguard and protect general welfare. power of control over all executive departments,
In that context, such request or demand should submit to the bureaus and offices.
exercise of a broader discretion on the part of the President to ● If congress is allowed to do this with the executive
determine whether it must be granted or denied. branch, it can also deal a similar blow to the judicial
branch by removing decisions of lower courts from
Biraogo v. The Philippine Truth Commission of 2010 judicial review.
G.R. No. 192935, Dec. 7, 2010 ● It destroys constitutionally structured checks and
balances among executive, legislative and judicial
The Chief Executive’s power to create the Ad hoc Investigating branches. Since it is the constitution that gave the
Committee cannot be doubted. Having been constitutionally president the power of control with all its awesome
granted full control of the Executive Department, to which implications, it is the constitution alone that can curtail
respondents belong, the President has the obligation to ensure such power.
that all executive officials and employees faithfully comply with
the law. With AO 298 as mandate, the legality of the Carpio v. Executive Secretary
investigation is sustained. Such validity is not affected by the G.R. No. 96409, Feb. 14, 1992
fact that the investigating team and the PCAGC had the same
composition, or that the former used the offices and facilities of This presidential power of control over the executive branch of
the latter in conducting the inquiry. government extends over all executive officers from Cabinet
Secretary to the lowliest clerk and has been held by us, in the
It should be stressed that the purpose of allowing ad hoc landmark case of Mondano v. Silvosa, to mean "the power of
investigating bodies to exist is to allow an inquiry into matters the President to alter or modify or nullify or set aside what a
which the President is entitled to know so that he can be subordinate officer had done in the performance of his duties
properly advised and guided in the performance of his duties and to substitute the judgment of the former with that of the
relative to the execution and enforcement of the laws of the latter." It is said to be at the very "heart of the meaning of Chief
land. And if history is to be revisited, this was also the objective Executive."
of the investigative bodies created in the past like the PCAC,
PCAPE, PARGO, the Feliciano Commission, the Melo Commission Psalm v. CIR
and the Zenarosa Commission. There being no changes in the G.R. No. 198146, Aug. 8, 2017
government structure, the Court is not inclined to declare such
executive power as non-existent just because the direction of The Legislature cannot validly enact a law· that puts a
the political winds have changed. government office in the Executive branch outside the control of
the President in the guise of insulating that office from politics
Zabal v. Duterte or making it independent. If the office is part of the Executive
G.R. No. 238467, Feb. 12, 2019 branch, it must remain subject to the control of the President.
Otherwise, the Legislature can deprive the President of his
By way of proclamation, the president may close a world class constitutional power of control over "all the executive x x x
island destination to tourists and non-residents for 6 months offices." If the Legislature can do this with the Executive branch,
without restricting constitutional right to travel. Its issuance then the Legislature can also deal a similar blow to the Judicial
doesn’t substantially alter relationship between the state and its branch by enacting a law putting decisions of certain lower
people. courts beyond the review power of the Supreme Court. This will
ADMINISTRATIVE LAW
destroy the system of checks and balances finely structured in any way affect the constitutional power of control and
the 1987 Constitution among the Executive, Legislative, and direction of the President. As a matter of executive
Judicial branches. policy, they may be granted departmental autonomy as
to certain matters but this is by mere concession of the
This constitutional power of control of the President cannot be executive, in the absence of valid legislation in the
diminished by the CTA. Thus, if two executive offices or agencies particular field.
cannot agree, it is only proper and logical that the President, as ● If the President, then, is the authority in the Executive
the sole Executive who under the Constitution has control over Department, he assumes the corresponding
both offices or agencies in dispute, should resolve the dispute responsibility. The head of a department is a man of
instead of the courts. The judiciary should not intrude in this his confidence; he controls and directs his acts; he
executive function of determining which is correct between the appoints him and can remove him at pleasure; he is
opposing government offices or agencies, which are both under the executive, not any of his secretaries. It is therefore
the sole control of the President. Under his constitutional power logical that he, the President, should be answerable for
of control, the President decides the dispute between the two the acts of administration of the entire Executive
executive offices. The judiciary cannot substitute its decision Department before his own conscience no less than
over that of the President. before that undefined power of public opinion which,
in the language of Daniel Webster, is the last repository
Only after the President has decided or settled the dispute can of popular government. These are the necessary
the courts' jurisdiction be invoked. Until such time, the judiciary corollaries of the American presidential type of
should not interfere since the issue is not yet ripe for judicial government, and if there is any defect, it is attributable
adjudication. Otherwise, the judiciary would infringe on the to the system itself. We cannot modify the system
President's exercise of his constitutional power of control over unless we modify the Constitution, and we cannot
all the executive departments, bureaus, and offices. modify the Constitution by any subtle process of
judicial interpretation or constitution.
Doctrine of qualified political agency.
● Essentially postulates that heads of various executive The Legislative Department.
departments are alter egos of the president. (Art. VI, 1987 Constitution)
● The actions taken in performing their official duties are The 1987 constitution creates legislative department and vests
deemed acts of the president unless the president legislative power in a bicameral congress consisting of a senate
disapproves them. and a house of representatives, except to the extent reserved
● This recognizes the fact that under the presidential to people by provision on initiative and referendum.
type of government, all executive and administrative
organizations are adjuncts of the executive The Senate.
departments are assistants and agents of the chief Secs. 2, 3, and 4, Art. 6, 1987 Constitution
executive.
● Except in cases where the Chief Executive is required Section 2. The Senate shall be composed of twenty-four
by the Constitution or the law to act in person or the Senators who shall be elected at large by the qualified voters of
exigencies of the situation demand that he act the Philippines, as may be provided by law.
personally, the multifarious executive and
administrative functions of the Chief Executive are Section 3. No person shall be a Senator unless he is a natural-
performed by and through the executive departments, born citizen of the Philippines and, on the day of the election, is
and the acts of the secretaries of such departments, at least thirty-five years of age, able to read and write, a
performed and promulgated in the regular course of registered voter, and a resident of the Philippines for not less
business, are, unless disapproved or reprobated by the than two years immediately preceding the day of the election.
Chief Executive, presumptively the acts of the Chief
Executive. Section 4. The term of office of the Senators shall be six years
● The heads of the executive departments occupy and shall commence, unless otherwise provided by law, at noon
political positions and hold office in an advisory on the thirtieth day of June next following their election. No
capacity, and, in the language of Thomas Jefferson, Senator shall serve for more than two consecutive terms.
"should be of the President's bosom confidence", and, Voluntary renunciation of the office for any length of time shall
in the language of Attorney-General Cushing, "are not be considered as an interruption in the continuity of his
subject to the direction of the President." service for the full term of which he was elected.
● Without minimizing the importance of the heads of the
various departments, their personality is in reality but The House of Representatives.
the projection of that of the President. Stated Secs. 5(1) & (2) & 6, Art. VI, 1987 Constitution
otherwise, and as forcibly characterized by Chief
Justice Taft of the Supreme Court of the United States, Section 5. (1) The House of Representatives shall be composed
"each head of a department is, and must be, the of not more than two hundred and fifty members, unless
President's alter ego in the matters of that department otherwise fixed by law, who shall be elected from legislative
where the President is required by law to exercise districts apportioned among the provinces, cities, and the
authority". Metropolitan Manila area in accordance with the number of their
● Secretaries of departments, of course, exercise certain respective inhabitants, and on the basis of a uniform and
powers under the law but the law cannot impair or in progressive ratio, and those who, as provided by law, shall be
ADMINISTRATIVE LAW
elected through a party-list system of registered national, representative who attains the age of thirty (30) during
regional, and sectoral parties or organizations. his term shall be allowed to continue in office until the
expiration of his term.
(2) The party-list representatives shall constitute twenty per
10. The party-list group and the nominees must submit
centum of the total number of representatives including those
documentary evidence in consonance with the
under the party list. For three consecutive terms after the Constitution, R.A. 7941 and other laws to duly prove
ratification of this Constitution, one-half of the seats allocated to
that the nominees truly belong to the marginalized and
party-list representatives shall be filled, as provided by law, by underrepresented sector/s, the sectoral party,
selection or election from the labor, peasant, urban poor, organization, political party or coalition they seek to
indigenous cultural communities, women, youth, and such other
represent, which may include but not limited to the
sectors as may be provided by law, except the religious sector.
following:
1. Track record of the party-list
Section 6. No person shall be a Member of the House of
group/organization showing active
Representatives unless he is a natural-born citizen of the
participation of the nominee/s in the
Philippines and, on the day of the election, is at least twenty- undertakings of the party-list
five years of age, able to read and write, and, except the party-
group/organization for the advancement of
list representatives, a registered voter in the district in which he the marginalized and underrepresented
shall be elected, and a resident thereof for a period of not less sector/s, the sectoral party, organization,
than one year immediately preceding the day of the election.
political party or coalition they seek to
represent;
A party-list representative has same qualifications, except for
2. Proofs that the nominee/s truly adheres to the
requirement of being a resident of a district for at least 1 year
advocacies of the party-list
immediately preceding the election because he doesn’t
represent a district. But he must be a registered voter and group/organizations (prior declarations,
speeches, written articles, and such other
resident anywhere in the country.
positive actions on the part of the nominee/s
showing his/her adherence to the advocacies
Sec. 9, RA 7941
of the party-list group/organizations);
Section 9. Qualifications of Party-List Nominees. No person 3. Certification that the nominee/s is/are a bona
shall be nominated as party-list representative unless he is a fide member of the party-list group/
natural-born citizen of the Philippines, a registered voter, a organization for at least ninety (90) days prior
resident of the Philippines for a period of not less than one (1) to the election; and
year immediately preceding the day of the election, able to read 4. In case of a part-list group/organization
and write, a bona fide member of the party or organization seeking representation of the marginalized
which he seeks to represent for at least ninety (90) days and underrepresented sector/s, proof that the
preceding the day of the election, and is at least twenty-five (25) nominee/s is not only an advocate of the
years of age on the day of the election. party-list/organization but is/are also a bona
fide member/s of said marginalized and
Sec. 1, Rule 4, COMELEC Res. No. 9366 underrepresented sector.
SEC. 1. Qualifications of nominees. A party-list nominee

Legislative power, scope.
must be:
● Legislative power is plenary, subject only to such
1. A natural-born citizen of the Philippines;
limitations found in the constitution. Any power
2. A registered voter; deemed legislative by usage and tradition is necessarily
3. A resident of the Philippines for a period of not less possessed by congress, unless the constitution lodges
than one (1) year immediately preceding election day; it elsewhere.
● The powers of legislative department are unlimited. In
4. Able to read and write;
constitutional governments however, the powers of
5. A bona fide member of the party he seeks to represent each government are limited and confined within
for at least ninety days preceding election day; the four constitutional walls. Each department may
6. At least twenty-five (25) year of age; only exercise such powers as are expressly given and
such other powers as are necessarily implied from the
7. A Filipino citizen who belongs to the marginalized and given powers.
underrepresented sector which his sectoral party, ● It remains subject to substantive limitations
organization, political party or coalition seeks to chiefly found in the bill of rights that circumscribe both
represent; and the exercise of power itself and allowable subjects of
8. Able to contribute to the formulation and enactment of legislation and procedural limitations prescribing
appropriate legislation that will benefit the nation as a manner and formalities of passing bills.
whole.
The Senate Electoral Tribunal.
9. In case of the youth sector, he must be at least twenty-
five (25) but not more than thirty (30) years of age on
The House of Representatives Electoral
the day of the election. Any youth sectoral
Tribunal.
ADMINISTRATIVE LAW
Indeed, in some cases, this Court has made the pronouncement
Secs. 17, Art. VI, 1987 Constitution that once a proclamation has been made, COMELEC’s
jurisdiction is already lost and, thus, its jurisdiction over contests
SECTION 17. The Senate and the House of Representatives relating to elections, returns, and qualifications ends, and the
shall each have an Electoral Tribunal, which shall be the sole HRET’s own jurisdiction begins. However, it must be noted that
judge of all contests relating to the election, returns, and in these cases, the doctrinal pronouncement was made in the
qualifications of their respective Members. Each Electoral context of a proclaimed candidate who had not only taken an
Tribunal shall be composed of nine Members, three of whom oath of office, but who had also assumed office.
shall be Justices of the Supreme Court to be designated by the
Chief Justice, and the remaining six shall be Members of the The Commission on Appointments.
Senate or the House of Representatives, as the case may be,
who shall be chosen on the basis of proportional representation Sec. 18, Art. 6, 1987 Constitution
from the political parties and the parties or organizations
registered under the party-list system represented therein. The SECTION 18. There shall be a Commission on Appointments
senior Justice in the Electoral Tribunal shall be its Chairman. consisting of the President of the Senate, as ex officio Chairman,
twelve Senators and twelve Members of the House of
● They are independent constitutional creations that Representatives, elected by each House on the basis of
have power to create their own rules and are not proportional representation from the political parties and parties
under supervision or control of congress. or organizations registered under the party-list system
represented therein. The Chairman of the Commission shall not
When shall its jurisdiction begin? vote, except in case of a tie. The Commission shall act on all
appointments submitted to it within thirty session days of the
Lazatin v. COMELEC Congress from their submission. The Commission shall rule by a
G.R. No. L-80007, Jan. 25, 1988 majority vote of all the Members.
The petition is impressed with merit because petitioner has been ● It consents or confirms nominations of executive
proclaimed winner of the Congressional elections in the first department heads, ambassadors, other public
district of Pampanga, has taken his oath of office as such, and ministers and consuls, or armed forces officers whose
assumed his duties as Congressman. For this Court to take appointments are vested in the president in the
cognizance of the electoral protest against him would be to constitution submitted to it by the president.
usurp the functions of the House Electoral Tribunal. The alleged ● It is pursuant to the constitutional provision that
invalidity of the proclamation (which had been previously enumerates appointments that needs its action, as an
ordered by the COMELEC itself) despite alleged irregularities in administrative check on appointing authority of the
connection therewith, and despite the pendency of the protests president.
of the rival candidates, is a matter that is also addressed, ● It consists of the senate president as ex-officio chair,
considering the premises, to the sound judgment of the Electoral 12 senators and 12 representatives, elected by each
Tribunal. house based on proportional representation from
political properties or organizations organized under
Rule 15, HRET Rules party-list system represented in it.
● Although the appointments commission is formed
RULE 15. Jurisdiction. – The Tribunal is the sole judge of all through the instrumentality of the 2 houses of
contests relating to the election, returns, and qualifications of congress, the commission itself is independent of
the Members of the House of Representatives. To be considered congress.
a Member of the House of Representatives, there must be a ● Its powers do not come from congress but emanate
concurrence of the following requisites: (1) a valid proclamation; directly from the constitution. Hence, it is not an agent
(2) a proper oath; and (3) assumption of office. of congress. In fact, its functions are purely executive
in nature.
Reyes v. COMELEC
G.R. No. 207264, June 25, 2013 The Judicial Department.
(Art. VIII, 1987 Constitution)
After proclamation, taking of oath and assumption of office by The 1987 constitution creates the judicial department and vests
Gonzalez, jurisdiction over the matter of his qualifications, as judicial power in 1 SC and in such lower courts as may be
well as questions regarding the conduct of election and established by law.
contested returns – were transferred to the HRET as the
constitutional body created to pass upon the same. (Emphasis The Supreme Court.
supplied.)
Composition, appointment and
From the foregoing, it is then clear that to be considered a qualifications.
Member of the House of Representatives, there must be a Secs. 4(1), 9, 7(1) & (3), Art. VIII, 1987 Constitution
concurrence of the following requisites: (1) a valid
proclamation, (2) a proper oath, and (3) assumption of Section 4. (1) The Supreme Court shall be composed of a Chief
office. Justice and fourteen Associate Justices. It may sit en banc or in
its discretion, in division of three, five, or seven Members. Any
ADMINISTRATIVE LAW
vacancy shall be filled within ninety days from the occurrence other functions and duties as the Supreme Court may assign to
thereof. it.
Section 9. The Members of the Supreme Court and judges of Judicial power, scope.
the lower courts shall be appointed by the President from a list Sec.1, Art. 8, 1987 Constitution
of at least three nominees prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no Section 1. The judicial power shall be vested in one Supreme
confirmation. Court and in such lower courts as may be established by law.
For the lower courts, the President shall issue the appointments Judicial power includes the duty of the courts of justice to settle
within ninety days from the submission of the list. actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
Section 7. (1) No person shall be appointed Member of the there has been a grave abuse of discretion amounting to lack or
Supreme Court or any lower collegiate court unless he is a excess of jurisdiction on the part of any branch or
natural-born citizen of the Philippines. A Member of the Supreme instrumentality of the Government.
Court must be at least forty years of age, and must have been
for fifteen years or more, a judge of a lower court or engaged The addition of the power to determine whether any
in the practice of law in the Philippines. government branch or instrumentality gravely abused its
discretion expands jurisdiction of the SC to temper frequency
(3) A Member of the Judiciary must be a person of proven with which it had appealed to the political question doctrine
competence, integrity, probity, and independence. during the period of martial law.
The Presidential Electoral Tribunal. Separation of powers.

● The Supreme Court, sitting en banc, shall be the sole
judge of all contests relating to the election, returns, Purpose: To prevent concentration of executive, legislative,
and qualifications of the President or Vice-President, and judicial powers to a single branch of government
and may promulgate its rules for the purpose.
● But isn’t a separate and distinct entity from the SC, Atty Guji: The Executive branch is perceived to be the most
albeit it has functions peculiar only to the tribunal. powerful because that is the one that is proactive. As opposed
There’s only one court, although it may perform to the judiciary, which is passive, except the Ombudsman, it is
functions pertaining to several types of courts, each not passive.
having some characteristics different from those of the
others. How is it attained?
● It has original jurisdiction to decide presidential and By allocating their exercise to the three branches of government.
vice-presidential election protests while concurrently
acting as independent electoral tribunal. Atty Guji: The characteristics of separation of powers: Co-
equal, independent, coordinate. There is such a thing as lending
of powers.
The Judicial and Bar Council.
Sec. 8(1), (2), (3) & (5), Art. VIII, 1987 Constitution But is it absolute?
No. Sharing and mixing of powers between and among the three
Section 8. (1) A Judicial and Bar Council is hereby created branches is allowed:
under the supervision of the Supreme Court composed of the
Chief Justice as ex officio Chairman, the Secretary of Justice, 1. President – Shares legislation through veto.
and a representative of the Congress as ex officio Members, a 2. Courts – Shares legislation through its power of review
representative of the Integrated Bar, a professor of law, a that interprets or invalidates laws.
retired Member of the Supreme Court, and a representative of 3. Congress – Shares exercise of executive power through
the private sector. confirmation of appointments and assent to treaties. It
also shares judicial power through its power to create
(2) The regular members of the Council shall be appointed by inferior courts and regulate number and pay of judges.
the President for a term of four years with the consent of the
Commission on Appointments. Of the Members first appointed, The Constitutional Commissions.
the representative of the Integrated Bar shall serve for four Sec.1, Art. 9, 1987 Constitution
years, the professor of law for three years, the retired Justice
for two years, and the representative of the private sector for Section 1. The Constitutional Commissions, which shall be
one year. independent, are the Civil Service Commission, the Commission
on Elections, and the Commission on Audit.
(3) The Clerk of the Supreme Court shall be the Secretary ex
officio of the Council and shall keep a record of its proceedings. The 1987 constitution created three independent constitutional
commissions on elections, audit and the civil service that
(5) The Council shall have the principal function of perform vital government functions to be protected from
recommending appointees to the Judiciary. It may exercise such external influence and political pressure hence they were made
constitutional bodies, independent of and not under any
ADMINISTRATIVE LAW
department of the government. Certainly, none of them is under o The SC has no power to disprove their rules
presidential control. except through judicial review when the rule
violates the constitution.
Independence.
Sec.1, 2, 4, 5, and 6, Art. 9, 1987 Constitution Judicial review.
General Policy:
Section 1. The Constitutional Commissions, which shall be ● To sustain decisions of administrative authorities
independent, are the Civil Service Commission, the Commission especially one which is constitutionally created.
on Elections, and the Commission on Audit. o They’re presumed expertise in the laws they
are entrusted to enforce.
Section 2. No member of a Constitutional Commission shall, o Their findings aren’t only accorded respect
during his tenure, hold any other office or employment. Neither but also finality.
shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may Except:
be affected by the functions of his office, nor shall he be Decision is tainted with unfairness or arbitrariness amounting to
financially interested, directly or indirectly, in any contract with, grave abuse of discretion, committed when they evade a
or in any franchise or privilege granted by the Government, any positive duty or virtually refuse to perform a duty enjoined by
of its subdivisions, agencies, or instrumentalities, including law or to act in contemplation of law, like when judgement
government-owned or controlled corporations or their rendered is not based on law and evidence but on caprice, whim
subsidiaries. and despotism.
Section 4. The Constitutional Commissions shall appoint their

officials and employees in accordance with law. The Commission on Audit.
● Their role involves the power, authority, and duty to
Section 5. The Commission shall enjoy fiscal autonomy. examine, audit, and settle all accounts pertaining to the
Their approved annual appropriations shall be automatically and revenue and receipts of, and expenditures or uses of
regularly released. funds and property, owned or held in trust by, or
pertaining to, the government, or any of its
Section 6. Each Commission en banc may promulgate its own subdivisions, agencies, instrumentalities, including
rules concerning pleadings and practice before it or before any GOCC’s with original charter.
of its offices. Such rules, however, shall not diminish, increase, ● Empowered to define scope of its audit and
or modify substantive rights. examination and to establish techniques and methods
for it.
● In order to ensure their independence, its members are ● Promulgates accounting and auditing rules and
prohibited from engaging in activities that may regulations including those intended to prevent and
pressure or tempt or distract them from their disallow irregular, unnecessary, excessive, or
responsibilities. extravagant or unconscionable expenditures, or uses of
● During their tenure, its members are prohibited from government funds and properties.
holding any other office or employment. Neither shall ● An unincorporated government agency, it doesn’t
they engage in the practice of any profession or enjoy a juridical personality of its own.
actively manage or control any business that in any ● It examines accuracy of records kept, determines
way may be affected by their functions of office. whether expenditures conform to law and corrects
o EXCEPT: (1) Practice of any profession them when necessary.
doesn’t include teaching; (2) Active o Through it, people verify whether their money
management doesn’t include owning a is properly spent.
business. BUT it prohibits them from being a
managing officer or member of the governing
board of a business that in any way may be Composition, qualifications and appointment.
affected by the functions of his office. Sec. 1 (1), (2) Art. 9 (D), 1987 Constitution
● Nor shall he be financially interested, directly or
indirectly, in any contract with, or in any franchise or Section 1. (1) There shall be a Commission on Audit composed
privilege granted by the government, any of its of a Chairman and two Commissioners, who shall be natural-
subdivisions, agencies, or instrumentalities, including born citizens of the Philippines and, at the time of their
GOCC’s or their subsidiaries. appointment, at least thirty-five years of age, Certified Public
● The salary of the chair or commission is fixed by law Accountants with not less than ten years of auditing experience,
and not decreased during their tenure to protect it from or members of the Philippine Bar who have been engaged in the
diminution during their continuance in office. practice of law for at least ten years, and must not have been
o Prohibition is only of diminution, not of candidates for any elective position in the elections immediately
increase. preceding their appointment. At no time shall all Members of the
● In case of conflict between rule of procedure they Commission belong to the same profession.
promulgate and rule of court, their prevails if the
proceeding is before the commission. If before a court, (2) The Chairman and the Commissioners shall be appointed by
the ROC prevails. the President with the consent of the Commission on
ADMINISTRATIVE LAW
Appointments for a term of seven years without reappointment. Power to define scope of audit
Of those first appointed, the Chairman shall hold office for seven This section outlines broad powers and functions of the audit
years, one Commissioner for five years, and the other commissions that may be classified thus:
Commissioner for three years, without reappointment. a) It examines and audits all forms of government
Appointment to any vacancy shall be only for the unexpired revenues and expenditures;
portion of the term of the predecessor. In no case shall any b) Settles government accounts;
Member be appointed or designated in a temporary or acting c) Defines scopes and techniques for its own auditing
capacity. procedures;
d) Decides administrative cases involving expenditure of
public funds; and
Powers and functions. e) Promulgates accounting and auditing rules including
Sec. 2 Art. 9 (D), 1987 Constitution those intended to prevent and disallow irregular,
unnecessary, excessive, extravagant, or
Section 2. (1) The Commission on Audit shall have the power, unconscionable expenditures with long latitude.
authority, and duty to examine, audit, and settle all accounts
pertaining to the revenue and receipts of, and expenditures or The exercise of its general audit power is among constitutional
uses of funds and property, owned or held in trust by, or mechanisms that gives life to the check and balance system
pertaining to, the Government, or any of its subdivisions, inherent in the presidential form of government.
agencies, or instrumentalities, including government-owned or
controlled corporations with original charters, and on a post- Power to deputize
audit basis: (a) constitutional bodies, commissions and offices It may, when exigencies so require, deputize and retain in its
that have been granted fiscal autonomy under this Constitution; name such CPAs and other licensed professionals not in public
(b) autonomous state colleges and universities; (c) other service as it may deem necessary to assist government auditors
government-owned or controlled corporations and their in undertaking specialized audit engagements.
subsidiaries; and (d) such non-governmental entities receiving
subsidy or equity, directly or indirectly, from or through the Power to compromise claims
Government, which are required by law or the granting ● It may compromise or release in whole or in part, any
institution to submit to such audit as a condition of subsidy or settled claim or liability to any government agency
equity. However, where the internal control system of the NOT EXCEEDING 10,000 arising out of any matter
audited agencies is inadequate, the Commission may adopt such or case before it or within its jurisdiction, and with
measures, including temporary or special pre-audit, as are written approval of the president.
necessary and appropriate to correct the deficiencies. It shall o It may likewise compromise or release any
keep the general accounts of the Government and, for such similar claim/liability not exceeding 10,000.
period as may be provided by law, preserve the vouchers and ● In case amount EXCEEDS 10,000, application or
other supporting papers pertaining thereto. relief from it is submitted, through the commission and
the president, with their recommendations, to
(2) The Commission shall have exclusive authority, subject to congress.
the limitations in this Article, to define the scope of its audit and
examination, establish the techniques and methods required Power to seize office
therefor, and promulgate accounting and auditing rules and ● The books, accounts, papers and cash of any local
regulations, including those for the prevention and disallowance treasurer or other accountable officer shall at all times
of irregular, unnecessary, excessive, extravagant, or be open to inspection by the audit commission or its
unconscionable expenditures or uses of government funds and authoritative representative.
properties. ● In case there’s shortage – The examiner is duty
bound to:
Power to audit and post-audit o Seize the office and its contents;
● Pertains to revenue and receipts of and expenditures o Notify the audit commission and the local
and uses of funds and property owned or held in trust chief executive; and
by, or pertaining to, the government, or any of its o Immediately possess the office and its
subdivisions, agencies, instrumentalities, including contents, close and render his/her accounts
GOCC’s with original charters. to the date of possession and temporarily
● And on a post-audit basis: continue the business of such office.
o Constitutional bodies, commissions and ● The auditor who possesses office of the local treasurer
offices granted fiscal autonomy under the ipso facto supersedes the latter until officer involved is
constitution; restored, or another person is appointed/designated to
o Autonomous state colleges and universities; the position/the office is filled by other lawful means.
o Other GOCC’s; and
o Such non-governmental entities receiving Power of constructive distraint of property
subsidy or equity, directly or indirectly, from ● Upon audit discovery of shortage in the accounts of any
or though the government, required by law or accountable public officer and upon finding of a prima
the granting institution to submit to such audit facie case of malversation of public funds and property,
as a condition of subsidy or equity. the audit commission, in order to safeguard
government interest, may place under constructive
ADMINISTRATIVE LAW
distraint personal property of the accountable officer Province of Aklan v. Jody King Construction and Dev’t.
concerned. Corp.
● BUT only when there is REASONABLE GROUND to G.R. Nos. 197592 & 202603, Nov. 27, 2013
believe that said officer is:
o Retiring from government service; or Under Commonwealth Act No. 327, as amended by Section 26
o Intends to leave the country; or of Presidential Decree No. 1445,26 it is the COA which has
o Remove/hide/conceal from it his or her primary jurisdiction over money claims against government
property. agencies and instrumentalities.
● The accountable officer concerned/any other person
who possesses/controls the property is required to Pursuant to its rule-making authority conferred by the 1987
accomplish a receipt in prescribed form, covering the Constitution27 and existing laws, the COA promulgated the 2009
property distrained and obligate it to preserve it intact Revised Rules of Procedure of the Commission on Audit. Rule
and unaltered and not to dispose of it in any manner II, Section 1 specifically enumerated those matters falling under
without express authority of the audit commissioner. COA’s exclusive jurisdiction, which include “money claims due
o In case of refusal of such receipt, the audit from or owing to any government agency.”
commission representative effective
constructive distraint proceeds to prepare a In Euro-Med Laboratories Phil., Inc. v. Province of
list of such property. Batangas, we ruled that it is the COA and not the RTC which
o In the presence of 2 witnesses, leaves a copy has primary jurisdiction to pass upon petitioner’s money claim
within premises where property distrained is against respondent local government unit. Such jurisdiction
located, after which it is deemed placed under may not be waived by the parties’ failure to argue the issue nor
constructive distraint. active participation in the proceedings.
Investigatory and inquisitorial powers Oriondo v. CA

G.R. No. 211293, June 4, 2019
Persons allowed:
● The chair or any commissioner The Commission on Audit generally has audit jurisdiction over
● The central office managers public entities.59 In the Administrative Code's Introductory
● RDs Provisions, the Commission on Audit is even allowed to
● Auditors of any government agency categorize government-owned or controlled corporations for
● Any other official/employee of the audit commission purposes of the exercise and discharge of its powers, functions,
specially deputed in writing for the purpose by the and responsibilities with respect to such corporations.60
chair
The extent of the Commission on Audit's audit authority even
In compliance with due process, the persons extends to non-governmental entities that receive subsidy or
enumerated above may: equity from or through the government.
● Issue summons to parties in a case brought before it
for resolution Therefore, it is absurd for petitioners to challenge the
● Issue subpoena and subpoena duces tecum competency of the Commission on Audit to determine whether
● Administer oaths or not an entity is a government-owned or controlled
● Take testimony in any investigation/inquiry on any corporation. Jurisdiction is "the power to hear and determine
matter within its jurisdiction cases of the general class to which the proceedings in question
belong," and the determination of whether or not an entity is
the proper subject of its audit jurisdiction is a necessary part of
Power of contumacy the Commission's constitutional mandate to examine and audit
It has the power to punish contempt provided for, and under the government as well as non-government entities that receive
the same procedure and penalties, in the ROC. subsidies from it. To insist on petitioners' argument would be to
impede the Commission on Audit's exercise of its powers and
General jurisdiction. functions.
Its authority and powers extend and comprehend all matters
relating to auditing procedures, systems and controls of keeping Primary jurisdiction.
of governmental general accounts, preservation of pertinent It has primary jurisdiction over money claims against
vouchers for a period of ten years, examination and inspection government agencies and instrumentalities. Where it
of books, records, and papers relating to those accounts. involves money claim against a local government unit
thus, it is the audit commission and not the RTC that
It also includes audit and settlement of the accounts of all has primary jurisdiction, which may not be waived by
persons respecting funds or property received by them in an failure of the parties to argue the issue or actively
accountable capacity as well as the examination, audit, and participate in the proceedings.
settlement of all debts and claims of any sort due form or owing
to the government, or any of its subdivisions, agencies, and COA Special Audit Team v. CA
instrumentalities. G.R. No. 174788, Apr. 11, 2013
ADMINISTRATIVE LAW
Second, the CA had no jurisdiction to rule on the validity or government agency, write off unliquidated cash advances and
correctness of the findings and recommendations of the Special dormant accounts receivable in amounts exceeding one million
Audit Team (SAT) because of the doctrines of primary pesos, request for relief from accountability for losses due to
jurisdiction and exhaustion of administrative remedies. acts of man, i.e., theft, robbery, arson, etc. in amounts in
Additionally, judicial review over the COA is vested exclusively excess of five million pesos.
in the Supreme Court.
(Continuation to general jurisdiction)
Province of Aklan v. Jody King Construction and Dev’t. Such jurisdiction extends to all government-owned or controlled
Corp., corporations, including their subsidiaries, and other self-
G.R. Nos. 197592 & 202603, Nov. 27, 2013 governing boards, commissions or agencies of the government
The doctrine of primary jurisdiction holds that if a case is such And as prescribed, including non-governmental entities
that its determination requires the expertise, specialized training subsidized by government, those funded by donations through
and knowledge of the proper administrative bodies, relief must the government, those required to pay levies or government
first be obtained in an administrative proceeding before a share, and those for which the government put up counterpart
remedy is supplied by the courts even if the matter may well be fund or those it partly funded.
within their proper jurisdiction. It applies where a claim is
originally cognizable in the courts, and comes into play Generally, the audit commission has audit jurisdiction over
whenever enforcement of the claim requires the resolution of public entities and even non-governmental entities receiving
issues which, under a regulatory scheme, have been placed subsidy from or through the government.
within the special competence of an administrative agency. In
such a case, the court in which the claim is sought to be It is even allowed to categorize GOCCs for purposes of the
enforced may suspend the judicial process pending referral of exercise and discharge of its powers, functions and
such issues to the administrative body for its view or, if the responsibilities with respect to such corporations.
parties would not be unfairly disadvantaged, dismiss the case
without prejudice. (Continuation to original jurisdiction)
It is thus absurd to challenge authority of the audit
The objective of the doctrine of primary jurisdiction is to guide commission to determine whether an entity like a
the court in determining whether it should refrain from foundation is a GOCC.
exercising its jurisdiction until after an administrative agency has
determined some question or some aspect of some question The determination of whether an entity is the proper
arising in the proceeding before the court. subject of its audit jurisdiction is a necessary part of its
constitutional mandate to examine and audit the
As can be gleaned, respondent seeks to enforce a claim for sums government as well as its subsidized non-government
of money allegedly owed by petitioner, a local government unit. entities. Else, it impedes exercise of its powers and
functions.
Under Commonwealth Act No. 327, as amended by Section 26
of Presidential Decree No. 1445, it is the COA which has primary Jurisdiction over Government-owned or
jurisdiction over money claims against government agencies and controlled corporations.
instrumentalities. A corporation, with or without original charter, is under
audit jurisdiction of the audit commission so long as
Pursuant to its rule-making authority conferred by the 1987 the government owns or controls its interest. For
Constitution27 and existing laws, the COA promulgated the 2009 purposes of exercising audit jurisdiction, it is immaterial
Revised Rules of Procedure of the Commission on Audit. Rule whether a corporation is private, quasi-public. For as
II, Section 1 specifically enumerated those matters falling under long as government owns or controls the corporation,
COA’s exclusive jurisdiction, which include “money claims due its accounts are subject to audit.
from or owing to any government agency.”
Corollarily, the audit commission has authority to
In Euro-Med Laboratories Phil., Inc. v. Province of determine status of an entity, whether it is a GOCC.
Batangas, we ruled that it is the COA and not the RTC which
has primary jurisdiction to pass upon petitioner’s money claim Oriondo v. COA
against respondent local government unit. Such jurisdiction G.R. No. 211293, June 4, 2019
may not be waived by the parties’ failure to argue the issue nor
active participation in the proceedings. When it determines a foundation is government-owned or
controlled corporation thus, it has authority to disallow honoraria
Original jurisdiction. and cash gift to tourism authority employees who render service
Province of Aklan v. Jody King Construction and Dev’t. to such foundation tasked to develop battlefields as tourist
Corp. destination, for violating constitutional ban against double
G.R. Nos. 197592 & 202603, Nov. 27, 2013 compensation.
The ConCom proper has original jurisdiction over money Jurisdiction over donations through the
claims against the government, request for concurrence, government.
request for concurrence in the hiring of legal retainers by
ADMINISTRATIVE LAW
Once funds are donated from a private source to the CSC Composition, qualifications and
government, ownership is transmitted to it. As donee, appointment.
the government becomes owner of the funds, with full Sec. 1(1), Art. IX(B), 1987 Constitution:
ownership rights and control over its use and It is composed of a chair and 2 commissioners who are
disposition, subject only to applicable laws, audit rules natural-born Filipinos and, at time of their
and regulations. appointment, at least 35 years of age, with proven
capacity for public administration, and must not have
Oriondo v. COA been candidates for any elective position in the
G.R. No. 211293, June 4, 2019 elections immediately preceding their appointment.
Thus, even if it were true the foundation is funded by The President appoints them with consent of the
international organizations or foreign entities, these foreign appointments commission for a term of 7 years without
grants became public funds the moment they were donated to reappointment.
it, auditable by the audit commission.
Sec. 1 (2), Art. IX(B), 1987 Constitution:
Upon donation to the government, the funds become Appointment to any vacancy shall be only for unexpired
public in character. The case is different however when term of the predecessor. In no case shall they be
there is no transfer of ownership of funds from private appointed or designated in a temporary or acting
parties to the government as when cash deposits are capacity.
required in election protests filed before trial courts,
the elections commission and the electoral tribunals. CSC Powers and functions.
Fernando v. COA CSC Power to administer civil service.

G.R. Nos. 237938, 237944-45, Dec. 4, 2018 Secs. 1(1), Art. IX(B), 1987 Constitution:
CSC administers civil service embracing all government
In these cases, government becomes mere depositary of funds, branches, subdivisions, instrumentalities and agencies.
which use and disposition are subject to conformity of private
party-depositor who remains its owner. Secs. 2(1), Art. IX(B), 1987 Constitution:
CSC includes government-owned or controlled
Jurisdiction over non-government entities corporations with original charters, or those created by
subsidized by government. special law and not through general corporation law.
Oriondo v. COA How the corporation was created determines whether

G.R. No. 211293, June 4, 2019 its officers and employees are under the civil service
system. (Bernas, S.J., The 1987 Constitution of the
ConCom authority extends to non-governmental entities that Republic of the Philippines: A Commentary, 1996 Ed.,
receive subsidy or equity from or through the government. p. 910)
Fernando v. COA Maglalang v. Pagcor

G.R. Nos. 237938, 237944-45, Dec. 4, 2018 G.R. No. 190566, Dec. 11, 2013
Even if film festival executive committee is not owned or A presidential decree directly created the amusement and
controlled by government, it is subject to audit jurisdiction of the gaming corporation hence it belongs to the civil service.
audit commission as it receives government funds. Controversies concerning its employee and management should
thus be under jurisdiction of the merit system protection board
Aside from its authority to examine and audit accounts, and the civil service commission.
it also has visitorial powers over non-governmental
entities subsidized by the government, required to pay CSC Powers as government central personnel
levy or government share, received counterpart funds agency.
from or partly funded by donations through the As governmental central personnel agency, it
government. establishes a career service and adopts measures to
promote morale, efficiency, integrity, responsiveness,
The Civil Service Commission. progressiveness and courtesy in the civil service.
It is an administrative agency, nothing more, that can only be
given and perform powers appropriate to an administrative Sec. 3, Art. IX(B), 1987 Constitution
agency like executive, quasi-judicial and quasi-legislative CSC strengthens the merit and rewards system,
powers. (Bernas, S.J., The 1987 Constitution of the Republic of integrates all human resources development programs
the Philippines: A Commentary, 1996 Ed., p. 921) for all levels and ranks, and institutionalizes a
management climate conducive to public
It serves general objective of a civil service system to establish accountability.
and promote professionalism and efficiency in public service.
(Id., p. 906) As central personal agency, it may revoke civil service
eligibility motu proprio without notice and hearing
ADMINISTRATIVE LAW
where it merely re-checks test papers and re-evaluates punish for contempt but only to further is quasi-judicial and
documents already in its records according to a judicial functions. (Bernas, S.J., The 1987 Constitution of the
standard answer key it previously set, pursuant to the Republic of the Philippines: A Commentary, 1996 Ed., p. 932)
rules of res ipsa loquitur. (Bernas, S.J., The 1987
Constitution of the Republic of the Philippines: A Composition, qualifications and appointment.
Commentary, 1996 Ed., p. 921) Sec. 1(1), Art. IX(C), 1987 Constitution
Comelec is composed of a chair and 6 commissioners
CSC Power to attest appointment. who are natural-born Filipino citizens and, at the time
Sec. 2(2), Art. IX(B), 1987 Constitution of their appointment, at least 35 years of age, hold a
Appointment in civil service is made only according to college degree, and must not have been candidates for
merit and fitness to be determined, as far as any elective position in the immediately preceding
practicable by competitive examination except to elections.
positions that are policy determining, primarily
confidential or highly technical. But the majority, including the chair, are members of
the Philippine bar practicing law for at least 10 years,
Luego v. CSC
G.R. No. L-69137, Aug. 5, 1986 Sec. 1(2), Art. IX(C), 1987 Constitution
The President appoints them with consent of the
Appointment is an essentially discretionary power performed by appointments commission for a term of 7 years without
an appointing authority provided the appointee is qualified. If reappointment. Appointment to any vacancy shall be
yes, appointment cannot be faulted on ground others are better only for unexpired term of the predecessor. In no case
qualified. It is a political question involving considerations of shall they be appointed or designated in a temporary
wisdom only the appointing authority decides. or acting capacity.
It is not the civil service commission but the appointing authority Comelec Powers and functions.
that determines kind or nature of appointment extended.
Comelec Power to enforce and administer all
When appointing authority describes it as permanent, the election laws and regulations.
commission cannot approve it as temporary subject to Sec. 2(1), Art. IX(C), 1987 Constitution
settlement of protest against appointment or pending Comelec enforces and administers all laws and
administrative case against the appointee. regulations relative to conduct of an election,
plebiscite, initiative, referendum and recall.
But where the constitution or law subject appointment to
another officer or body like the appointments commission, the This power is exclusive. The trial court has no
latter reviews wisdom of appointment and may refuse to concur jurisdiction over a case involving election law
with it even if the presidential appointee has all qualifications enforcement.
prescribed by law.
The civil service commission merely checks whether Gallardo v Tabamo

the appointee has civil service eligibility and other G.R. No. 104848, Jan. 29, 1993
required qualifications. If qualified, it approves. If not,
it disapproves. The trial court cannot temporarily restrain certain public works
projects undertaken in violation of the 45-day election ban on
Luego v. CSC public works.
G.R. No. L-69137, Aug. 5, 1986
Comelec Power to promulgate rules and
No other criterion is permitted by law when it acts on an regulations.
appointment. The 1987 constitution expressly grants it power to
enforce and administer all laws and regulations relative
Where both appointee and protestant are qualified for disputed to conduct of elections.
position, the commission cannot revoke appointment on its
belief the protestant is better qualified lest it encroaches on Gallardo v Tabamo
discretion solely vested on the appointing authority. G.R. No. 104848, Jan. 29, 1993
The Commission on Elections. Doubtless, if its rule-making power is made to depend on

Comelec is an administrative agency which powers are statutes, congress may withdraw it at any time. Indeed, the
executive, quasi-judicial and quasi-legislative. By exception present constitution sees a truly independent commission
however, it has limited judicial power as sole judge of all committed to ensure free, orderly, honest, peaceful and credible
contests relating to elections, returns and qualifications of all elections.
elective officials.
Comelec Power to adjudicate and review.
It may issue writs of certiorari, prohibition and mandamus but Comelec exercise exclusive original jurisdiction over all
only in connection with its appellate jurisdiction. It may also contests relating to elections, returns, and
ADMINISTRATIVE LAW
qualifications of all elective regional, provincial, and city Sec. 2(4), Art. IX(C), 1987 Constitution
officials, and appellate jurisdiction over all contests Comelec deputizes, with concurrence of the president,
involving elective municipal officials decided by trial government law enforcement agencies and
courts of general jurisdiction, or involving elective instrumentalities, including the armed forces, solely to
barangay officials decided by trial courts of limited ensure free, orderly, honest, peaceful and credible
jurisdiction. elections.
Sec. 2(2), Art. IX(C), 1987 Constitution Comelec Power to register political parties.
Comelec’s decision, final orders, or rulings on elective Comelec registers, after sufficient publication, political
contests involving elective municipal and barangay parties, organizations, or coalitions which, in addition
offices are final, executory, and not appealable. to other requirements, must present their platform of
government and accredits its citizen’s arms.
Sec. 2, Rule 37, Comelec Rules of Procedure, Feb. 15,
1993 Religious denominations and sects shall not be
But while Comelec’s decisions on appeals from courts registered. Those which seek to achieve their goals
of general or limited jurisdiction in election cases through violence or unlawful means, or refuse to
relating to election, returns, and qualifications of uphold and adhere to the constitution, or which are
municipal and barangay officials are not appealable, it supported by any foreign government shall likewise be
applies only to questions of fact and not of law. refused registration.
Flores v Comelec Santos v Comelec

G.R. No. 89604, Apr. 20, 1990 G.R. No. L-52390, Mar. 31, 1981
That provision is not intended to divest the SC of its authority to The power to determine whether a political party is as such from
resolve questions of law inherent in its constitutionally conferred inception of its existence or whether it is separate and distinct
judicial power. from another party is undoubtedly an exercise of its
constitutional power to administer laws relative to conduct of
Comelec Power to administer elections. election.
Sec. 2(3), Art. IX(C), 1987 Constitution
Comelec decides, except those involving right to vote, It is exclusive unless its exercise is tainted with error correctible
all questions affecting elections, including by certiorari that usually takes the form of lack or excess of
determination of number and location of polling places, jurisdiction, or grave abuse of discretion.
appointment of election officials and inspectors, and
registration of voters. Sec. 2(5), Art. IX(C), 1987 Constitution
Financial contributions from foreign governments and
Diocese of Bacolod v. Comelec their agencies to political parties, organizations,
G.R. No. 205728, Jan. 21, 2015 coalitions, or candidates related to elections interfere
in national affairs. When accepted, add ground to
The phrase “all questions affecting” does not mean it has cancel their registration with it, in addition to other
exclusive e power to decide any and all questions that arise penalties prescribed by law.
during elections.
Comelec Power to investigate and prosecute.
Its constitutional competencies during election does not divest Sec. 2(6), Art. IX(C), 1987 Constitution
the SC of its own jurisdiction when discretion is gravely abused. Comelec files, upon verified complaint, or on its own
initiative, petitions in court to include or exclude voters,
Pungutan v. Abubakar investigates and, where appropriate, prosecutes cases
43 SCRA 1, 12 (1972) of election law violations, including acts or omissions
constitution election fraud, offenses and malpractices.
But if it excludes spurious election returns, it does not nullify the
votes per se but the spurious document that embodies them. Comelec’s power to investigate and prosecute election
Exclusion of election returns does not amount to denial of offenses does not include the duty to gather evidence.
suffrage.
Comelec’s task as investigator and prosecutor is not the
Domino v. Comelec physical searching and gathering of proof to support a
G.R. No. 134015, July 19, 1999 complaint for election offense.
In a disqualification case, it can still inquire whether a candidate Kilosbayan v. Comelec

is a resident despite court ruling in exclusion proceedings that 280 SCRA 892, Oct. 16, 1997
he is because the latter, being summary in nature with different
parties, issues and causes of action, does not constitute res A complainant, who accuses another of committing election
judicata. offense, has the burden and responsibility to follow through the
accusation and prove it.
Comelec Power to deputize.
ADMINISTRATIVE LAW
If he fails to show probable cause, the complaint must be Constitution) (Gonzales v. OP, G.R. Nos. 196231-32, Jan. 28,
dismissed, since any person accused of crime is presumed 2014)
innocent and does not at all have to make a response or reaction
to charges against him or her. It likewise enforces the standard of accountability in public
service that emphasizes public office is a public trust, public
It is ridiculous where the claim of the complainant is merely an officers and employees must at all times be accountable to the
informant and not the private complainant who was burdened people, serve them with utmost responsibility, integrity, loyalty
to prove probable cause. and efficiency, act with patriotism and justice and lead modest
lives. (Gonzales v. OP, G.R. Nos. 196231-32, Jan. 28, 2014)
The burden to support charges with affidavits and any evidence
rests on the one who initiated the complaint, for it is upon Gonzales v. OP
evidence thus adduced that the investigating officer determines G.R. No. 196231, Sept. 4, 2012
whether there is sufficient ground to hold respondent for trial.
The office of the ombudsman beholden to no one, acts as
Comelec Power to recommend. champion of the people and preserver of integrity of public
Sec. 2(7), Art. IX(C), 1987 Constitution service.
Comelec recommends to congress effective measures
to minimize election spending, limitation of places Ombudsman Composition and qualifications.
where propaganda materials shall be posed, and to Sec. 8, Art. XI, 1987 Constitution; Sec. 5, R.A. 6770
prevent and penalize all forms of election frauds, The ombudsman and deputies are natural-born Filipino
offenses, malpractices, and nuisance candidates. citizens, and at the time of their employment, at least
40 years of old, of recognized probity and
Sec. 2(8) & (9), Art. IX(C), 1987 Constitution independence, members of the Philippine bar, and
Comelec recommends to the president removal of any must not have been candidates for any elective office
officer or employee it deputized, or imposition of any in the immediately preceding election. The
other disciplinary action, for violation or disregard of, ombudsman must have for 10 years or more been a
or disobedience to its directive, order, or decision. judge or practiced law in the country.
Sec. 2(9), Art. IX(C), 1987 Constitution Appointment and term of office.
Comelec submits to the president and congress Secs. 9, Art. XI, 1987 Constitution
comprehensive report on conduct of each election, The president appoints them from a list of at least 6
plebiscite, initiative, referendum, or recall. nominees prepared by the judicial and bar council, and
from a list of three nominees for every subsequent
People v. Basilla vacancy. Such appointment requires no confirmation.
G.R. No. 83938-40, Nov. 6, 1989 All vacancies are filled within 3 months after they occur.
It has no authority to directly remove or impose disciplinary Secs. 11, Art. XI, 1987 Constitution
action to avoid potential difficulties with the concerned The ombudsman and deputies serve for a term of 7
department where deputies originally locate. years without reappointment. They are not qualified to
run for any office in the election immediately
But prior to recommendation, it must first satisfy itself succeeding their cessation from office.
that indeed the person administratively charged
breached the law or its allied directives. Independence. (Freedom from insidious tentacles of politics)
The office of the ombudsman is endowed with investigatory and
Tan v. Comelec prosecutor powers virtually free from legislative, executive or
237 SCRA 353 judicial intervention.
It may cognize an administrative case involving performance of Sulit v. Ochoa

duties of a city prosecutor as a deputized canvasser because it G.R. No. 196232, Sep. 4, 2012
relates to performance of his duties as canvasser and not as
prosecutor. The SC refrains from interfering the powers of the ombudsman
and respects its initiative and independence.
Other constitutionally created bodies
1. Office of the Ombudsman (Sec. 5, Art. XI, 1987 Aspects of independence.
Constitution)
2. Human Rights Commission (Sec. 17, Art. XIII, 1987 Creation by the Constitution.
Constitution) Morales v. CA
G.R. Nos. 217126-27, Nov. 10, 2015
The Office of the Ombudsman.
It is created to enforce state policy to maintain honesty and The office of the ombudsman cannot be abolished nor its
integrity in public service and take positive and effective constitutionality specified functions and privileges, be removed,
measures against graft and corruption. (Sec. 27, Art. II, 1987 altered, or modified by law, unless the constitution itself allows,
or is amended.
ADMINISTRATIVE LAW
Fiscal autonomy. Sec. 13, Art. XI, 1987 Constitution

Morales v. CA The creation of the office of the ombudsman was given
G.R. Nos. 217126-27, Nov. 10, 2015 more powers, including power to directly remove,
suspend, fine, censure and prosecute public officers at
The office may not be obstructed from freedom to use or dispose fault.
of its funds for purposes germane to its functions.
Power to investigate and prosecute.
Hence, its budget cannot be strategically decreased by The ombudsman investigates and prosecutes on its
its officials of political branches of government so as to own, or on complaint by any person, any act or
impair said functions. omission of any public official, employee, office or
agency, when such act or omission appears illegal,
Insulation from executive supervision and unjust improper, or inefficient. (Secs. 113(1), Art. XI,
control. 1987 Constitution; Sec. 15(1), R.A. 6770)
Sec. 8(2), R.A. 6770
The ombudsman law provision that empowers the Lastimosa v. Vasquez
president to remove from office the deputy G.R. No. 116801, Apr. 6, 1995
ombudsman or special prosecutor for any ground
provided for removal of the ombudsman and after due This power includes investigation and prosecution of any crime
process, offends the constitution. (Gonzales v. Office whether or not acts or omissions relate to, connected or arise
of the President, G.R. No. 196231, Jan. 28, 2014) from performance of duties. It is enough that the act or omission
is committed by a public official.
Gonzales III v. OP
G.R. Nos. 196231-32, Jan. 28, 2014 Ledesma v. CA
G.R. No. 161629, July 29, 2005
It violates independence of the office of the ombudsman which
certainly cannot be inferior, but is similar in degree and kind, to The ombudsman and deputies, as protectors of the people, are
the independence similar in degree and kind, to the mandated to act promptly on complaints filed in any form or
independence similarly guaranteed by the constitution to the manner against officers or employees of government, any of its
constitutional commissions since all these offices fill the political subdivision, agency or instrumentality, including GOCCs.
interstices of a republican democracy that are crucial to its
existence and proper functioning. Camanag v. Guerrero
G.R. No. 121017, Feb. 17, 1997
Sec. 10, Art. XI, 1987 Constitution
The positions of ombudsman and deputies are Among the ombudsman’s power is the authority to investigate
equivalent in rank and salary not decreased during and prosecute cases involving public officers and employees that
their term of office, to chair and members of a emanates from the constitution itself, to exercise such other
constitutional commission, respectively. powers or perform such other functions or duties as congress
may prescribe through legislation.
Gonzales III v. OP
G.R. Nos. 196231-32, Jan. 28, 2014 Sec. 15(11), R.A. 6770
The ombudsman also investigates and initiates proper
With the constitutional guaranty independence and principle of action to recover ill-gotten and/or unexplained wealth
checks and balances, the deputy ombudsman puts risk on its amassed after February 25, 1987 and prosecute parties
independence if they are subject to discipline and removal by involved.
the president.
Republic v. Sandiganbayan & Argana
The concept of its independence cannot be invoked as G.R. No. 115906, Sept. 26, 1994
basis to insulate it from judicial power constitutionally
vested unto the courts that are apolitical bodies, Compared to the ombudsman, the Commission on good
ordained to act as impartial tribunals and apply even government retains authority to investigate wealth ill-gotten or
justice to all. unlawfully acquired before February 25, 1986. Thereafter, it
pertains to the ombudsman.
Morales v. CA
G.R. Nos. 217126-27, Nov. 10, 2015 PCGG v. Ombudsman
G.R. No. 194619, Mar. 20, 2019
The ombudsman is not exempt from an incident of judicial
power, that is, a provisional writ of injunction against a The office of the ombudsman determines whether there is a
preventive suspension order, which clearly strays from the reasonable ground to believe a crime has been committed and
concept’s rationale of insulating the office from political accused is probably guilty of it. When it finds probable cause, it
harassment and pressure. files corresponding information with appropriate court.
Ombudsman Powers and functions.
ADMINISTRATIVE LAW
But the full discretion to investigate and prosecute necessarily agency of the government, the investigation of such cases, it
comes with it the discretion not to file a case, as when the does not exclude from its jurisdiction cases involving public
ombudsman finds the complaint insufficient in form and officers and employees cognizable by other courts.
substance.
The exercise of such primary jurisdiction is not incompatible with
Otherwise stated, the filing or non-filing of the information is its duty to investigate and prosecute other offenses committed
properly lodged within full-discretion of the ombudsman. by public officers and employees.
The court respects dismissal by the ombudsman for lack of The authority of the ombudsman to prosecute cases involving
probable cause a criminal complaint for corrupt practices that public officers and employees before the regular courts does not
failed to show documentary evidence of participation by conflict with power of the justice department prosecutors to
respondents in behest loans. control and direct prosecution of all criminal actions under the
revised rules of criminal procedure.
Where complaint fails to show essential elements of the crime
are present in all reasonable likelihood, the court has no reason Ledesma v. CA
to depart from its long standing policy to not interfere in the G.R. No. 161629, July 29, 2005
exercise of plenary investigatory and prosecutorial powers of the
ombudsman. The constitutional framers left to congress where the
ombudsman was enacted into law and authorized the office of
The SC finds the case dismissal from the ombudsman, unless it the ombudsman investigatory and prosecutor powers involving
gravely abuses exercise such discretion. Nonetheless, the court public officials, and to promulgate rules of procedure and
respects it when it finds existence of probable cause. exercise such other powers or perform such functions or duties
as may be provided by law.
Ombudsman Power to investigate and
prosecute, scope. The congress granted the ombudsman broad powers
This power of the ombudsman to investigate and that encompasses all kinds of malfeasance,
prosecute is plenary and unqualified. But the misfeasance and nonfeasance committed by public
constitution vests the ombudsman power to investigate officers and employees during their tenure of office.
and conduct preliminary investigation involving public
officers and employees is not exclusive but concurrent Power to investigate and prosecute, subject of.
with other similarly authorized agencies including the, A complaint filed in or taken cognizance if by the office
sandiganbayan, commission on good government, of the ombudsman charging any public officer or
provincial and city prosecutors and judges of municipal employee including those in GOCCs, with an act or
trial and municipal circuit trial courts. omission alleged to be illegal, unjust improper and
inefficient, is an ombudsman case. Such complaint may
Honasan v. DOJ Panel be subject of criminal or administrative proceeding or
G.R. No. 159747, Apr. 13, 2004 both. (Honasan v. DOJ Panel, G.R. No. 159747, Apr.
13, 2004)
But it is subject to the only qualification that the ombudsman
may take over the investigation at any stage in the exercise of Ledesma v. CA
its primary jurisdiction. G.R. No. 161629, July 29, 2005
Pursuant to authority to lay down its own procedure, even the As protector to the people, the ombudsman is empowered to
office of the ombudsman recognizes its concurrent jurisdiction prosecute erring public officers and employees to actively
with other investigative government agencies in prosecution of enforce anti-graft and corrupt practices laws and other offenses.
cases cognizable by regular courts. Congress broadened ombudsman powers to enable him or her
to implement his or her own actions.
The jurisdiction of the ombudsman to any public official
who committed any illegal act or omission is merely The clause any “act or omission of any public officer”
primary, not exclusive, but rather a share or concurrent embraces any crime committed by a public official. The
authority in respect of the offense charged. law does not qualify nature of illegal act or omission of
a public employee that the ombudsman may
The ombudsman and justice department have investigate.
concurrent jurisdiction to investigate charges filed
against public officers and employees. Honasan v. DOJ Panel
G.R. No. 159747, Apr. 13, 2004
Uy v. Sandiganbayan
G.R. No. 105965-70, Mar. 20, 2001 It does not require that the act or omission be related to or be
connected with or arise from, the performance of official duty.
The law does not distinguish cases cognizable by the
sandiganbayan and by regular courts. While it has primary Ombudsman cases, classified.
jurisdiction over cases cognizable by the sandiganbayan that A.O. No. 8, Nov. 8, 1990
authorizes it to take over, at any stage, from any investigatory
ADMINISTRATIVE LAW
Ombudsman cases, for purposes of
investigation and prosecution involving Power to request assistance.
criminal offenses, are classified or subdivided Sec. 13(5), Art. XI, 1987 Constitution; Sec. 15(5), R.A.
into 2 classes: 6770
1. Those cognizable by the The ombudsman may request any government agency
sandiganyan for assistance and information necessary in the
2. Those falling under the jurisdiction discharge of its responsibilities and to examine, if
of the regular courts (Lim v. Gamosa, necessary, pertinent records and documents.
G.R. No. 193964, Dec. 2, 2015)
Power to publish.
Ombudsman cases, distinguished. Sec. 13(6), Art. XI, 1987 Constitution
A.O. No. 8, Nov. 8, 1990 The ombudsman may publicize matters covered by
The difference between the 2 classes is on the investigation when circumstances so warrant and with
authority to investigate as distinguished from due prudence; provided; (Sec. 15(6), R.A. 6770) that
authority to prosecute them. the ombudsman under its rules and regulations may
determine what cases may not be made public,
The power to investigate or conduct provided further that any publicity issued is balanced,
preliminary investigation on any ombudsman fair and true.
case may be exercised by an investigator or
prosecutor of the office of the ombudsman, or Public disclosure, exemption.
by any provincial or city prosecutor or their Sec. 2, Rule V, A.O. No. 7
assistants, either in their regular capacity or When circumstances so warrant and with due
as deputized prosecutors. prudence, office of the ombudsman may
publicize in a fair and balanced manner filing
But when the office of the ombudsman of complaint, grievance or request for
exercises it primary jurisdiction to investigate assistance, and the final resolution decision or
a case cognizable by the sandiganbayan, it action taken on it.
may take over its investigation, at any stage
from any investigating government agency. Provided, however, that prior to such final
action, no publicity is made of matters which
Prosecution of cases cognizable by the SB is may adversely affect national security or
under the direct control and supervision of the public interest.
ombudsman. In cases cognizable by the
regular courts, such control and supervision is Or prejudice safety of witnesses or case
only in ombudsman cases. disposition, or unduly expose respondents to
ridicule or public censure.
The jurisdiction of the office of the
ombudsman in the prosecution of cases Power to determine causes of corruption.
cognizable by regular courts is not exclusive Sec. 13(7), Art. XI, 1987 Constitution; Sec. 15(7), R.A.
but concurrent with other investigative 6770
government agencies. (Lim v. Gamosa, G.R. The ombudsman determines causes of inefficiency, red
No. 193964, Dec. 2, 2015) tape, mismanagement, fraud, and corruption in
government and recommend their elimination and
Power to direct performance of duty. observance of high standards of ethics and efficiency.
Sec. 13(2), Art. XI, 1987 Constitution; Sec. 15(2) & (4),
R.A. 6770 Power to promulgate rules.
The ombudsman directs, upon complaint or at its own Sec. 13(8), Art. XI, 1987 Constitution
instance, any public official or employee of the The ombudsman promulgates its rules of procedure
government, or any of its subdivision, agency or and exercise such other powers to perform such
instrumentality, as well as of any GOCC with original functions or duties as may be provided by law.
charter, to perform and expedite any act or duty
required by law, or to stop, prevent, and correct any Power to examine bank account and records.
abuse or impropriety in the performance of duties. (Laws recognize and protect zones of privacy).
Sec. 15(8), R.A. 6770
Sec. 13(4), Art. XI, 1987 Constitution; Sec. 15 (4), R.A. The office of the ombudsman administers oaths, issues
6770 subpoena and subpoena duces tecum, and takes
The ombudsman may direct the officer concerned, in testimony in any investigation or inquiry, including
any appropriate case, and subject to such limitation as power to examine and access bank accounts and
may be provided by law, to furnish it with copies of records.
documents relating to contracts or transactions
entered into by his or her office involving disbursement But it may only exercise power to examine and access
or use of public funds or properties, and report any bank accounts upon order of a court of competent
irregularity to audit commission for appropriate action.
ADMINISTRATIVE LAW
jurisdiction relative to a pending case before it, and not
Lastimosa v. Vasquez
in pursuit of pending investigation.
G.R. No. 116801, Apr. 6, 1995
Marquez v. Desierto A prosecutor who was directed by the ombudsman to file

G.R. No. 135882, June 27, 2001 attempted rape against a mayor but instead filed a case for acts
of lasciviousness only may be cited for contempt, pursuant to its
The office of the ombudsman cannot order a bank manager to disciplinary authority over prosecutors.
produce for in camera inspection subject accounts with the bank
based on pending investigation for violation of the anti-graft and
corrupt practices act. Power to delegate.
Secs. 15(10), R.A. 6770
The ombudsman may delegate deputies, or its
The bank deposits secrecy law treat bank deposits as
investigators or representatives such authority or duty
absolutely confidential. EXCEPT:
as shall ensure effective exercise or performance of the
1. During special or general examination of a bank
powers, functions and duties provided under the
specifically authorized by the monetary board
ombudsman law.
after being satisfied there is reasonable ground
to believe a bank fraud or serious irregularity
has been or is being committed and that inquiry Acop v. Ombudsman
into the bank deposit is necessary to establish G.R. No. 120422, Sept. 27, 1995
fraud or irregularity;
2. During examination by an independent auditor The deputy ombudsman for the military is not prohibited from
hired by the bank to conduct its regular audit performing other functions affecting non-military personnel.
which the results are of exclusive use of the Accordingly, the ombudsman may refer cases involving non-
bank; military personnel, like police officers who are civilian personnel
3. Upon written permission of the depositor; of the government, for investigation by the deputy for military
4. In cases of impeachment; affairs.
5. Upon order of a competent court in cases of
bribery or dereliction of duty of public officials;
Secs. 31, R.A. 6770
or in cases where money deposited or invested
The ombudsman may utilize personnel of his or her
is subject matter of litigation
office and/or designate or deputize any fiscal, state
prosecutor or lawyer in government service to act as
Before a camera inspection may be allowed:
special investigator or prosecutor to assist in
1. There must be a pending case before a court of
investigation and prosecution of certain cases under his
competent jurisdiction
or her supervision and control.
2. The account must be clearly identified
3. The inspection limited to subject matter of a
pending case Agbay v. Military Ombudsman
4. The bank personnel and account holder must be G.R. No. 134503, July 2, 1999
notified to be present during inspection; and
5. Such inspection may cover only the account The memorandum circular authorizing transfer of case involving
identified in the pending case a police officer accused of child abuse from the deputy to the
military ombudsman does not violate civilian character of the
Power to cite contempt. national police as it is merely issued in the exercise of its power
Secs. 15(9), R.A. 6770 to utilize, designate its own personnel.
The ombudsman may punish for contempt in
accordance with the rules of court and under same
Power to deputize.
procedure and the same penalties provided therein.
Sec. 31, R.A. 6770; A.O. 331, s. of 1997
The ombudsman has power to utilize any personnel of
In the exercise of its power to investigate and
his or her office and/or designate or deputize any
prosecute, the ombudsman is authorized to designate
prosecutor or lawyer in the government service to act,
or deputize prosecutors for assistance under his or her
under his or her supervision and control, as special
supervision and control.
investigator or prosecutor to assist in the investigation
or prosecution of certain cases.
Secs. 21, R.A. 6770
Once deputized, the prosecutor cannot legally act on
his or her own and refuse to prepare and file
information as directed, which defiance or
disobedience amounts to contumacy.
ADMINISTRATIVE LAW
Rationale.
Lastimosa v. Vasquez
It reveals legislative intent to vest full
G.R. No. 116801, Apr. 6, 1995
administrative disciplinary authority on the
ombudsman, intending him or her to be an
When the deputy of ombudsman directs a prosecutor to file an
activist watchman and not merely a passive
information for attempted rape against the mayor, she cannot
one, departing from classical model whose
charge the mayor with acts of lasciviousness based on her own
function is merely to receive and process
preliminary investigation.
people’s complaints against corrupt and
abusive government personnel.
When a prosecutor is deputized, he or she comes under
supervision and control of the ombudsman subject to its power
As protector of the people, it is armed with
to direct, review, reverse or modify his or her decision. The
power to prosecute erring public officers and
designated prosecutor cannot legally act on her own and refuse
employees, giving him an active role in the
to prepare and file the information as directed by the
enforcement of laws on anti-graft and corrupt
ombudsman.
practices and such other offenses that may be
committed by such officers and employees.
Since she charged the mayor with a crime different from what
the ombudsman directed her to, she virtually reviewed and
Concomitant prerogatives.
substituted such final resolution with her own in open defiance,
Secs. 15(1), R.A. 6770
obstruction of functions and contempt for authority of the office
The office of the ombudsman can, on its own,
of the ombudsman.
investigative any apparent illegality,
irregularity, impropriety, or inefficiency
Power to discipline. committed by a public officer or employee not
Sec. 13(3), Art. XI, 1987 Constitution excepted from its disciplinary authority.
The ombudsman directs the officer concerned to take
appropriate action against a public official or employee Secs. 15(3), R.A. 6770
at fault, or who neglects to perform an act or discharge It can and must act on administrative
a duty require by law and recommends his or her complaints against them. It can conduct
removal, suspension, demotion, fine, censure, or administrative adjudication proceedings. It
prosecution, and ensures compliance therewith, or can determine their guilt. At its discretion, it
enforces its disciplinary authority. can fix the penalty in case of guilt.
Secs. 15(3) & 21, R.A. 6770 It can order the head of office to which the
Provided, that refusal by any officer without just cause guilty public office belongs to implement the
to comply with its order to remove, suspend, demote, penalty imposed. It can ensure compliance
fine, censure, or prosecute an officer or employee who with implementation of the penalty it fixed.
is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground for Disciplinary authority, subjects of.
disciplinary action against said officer. Sec. 21, R.A. 6770
The ombudsman is given disciplinary authority over all
Disciplinary authority, scope of. elective and appointive officials of the government and
its subdivisions, instrumentalities and agencies.
Ombudsman v. Beltran It includes cabinet members and key executive officers

G.R. No. 168039, June 5, 2009 during their tenure except only impeachable officers,
members of congress and the judiciary.
The ombudsman has full administrative disciplinary authority,
covering entire gamut of administrative adjudication which Disciplinary authority, how enforced.
entails authority to receive complaints, investigate, hear, Sec. 13(3), Art. XI, 1987 Constitution & Secs. 15(3) &
summons witnesses, require production of documents, 21, R.A. 6770
preventively suspend public officers and employees pending The ombudsman directs the officer concerned to take
investigation, determine and impose appropriate penalty based appropriate action against a public official or employee
on evidence. at fault, or who neglects to perform an act or discharge
a duty require by law and recommends his or her
removal, suspension, demotion, fine, censure, or
Morales v. CA
prosecution, and ensures compliance with it, or
G.R. Nos. 217126-27, Nov. 10, 2015
enforces its disciplinary authority.
The broad investigative and disciplinary power of the

ombudsman include all acts of malfeasance, misfeasance, and
nonfeasance of all public officers, including cabinet members
and key executive officers, during their tenure.
ADMINISTRATIVE LAW
Ledesma v. CA Bautista v. Salonga

G.R. No. 161629, July 29, 2005 G.R. No. 86439, Apr. 13, 1989
In the case of first division chair of the special inquiry board of Even if the president herself voluntarily submits appointment
the immigration and deportation bureau who is ordered of the rights commission chair for confirmation and is
suspended by the ombudsman for anomalous extension of disapproved, such appointment is completed.
temporary resident visas of 2 foreign nationals, the proper
officer is the immigration commissioner of the bureau head. The president and congress, to which appointments
commission belongs, cannot agree to move power boundaries
In doing so, the ombudsman does not encroach upon authority from time to time.
of the immigration and deportation bureau matters as it does
not impugn validity of temporary resident visa extensions. While the chair and members of the rights commission may
only be permanently appointed, they may be removed for
Its main thrust is merely to determine whether the division chair cause.
committed any misconduct, nonfeasance, misfeasance or
malfeasance in the performance of his duties. But the subsequent executive order that provides their tenure
is at the pleasure of the president is unconstitutional for being
antithetical to its constitutional mandate of independence.
The word “recommend” when taken in conjunction Human rights, defined.

with the phrase “an ensure compliance therewith”, is The universal declaration of human rights, as well as, or more
mandatory in nature within the bounds of the law. specifically, the international covenants on economic social and
cultural rights, and civil and political rights, suggests the scope
The Commission on Human Rights of human rights include those that relate to an individual’s
Aside from the 3 independent constitutional commissions, there social, economic, cultural, political and relations.
is also the Commission of Human Rights (CHR). Though it is
described as independent in the constitution, it is not on the It is closely to the term of the universal accepted traits and
same level as the constitutional commissions. attributes of an individual, of what is considered to be his or her
inherent and inalienable rights, encompassing almost aspects of
It is not self-creating and needs to be constituted by law and life.
was in fact formally constituted by a former president through
an executive order in the exercise of her legislative power at the The CHR focuses its attention to more severe cases of human
time. rights of violations; or on areas like protection of rights of
political detainees, treatment of prisoners and prevention of
Composition, qualifications and appointment. tortures, fair and public trials, cases of disappearances,
Sec. 17(2), Art. XIII, 1987 Constitution; Sec. 2(a), E.O. 163, s. salvaging and hamletting, and other crimes committed against
of 1987 the religious.
CHR is composed of a chair and 4 members who must be
natural-born Filipino citizens, majority of whom are members of While the enumeration is not preclusive, it strongly states a
the bar and, at the time of their appointment, at least 35 years priority.
of age and must not have been candidates for any elective
position in the elections immediately preceding their
appointment.
Sec. 2(c), E.O. 163, s. of 1987

The president appoints them for a term of 7 years without
reappointment. In case of vacancy, appointment to it shall only
be for the unexpired term of the predecessor.
Sec. 16, Art. VII, 1987 Constitution

Since their appointment is by authority of an executive order
that has the force and effect of a law, it precludes confirmation
by appointments commission, unlike members of the 3
constitutional commissions whose appointments expressly
requires consent.
ADMINISTRATIVE LAW
Sec. 18(3), Art. 13, 1987 Constitution
Powers and functions.
Section 18. The Commission on Human Rights shall have the
Power to investigate. following powers and functions:
Power to investigate is not to adjudicate. (3) Provide appropriate legal measures for the protection of
- investigates on its own or upon complaint by any human rights of all persons within the Philippines, as well as
party in all forms of human rights violation involving Filipinos residing abroad, and provide for preventive measures
civil and political rights and legal aid services to the underprivileged whose human
- No power to adjudicate, or power to try, decide, or rights have been violated or need protection;
hear and determine cases of human rights violations.
In short, NOT a quasi-judicial agency Power to provide preventive measures.
- May investigate, receive evidence, and find facts Appropriate legal measures to protect human rights of all
regarding claims on human rights violations persons in the country as well as Filipinos residing abroad,
- Fact-finding is not adjudication. Received evidence and provide legal aid services to the underprivileged
and ascertain from its facts of controversy is not
judicial It does not confer its jurisdiction to issue restraining order
- To be judicial, it must be accompanied by authority to or writ of injunction.
apply the law to factual conclusions so such authority
can decide with finality and definiteness subject to Preventive measures and legal aid services refer to
appeals and modes of review as provided by law. extrajudicial and judicial remedies, including preliminary
writ of injunction it may seek from proper court in behalf of
Investigate v. Adjudicate human rights violation victims
Investigate - commonly understood as to examine,
explore, inquire, or delve or probe into, research on, Only the judge may issue writ of injunction. A writ of
study. In legal sense, adjudicate means to settle in the preliminary injunction is an ancillary remedy available only
exercise of judicial authority,jj in a pending principal action to preserve and protect rights
and interest of any part of it.
Adjudicate - commonly understood to mean adjudge,
arbitrate, judge, decide, determine, resolve, rule on, Sec. 18(4 (5) (6) (7)), Art. 13, 1987 Constitution
settle.
Sec. 18(1), Art. 13, 1987 Constitution following powers and functions:
(4) Exercise visitorial powers over jails, prisons, or detention
Section 18. The Commission on Human Rights shall have the facilities;
following powers and functions:
(1) Investigate, on its own or on complaint by any party, all (5) Establish a continuing program of research, education, and
forms of human rights violations involving civil and political information to enhance respect for the primacy of human rights;
rights;
(6) Recommend to the Congress effective measures to promote
Sec. 18(2), Art. 13, 1987 Constitution human rights and to provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor the Philippine Government’s compliance with
(2) Adopt its operational guidelines and rules of procedure,
international treaty obligations on human rights;
and cite for contempt for violations thereof in accordance with
the Rules of Court;
Power to visit and recommend.
The power of the commission to visit jails prison, or
Power to cite for contempt.
detention facilities establishes a continuing research,
- adopts its operational guidelines and rules of
education, and information to enhance respect for
procedure which violations may be cited for
primacy of human rights, and monitor government
contempt
compliance with international treaty obligations on
- power of contumacy applies only to violations of
human rights
operational guidelines and rules of procedure
- only be exercised to persons who refused to
cooperate, unduly withhold relevant information,
decline to honor summons
Example: It cannot thus order the mayor to desist from

demolishing stalls and shanties erected by vendors on a land
the city plans to develop into a park, upon pain of contempt
and arrest
Power to grant immunity.
ADMINISTRATIVE LAW
SECTION 16. The President shall exercise general supervision
Sec. 18(8), Art. 13, 1987 Constitution
over autonomous regions to ensure that the laws are faithfully
executed.
SECTION 18. The Congress shall enact an organic act for each
8) Grant immunity from prosecution to any person whose autonomous region with the assistance and participation of the
testimony or whose possession of documents or other evidence regional consultative commission composed of representatives
is necessary or convenient to determine the truth in any appointed by the President from a list of nominees from
investigation conducted by it or under its authority multisectoral bodies. The organic act shall define the basic
structure of government for the region consisting of the
executive department and legislative assembly, both of which
It immunizes from any prosecution of any person whose shall be elective and representative of the constituent political
testimony or possession of documents or other evidence is units. The organic acts shall likewise provide for special courts
necessary or convenient to determine the truth in any with personal, family, and property law jurisdiction consistent
investigation it conducts or authorizes with the provisions of this Constitution and national laws.
Power to request assistance.

The creation of the autonomous region shall be effective when
Sec. 18(9) (10) & (11), Art. 13, 1987 Constitution approved by majority of the votes cast by the constituent units
Section 18. The Commission on Human Rights shall have the in a plebiscite called for the purpose, provided that only
following powers and functions: provinces, cities, and geographic areas voting favorably in such
plebiscite shall be included in the autonomous region.
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions; SECTION 19. The first Congress elected under this
Constitution shall, within eighteen months from the time of
(10) Appoint its officers and employees in accordance with law; organization of both Houses, pass the organic acts for the
and autonomous regions in Muslim Mindanao and the Cordilleras.
(11) Perform such other duties and functions as may be An autonomous is a body corporate consisting of provinces,
provided by law cities, and municipalities.
The constitution mandates creation of autonomous regions on

It may request assistance of any department, bureau, office, or
Muslim Mindanao and in the Cordilleras consisting of provinces,
agency, in the performance of its functions, appoints its officers
cities, municipalities, and geographical areas sharing common
an employees in accordance with the law.
and distinctive historical and cultural heritage, economic and
social structures, and other relevant characteristic within
The Local Government Units.
constitutional framework and national sovereignty as well as
Sec. 1&2, Art. X, 1987 Constitution territorial integrity of the country.
Section 1. The territorial and political subdivisions of the Take Note: Their creation does not establish sovereignties
Republic of the Philippines are the provinces, cities, distinct from that of the republic. The president exercises
municipalities, and barangays. There shall be autonomous general supervision over autonomous regions to ensure laws are
regions in Muslim Mindanao and the Cordilleras as hereinafter faithfully executed
provided.
August 1 and October 3, 1989 - Congress approved the organic
Section 2. The territorial and political subdivisions shall enjoy act for Autonomous Region in Muslim Mindanao and the
local autonomy. Cordilleral, respectibely.
The organic act defines basic structure of government for the

The constitution territorially and politically subdivides the region consisting of the executive department and legislative
republic into local government units as provinces, cities, assembly, both of which are elective and representative of the
municipalities, and barangays that enjoy local autonomy constituent political units.
Autonomous region, identified. It likewise provides for special courts with personal, family, and
Sec. 15,16,18,19, Art. X, 1987 Constitution property law jurisdiction consistent witn the provisions of the
national law,
SECTION 15. There shall be created autonomous regions in
Muslim Mindanao and in the Cordilleras consisting of provinces, Cordillera Autonomous Region.
cities, municipalities, and geographical areas sharing common Sec. 2(B), Art. 1, RA 6766
and distinctive historical and cultural heritage, economic and
social structures, and other relevant characteristics within the ARTICLE I
framework of this Constitution and the national sovereignty as
well as territorial integrity of the Republic of the Philippines. The Autonomous Region Name and Area
ADMINISTRATIVE LAW
Section 2. always be integral, indivisible, and inseparable part of the
national territory of the republic as defined by the constitution
(B) The area of the plebiscite shall be the provinces of and existing laws.
Benguet, Mountain Province, Ifugao, Abra and Kalinga-
Apayao, and the chartered City of Baguio. It includes municipalities of Baloi, Munai, Nunungan, Panar,
Tagoloan, and Tangkal in Lanao del Norte province, and the 39
The Organic Act creating Cordillera Autonomous Region was barangays in the municipalities of of Aleosan, Carmen,
submitted for plebiscite which was overwhelmingly rejected by Kabacan, Midsayap Pigkawayan, amd Pikit in North Cotabato
the people, except the province of Ifugao. province, and Cotabato City, Isabela in Basilan province.
It does not suffice, a sole province cannot validly constitute a It has three subregions namely, south western, north central,
region, which presupposes two or more provinces. Otherwise, south central Mindanao, all within the Bangsamoro territorial
an absurd situation results where two sets of officials. one jurisdiction,
regional and the other provincial, govern exactly the same
territory and constituency. Form of government.
Bangsamoro government is parliamentary with a democratic
political system that allow its people to freely participate in the
Autonomous Region in Muslim Mindanao. political processes.
R.A. 6734, as amended by R.A. 9054
The organic act creating autonomous region in Muslim Mindanao Ceremonial head, selection, qualification and duties.
was submitted for plebiscite in the province of Basilan, Cotabato, Wali who is a ceremonial head of the Bangsamoro
Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, government, serves a term of six years, except the first wali
Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, appointed by the Bangsamoro transition authority who serves
Zamboanga del Norte, but only provinces of Lanao del Sur, for a term of three years.
including Marawi City, Maguindanao. Sulu, and Tawi-Tawi voted
favorably. Qualifications
1. must be natural born Filipino citizen
On July 27, 2018, the organic law that created autonomous 2. able to read and write in Filipino, English or Arabic
region in Muslim Mindanao was expressly repealed by another 3. at least 40 years old,
organic law which is the Bangsamoro autonomous region in 4. resident of the Bangsamoro autonomous region for 15
Muslim Mindanao years and
5. without prior conviction for any criminal or
The Bangsamoro Autonomous Region in Muslim administrative offense by any court.
Mindanao
Duties
This was created to establish political entity, provide for its basic 1. open the session of the parliament
structure of government to recognize justness and legitimacy of 2. administers oath of office
the cause of the of the Bangsamoro people and the aspirations 3. dissolves parliament upon advice of chief minister after
of Muslim Filipinos and all indigenous cultural communiyies in vote of no confidence
the autonomous region to secure their identity, self-governance 4. calls for election of a new parliament
within consitutional framework, and territorial integrity 5. attends public ceremonies
REPUBLIC ACT No. 11054 A council of leaders advised the chief minister on matters of
governance on the Bangsamoro autonomous region, which
An Act Providing for the Organic Law for the Bangsamoro consists of chief minister as council head, members of the
Automous Region in Muslim Mindanao, Repealing for the Philippine Congress from the autonomous regions, provincial
Purpose Republic Act No. 6734, Entitled "An Act Providing for An governors, mayors of chartered cities, representatives of
Organic Act for the Autonomous Region in Muslim Mindanao," traditional leaders, non- Moro indigenous communities, women,
As Amended by Republic Act No. 9054, Entitled "An Act to settler communities, and representatives from other sector.
Strengthen and Expand the Organic Act for the Autonomous
Region in Muslim Mindanao. Powers of government, enumerated.
Without prejudice to the general supervision power of the
Bangsamoro people, identified.
president, the organic law grants Bangsamoro power to exercise
Those who, at the advent of Spanish colonization, were
authority over the following matters:
deemed natives and inhabitants of Mindanao and Sulu
Archipelago, and its adjacent lands, mixed or full blood, their
1. Administration of justice;
spouses and descendants, right to identify themselves, as
2. Administrative organization
Bangsamoro. But, indigenous people are free to retain their
3. Agriculture, Livestock, and Food Security
distinct ethnic entity in addition.
4. Ancestral Domain and Natural Resources
5. Barter Trade and Countertrade;
Territorial jurisdiction and composition.
6. Budgeting
It includes the land mass as well as the waters over which the
7. Business Name Registration
Bangsamoro autonomous region has jurisdiction, which shall
ADMINISTRATIVE LAW
8. Cadastral Land Survey Shari’ah or Islamic Law forms part of the Islamic tradition
9. Civil Service derived from religiois precepts of Islam, particularly Qur’an and
10. Classification of Public Lands Sunnah. It applies exclusively to cases involving Muslims.
11. Cooperatives Where a case involves a non-Muslim, it may apply only of the
12. Entrepreneurship non-Muslim voluntarily submits to the jurisdiction of the
Shari’ah court.
It also has authority over alteration of boundaries, creation of
GOCC and pioneer firms, and sources of revenue. The Shari’ah Courts within the territorial jurisdiction of the
Bangsamoro government enjoy fiscal autonomy such as levy Bangsamoro autonomous region forms part of the Philippine
taxes, fees, and charges subject to provisions of equality and judicial system subject to supervision of the supreme court.
equity, share in the national budget allocations, and other
budgetary allocations. The Shari’ah Court is either circuit or district court. The latter
exercises appellate jurisdiction over all cases decided upon by
It also exercises authority over cultural exchange, economic the circuit court within the territorial jurisdiction of the
zones, grants and donations, haji and umrah, inland waters, autonomous region
banking and finance, labor,infrastructures and distribution of
commodities. The organic law also creates Shari’ah high court with original
exclusive jurisdiction. It has exclusive appellate jurisdiction
Intergovernment relations. over cases under the jurisdiction of the district courts. Its
The president exercises general supervision over the decision is final and executory except on questions of law that
Bangsamoro government. Both of them coordinate and resolve may be raised before the supreme court.
issues on intergovernmental relations through regular
consultation and negotiations in a non-adversarial manner. Powers of government, where vested.
Government powers are vested in the parliament that exercises
The organic law creates a Philippine Congress-Bangsamoro powers and functions expressly granted to it by the organic
Parliament forum. It likewise creates an intergovernmental law. It sets policies, legislates on matters within its authority,
fiscal policy board that addresses revenue fluctuations. and elects a chief minister who exercises executive authority
on its behalf.
Local government units.
The parliament enacts a Bangsamoro local government code The Bangsamoro Parliament.
under the local government code and existing laws.
Composition.
The parliament may create or divide or merge municipal or The parliament is composed of 80 members, unless otherwise
barangay boundaries. For the creation of legislative districts, increased by Philippine Congress, half of which are
Bangsamoro government coordinates with the national representatives of political parties elected via system of
government through the Philippine congress-Bangsamoro proportional representation.
Parliament Forum to deliberate.
Not more than 40% of the parliament membership is
Administrative organization allocated to parliamentary seats while reserved seats and
The Bangsamoro government has power to create offices and sectoral representatives constitute at least 10% including
organize its own bureaucracy, and establish offices and two reserved seats each for non-Moro indigenous people and
institutions necessary to exercise functions to deliver social settler communities.
services in the autonomous region.
Women, youth, traditional leaders, and the Ulama have one
The civil service commission establishes a regional civil service sectoral seat each, provided, reserved seats and sectoral
office and other field offices as may be needed in the representatives shall in no case be less than eight seats.
autonomous region to efficiently perform its powers and
functions. Officers of the Parliament.
On the first day of session of the parliament following their
The elections commission establishes Bangsamoro electoral election, the members elect by a majority vote of all its
offices and organic law creates Bangsamoro human rights, members the speaker, a deputy speaker, and other officers of
which closely coordinates with the national human rights the parliament as may be provided by its rules.
commission,
Term of office and limit.
In case of conflict national laws, the constitution and existing Term limit is three years for parliament members provided no
national civil service laws, rules and regulations prevail. member serves for more than three consecutive terms.
Bangsamoro justice system. Voluntary renunciation of office for any length of time or
It is administered in accordance with the unique and historical parliament dissolution by the wali does not interrupt continuity
heritage of the Bangsamoro. Shari’ah, traditional or tribal laws of service for the full term for which the member was elected.
and other relevant laws.
Qualifications.
1. Filpino citizen
ADMINISTRATIVE LAW
2. at least 25 years age on the day of During the holdover period, the chief minister, and the cabinet
election,except the candidate for youth are not allowed to contract loans, disburse public funds, except
representative who is not less than 18years for payment of salaries, and they shall not appoint except
and not more than 30 years of age at the time temporary appointments to positions when continued vacancies
of election prejudice public service or endanger public safety.
3. able to read and write
4. registered voter in the Bangsamoro Executive Officers.
autonomous region
The Chief Minister, election and qualifications.
But a candidate for district representative must be a registered 1. Must be a parliament member
voter of the district in which the person is a candidate and has 2. Natural-born Filipino
resided in the same district for at least one year immediately 3. At least 25 years old on the day of election
preceding election day. 4. is elected by majority vote of all parliament members
on the first day of session following their election
Powers.
Within its territorial jurisdiction and subject to constitutional
and statutory provisions, the organic act of autonomous If no member obtains majority vote necessary to be elected
regions provides for: chief minister in the first round of voting, a runoff election is
1. legislative powers over administrative organization; conducted, provided members elect the chief minister from two
2. creation of sources of revenues; candidates who obtained highest number of votes .
3. ancestral domain and natural resources,
4. personal, family and property relations; The chief minister heads the cabinet that exercises function and
5. regional urban and rural planning development,; authority, nominates deputy ministers who are elected by the
6. educational policies, preservation and development of parliament, and appoints cabinet members, majority of whom
cultural heritage; comes from the parliament.
7. and such other matters as may be authorized by law to
promote general welfare of their people. Powers, duties and functions.
Do not include: ● Chief minister heads the Bangsamoro government

1. National defense and security; ● Appoints heads ministries, agencies, bureaus, and
2. Foreign relations and foreign trade; offices or other officers of Bangsamoro-owned or
3. Customs and Tariff controlled corporations or entities with original charters
4. Quarantine ● Formulates platform of government subject to approval
5. Currency of the parliament
6. Monetary Affairs ● Issues executive orders and other policies of the
7. Foreign Exchange Bangsamoro government
8. Banking and Quasi-banking ● Represent in the affairs of the Bangsamoro
9. External Borrowings autonomous region
10. Posts and Communications ● Proclaims a state of calamity whenever natural or man-
11. Air and Sea Transport made calamities cause widespread damage and
12. Immigration and Deportation destruction to life or property in the Bangsamoro
13. Citizenship and Naturalization autonomous region
14. General Auditing ● Other powers and functions inherent to the office
Defense and security of the Bangsamoro autonomous region are Deputy Chief Ministers.
the responsibility of the national government. The parliament The chief minister nominates two deputy chief ministers, who
has authority to enact laws on matters within the competencies may each hold a cabinet piston, and elected by members of the
of the Bangsamoro government. It calls for a referendum on parliament, both of whom come from the two subregions
important issues affecting the Bangsamoro autonomous region.. different from that of the chief minister, in order to ensure
representation
Dissolution. Province, identified.

Within 72hours upon a vote of no confidence of at least A province is a political and territorial body corporate consisting
⅔ of all parliament members against the government of the of several municipalities and cities
day, the chief minister advises the wali who cannot countermand
it lest he/she may be removed, to dissolve the parliament Sec. 9, Art. XVIII, 1987 Constitution
and call for a new parliamentary election to be held not
later than 120 days from the date of dissolution ARTICLE XVIII
After a vote of no confidence against the government of the day SECTION 9. A sub-province shall continue to exist and operate
is obtained and before a new government is formed, the until it is converted into a regular province or until its component
incumbent chief minister and the cabinet continue to conduct municipalities are reverted to the mother province.
affairs of the Bangsamoro government
ADMINISTRATIVE LAW
City and municipality, identified.
Sec. 12, Art. XI, 1987 Constitution Administration, when decentralized.
Administration is decentralized when the central
ARTICLE XI government delegates administrative powers to
political subdivisions to broaden the base of
SECTION 12. Cities that are highly urbanized, as determined government power.
by law, and component cities whose charters prohibit their
voters from voting for provincial elective officials, shall be Makes local governments more responsive and
independent of the province. The voters of component cities accountable and ensures their fullest development as
within a province, whose charters contain no such prohibition, self-reliant communities and make them more effective
shall not be deprived of their right to vote for elective provincial partners in the pursuit of national development and
officials. social progress.
Cities and municipalities are political and territorial bodies President exercises general supervision to ensure that
composed of barangays subordinate to a province, except highly local affairs are administered according to law.
urbanized cities, as determined by law, and component cities
whose charters prohibit their voters from voting provincial Power, when decentralized.
elecive officials that are independent of the province. Power decentralizes when it abdicates political power
in favor of local government units declared
But voters of component cities within province, whose charters autonomous, free to chart its own destiny and shape
contain no such prohibition, are not deprived of their right to its future with minimum intervention from central
vote for elective provincial officials. authorities.
Three Kinds of Cities: National government delegates administrative powers

1. Highly Urbanized Cities as determined by law over local affairs to political subdivisions.
2. Cities not categorized as highly urbanized but whose
charters prohibit theur vooters from voting in provincial Amounts to self-immolation, autonomous
elections government loses accountability to central authorities
3. Component cities tha are still under a province in some but to constituency.
way
Pimentel v. Aguirre,
Barangay, identified G.R. No. 132988, July 19, 2000
It is the basic political and territorial self-governing body
corporate subordinate to the municipality or city of which it In the process, it makes local governments more responsive and
forms part, accountable and ensure their fullest development as an self-
reliant communities and make them more effective partners in
Local autonomy the pursuit of national development.
Sec. 25, Art.II, 1987 Constitution

Local autonomy, how protected.
The constitution safeguards state policy on local
ARTICLE II
autonomy by confining power of the president over
SECTION 25. The State shall ensure the autonomy of local
local government units to mere general supervision,
governments
but only to ensure local affairs are administered
according to law.
In order to guarantee and promote local autonomy and to
highlight significance, attain fullest development as self-reliant Local autonomy, scope of.
communities and make them more effective partners to attain Local autonomy does not mean to terminate
national goals. partnership and interdependence, as well as severs
from the national government or to otherwise convert
The process of decentralization proceeds from the national it to federalism.
government to the local government units.
Villafuerte Jr. v. Robredo
Local autonomy, rationale. G.R. No. 195390, Dec. 10, 2014
Intended to break up the monopoly of the national
government over local government affairs to end Supervision is not incompatible with discipline. And the power
partnership and interdependence between central to discipline and ensure laws be faithfully executed must be
administration and local government units. construed to authorize the president to order investigation of
any act or conduct of local officials he deems required for the
Decentralization, defined. good of public service.
It devolves national administration, not power, to local
governments. Local officials remain accountable to the Power of supervision, how exercised.
central government as the law provides. Autonomy The constitution guarantees autonomy to local
decentralize either administration or power government units, subject to power of control by
ADMINISTRATIVE LAW
congress and supervision by the precedence, exercised President and his/her alter egos cannot interfere in
through the local government secretary. local affairs as long as concerned local government unit
acts within constitutional and statutory parameters.
Sec. 5, Art. II & Sec. 2, Art. X, 19877 Constitution;
Any directive therefore by the president or any of
Article II his/her alter ego seeking to alter wisdom of a law
SECTION 5. The maintenance of peace and order, the protection conforming judgement on local affairs of a local
of life, liberty, and property, and the promotion of the general government unit is a patent nullity.
welfare are essential for the enjoyment by all the people of the
blessings of democracy It violates principle of local autonomy and
separation of powers of executive and
Article X legislative department in governing municipal
SECTION 2. The territorial and political subdivisions shall enjoy corporations.
local autonomy
Taule v. Santos
G.R. No. 90336, Aug. 12, 1991
Sec. 14, B.P. 337 or the Local Government Code
In the same way, the local government secretary has no
Section 14. National Supervision over Local Governments. - authority to pass upon the legality of katipunan ng mga
barangay elections. Allowing him to nullify election results and
(1) The President of the Philippines shall exercise general order another election exceeds his constitutional and statutory
supervision over local governments to ensure that local affairs powers.
are administered according to law. General supervision includes
the power to order an investigation of the conduct of local In effect, it permits him to control local government officials and
government officials whenever necessary. Such general interfere in a purely democratice and non-partisan activity aimed
supervision shall be exercised primarily through the Ministry of to strengthen the barangay as basic component of local
Local Government. governments to achieve ultimate goal of full autonomy.
(2) All ministries and national offices having to do with local

Dadole v. COA
government administration shall be confined to the setting of
G.R. No. 125350, Dec. 3, 2002
uniform standards and guidelines to obviate the need for
requiring prior approval or preclearance on regular and recurring
The law does not authorize setting a definite maximum limit to
transactions and other activities normal to local governments. In
additional allowance. The prohibitory nature of the local budget
this regard, the Ministry of Local Government shall establish and
circular inappropriately enforces statutory criterion. It cannot
maintain appropriate coordinative and consultative
supersede amount of additional allowances granted by the
arrangements with other ministries and national offices
annual appropriation ordinance of the city
concerned with respect to the monitoring and securing of proper
compliance with such standards and guidelines specially on
Villafuerte Jr. v. Robredo
matters which are highly technical in nature. Moreover, as a
G.R. No. 195390, Dec. 10, 2014
matter of general policy and whenever appropriate, the Ministry
of Local Government shall exercise its supervisory authority over
Nonetheless, the power of the president to supervise local
municipalities through the provinces, and barangays through
governments units is not antithetical to his power to
municipalities and cities.
investigate and impose sanctions
(3) Where appropriate, ministries and national agencies with
project implementation functions other than the Ministry of Local Power of supervision, rationale.
Government, shall coordinate with and secure the desired The heads of political subdivisions are elected by the
integration with allied national government functions. people, deriving sovereign powers from the electorate
to whom they are directly accountable.
(4) Unless the contrary is provided, the regional offices or
appropriate field units of the various ministries and national Local governments are subject only to power of
agencies in the region shall be the major points of contract and supervision, not power of control, so long as they
liaison between local governments and the national exercise within the sphere of their legitimate powers.
government. For this purpose, the national government shall,
as a general policy and as much as practicable, effect the Dadole v. COA
substantial delegation of authority and powers to the regional G.R. No. 125350, Dec. 3, 2002
offices.
The president may not withhold or alter any given constitutional
Power of supervision, scope of. or statutory power. Otherwise, he violates principle of local
The president’s power of general supervision means autonomy and separation of powers of executive and legislative
the power of a superior officers to see to it that departments governing municipal corporations.
subordinates perform their functions according to law.
Power of control and supervision,
distinguished.
ADMINISTRATIVE LAW
In administrative law, supervision means overseeing with the appropriate public agencies, various private
or the power or authority of an officer to see that sectors, and local government units
subordinate officers perform their duties. If it fails or
neglects to fulfill, the officer may take action as Requisites to limitation.
prescribed by law (mere oversight) The President, however, cannot perform these acts
unilaterally. For the President to lawfully interfere in
Control means the power of an officer to alter, modify local fiscal matters, the following requisites to concur.
or set aside what a subordinate officer has done in the 1. Unmanaged public sector deficit of the national
performance of duties, and to substitute his or her government
judgement. 2. Prior consultation with presiding officers of the
senate, house of representatives and presidents of
various local leagues,
Taule v. Santos,
3. Corresponding recommendation of the
G.R. No. 90336, Aug. 12, 1991
secretaries of finance, local government and
budget, and
To monitor means to watch, observe or check, acts compatible
4. Any adjustment in the allotment does not fall
with the power of supervision
below 30% of the collection of national internal
revenue taxes of the third fiscal year preceding the
Pimentel v. Aguirre, current fiscal year.
G.R. No. 132988, July 19, 2000 Pimentel v. Aguirre
G.R. No. 132988, July 19, 2000
Despite its rather authoritative language and commanding tone
however, the directive to local government units to identify and Without showing that the government suffers from unmanaged
implement measures to reduce total expenditures by at least public deficit and without claims that different leagues were
25% of authorized regular appropriations for non-personal consulted, the president has no authority to adjust, much less
services items is merely directory in character and does not unilaterally, reduce internal revenue allotment for local
interfere with local autonomy, especially where there are no government units.
sanctions for non compliance.
Local fiscal autonomy, basic features of.
A basic feature of local fiscal autonomy is the automatic
Local fiscal autonomy, defined. release of local government shares in the national
It means local governments are empowered to create internal revenue.
their own sources of revenue in addition to their
equitable share in national taxes released by the The Constitution mandates that “local government
national government, as well as the power to allocate units shall have a just share, as determined by law, in
their resources in accordance with their own priorities the national taxes which shall be automatically released
to them”.
Pimentel v. Aguirre
G.R. No. 132988, July 19, 2000 Automatic release of just share.
Pimentel v. Aguirre
It is merely directory in character, despite its rather authoritative G.R. No. 132988, July 19, 2000
language and commanding tone. It does not interfere with local
autonomy, especially since it does not penalize non-compliance. The administrative order to withhold 10% of internal revenue
allotment legally due to local government units effectively
encroaches on their fiscal autonomy. Even if withholding was
well-intentioned due to a financial crisis and is only
Limitation to fiscal autonomy.
temporary (HOLDBACK), it runs counter with a basic feature
Local fiscal autonomy does not rule out any manner of
of local fiscal autonomy-automatic release of local government
national government intervention by way of
shares in the national internal revenue.
supervision to ensure local programs, fiscal or
otherwise , are consistent with national goals
Holdback, defined
.
While the order to withhold 10% internal revenue allotment for
local government units appears temporary, pending assessment
A. BY WAY OF PRESIDENTIAL SUPERVISION.
and evaluation of emerging fiscal situation, it still amounts to
Pimentel v. Aguirre
holdback, which means something held back or withheld
G.R. No. 132988, July 19, 2000
temporarily. The temporary character of retention by the
national government does not matter. Any form of retention
By constitutional fiat, the president heads the
is prohibited.
government economic and planning agency primarily
responsible to formulate and implement continuing,
coordinated and integrated social and economic policies,
plans and programs for the country subject to consultations
ADMINISTRATIVE LAW
Prov. of Batangas v. Romulo
G.R. No. 152774, G.R. No. May 27, 2004
Being automatic connotes something mechanical, spontaneous B. BY WAY OF PUBLIC ACCOUNTABILITY
and perfunctory. As such, the local government units are The constitution strongly summons the state to adopt and
not required to perform any act to receive just share implement a policy of full disclosure of all transactions involving
accruing to them from the national coffers without need of public interest and to provide the people with the right to access
further action. public information.
The law mandates the share of each local government unit Fiscal autonomy does not leave local government units with
shall be release, without need of any further action, directly to unbridled discretion on how to disburse public funds. They
the provincial, city, municipal, or barangay treasurer, as the remain accountable to their constituency. For public office was
case may be, on a quarterly basis within 5 days after end of created to benefit the people and not the person that holds
each quarter, and which shall not be subject to any lien or office.
holdback that may be imposed by the national government for
whatever purpose. The requirement to post is a mere transparency measure
that does not, in any manner, hurt the manner by which local
Thus, the appropriation laws that earmarked P 5 billion, taken government units decide to use and allocate their funds.
from the internal revenue allotment of local government units,
for the local service equalization fund is unconstitutional. NOTE: The supervisory powers of the president are broad
enough to embrace power to require publication of certain
It subjects its release to implementing rules and regulations documents as a mechanism of transparency.
which requires the local government units to identify projects
eligible for funding based on criteria laid down by an oversight Villafuerte Jr. v. Robredo
committee, to submit their project proposal to the interior and G.R. No. 195390, Dec. 10, 2014
local government department for appraisal which needs further
review… While the memorandum circular requires local government units
to publish additional information on budgets, expenditures,
To subject its distribution and release to the vagaries contracts and loans and procurement plans that are not
of implementing rules and regulations, including expressly required by the local government code, they are not
guidelines and mechanisms unilaterally prescribed by the precluded either, as they fall well within its contemplation to
oversight committee, makes the release not automatic. accurately present summary of appropriations and
disbursements they are required to publish. It neither infringes
on local fiscal autonomy nor go beyond letter and spirit of other
laws like the procurement reform law or the local government
Determined by law. code that requires publication of a summary of revenues
Congress may increase or decrease just share collected and funds received, including the appropriations and
but only through amending the Local disbursement of such funds since it merely implements avowed
Government Code which provides the state policy to make public officials accountable to the people.
provision fixing just share.It can neither It combines existing laws, rules and regulation designed to give
increase nor decrease just share by way of teeth to the constitutional mandate of transparency and
general appropriation law. accountability.
Prov. of Batangas v. Romulo

G.R. No. 152774, G.R. No. May 27, 2004
b. Creation by express constitutional mandate or
A separate law amends the local government code not an authority
appropriation law. An appropriation bill cannot include matters The Bangko Sentral ng Pilipinas.
that should be properly enacted in a separate legislation.
The constitution mandates congress to establish an independent
A general appropriations bill is a special type of legislation, which central monetary authority. (Sec. 20, Art. XII, 1987 Constitution)
content is limited to specified sums of money dedicated to a
specific purpose. But while it is described as independent however, it does not
have the same status as the constitutional commissions.
Any provision in it that is intended to amend another law is an (Bernas, S.J., The 1987 Constitution of the Republic of the
inappropriate provision which includes unconstitutional Philippines: A Commentary, 1996 Ed., p. 1057, citing III Record
provisions and those intended to amend other laws. 696)
Clearly both kinds of laws have no place in an appropriations
bill. Until Congress otherwise provides, the existing central bank of
the country, continues to function as the central monetary
For, to permit congress, by way of appropriations law, to authority (R.A. 265)
increase or decrease just share fixed by local government code In response to it, congress passed the new central bank law
gives it unbridled authority to unduly infringe fiscal autonomy of establishing an independent central monetary authority with a
the local government units and jeopardizes it every year. capital of two hundred billion pesos fully subscribed by the
ADMINISTRATIVE LAW
government, a body corporate known as the Bangko Sentral ng Canonizado v. Aguirre
Pilipinas. (R.A. 7653) G.R. No.133132, Jan. 25, 2000
Its responsibility is to provide policy discretions in areas of Composition, qualifications and appointment
money, banking and credit. It supervises operations of banks Composed of chair, with interior and local government secretary
and, as provided in the central bank law and other pertinent as ex-officio chair, and four regular commissioners with the
laws, regulates and examines quasi-banking operations of non- police chief as ex officio member.
bank financial institutions. (R.A. 11211) Three of the regular commissioners come from civilian sector
Its primary objective is to maintain price stability conducive to a who are neither active nor former members of the police or
balanced and sustainable economic and employment growth, military, one of whom the president designates as vice-chair
and also, to promote and maintain monetary stability and peso who acts as its executive officer.
convertibility. The fourth regular commissioner comes from law enforcement
sector either active or retired, provided an active member is
In order to attain these objectives, the central bank promoted deemed resigned from the law enforcement agency once
broad and convenient access to high quality financial services appointed to the commission, provided further at least one of
and considers interest of the general public. the commissioners is a woman.
Its powers:
1. Exclusive power to issue currency
2. Power to characterize currency Under RA 6975, no person is appointed a regular member unless
3. Power to withdraw and demonetize currency a Filipino citizen, member of the Philippine bar with at least 5
4. Power to retire old notes and coins years of experience in handling criminal or human rights cases
or holder of a master’s degree, preferably doctorate degree in
The Monetary Board. public administration, sociology, criminology, criminal justice,
The constitution mandates members of the governing law enforcement and other related disciplines.
board of the central monetary authority must be
natural-born Filipinos of known probity, integrity, and The regular member from the law enforcement sector must have
patriotism, majority of whom comes from the private practical experience in law enforcement work for at least 5
sector to assure its independence from all sectors, local years.
or foreign, especially the executive department.
Congress thus passed the new central bank law While the 3 other regular commissioners must have done
creating a monetary board composed of seven extensive research work or projects on law enforcement,
members appointed by the president for a term of 6 criminology or criminal justice, or members of a duly registered
years including the central bank governor who chairs non-government organization involved in the promotion of
the monetary board , one member who is a cabinet peace and order.
secretary designated by the president, and five other
members from the private sector. Note: Since Congress created the commission, it also has the
power to provide for its composition.
The National Police Commission. Whether it limits the law enforcement sector to only one position
The Constitution prohibits military members who are in active or categorizes the police as part of law enforcement sector
service from being appointed or designated in any capacity to despite its civilian character, or requires that at least one of
any civil service position including government owned or commissioners is a woman thus discriminatory, it is beyond
controlled corporations or any of their subsidiaries. doubt that the legislature has the power to provide for the
But the State is constitutionally mandated to establish and composition of the NAPOLCOM since it created such body.
maintain one police force, national in scope and civilian in Besides, these questions go into the very wisdom of the law,
character, administered and controlled by a national police and unquestionably lie beyond the normal prerogatives of the
commission. (Sec. 6, Art. XVI, 1987 Constitution). Court to pass upon.
Hence, military and police forces do not go together.
Administrative authority of local chief
Carpio v. Executive Secretary executives over the police.
G.R.No. 96409, Feb. 14, 1992 Carpio v. Executive Secretary
G.R. No. 96409, Feb. 14, 1992
The civil service commission’s power to attest or properly
endorse appointments of police members and officers The president controls all executive departments, bureaus and
underscores the civilian character of, and without doubt officers and extends over all executive officers from cabinet
professionalize the police force. secretary to clerk. Governors and mayors, after being elected
and qualified as such, are automatically deputized to represent
The Civil service commission, however, needs a law to provide the police commission to participate in the administration of
local chief executives authority over police units in their the national police in their respective jurisdiction.
jurisdiction. Presently, the interior local government act is that
law. NOTE: Police commission may, after consultation with
governor and district representative concerned,
ADMINISTRATIVE LAW
suspend or withdraw any deputation of any local chief restriction to specified limits, suspension or
executive for any of the following grounds: forfeiture of salary, or any of its combination,
1. Frequent unauthorized absences, abuse of for a period of not less than 16 days but not
authority, providing material support to exceeding 30 days
criminal elements or engaging in acts inimical Note: This grant of disciplinary powers to
to national security or which negate the mayors does not derogate control
effectiveness of peace and order campaign. power of the police commission over
2. Upon good cause shown however, the police force as it exercises appellate
president may directly or through the police jurisdiction over their decisions through
commission, motu proprio reverse such regional appellate boards.
suspension or withdrawal. 3. Power of operational supervision and control
The local chief executives can exercise
Under RA 6975, governors and mayors have the power operational supervision and control over
to inspect police forces and units, conduct audit and police units in their respective jurisdiction,
exercise other functions as may be duly authorized by except during election period when the
the police commission. election commission supervises and controls
Local chief executives also has the following powers: local police forces.
1. Power to choose Note: Operational supervision and
Governor is empowered to choose control includes power to direct,
the provincial police director from a superintend, oversee the day to day functions
list of three eligibles recommended of police investigation and prevention of crime
by the regional police director and and traffic control in accord with rules and
oversee provincial public safety plan regulations promulgated by the commission.
implementation. It includes the power to direct
Mayor is authorized to choose their employment and deployment of police
respective city or municipal police units or elements, through the station
chief from a list of five elegibles commander, to ensure public safety and
recommended by the provincial maintain peace and order within the locality.
police director, recommend transfer, Note: Employment refers to utilization of
reassignment or detail of police police units or elements to protect life and
members outside their respective property enforce laws, maintain peace and
city or town residences or order, prevent crimes, arrest criminal offenses
recommend, from a list of eligibles and bring them to justice, and ensure public
previously screened by the peace safety, particularly to suppress disorders,
and order council, the appointment riots, lawlessness, violence, rebellious and
of new police members to be seditious conspiracy, insurgency subversion
assigned to their respective cities or and other related activities. Thus, the
municipalities absent which no such control and supervision of anti-
appointment is attested. gambling operations is within
Note: This power and authority jurisdiction of local government
to choose does not usurp power executives.
of control of police commission Deployment means orderly and organized
since they merely act as physical movement of police elements or units
deputies of, and answerable to the within the province, city or municipality for
police commission for their actions in purposes of employment.
the exercise of functions. While their Note: But this operation supervision and
acts are valid and bind the police control over police units by local chief
commission, the latter may still executives does not usurp control
revoke it. power of police commission, as they
The power to choose is not the same supervise and control in their capacity as its
as the power to appoint. The choice deputies answerable to it.
is limited to a list of eligibles who Again, the acts of governors and mayors
meet general qualifications for may be valid and binding but may still
appointment. be countermanded by police
2. Power to discipline commission.
Mayors can also develop and
establishes an integrated community public
safety plan embracing priorities of action and Administrative authority of the President over
program thrusts for implementation by local the police.
police stations, penalize minor offenses The interior and local government departments
committed by police members assigned to preserve internal security while the armed forces
their respective jurisdictions or offenses preserve external security. While the interior
punishable by withholding of privileges, department is relieved of primary responsibility on
ADMINISTRATIVE LAW
matters involving suppression of insurgency and other government agency involved in such community, at
serious threats to national security, the national police least 35 years old at the time of appointment, and of
still supports the armed forces on such matters through proven honesty and integrity, provide at least 2 of them
information gathering and performance of ordinary are members of PH Bar.
police function, except where the president calls
on the police to support the armed forces in On Jurisdiction,
combat operations . Lim v. Gamosa
G.R. No. 193964, Dec. 2, 2015
Carpio v. Executive Secretary
G.R. No. 96409, Feb. 14, 1992 While the language of the statute confers jurisdiction over all
claims and disputes involving rights of indigenous peoples and
This relationship between the two departments neither cultural communities to the commission on indigenous people,
encroaches upon nor interferes with executive control and this applies only when they arise between or among parties
commander-in-chief powers of the president. The national police belonging to the same indigenous peoples and cultural
force, not being integrated with the military, is not part of the communities.
armed forces. It does not fall under presidential commander-in-
chief powers. As a civilian government agency, it properly comes Two elements must thus concur before exercise of
within, and is subject to presidential exercise of executive jurisdiction by the commission is invoked-the claim and
control power. dispute involve the right of indigenous peoples and
cultural communities and, both parties have exhausted
The 3 constitutional commissions on elections, audit and civil all remedies under their customary laws.
service and other constitutionally created human rights The statutory proviso on customs and customary law excludes
commission are independent of the executive, but the police disputes where the opposing party is not a member of
commission is not. indigenous peoples and cultural communities. Such customary
It is under and hence may be controlled by the president law is a primary source of rights that uniquely applies to them.
through his or her alter ego, the interior and local government The commission is incompetent to determine rights, duties and
secretary. obligations of non-members of such communities under other
laws although it may also involve rights of the latter.
Even in his or her capacity as commander-in-chief, the president Where two defendants to the case are not members of
does not become a member of the armed forces. As a civilian indigenous peoples and cultural communities thus, the regular
commander-in-chief, his or her position is consistent with, and courts have jurisdiction. The commission has no ipso facto
a testament to, constitutional principle that civilian authority jurisdiction over a petition by mere expedient it involves rights
is, at all times, supreme over the military. of indigenous peoples and cultural communities.
The National Commission on Indigenous Cultural It is not enough that plaintiffs identify themselves as
Communities/Indigenous Peoples Tagbanuas or representatives of the Tagbanua
The Constitution authorizes congress to create a consultative indigenous cultural community. They must also allege
body to advise the president on policies affecting indigenous ultimate facts constitutive of customs, political
cultural communities, which majority members come from such structures, institutions, decision-making processes and
communities. ( Sec. 12, Art. XVI, 1987 Constitution) such other indicators of indigenous persons nature
Thus, the commission on indigenous cultural communities/ distinct and native to them.
indigenous peoples was created. It is an independent agency
under the office of the president that acts as the primary The Commission on the Filipino Language
government agency responsible to formulate and implement The constitution mandates congress to establish a national
policies, plans and programs to promote and protect the rights language commission represented by various regions and
and well-being of the indigenous peoples and cultural disciplines to undertake coordination, and promote research to
communities and to recognize their ancestral domains and rights develop, propagate and preserve Filipino and other languages.
thereto. (Sec. 9, Art. XIV, 1987 Constitution)
Composition, qualifications and appointment Composition and appointment

Under R.A. 8371, the commission is composed of 7 The Filipino language commission is composed of 11
commissioners belonging to indigenous peoples and commissioners, one of whom serves as the chair,
cultural communities, one of whom is the chair and at appointed by the president from a list of nominees
least 2 are women, appointed by the president from a submitted by different ethnolinguistic regions in the
list of recommendees submitted by authentic country. The commissioners represent the major
inidgenous peoples and cultural communities Philippine languages- Tagalog, Cebuano, Ilocano,
specifically from each of the 7 ethnographic areas in Hiligaynon and the major language of Muslim
the country. The chair and 6 commissioners are Mindanao, the northerm and southern cultural
natural-born filipino citizens, bona fide members of communities and such other Philippine languages or
indigenous peoples and cultural communities as ethnolinguisit regions as it my decide, provide, at last
certified by their tribe, experienced in ethnic affairs and 4 also represent various disciplines.
who have worked for at least 10 years with indigenous
peoples and cultural communities and/or any Qualifications and term of office
ADMINISTRATIVE LAW
No person is appointed commissioner unless a natural- Leveriza v. IAC
born citizen, at least 30 years old, morally upright and G.R. No. L-66614, Jan. 25, 1988
noted for expertise in linguistics, the culture and the
language of an ethnolinguistic region and the discipline Where law authorizes the president or an officer duly designated
he or she represents. The chair and 2 full-time by him or some other officer expressly granted by law to execute
commissioners serve for a term of 7 years, 4 the civil aeronautics admnistrator may lease real property under
commissioners to serve for 5 years and 4 his administration, even without approval of the department
commissioners to serve for 3 years. secretary or the president, where another law expressly
authorizes him to enter into, make and execute contracts of any
Powers, functions and duties kind with any person, firm or public or private corporation or
Among others, the Filipino language commission entity.
formulates policies, plans and programs to further
develop, enrich, progpates rules, regulations and The civil aeronautics administration is authorized to enter into a
guidelines to implement them. contract of lease not because it is an entity authorized by the
president, but because he derives authority to execute from the
The National Economic and Development Authority third category, a law that expressly vests it with authority to
The constitution made its creation optional, an economic execute.
planning agency should not be constitutionalized since formal
economic planning is not an indispensable party of managing
the national economy. ( Sec. 9, Art. XII, 1987 Constitution) Agency, defined
EO. 230, s. 1987, reorganized and granted it authority Statute defines it as any of various government government
composed of two separate and distinct entities, the board, units, including a department, bureau, office, instrumentality,
where its powers and functions reside, and the secretariat, its or government-owned or controlled corporation or a local
research and technical support arm. government or a distinct unit in it.
The board is primarily responsible to formulate continuing,
coordinated and fully-integrated social economic policies, plans The Departments in the Executive Branch.
and programs. It refers to an executive department created by law. The
executive branch has such departments as are necessary for the
Composition functional distribution of the work of the president and for the
President as char, director-general as vice-chair, performance of their functions. The executive branch has such
secretaries of finance, trade and industry, agriculture departments as are necessary for the functional distribution of
and natural resources, public works and highways, the work of the president and for the performance of their
budget and management, labor and employment, local functions.
government and the executive as members. Unless the administrative code or other law provides otherwise,
the department proper includes the office of the secretary and
c. Creation by law the staff units directly under it. It consists of the secretary and
Buklod ng Kawaning EEIB v. Executive Secretary the undersecretary or undersecretaries, and personnel in their
G.R. No. 142801-802, July 10, 2001 immediate offices. Every secretary is assisted by such a number
of undersecretaries as may be provided for the administrative
Except for offices created by the constitution, creation of a public code or by law. Whenever necessary, assistant secretary
office is primarily a legislative function. Where no constitutional positions or positions may be created to form part of the
provision restricts legislative power in this respect, it is supreme, department proper.
and congress may decide for itself what offices are suitable,
necessary, or convenient. The Departments, enumerated
1. Department of Foreign Affairs
The administrative code identifies and defines Lead agency that advises and assists the
administrative agencies created by law as to president in planning, organizing, directing,
include any department, bureau, commission, coordinating and evaluating total national
authority or officer of the national effort in foreign relations. It negotiates
government authorized by law as to include treaties and other executive agreements
any department, bureau, commission, purisant to instructions of the president, and
authority or officer of the national in coordination with other government
government authorized by law or executive agencies, and protects and assists Philippine
order to make rules, issue license, grant rights nationals abroad.
or privileges, and adjudicate cases, research 2. Department of Finance
institutions with respect to licensing functions, Formulates, instutionaizes and administers
government corporations with respect to fiscal policies in coordination with other
functions regulating private right, privileges, government subdivisions, agencies and
occupation or business, and officials in the instrumentalities, to generate and manage
exercise of disciplinary power as provided by government financial resources, and ensure
law.(Sec. 2(1), Chap. I, Book VII, E.O. 292) they are generated and manages judiciously
in a manner supportive of development
objectives.
ADMINISTRATIVE LAW
3. Department of Justice extended to transform farm lessees and farm
Principal law agency of the government that tenants into owner-cultivators of economic
is both its legal counsel and prosecuting arm. family-size farms to improve their living
Among others, it investigates commission of conditions. Among others, it implements laws,
crimes, prosecutes offenders, administers programs and policies for the acquisition and
probation and correction. distribution of all agricultural lands as
4. Department of Agriculture provided by laws, resettles landless farmers
Promotes agricultural development by and farmworkers in government-owned
providing policy framework, public agricultural estates to be distributed to them
investments and support services needed for as provided by law.
domestic and export-oriented business 12. The Department of Interior and Local
enterprises. Its primary concern is to improve Government.
farm income and generate work opportunities It assists the president in the exercise of
for farmers, fishermen and other rural general supervision over local governments
workers. and in entrusting autonomy, decentralization
5. Department of Public Works and Highways and community empowerment. Among
It is the engineering and construction arm of others, it advises the president on the
the state, tasked to develop its technology to promulgation of policies, rules, regulations
ensure safety of all infrastructure facilities and and other issuances relative to general
secure for all public works and highways supervision of local government units.
highest efficiency and most appropriate 13. The Department of Tourism.
quality in construction. It encourages, promotes and develops
6. Department of Education tourism as a major socio-economic activity to
It formulates, plans, implements and generate foreign currency and employment to
coordinates, policies, plans, programs and spread the benefits of tourism to a wider
projects in the areas of formal or non-formal segment of the population with the support,
educational at all levels. assistance and cooperation of both private
7. Department of Labor and Employment and public sectors, and to assure the safe,
Primarily responsible to promote gainful convenient and enjoyable stay and travel of
employment opportunities and to optimize foreign and local tourists and travelers.
development and utilization of the country’s 14. The Department of Environment and Natural
manpower resources. Resources.
8. Department of National Defense It implements state policy to ensure, for the
National interest requires an agency to benefit of the Filipino people, full exploration
formulate them so that judgements and and development as well as judicious of the
actions by the president may rest on sound country’s forest, mineral, land, waters,
advice and accurate information. Thus, the fisheries, wildlife, off-shore areas and other
national security council serves as the lead natural resources, consistent with necessity of
government agency to coordinate formulation maintaining a sound ecological balance and
of policies, relating to or with implications on protecting and enhancing environment quality
national security. and the objective to explore, develop and
9. The Department of Health. utilize such natural resources as equitably
It formulates, plans, implements and accessible to different segments of the
coordinates policies and programs in the field present and future generations.
of health. Its primary function is to promote, 15. The Department of Transportation and
protect, preserve or restore health of the Communications.
people through provision and delivery of It is the primary policy, planning,
health services and regulation and programming, coordinating, implementing,
encouragement of providers of health, goods, regulating and administrative entity of the
and services. executive branch in the promotion,
10. The Department of Trade and Industry. development and regulation of dependable
It is the primary coordinative, promotive, and coordinated networks of transportation
facilitative and regulatory arm of the and communications systems, as well as in
executive branch in the area of trade, industry the fast, safe, efficient and reliable postal,
and investments. Among others, it adopts and transportation and communication services.
implements measures to protect Filipino 16. The Department of Social Welfare and
enterprises against foreign competition and Development.
trade practices, protects consumers from The state is committed to care for, protect
trade malpractices and substandard or and rehabilitate individuals, families and
hazardous products. communities that have the least in life and
11. The Department of Agrarian Reform. need social welfare assistance and social work
It provides central direction and coordination intervention to restore their normal
to the national agrarian reform program functioning and enable them to participate in
ADMINISTRATIVE LAW
community affairs. Based on this state policy,
the department is mandated to provide a The Bureau of Internal Revenue.
balanced approach to welfare where needs One of operations group of the finance department, the internal
and interests of the population are addressed revenue bureau assesses and collects all taxes, fees and charges
not only at the outbreak of crises but more and accounts for all revenues collected, exercises duly delegated
importantly at the stage which would powers to properly perform its functions and duties, prevents
inexorably lead to such crisis. and prosecutes tax evasions and other illegal economic
17. The Department of Budget and Management. activities, supervises and controls its constituent and
It regulates fund drives, public solicitations subordinate units, and performs such other functions as may be
and donations for charitable or welfare provided by law.
purposes. It exercises functional and technical
supervision over social workers in other The Bureau of Customs.
government settings or agencies like courts, Also one of the operations group of the finance department, the
hospitals, schools and housing projects. customs bureau collects customs duties, taxes and
18. The Department of Budget and Management. corresponding fees, charges and penalties accounts for all
It formulates and implements national budget customs revenues collected, exercises police authority to
to attain national socio-economic plans and enforce tariff and customs laws, prevents and suppresses
objectives. It is responsible for the efficient smuggling, pilferage and all other economic frauds within all
and sound utilization of government funds ports of entry and supervises and controls exports, imports,
and revenues to effectively achieve the foreign mails, and clearance of vessels and aircraft in all ports
country’s development objectives. of entry, among others.
19. The Department of Science and Technology.
It provides central direction, leadership and The Government Offices
coordination of scientific and technological
efforts and ensures their results are geared Offices, defined.
and utilized in areas of maximum economic Within framework of governmental organization, it refers to any
and social benefits for the people. It major functional unit of a department of bureau including
formulates and implements policies, plans, regional offices. It may also refer to any position held or
programs, and projects to develop science occupied by individual persons whose functions are defined by
and technology and to promote scientific and law or regulation. The investigation bureau operates and
technological activities for both public and maintains a regional office in each of the administrative regions
private sectors and ensures their results are of the country, headed by a regional director and assisted by an
properly applied and utilised to accelerate assistant regional director.
economic and social development. It
continually reviews the state and needs of The Government Instrumentalities
science and technology in the context of the
country’s development goals. Instrumentality, defined.
It refers to any national government agency, not integrated
The Government Bureaus within department framework, vested with special functions and
jurisdiction by law, endowed with some, if not all corporate
Bureau, defined. powers, administering special funds and enjoying operational
It refers to any principal subdivision of any department autonomy usually through a charter. It includes regulatory
performing a single major function or closely related functions. agencies, chartered institutions and government-owned or
A director heads each bureau with one or more assistant controlled corporations.
directors provided by law. It may have as many divisions as are
provided by law for the economic, efficient and effective Regulatory agency, defined.
performance of its functions. It refers to any agency expressly vested with jurisdiction to
regulate, administer or adjudicate matters affecting substantial
● The bureau of investigation is headed by a director, rights and interest of private persons, which principal powers
assisted by an assistant director and five deputy are exercised by a collective body, such as a commission, board
directors for intelligence, investigation, technical, or council.
administrative and controller services, respectively.
● Bureaus are either staff or line. A staff bureau primarily The Land Transportation Franchising and Regulatory
performs policy, program development and advisory Board.
functions. A line bureau directly implements programs It is an example of a regulatory agency that prescribes ang
adopted pursuant to development policies and plans. regulates routes, economically viable capacities, and zones or
● For purposes of book four of the administrative code, areas of operation of public land transportation services
it includes any principal subdivision or unit of any provided by motorized vehicles in accordance with the land
instrumentality given or assigned the rank of a bureau, transportation development plans and programs approved by
regardless of actual name or designation, as in the case the transportation and communications department.
of department-wide regional offices.
● It issues, amends, revises, suspends or cancels
Bureau, examples of certificates of public convenience or permits
ADMINISTRATIVE LAW
authorizing operation of public land transportation a. Organized as stock or nonstock corporation
services provided by motorized vehicles, and prescribes The film festival executive committee is not a government-
appropriate terms and conditions therefor. owned or controlled corporation because it was not organized
● It determines, prescribes, approves and periodically either as a stock or nonstock corporation.
reviews and adjusts reasonable fares, rates and other
related charges, relative to the operation of public land Even if the first element is missing however, it is subject to audit
transportation services provided by motorized vehicles. jurisdiction of the audit commission because it receives funds
● It issues subpoena and subpoena duces tecum and from government.
summons witnesses to appear in any of its
proceedings, administers oaths and affirmation, and, in b. Functions are public in character
appropriate cases, orders search and seizure of all
PSPCA v. COA,
vehicles and documents, upon probable cause and as
G.R. No. 169752, Sept. 25, 2007
may be necessary to properly dispose cases before it.
● It investigates and hears all complaints for violation of
The true criterion to determine whether a corporation is public
public service laws on land transportation and of its
or private is found in the totality of its relation to the state.
rules and regulations, orders, decisions or rulings and
imposes fines or penalties for such violations, among
If the corporation is created by the state as its own agency or
others.
instrumentality to help it carry out its governmental functions, it
is public. Otherwise, it is private.
Chartered Institution, defined.
It refers to any agency organized or operating under a special
charter, and vested by law with functions relating to specific ● Provinces, chartered cities and barangays best
constitutional policies or objectives. It includes state universities exemplify public corporations created by the state as
and colleges, and the state monetary authority. its own device and agency to accomplish pasts of its
own public works. A foundation tasked to maintain and
Government-owned or controlled corporation, defined. preserve war relics and promote and develop
The administrative code refers a government-owned or battlefield areas as tourist attraction, a declared state
controlled corporation to any agency organized as a stock or policy, performs a public function.
nonstock corporation, vested with functions relating to public ● But while a group organized to prevent animal cruelty
needs whether governmental or proprietary in nature, and is created through An original charter, it became a
owned by the government directly or through its private corporation when it lost the second attribute-
instrumentalities either wholly, or where applicable as in the public character of its functions - after an amendatory
case of stock corporations, to the extent of at least 51% of its law withdrew its sovereign powers to arrest offenders
capital stock. of animal welfare laws and the power to serve
processes in connection with it.
Provided, that government-owned or controlled corporations ● But the fact that a certain juridical entity is impressed
may be further categorized by the budget department, civil with public interest does not, by that circumstance
service commission and audit commission for the exercise and alone, make it a public corporation. A corporation may
discharge of their respective powers, functions and be private although its charter contains provisions of a
responsibilities with respect to such corporations. public character, incorporated solely for the public
good.
Government-owned or controlled corporation, ● This class of corporations may be considered quasi-
attributes of. public corporations, but are private corporations that
Based on how these laws define government-owned or render public service, supply public wants or pursue
controlled corporations, an entity is considered a government- elementary objectives.
owned or controlled corporation if all these three attributes are ● While purposely organized to benefit its members, they
present: are required by law to discharge functions for public
benefit like utility, railroad, warehouse, telegraph,
● It is organized as stock or nonstock corporation, its telephone, water supply corporations and
functions are public in character, and it is owned or, at transportation companies.
least, controlled by the government. ● Standing alone, the purpose of the corporation does
● There is also the charter test that determines whether not safely guide, as almost all corporations are now
a corporation is government-owned or controlled or created to promote public good, interest and
private in nature. It inquires whether a corporation is convenience. A bank is a private corporation but
created by its own charter to exercise public function, created for public benefit. Private schools and
or by incorporation under the general incorporation universities are likewise private corporations yet they
law. render public service. Private hospitals and wards are
● A corporation with special charter is a government charged with heavy social responsibilities, more so with
corporation subject to its provisions, and its employees all common carriers.
are under jurisdiction of the civil service commission
and are compulsory members of the government c. Owned or at least controlled by the government
service insurance system. While the Manila economic and cultural office is a nonstock
corporation performing certain consular and other functions
ADMINISTRATIVE LAW
relating to promotion, protection and facilitation of Philippines functions, services and activities and standardize
interest in Taiwan, none of its members, officers or trustees is a salaries and materials.
government appointee or designated by reason of office. Due to
lack of third requisite, government ownership or control, the
DOTC Secretary v. Mabalot,
economic and cultural office is not a government-owned or
G.R. No. 138200, Feb. 27, 2002
control corporation, but a sui generis entity whose accounts are
nevertheless subject to audit jurisdiction of the audit
The designation and subsequent establishments of the office of
commission because it receives funds on behalf of the
transportation and communications department as regional
government.
office of land transportation franchising regulatory board in the
Cordillera administrative region and its concomitant exercise and
Government-owned or controlled corporation with
performance of functions as regional office in the interest of
original charter
service and for purposes of economy and more effective
It refers to corporations created by special law as opposed to
coordination of the Dotc functions in the Cordillera
corporations organized under the corporation code. But nothing
Administrative Region, fall within scope of continuing
in the law provides that a government-owned or controlled
presidential authority to effectively reorganize the department.
corporation is always created under an original charter or special
law. Government-owned or controlled corporations may be
But it does not justify the president to create a public office like
created under the corporation code, and not necessarily by an
the Philippine truth commission. The presidential decree is
original charter.
already stale, anachronistic and inoperable.
d. Creation by authority of Law

It merely delegated to the president authority to reorganize
There can be no reconciliation without justice. When we allow
administrative structure of national government including power
crimes to go unpunished, we give consent to their occurring and
to create offices and transfer appropriations as part of transition
over again.
towards parliamentary form of government that needed
flexibility in the organization of the national government.
● Another mode, by authority of law may be decreed for
instance by an executive order issued by the president
or an order by an administrative agency such as the
Biraogo v. The Philippine Truth Commission of 2010,
civil service commission. The President may direct
G.R. No. 192935, Dec. 7, 2010
various government departments and agencies to
immediately create and establish their respective
But while creation of the Philippine truth commission to
regional offices in the newly-created Cordillera
investigate graft and corruption committed by officers of the
administrative region. It is intended so as not to
previous administration cannot pass muster based on a stale
compromise performance of public functions and
presidential decree, it is justified by a constitutional provision
delivery of basic government services in the region.
that imposes upon the president the duty to ensure faithful
● Where the law not only authorizes, but even directs the
execution of laws.
liga ng mga barangay board of directors to create such
other positions as it may deem necessary for the
This constitutionally mandated duty includes power to create ad
management of the chapter at the municipal, city,
hoc committees, flowing from obvious need to ascertain facts
provincial and national levels, it can create positions for
and determine if laws have been faithfully executed.
auditors, first, second, and third vice president and five
board directors already provided for by law.
The power of the chief executive to create the ad hoc
● Congress may delegate power to create positions, as
investigative committee cannot be doubted. The president has
when a valid reorganization law authorizes the
authority to create an investigative committee to look into
president to create, abolish or merge offices in the
administrative charges filed against health department
executive department. On several times, congress
employees for anomalous purchase of medicines. Since he is
vests the president power to reorganize executive
constitutionally granted full control of the executive department
agencies, redistribute functions and effect particular
to which respondents belong, the president is obliged to ensure
transfers.
they all faithfully comply with the law.
● It granted the President continuing authority to
reorganize national government that includes power to
The power of the President to investigate to aid him in ensuring
create, alter or abolish public offices.
faithful execution of laws, like fundamental laws on
● The President is authorized to effect organizational
accountability and transparency, inhere in chief executive
changes including creation of offices in the department
powers. While neither the constitution nor any law explicitly
or agency concerned.
mentions presidential authority to investigate and create a body
● The administrative code grants residual powers to
to execute this power, it does not mean the president is bereft
exercise such other powers and functions vested in the
of such authority.
President which are provided for under the laws.
● Such laws used to include a presidential decree
expressly granting the president continuing authority ● But while the purpose for creating the Philippine truth
to reorganize the national government, which includes commission falls within investigative power of the
power to group, consolidate bureaus and agencies, president, it transgresses the equal protection clause.
abolish offices, transfers function, create and classify It is clearly mandated to investigate cases of graft and
corruption during the previous administration only. The
ADMINISTRATIVE LAW
intent to single out the previous administration is plain,
patent and manifest, having been underscored in at
least three portions of the executive order. To be true
to its mandate to search for the truth, it must not
exclude other past administrations. It must have
authority to investigate all past administrations.
● While it may be difficult to unearth evidence involving
earlier administrations, reasonable prioritization is
permitted. Although the truth commission is an ad hoc
body such that its focus is restricted and scope limited,
the constitutional guarantee of equal protection under
the laws should not in any way be circumvented. Even
if the executive order allows the president discretion to
expand its mandate to include cases of graft and
corruption during prior administrations, it does not
guarantee that they would be covered in the future.
Such expanded mandates still depend on presidential
whim. It is unconstitutional insofar as it violates equal
protection clause.
● The president, subject to policy in the executive office
and in order to achieve simplicity, economy and
efficiency, has continuing authority to reorganize
administrative structure of the office of the president.
For this purpose, the president may transfer functions
of other departments or agencies to the office of the
president,
● Reorganization reduces personnel, consolidate or
abolished offices by reason of economy or redundancy
of functions. It alters existing structure of government
offices and their units, including lines of control,
authority and responsibility between them. But the
presidential power of control does not justify creation
of the Philippine truth commission.
● Control is essentially the power to alter, modify, annul,
or set aside acts oa a subordinate officer in the
performance of his or her duties and to substitute
judgment of the subordinate with that of the superior.
● It is inherently executive while creation of public office
is either validly delegated by congress or inherent duly
to faithfully execute laws.
ADMINISTRATIVE LAW
CHAPTER III－POWERS OF ADMINISTRATIVE land owners ends but continued or transferred to a
AGENCIES government bank or its authorized agents. This was
intended to address problems in the continued
Sto. Tomas v. Del Valle, payment of lease rental by tenant-farmers directly to
G.R. No. 223637, Aug. 28, 2019 the land owners who refuse to issue receipts thus their
payments were unaccounted.
The extent to which an administrative agency may exercise the ● This resulted in total amount paid exceeding actual
powers depend largely, if not wholly, on the provisions of the land value, making tenant-farmers perpetual obligors
statute creating or empowering such agency. for the purchase price. Such guideline merely fills in
missing details in the broad policies of the statute to
emancipate tenants from bondage of the soil and
Eastern Shipping Lines, Inc. v. POEA transfer to their ownership the land they till.
G.R. No. 76633, Oct. 18, 1988 ● Since it neither contradicts but conforms to standards
prescribed by law, and is germane to the objects and
Administrative agencies are vested with two basic powers- noble purposes of the land reform decree, it is
quasi-legislative that enables them to promulgate implementing therefore valid. As such, it has force of law and is
rules and regulations and quasi-judicial that enables them to entitled to great respect.
interpret and apply such regulations.
In another case, the state university personnel engaged to
review and evaluate foreign-assisted government reforestation
Aside from its express powers, an administrative agency has also
programs were paid honoraria corresponding to their specific
such powers as are necessarily implied in the exercise of such
roles and functions.
express powers.
● But the audit commission disallowed a substantial

a. Quasi-legislative power
portion from the disburbed amount on ground
compensation policy guidelines providing for lower
Quasi-legislative power, defined.
rates was the applicable schedule of honoraria instead
Also known as rule-making power, it is the power of
of higher rates set by the national compensation
administrative agencies to enact regulations and policies
circular, both issued by the budget department.
interpreting laws they are entrusted to enforce resulting in
● But both budget and environment departments
delegated legislation within confines of the granting statute,
however clarified the circular that set higher rates
doctrine of non-delegability and separation of powers.
applies because it pertains to foreign-assisted projects
and not the compensation policy guidelines that pertain
Quasi-legislative power, nature.
to locally funded projects.
Smart Communications, Inc. v. NTC, 456 Phil. 145, 156 ● It is thus difficult to understand why, despite these
(2003), cited in Pboap v. Dole, certifications by administrative agencies, one of which
G.R. No. 202275, July 17, 2018 is the issuing agency, the audit commission took such
a rigid and uncompromising posture that lower rates
In administrative law, it is elementary that regulations and apply to reforestation evaluation project team
policies enacted by administrative bodies to interpret the law members.
they are entrusted to enforce have the force of law. ● The audit commission should respect administrative
regulations and policies enacted by administrative
As such, they are entitled to great respect, so long as they are bodies to interpret the law because they have the force
issued within confines of the granting statute. of law.
● Rules and regulations promulgated by administrative
agencies pursuant to procedure or authority conferred
Rizal Empire Insurance Group v. NLRC, by law partake the nature of statute, which compliance
G.R. No. 73140, May 29, 1987 may be enforced by a penal sanction provided in the
law. These supplementary regulations have the force
Where revised rules of labor relations commission prohibit and effect of a law.
extension of time to perfect an appeal, denial of a motion for
extension to appeal and subsequent dismissal for untimeliness Quasi-legislative power, basis
are neither arbitrary nor issued with grave abuse of discretion. Delegation is the rule and non-delegation the exception.
The provision on liberal construction of rules in the interest of

Eastern Shipping Lines, Inc. v. POEA,
substantial justice refers to the rules of court as opposed to the
G.R. No. 76633, Oct. 18, 1988
no extension policy under labor rules that is clear, explicit and
leaves no room for interpretation.
Both constitution and law expressly vest legislative power in
congress that consists of a senate and a house of
● Pursuant to the land transfer program of the land representatives, except to the extent reserved to the people by
reform law, the agrarian reform department issued constitutional provision on initiative and referendum.
guidelines that when value of land is established,
payment of lease rentals by farmer-beneficiaries to
ADMINISTRATIVE LAW
authorize administrative agencies to issue rules to carry out
The powers expressly vested in any government branch shall
general provisions of the statute, otherwise known as the power
not be exercised by, nor delegated to any other government
of subordinate legislation.
branch, except to the extent authorized by the constitution.
Quasi-legislative power, limitations.

As such, the principle of non-delegation of powers applies to all
Rule-making power of administrative agencies cannot be
three government branches.
extended to amend or amend or expand statutory requirements
or embrace matters not originally encompassed by the law.
As corollary to the plenary grant of legislative power, it Administrative regulations should always be in accord with
follows that congress alone can make laws and it may statutory provisions they seek to effectuate, and any resulting
not delegate its law making power. At least three inconsistency is resolved in favor of the basic law.
distinct ideas developed the principle that legislative
power cannot be delegated.
ANPC v. BIR,
G.R. No. 228539, June 26, 2019
A. First, is the doctrine of separation of powers. There is
no point to separate three powers of government if
The law imposes value added tax against any person who, in
they can straightway remerge on their own motion.
the course of trade or business, sells, barters, exchanges, leases
goods or properties, renders services or imports goods.
B. Second, is the concept of due process of law that
precludes transfer of regulatory functions to private
As such, the internal revenue bureau exceeded its rule-making
persons.
authority when it sweepingly classified all assessment dues and
membership fees as income of recreational clubs from whatever
C. Lastly, there is the maxim of agency delegata potestas
source subject to income and value added tax.
non potest delegari borrowed and formulated by John
Locke as a dogma of political science.
When clubs collect membership fees and assessment dues, they
do not sell services to its members. Conversely, when members
But non-delegation is especially important in the case of
pay such dues, they do not buy services from the club.
legislative power because of the many instances when its
delegation is permitted. While it is rare to delegate executive
Since these dues are devoted to operate and maintain club
and judicial powers, it has more become frequent, if not
facilities, there is no economic or commercial activity to speak
necessary, to delegate legislative power.
of. As such, there is no sale, barter or exchange of goods or
What has been delegated, cannot be delegated except
properties, or sale of a service subject to value added tax.
delegation to the people at large by way of initiative and
referendum, delegation of tariff powers to the president,
delegation of emergency powers to the president, delegation of Power of subordinate legislation, how exercised.
local governments, and delegation to administrative bodies. Statutes are usually couched in general terms, details and
manner of how to implement the law are oftentimes left to the
Quasi-legislative power, rationale. administrative agency entrusted to enforce it. In this sense, the
rules and regulations are the product of a delegated power to
Eastern Shipping Lines, Inc. v. Poea,
create new or additional legal provisions that have the effect of
G.R. No. 76633, Oct. 18, 1988
the law.
It is dictated by increasing complexity of government tasks and

growing legislative inability to cope directly with myriad of Eastern Shipping Lines, Inc. v. Poea,
problems demanding its attention. The growth of society G.R. No. 76633, Oct. 18, 1988
ramified its activities and created peculiar and sophisticated
problems that congress cannot be expected to reasonably By virtue of this power of subordinate legislation, administrative
comprehend. agencies may implement broad policies laid down in a statute
by filling in the details which congress may not have the
Specialized legislation is thus necessary, with the many opportunity or competence to provide, by promulgating
problems attendant with present-day undertakings, congress supplementary regulations through issuance of implementing
may be incompetent to provide required direct, efficacious and rules.
specific solutions that may be expected from its delegates who
are supposed to be experts in the particular fields assigned to
● Overseas employment administration may issue a
these administrative bodies.
memorandum circular prescribing standard contract
providing benefits and compensation to beneficiaries of
Accordingly, with growing complexity of modern life, multiplied Filipino seaman who die during its term, apart from
subjects of governmental regulation, and increased difficulty of whatever benefits they are entitled under existing laws,
administering laws, there is a constantly growing tendency to be adopted by both foreign and domestic shipping
toward delegation of greater power by congress and approval of companies when they hire them for overseas
the practice by the court. These justifications for delegation of employment. Even if the executive order from where
legislative power particularly apply to administrative bodies. the memorandum circular is based does not specifically
Since specialized activities and their attendant peculiar problems provide power to required a model contract, such
proliferate, congress finds it more and more necessary to prescribed standard contract fills in the gap pursuant
ADMINISTRATIVE LAW
to a standard discoverable in the executive order - the
those governed, it behooves the agency to accord at least to
mandate for the administrative agency to protect the
those directly affected a chance to be heard and thereafter
rights of Filipino workers to fair and equitable
be duly informed, before that new issuance is given the force
employment practices.
and effect of a law.
Subordinate legislation, forms of.

Administrative regulations to implement the law may take the ● Considering circumstances under which a revenue
form of implementing rules and regulations, revenue memorandum circular was issued, it did not simply
regulations, executive orders, department orders or circulars, correct prior rulings or merely construe pertinent
resolutions and the like. provision of the internal revenue code as amended. But
it also reclassified certain locally manufactured
Administrative regulations, classified cigarettes into locally manufactured cigarettes bearing
foreign brands to have them covered by increased tax
CIR v. CA,
rate set by the amendatory law.
G.R. No. 119761, Aug. 29, 1996
● In so doing , the internal revenue bureau did not simply
interpret the law, but legislated under its rule-making
An administrative regulation may be classified as a legislative
power authority. Thus, it should observe requirements
rule, an interpretative rule, or a contingent rule. Legislative rule
of notice, hearing and publication.
and interpretative rule are two kinds of administrative issuances.
● The issuance by the government service insurance
system president and general manager and approved
Legislative rule, defined. by its board of trustees that reckon computation of
retirement benefits from date of payment of monthly
GSIS v. Daymiel,
contributions by the member, instead of date of
G.R. No. 218097, Mar. 11, 2019
original appointment, is a legislative rule.
● It defines services that was neither defined nor
A legislative rule is in the nature of subordinate legislation,
delineated by the retirement law to compute
designed to implement a primary legislation by providing its
retirement benefits. As such, publication is
details.
indispensable, especially where both issuances
substantially decrease retiree’s lump sum benefits and
It usually implements existing law, imposing general, extra- monthly pension.
statutory obligations pursuant to authority properly delegated
by congress. Interpretative rule, defined.
GSIS v. Daymiel,
Misamis Oriental Association of Coco Traders, Inc. v. G.R. No. 218097, Mar. 11, 2019
Finance Secretary, 238 SCRA 69
On the other hand, an interpretative rule is designed to provide
In the same way that laws must have the benefit of public guidelines to the law the administrative agency is charged to
hearing, it is generally required that before a legislative rule is enforce.
adopted, there must be a hearing.
The administrative code implores public participation. If not CIR v. CA,

otherwise required by law, an agency shall, as far as practicable, G.R. No. 119761, Aug. 29, 1996
publish or circulate notices of proposed rules and afford
interested parties opportunity to submit their views prior to It is intended to interpret, clarify or explain existing statutory
adoption of any rule. regulations under which the administrative body operates. Its
purpose is merely to construe the statute being administered
In fixing rates, no rule or final order shall be valid unless and purport to do no more than interpret the statute.
proposed rates have been published in a newspaper of general It simply tries to say what the law means without reference to
circulation at least two weeks before the first hearing. In any single person in particular but concerns those belonging to
addition, such rule must be published. the same class that may be covered by the rule.
ANPC v. BIR,
Among others, the energy regulatory board fixes and regulates
G.R. No. 228539, June 26, 2019
prices of petroleum products, rate schedule of piped gas and
pipeline concessionaires, upon proper notice and hearing.
A revenue memorandum circular issued by internal revenue
bureau clarifying taxability of clubs organized and operated
CIR v. CA, exclusively for pleasure, recreation and other non-profit
G.R. No. 119761, Aug. 29, 1996 purposes, is an interpretative rule to provide guidelines to
income and value added tax laws the agency is charged to
Where the administrative rule goes beyond merely providing enforce.
for the means that can facilitate least cumbersome
implementation of the law but substantially adds burden of
ADMINISTRATIVE LAW
omitted these exclusions. In order to interpret the
In fact, it was addressed to all revenue officials, employees and
effect of such deletion, the social security commission
others concerned to guide them how to enforce income and
circularized to all employers to include in their
value added tax provisions against fees collected by recreational
employee’s remuneration all bonuses and overtime pay
clubs.
for computation of premiums due it.
Generally, an administrative regulation needs to comply with The commission issued the circular to apprise
requirements on prior notice, hearing and publication in order to employers of its interpretation of the law as amended,
be valid and binding, except when it is merely an interpretative which was its duty to enforce. It did not add any duty
rule. Its applicability needs nothing further than its bare or details that was not found in the law as amended. It
issuance for it gives no real consequence more than what the merely circularized its opinion as to how the law should
law itself has already prescribed. be constructed. Since it is not a regulation, it does not
require presidential approval or publication.
Again, where administrative rule goes beyond merely providing
for the means that can facilitate least cumbersome But a regulation may be incorporated in the form of
implementation of the law but substantially adds, burden of circular. It is the substance and not the form of a
those governed, it behooves the agency to accord at least to regulation that is decisive in determining its nature.
those directly affected a chance to be heard and thereafter be
duly informed, before that new issuance is given the force and Administrative construction, binding effect.
effect of a law. When an administrative or executive agency renders opinion or
issues statement of policy, it merely interprets a pre-existing law
Contingent rule, define. and such administrative interpretation of the law is at best
A contingent rule is issued by administrative authority based on advisory. It is the courts that determine what the law means.
existence of certain facts or things upon which the enforcement
of the law depends. ● Administrative construction does not necessarily bind
the courts. An action of an administrative agency may
be disturbed or set aside by the courts if there is an
Republic v. BFAD,
error of law, abuse of power, lack of jurisdiction or
G.R. No. 190837, Mar. 5, 2014,
grave abuse of discretion that clearly conflict with
either the letter or spirit of a legislative enactment.
The circulars issued by the food and drug administration that
● When the law specifically provides that government
merely implement and add details to its testing requirement for
employees are entitled to 15 days vacation leave of
drug products cannot be considered administrative regulations
absence with full pay and 15 days sick leave with full
since both do not implement a primary legislation by providing
pay, exclusive of Saturdays, Sundays and holidays in
details to it, or interpret, clarify or explain existing statutory
both cases, it does not distinguish between those who
regulations under which the administrative agency operates, or
have accumulated or exhausted their leave credits in
ascertain existence of facts or things upon which enforcement
order to enjoy such right.
of the food drug and cosmetic law depends.
● As such, the civil service commission incorrectly
construed the law refers only to government
Since the sole purpose of such circulars is to administer and employees who have earned leave credits against their
supervise implementation of testing requirement without absences may be charged with pay as its letter speaks
affecting substantive rights of parties they seek to govern, they only of leave of absence with full pay.
are not, strictly speaking, administrative regulations. As such, ● It cannot deny an employee payment of his salary
no prior hearing, consultation and publication are needed to corresponding to Saturdays and Sundays even if he
validate them. was on leave without pay on a Friday prior to said days
on ground that while the law excludes Saturdays,
Administrative rule and interpretation, distinguished. Sundays and holidays in computation of leave credits,
Victorias Milling Co., Inc. v. Social Security it does not include a case where the leave of absence
Commission, is without pay.
G.R. No. L-16704, Mar. 17, 1962 ● The fact remains that government employees, whether
they have accumulated leave credit, are not required
Administrative rule or regulation is different from an by law to work on Saturdays, Sundays and holidays.
administrative interpretation of a law which enforcement is ● As such, they cannot be declared absent on such non-
entrusted to an administrative body. working days and should not be deprived of their
corresponding salary just because they were absent
When an administrative agency promulgates rules and without pay on the day immediately before or after
regulations, it makes a new law with the force and effect of valid such non-working days.
law. When it renders an opinion or states a policy, it merely ● A different rule deprives property without due process
interprets a pre-existing law. even if it was intended to avoid giving more premium
to employees who are frequently on leave of absence
without pay.
The old social security law expressly excluded bonuses,
allowances or overtime pay from compensation. When Tests to validate delegation of legislative power
definition of compensation was however amended, it
ADMINISTRATIVE LAW
Dynamo of modern government bank assets, or that business continuance risks probable losses
to their depositors or creditors.
Quezon City PTCA Federation, Inc. v. DepEd,
G.R. No. 188720, Feb. 23, 2016
Vivas v. BSP MB,
The principle of non-delegation of powers applies to all three G.R. No. 191424, Aug. 7, 2013
major governmental powers - executive, legislative and judicial
- but is especially important in legislative power because of the Since the law specifically sets forth these circumstances subject
many instances when it permits delegation. to conditions, it clearly spells our reasonable parameters of the
power but only as to the manner of enforcing it.
Occasions are rare when executive and judicial powers have to
be delegated by authorities to which they legally pertain, as While it appears the monetary board is given wide discretion and
opposed to legislative powers where they have become more latitude, it is limited only as to how the law should be enforced
and more frequent, if not necessary. to protect public interest, the banking industry and the
economy.
Administrative agencies are however not given unfettered power
to promulgate rules. In order to validly exercise their rule-
making power, it is required that the regulation be germane to
Whether legislative power was unduly delegated, the scope and
the objects and purposes of the law, and that it should not
definiteness of the measure enacted need direct inquiry.
contradict to, but conform with the standards prescribed by law.
Congres does not abdicate its functions when it describes what
job must be done, who is to do it, and what is the scope of
They are denominated as completeness test and sufficient
authority.
standard test, respectively, as the two accepted determinants
on whether delegation of legislative power is valid.
Echegaray v. Justice Secretary,
G.R. No. 132601, Oct. 12, 1998
Both are intended to prevent total transference of legislative
authority to the delegate who is not allowed to step into
Even if not detailed, the lethal injection law sufficiently changes
legislative shoes and exercise essentially legislative powers.
and definitely describes mode of carrying out death penalty. It
requires death sentence to be executed under authority of
In every case of permissible delegation, it must be shown that
corrections director, endeavoring so far as possible to mitigate
delegation itself is valid. It is valid only if the law is complete in
sufferings of the death convict during lethal injection as well as
itself, setting forth the policy to be executed, carried out or
proceedings prior to execution.
implemented by the delegate and if it fixes a standard- the limits
of which are sufficiently determinate and determinable - to
which the delegate must conform in the performance of his Sufficient standard test.
functions. Under this test, the law sets adequate guidelines to
map out boundaries of the delegate’s authority and
Completeness test. prevent delegation from running riot.
Subject to certain exceptions, the doctrine of separation of
powers prevents congress from delegating its legislative power Enforcement of delegated power may only be effected
to the two other government branches. What cannot be in conformity with a sufficient standard the law fixes
delegated is the constitutional authority to make laws and to when its limits are sufficiently determinate and
alter or repeal them. The test is completeness of the statute. determinable to which the delegate must conform in
the performance of his/her function.
Eastern Shipping Lines, Inc. v. Poea

248 Phil. 762, 771 (1998) People v. Vera
G.R. No. L-45685, Nov. 16, 1937
In this test, the law must be complete in all its terms and
conditions when it leaves congress such that when it reaches As a rule, a legislative act is incomplete if it does not lay down
the delegate, the only thing left to do is enforce it. any rule or definite standard by which the administrative board
or officer may be guided in the exercise of discretionary powers
Legislative discretion as to substantive contents of the law delegated to it
cannot be delegated, but the discretion to determine how to
enforce the law, not what the law is or should be, which is the
legislative prerogative that cannot be abdicated by the Santiago v. Comelec
legislative to the delegate. G.R. No. 127325, Mar. 19, 1997
The law empowers the monetary board to effectively monitor Enforcement of delegated power may only be effected in
banks and financial institutions. When circumstances warrant, to conformity with a sufficient standard the law fixes when its limits
summarily and without need for prior hearing forbid their are sufficiently determinate and determinable to which the
business, manage or place them under receivership due to their delegate must conform in the performance of his or her
inability to pay liabilities, violation of a final cease and desist functions.
order involving fraudulent acts or transactions or dissipation of
ADMINISTRATIVE LAW
circumstances under which the legislative
command is to be effectuated. (Santiago v.
Eastern Shipping Lines, Inc. v. Poea
Comelec, GR No. 127325, Mar. 19, 1997)
248 Phil. 762, 771 (1998)
Facts: A Chief Officer of a ship was killed in an accident in People v. Vera

Japan. The widow filed a complaint for charges against the G.R. No. L-45685, Nov. 16, 1937
Eastern Shipping Lines with POEA, based on Memorandum
Circular No. 2, issued by the POEA which stipulated death The provision that says probation law applies only in provinces
benefits and burial for the family of overseas workers. ESL which provincial boards provide salary of probation officer
questioned the validity of the memorandum circular as violative improperly and unlawfully delegates legislative authority to
of the principle of non-delegation of legislative power. provincial boards.
Ruling: SC held that there was a valid delegation of powers. It does not fix or impose upon the provincial boards any
The authority to issue the regulation is clearly provided in standard or guide in the exercise of there discretionary power.
Section 4(a) of E.O. 797, ““The governing Board of the It is a roving commission which enables them to exercise
Administration (POEA), as hereunder provided shall promulgate arbitrary discretion.
the necessary rules and regulations to govern the exercise of
the adjudicatory functions of the Administration (POEA).” Congress leaves the entire matter for the provincial boards to
determine for themselves whether it applies to their provinces
It is true that legislative discretion as to the substantive contents or not. The applicability and application of the probation law are
of the law cannot be delegated. What can be delegated is the entirely placed in the hand of the provincial boards.
discretion to determine how the law may be enforced, not what It is a virtual surrender of legislative power to the provincial
the law shall be. The ascertainment of the latter subject is a boards.
prerogative of the legislature. This prerogative cannot be
abdicated or surrendered by the legislature to the delegate.
Pantranco v. PSC
Administrative bodies may implement the broad policies laid G.R. No. 47065, June 26, 1940
down in a statute by “filling in’ the details which the Congress
may not have the opportunity or competence to provide. Public interest furnishes a sufficient standard.
There are two accepted tests to determine whether or not there In resolving the question whether issuance of certificate of
is valid delegation of legislative power: Completeness test and public convenience promotes public interests in a proper and
Sufficient Standard test. Both tests are intended to prevent a suitable manner, the public service commission may limit its
total transference of legislative authority to the delegate, who is operation to a definite period of time. In fixing such period, the
not allowed to step into the shoes of the legislature and exercise commission is guided by public interests provided it does not
a power essentially legislative. exceed 50 years.
All that is delegated to the commission is administrative function

involving use of discretion to prescribe conditions in granting
Vivas v. BSP MB certificates of convenience or extend or amend those already in
G.R. No. 191424, Aug. 7, 2013 force, consistent with the legislative will to promote public
interests in a proper and suitable manner.
Under the sufficient standard test, the law sets adequate
guidelines to map out boundaries of the delegate’s authority and
prevent delegation from running riot. Edu v. Ericta
35 SCRA 481, 497 (1970)
KMU v. Aquino The standard may either be express or implied, it does not have
G.R. No. 210500, Apr. 2, 2019 to be spelled out specifically. It could be implied from policy and
purpose of the act considered as a whole.
Enforcement of delegated power may only be effected in When construed together with the land transportation code, the
conformity with a sufficient standard. reflector law leaves no doubt it emphasizes public safety as
prime consideration of statutes in this character.
Section 18 in relation to Section 4 (a) of the Social Security Act
has vested the necessary powers in the SSC to fix the minimum The administrative rule may reiterate the reflector law and even
and maximum amounts of monthly salary credits and the add sections setting standards for dimensions, placement and
contribution rate. color of reflectors, failing which causes refusal of registration
and fines to give life to the purpose of public safety.
Sufficient standard, defined.

De la Llana v. Alba,
It is one that defines legislative policy, marks
G.R. No. L-57883, Mar. 12, 1982
its limits, maps out its boundaries and
specifies public agency to apply it. It indicates
ADMINISTRATIVE LAW
Smart Communications, Inc. v. NTC
G.R. No. 151908, Aug. 12, 2003
Congress may authorize the president to grant such
compensation and allowances to justices and judges of inferior The rules and regulations that administrative agencies
courts along the guidelines found in a letter of implementation promulgate should be within scope of statutory authority given
pursuant to a presidential decree. by congress to the administrative agency.
The regulation is required to be:

Eastern Shipping Lines, Inc. v. Poea,
G.R. No. 76633, Oct. 18, 1988 ● Germane to the objects and purposes of the law; and
● Conform to the standards prescribed by law
The standard fair and equitable employment practices suffices
in justifying the overseas employment administration to Note: In case administrative order conflicts with statute, the
prescribe a model contract ensuring benefits and compensation STATUTE PREVAILS
to beneficiaries of deceased overseas contract workers, to be
adopted by both foreign and domestic shipping companies when Authorized by law.
they hire Filipino seamen for overseas employment. Several laws expressly authorize or even mandate
promulgation if IRR.
These provisions manifest state concern for the working class
normally disadvantages in employment contract negotiation When promulgated according to the procedure or
consistent with social justice policy and constitutional provisions authority conferred upon an administrative agency by
to protect and promote their interest. law thus, these rules and regulations partake of the
The following are capable of reasonable application and nature of statute and compliance with it may be
accepted as sufficient standards for setting limits that are enforced by a penal sanction provided in the law.
sufficiently determinate and determinable – justice and equity,
public convenience and welfare, sense and experience of men R.A. 11210
and national security. The expanded maternity leave law mandates the CSC, DOLE,
and SSS to issue necessary rules and regulations to effectively
implement it within 60 days from its effectivity.
Echegaray v. Justice Secretary,
G.R. No. 132601, Oct. 12, 1998
Tayug Rural Bank v. Central Bank
G.R. No. L-46158, Nov. 28, 1986
Even if the rule implementing lethal injection law is not specific
as to date of execution of death convict or time of notification it Facts: Central Bank imposed 10% penalty on past overdue
is not uncertain either. loans of rural banks. But the law does not authorize it thru the
The implementing rule as to date of execution must be read in Monetary Board to add penalty for past due accounts.
conjunction with lethal injection law authorizing its promulgation
which provides that the death sentence shall be carried out not Ruling: When an administrative agency promulgates rules, it
earlier than one year nor later than 18 months from the must be in pursuance of the procedure or authority conferred
judgment became final and executory, without prejudice to by law. When this is complied, it partakes the nature of a
presidential exercise of executive clemency power at all times. statute, and its compliance may be enforced by a penal sanction
provided by law. Hence, an administrative agency cannot
impose a penalty not provided by law, much less one that
Viola v. Alunan III, applies retroactively.
G.R. No. 115844, Aug. 15, 1997
Germane to the purpose of the law.

Statutory provisions that authorize the president to empower
the education secretary to prescribe minimum standards of Sigre v. CA
adequate and efficient instruction in private schools and colleges G.R. Nos. 109568 & 113454, Aug. 8, 2002
suffice valid delegations.
Pursuant to the broad policies of the land reform law to
emancipate tenants from bondage of the soil and transfer to
them the land they till, the DAR issued guidelines that when
KMU v. Aquino, value of land is established, payment of lease rentals by farmer-
G.R. No. 210500, Apr. 2, 2019 beneficiaries to landowners ends and paid instead to a
government bank or its authorized agents.
The phrase taking into consideration actuarial calculations and
This was intended to address problems in the continued
rate benefits is a sufficient standard for the SSC to fix from time payment of lease rentals by tenant-farmers directly to the
to time monthly contribution rate and minimum and maximum landowners who refuse to issue receipts.
salary credits of its members.
Thus, its premium increase is issued in the exercise of the power It conforms to standards prescribed by law and is germane to
to fix rates validly delegated by the social security law. the objects and noble purposes of the land transfer program of
the land reform decree and is therefore valid.
Test to validate implementing rules and regulations. Promulgated within scope of authority.
ADMINISTRATIVE LAW
Such rules or regulations should be within scope of
statutory authority granted by congress to the In tax, even if a revenue memorandum was promulgated after
administrative agency. effectivity of EO it seeks to implement declaring tax amnesty on
unpaid taxes for 1981-1985, its applicability may still be
Note: In case of discrepancy, the LAW prevails. reckoned from date when the EO took effect.
That is why even if corporation taxpayer was assessed income

Administrative issuances seeking to effectuate deficiency in 1985 prior to promulgation of revenue
legislative act must be in harmony with provisions of memorandum in 1986, it may still avail of tax amnesty under
law, and should neither modify or supplant it. the EO as it is designed in the nature of a general grant of tax
amnesty.
An administrative agency cannot amend legislative
If the law did not to include 1981-1985 tax liabilities prior to
acts. effectivity of tax amnesty law, it could have simply so provided
in its exclusionary clauses but it did not.
Radio Communications of the Philippines, Inc. v.
Santiago
G.R. No. L-29236, Aug. 21, 1974 Echegaray v. Justice Secretary
G.R. No. 132601, Oct. 12, 1998
There can be no justification for the Public Service Commission
imposing the fines. The law cannot be any clearer. The only The lethal injection law that authorizes the justice secretary in
power it possessed over radio companies was the fix rates. It conjunction with the health secretary and the corrections bureau
could not take to task a radio company for any negligence or director to promulgate its rules and regulations forms delegation
misfeasance. It was bereft of such competence. It was not of legislative authority to administrative bodies.
vested with such authority.
But where the RPC suspends execution of death sentence upon
Grant of particular power must be found in the law itself. Except a woman who is pregnant or within one year after delivery, the
for constitutional officials who can trace their competence to act IRR promulgating lethal injection manual cannot omit the one-
to the fundamental law itself, a public official must locate in the year period following delivery as an instance when death
statute replied upon a grant of power before he can exercise it. sentence is suspended.
Replacing it with a three-year reprieve after a woman is

sentenced adds or creates a ground of suspension not found in
People v. Maceren
the lethal injection law.
G.R. No. L-32166, Oct. 18, 1977
It is thus imperative for technical men in the executive Promulgated in accordance with prescribed
departments who draft rules and regulations to mind the procedure.
importance and necessity to closely follow the legal provisions
When an administrative agency issues rules and
they implement to avoid any possible misunderstanding or
confusion. regulations, it makes a new law with force and effect
of a valid law which promulgation requires presidential
approval and publication.
Boie-Takeda Chemicals, Inc. v. De la Serna
G.R. No. 92174, Dec. 10, 1993 But not when it renders an opinion or states a policy,
as it merely interprets a pre-existing law.
The 13th month pay law requires employers to give their
employees who receive regular or basic salary, regardless of
nature of employment, a 13th month pay not later than Tayug Rural Bank v. Central Bank
December 24 of every year representing one twelfth of basic G.R. No. L-46158, Nov. 28, 1986
salary within a calendar year.
A rule binds the courts so long as the procedure fixed for its
It defines basic salary to include all remunerations or earnings promulgation is followed and its scope is within the statute
paid by an employer to an employee for services rendered but
granted by congress, even if the courts disagree with its policy
may not include cost of living allowances and monetary benefits or innate wisdom.
not considered or integrate as part of the basic salary of the
employee.
Victorias Milling Co., Inc. v. Social Security Commission
The revised guidelines implementing the law however based
G.R. No. L-16704, Mar. 17, 1962
amount of the 13th month pay on total earnings during the
calendar year on both their fixed wage and commission.
When the SSC issued circular requiring employers to include all
bonuses and overtime pay in their computation of employee’s
By adding commission, it expands the law it seeks implemented.
compensation to determine premiums due pursuant to any
It does not form part of basic salary. It is additional pay for extra
amendatory law redefining compensation, it merely apprised
efforts exerted for consuming sales or other related
employers of how it construed the law as amended.
transactions.
It did not add any duty or detail that was not already in the law
The addition of commission is thus void as it usurps legislative
as amended. It merely circularized its opinion as to how the law
power. It is not justified by or within authority of the law sought
should be construed. Since it is not a regulation, it does not
implemented.
require presidential approval or publication to be effective.
Republic v. CA
CIR v. CA
GR109193, Feb. 1, 2000
G.R. No. 119761, Aug. 29, 1996
ADMINISTRATIVE LAW
It infringes on the right of examinees to liberty and violates

Where the administrative rule goes beyond merely providing for academic freedom of schools concerned. The PRC cannot
the means that can facilitate least cumbersome implementation interfere with conduct of review that review schools and centers
of law but substantially increases burden of those governed, it believe best enable their enrollees to meet standards required
behooves the agency to accord at least to those directly affected for full-fledged public accountants.
a chance to be heard and thereafter be duly informed, before
that new issuance is given the force and effect of law. While the resolution was adopted to preserve the integrity and
purity of the licensure examinations, such noble purpose cannot
be a cloak to conceal constitutional infirmities. Its enforcement
Quezon City PTCA Federation, Inc. v. DepEd does not guarantee to eradicate or at least minimize alleged
G.R. No. 188720, Feb. 23, 2016 leakages in licensure examinations
Notice and hearing are not essential when an administrative

agency acts pursuant to its rule-making power. PCF, Inc. v. Education Secretary
G.R. No. 78385, Aug. 31, 1987
While both are elements of due process, neither is essential to
validate rules and regulations promulgated to govern future Issuance by education secretary of a department order
conduct of a class of persons or enterprises, unless the law authorizing private schools to increase school fees by not more
provides otherwise. than 10-15% for the incoming school year is justified.
Where the administrative body acts in the exercise of executive, It is based on the report of the task force it created that
administrative or legislative functions, notice and hearing are favorably recommended increases in school fees by not more
not essential to validate its administrative action. But where it than 15-20%.
acts in a judicial or quasi-judicial matter, and its acts are
particular and immediate, the person whose rights or property The creation of task force to study need for increase in school
may affected by the action is entitled to notice and hearing. fees evidences the decision to allow it was judicious. The
subsequent reduction of original rate from a maximum of 15-
20% to 10-15% further negates arbitrariness.
Reasonable and fair.
Administrative authorities should not act arbitrarily or
capriciously in the issuance of rules and regulations. Echegaray v. Justice Secretary
G.R. No. 132601, Oct. 12, 1998
To be valid, it must be reasonable and fairly
The manual implementing lethal injection law unduly suppresses
adapted to the end in view.
when it requires confidentiality of its contents that are matters
of public concern the public may want to know, either because
Mirasol v. DPWH these directly affect their lives, or simply because such matters
G.R. No. 158793, June 8, 2006 naturally arouse interest of ordinary citizens.
What is reasonable is not exactly defined or scientifically Even with respect to death convict, the confidentiality clause is
formulated. There is no all-embracing test of reasonableness, unduly suppressive. Should the convict so desires, no law
impedes him to obtain a copy of the manual.
for its determination rests upon human judgment applied to
facts and circumstances of each case.
An administrative order banning bicycle, tricycle, pedicab, Pboap v. Dole

motorcycle or any non-motorized vehicle from toll ways does not G.R. No. 202275, July 17, 2018
impose an unreasonable restriction.
The DO enforcing application of labor standard provisions and
It merely outlines several precautionary measures designed to the memorandum circular prescribing terms and conditions for
ensure public safety and unimpeded traffic flow within limited issuance of a certificate of public convenience, are in the nature
access facilities. of social legislation to enhance economic status of bus drivers
and conductors and promote general welfare of the riding public
None of these rules violates reason, which purpose and logic are are neither unreasonable nor violative of due process.
required. The mere fact that the rules restrict certain rights does
not invalidate them.
While prohibiting use of motorcycles in toll ways may not be the Duly published.
best measure to ensure public safety and comfort, the means A law takes effect after 15 days following completion
by which the government chooses to act is not judged in terms
of its publication in the official gazette or a newspaper
of what is best but rather, on whether the act is reasonable.
of general circulation in the country, unless it is
otherwise provided. (E.O. 200, June 18, 1987)
Lupangco v. CA
G.R. No. 77372, Apr. 29, 1988 “unless otherwise provided” refers to the
effectivity and not to requirement of publication. It
The resolution issued by the PRC prohibiting licensure examines does not authorize congress to make the law effective
to attend any review class, briefing or the like conducted by, or
to receive any handout, review material, or any tip from any immediately upon approval, or on any other date
school, college or university, or review center or the like, or any without prior publication.
reviewer, lecturer, instructor, official, or employee of any of
these enumerated or similar institutions during three days Publication is indispensable, but congress may either
immediately preceding and including examination day is shorten or extend the usual 15-day period.
unreasonable and arbitrary.
ADMINISTRATIVE LAW
The publication clause cannot be dispensed altogether
otherwise it offends due process insofar as it denies Without requisite publication, an administrative rule remains
public knowledge of laws governing them. ineffective despite its filing with the office of the national
administrative register of the UP Law Center.
NOTE: The 15-day period is reckoned from date of
It also cannot be waived by acquiescence. The fact that the oil
official release or publication, and not the printed
company fully paid principal amount of surcharges imposed by
date of issue of the official gazette. a circular that was not published and filed does not cure defect,
much less dispense with such mandatory requirements.
Publication is a condition before laws take effect,
including those of local application and private laws,
While administrative rules and regulation must be
presidential decrees and executive orders.
published if intended to enforce or implement an
existing law pursuant to a valid delegation, expn: it
Publication is mandatory and indispensable.
need not be, where it involves interpretative
regulations and those merely internal in nature like
If the purpose for publishing a law is to inform the
letters of instruction issued by administrative superiors
public about its contents, its publication must be in full
concerning guidelines to be followed by their
or it is no publication at all.
subordinates in the performance of duty.
Tañada v. Tuvera
Quezon City PTCA Federation, Inc. v. DepEd
G.R. No. L-63915, Dec. 29, 1986
G.R. No. 188720, Feb. 23, 2016
If congress provides a law be effective immediately
The education department order revising its guidelines
notwithstanding lack of publication or after an unreasonably
governing parent-teachers associations at the school level in
short period of publication, it prejudices unaware persons not
response to increasing reports of malpractices by its officers and
because they failed to comply with the law but because they did
members remains valid even without publication
not know the law existed.
The conclusive presumption that every person knows the law

presupposes it has been published to justify such legal CIR v. CA
presumption. The right to information on matters of public G.R. No. 119761, Aug. 29, 1996
concern especially applies to legislative enactments.
An interpretative rule is designed to guide the administrative
Mere mention of presidential decree number, title, whereabouts agency on how to enforce the law it is charged to do so.
and its supposed date of effectivity in a mere supplement of the
official gazette does not satisfy publication requirement, not But where the administrative rule goes beyond merely providing
even by way of substantial compliance. for the means that can facilitate least cumbersome
implementation of the law but substantially adds burden to
This exactly describes the manner by which a general those governed, it behooves the agency to accord at least to
appropriations law decreed by the president was published. The those directly affected a chance to be heard and thereafter be
evident purpose was to withhold rather than disclose duly informed, before the issuance is given the force and effect
information on such a vital law. of law.
Filed with University of the Philippines Law

People v. Veridiano
Center.
G.R. No. L-62243, Oct. 12, 1984
To be effective, administrative issuances enforcing
The term publication should be given its ordinary accepted existing laws must comply with both mandatory
meaning, that is, to make known to the people in general. requirements of publication and filing.
When the OG dated April 9, 1979 containing the bouncing

Chap. 2, Book VII, E.O. 292:
checks law was officially released for circulation on June 14,
1979, it became effective only on June 29, 1979.
1. Every agency must file three certified copies of a rule it
The bouncing check allegedly issued in the 2nd week of May adopts with the office of the national administrative
1979 is not criminal as there was no law penalizing it. register of the UP law center.
2. In turn, the national administrative register office
publishes a quarterly bulletin setting forth text of rules filed
Republic v. Pilipinas Shell Petroleum Corp.
G.R. No. 173918, Apr. 8, 2008 with it during preceding quarter.
3. It then updates codification of all rules thus published
Publication is not only a condition sine qua non before laws, and remaining in effect together with complete index and
rules and regulations take effect, it is also mandatory and appropriate labels. It then furnishes
indispensable. Strict compliance with such requirement cannot 4. It then furnishes one free copy each of every issue of
be annulled my mere allegation parties were notified by
the bulletin and codified rules or supplements to the office
existence of implementing rules.
of the president, congress, all appellate courts and the
That the parties participated in public consultation and national library.
submitted their respective comments do not comply with 5. The court takes judicial notice of the certified copy of
fundamental rule that any administrative regulation whose each rule duly filed or as published in the bulletin or the
purpose is to enforce existing law must be published in the
official gazette or in a newspaper of general circulation. codified rules.
ADMINISTRATIVE LAW
Tayug Rural Bank v. Central Bank

Any administrative issuance not published or filed G.R. No. L-46158, Nov. 28, 1986
with UP Law Center is ineffective and
unenforceable. The monetary board has not authority to penalize rural banks
with 10% of their past overdue accounts, much less
retroactively, where the law does not authorize it to mete out
GMA Network, Inc. v. MTRCB on rural banks additional penalty expressly or impliedly.
G.R. No. 148579, Feb. 5, 2007
The subsequent resolution revoking questioned 10% per annum
The MTRCB has jurisdiction to review a movie publicity or public penalty on past due accounts of rural banks does not cure the
affairs program on television. But it is without authority to defect but instead admits administrative agency has no power
suspend for seven days a television channel for showing movie to penalize to begin with.
publicity, without its prior review and consent, where basis for
such suspension is a memorandum circular not registered with
national administrative register office. Penal regulations, effectivity.
E.O. 200, June 18, 1987, citing Art. 2, New Civil Code;
Since it failed to comply with filing and publication requirement,
it is unenforceable and cannot bind the television channel Laws take effect after 15 days following their publication in the
official gazette. The word “laws” includes circulars and
Validity of penal regulations. regulations which prescribe penalties. As such, they need be
published to apprise the public of their contents and bind
Penal regulations, authority to promulgate. affected persons with their penalties.
People v. Maceren
G.R. No. L-32166, Oct. 18, 1977
Pesigan v. Angeles
If the rule or regulation validly issued is infringed, it constitutes G.R. No. L-64279, Apr. 30, 1984
a crime punishable under and by virtue of the authorizing law,
not by the rule or regulation. An executive order banning transport of carabao from one
province to another is a penal regulation because it punishes
Where law penalizes use of any obnoxious or poisonous with confiscation and forfeiture of the transported carabao by
substance in fishing, the ensuing administrative rule cannot the government.
penalize electro-fishing. It is neither obnoxious nor poisonous
and not even a substance at all. The law itself does not expressly The public must be informed about it, especially the penal
punish electro-fishing. provisions, by means of publication in the OG before it binds
violators, in the interest of justice and fairness. It should not
apply to carabaos transported two months before its publication
Penal regulations, limitations.
in the OG that even became effective 15 days after such
A rule that conflicts with authority granted by statute does not publication.
represent valid exercise of the rule making power but an attempt
by the administrative body to legislate.
b. Quasi-Judicial Power
In prosecuting violation of administrative order thus, the order

Quasi-judicial power, defined. (Administrative
must clearly appear to fall within scope of authority and
Adjudicatory Power)
scrutinized with special care.
It is the authority to hear and determine questions of fact to
which legislative policy is to apply and to decide in accordance
with standards laid down by the law itself in enforcing and
People v. Maceren administering it.
G.R. No. L-32166, Oct. 18, 1977
Where congress delegated to administrative or executive boards Sandoval v. Comelec

and officers authority to promulgate rules to carry out an G.R. No. 133842, Jan. 26, 2000
express legislative purpose, such rules which extend or conflict
with the authority-granting statute, is not a valid exercise of A power is quasi-judicial when it rests in judgment or discretion,
rule-making power but constitutes an attempt by administrative so that is of judicial nature or character, but does not involve
body to legislate. exercise of functions of a judge, or is conferred upon an officer
other than a judicial officer.
To declare what constitutes a crime and how to punish it, is a
power exclusively vested in congress, not to be delegated to any
other body or agency. A penal statute is strictly construed. The Sec. 23, Chap. IV, Book II, E.O. 292: Members of the
power to promulgate rules should not be confused with the Supreme Court and of other courts established by law shall not
power to enact a criminal statute. be designated to any agency performing quasi-judicial or
legislative functions.
When neither pertinent provisions of the law nor any of its
provision for that matter authorize administrative agency to Quasi-judicial power, when exercised.
penalize, there cannot be a conflict, but lack of basis instead. When it performs in a judicial manner an act essentially
executive or administrative in nature, where power to act in such
An administrative agency cannot impose a penalty not so manner is incidental or reasonably necessary to perform
provided in the law authorizing promulgation of its rules and executive or administrative duty entrusted to it.
regulations, much less one that applies retroactively.
ADMINISTRATIVE LAW
Quasi-judicial power, how exercised. The jurisdiction and powers of an administrative agency are
limited to those expressly granted or necessarily implied
Administrative bodies or officers are required to: from those granted in legislation creating such body.
● Investigate or ascertain existence facts, Any order without or beyond such jurisdiction is void and
● Hold hearings, ineffective.
● Weigh evidence, and
● Draw conclusions from them as basis for their official
Corona v. CA
action and exercise of discretion in a judicial nature.
G.R. No. 97356, Sept. 30, 1992
Quasi-judicial function, defined. Generally, a party who actively participates in case proceedings
It is a term that applies to actions, discretion of public may be estopped from raising question of jurisdiction on appeal.
administrative officers or bodies required to investigate or
But estoppel may only be successfully invoked if the party failed
ascertain existence of facts, hold hearings and draw conclusions
to raise such question in the early stages of the proceedings.
from them as basis for their official action and to exercise
discretion of a judicial nature. The district manager of the ports authority who, after filing
answer, moved to dismiss administrative charge of dishonesty
and prejudicial conduct against him before the administrative
United Residents of Dominican Hill, Inc. v. CSLP action board and petitioned the court for certiorari with
G.R. No. 135945, Mar. 7, 2001 preliminary injunction, both on ground of lack of jurisdiction, is
not estopped to raise it again on appeal.
Even if an agency exercises quasi-judicial functions, it does not
depart from its basic administrative nature.
Jurisdiction, scope of.
Still not considered a court, it is neither part of the judicial An administrative agency has no power to issue writs of
system, nor is it deemed a judicial tribunal. certiorari to annul acts of officers or state organs even when
they exercise supervisory authority over them.
An administrative agency should thus not assume jurisdiction
over cases already pending with the regular courts.
Absence of express constitutional or statutory grant of
jurisdiction disables an administrative agency from exercising
Quasi-judicial power, basis. certiorari powers, even if its own rules of procedure so provide.
The jurisdiction and powers of the administrative agencies are
limited to those expressly granted by law or necessarily implied
from it.
Hrs. of Zoleta v. LBP
G.R. No. 205128, Aug. 9, 2017
Taule v. Santos
G.R. No. 90336, Aug. 12, 1991 The adjudication board of the DAR is without authority to grant
petition for certiorari annulling writs to execute decision by its
Unless expressly empowered, administrative agencies are bereft regional adjudication board increasing value of just
of quasi-judicial powers as their jurisdiction depends entirely on compensation for a parcel of land sold to the government by
statutory provisions reposing power in the. They could not private individuals under the CARP.
confer it upon themselves.
Not only are mere procedural rules incapable of supplanting a
If neither statutory nor constitutional provision expressly or even constitutional or statutory grant of jurisdiction, no amount of
by necessary implication confer upon the local government textual wrangling negates the basic truth that the ARAB is an
secretary power to assume jurisdiction over election protest administrative agency that belongs to the executive, and not to
involving federation officers, he has not authority to pass upon the judicial branch of the government.
its validity, much less nullify results on the ground of irregularity.
When it exercised an innately judicial certiorari power thus, the
executive branch in effect encroaches into the judicial
Lim v. Gamosa department. It is unconstitutional for violating separation of
powers. Its self-serving grant to itself of the power to issue writs
G.R. No. 193964, Dec. 2, 2015
of certiorari is itself a grave abuse of discretion exceeding
The enabling law is the yardstick by which the court measures jurisdiction.
quantum of quasi-judicial powers an administrative agency may
exercise, as defined in the enabling law of such agency The authority to issue writs of certiorari, prohibition and
mandamus involves the exercise of original jurisdiction expressly
conferred by constitution or by law. It is never derived by
implication.
Hrs. of Zoleta v. LBP
G.R. No. 205128, Aug. 9, 2017
Doctrine of primary jurisdiction. (Doctrine of Prior
Its exercise does not amount to the executive department’s Resort)
overreach into or appropriation of actual judicial competence.
It is the power and authority vested by the constitution or law
upon an administrative body to act upon a matter by virtue of
Requirements for valid exercise of quasi-judicial power. its specific competence. (Lim v. Gamosa, G.R. No. 193964,
Dec. 2, 2015)
Jurisdiction, source of.
Abejo v. De la Cruz
ADMINISTRATIVE LAW
G.R. No. L-63558, May 19, 1987 It has been the jurisprudential trend to apply the doctrine of
primary jurisdiction to cases involving matters that demand
The courts cannot or will not determine a controversy involving special competence of administrative agencies even if the
a question within jurisdiction of an administrative tribunal where question involved is also judicial in character.
it demands exercise of sound administrative discretion requiring
its special knowledge, experience and services to determine In cases where the doctrine clearly applies, the court cannot
technical and intricate factual matters. arrogate unto itself authority to resolve a controversy, which
jurisdiction is initially lodged with an administrative body of
special competence.
Provident Tree Farms, Inc. v. Batario Jr
G.R. No. 92285, Mar. 28, 1994
Doctrine of primary jurisdiction, exceptions.
The customs bureau has exclusive jurisdiction to enforce There are 12 exceptions to the doctrine of primary jurisdiction:
importation ban. Thus, direct recourse to RTC seeking injunctive 1. The party invoking it is estopped
relief against importation of matches is devoid of legal basis. 2. The challenged administrative act is patently
illegal as to lack jurisdiction
If the regular court directs the customs bureau to impound
3. there is unreasonable delay or official
imported matched, it interferes with its exclusive jurisdiction
over seizure and forfeiture cases. inaction that will irretrievably prejudice the
complainant.
The order of the judge to impound, seize or forfeit imported 4. amount involved is relatively small so as to
matches is inevitably anchored on his determination and make the rule impractical and oppressive
declaration of invalidity of the importation. In effect, the court
5. Question is purely legal and will ultimately
usurps BOC prerogative, encroaches on and arrogates unto itself
its jurisdiction. have to be decided by the courts
6. Judicial intervention is urgent
More so where the party wrote the BOC contesting legality of 7. when its application may cause great and
match importation. irreparable damage
8. Where the controverted acts violate due
Such correspondence take the nature of an administrative
proceeding which pendency precludes the court to interfere process
under the doctrine of primary jurisdiction 9. When the issue of non-exhaustion of
administrative remedies is mooted.
10. When there is no other plain, speedy and
Province of Aklan v. Jody King Construction and Dev’t. adequate remedy.
Corp. 11. When strong public interest is involved
G.R. Nos. 197592 & 202603, Nov. 27, 2013
12. in quo warranto proceedings
The doctrine of primary jurisdiction holds that if a case is such
that its determination requires expertise, specialized training
Province of Aklan v. Jody King COnstruction and Dev’t.
and knowledge of proper administrative bodies, relief must first
Corp
be obtained in an administrative proceeding before the courts
G.R. No. 197592 and 202603, Nov. 12, 2013
supply a remedy, even if the matter may well be within their
proper jurisdiction.
There are established exceptions to the doctrine of primary
jurisdiction, such as: (a) where there is estoppel on the part of
It applies where the claim is originally cognizable by the courts,
the party invoking the doctrine; (b) where the challenged
and comes into play when enforcement of a claim requires
administrative act is patently illegal, amounting to lack of
resolution of issues which, under a regulatory scheme, have
jurisdiction; (c) where there is unreasonable delay or official
been placed within special competence of an administrative
inaction that will irretrievably prejudice the complainant; (d)
agency.
where the amount involved is relatively small so as to make the
rule impractical and oppressive; (e) where the question involved
In such a case, the court in which the claim is sought enforced
is purely legal and will ultimately have to be decided by the
may suspend the judicial process or if the parties would not be
courts of justice; (f) where judicial intervention is urgent; (g)
unfairly disadvantaged, dismiss the case without prejudice.
when its application may cause great and irreparable damage;
(h) where the controverted acts violate due process; (i) when
All court proceedings in violation of this doctrine and all
the issue of non-exhaustion of administrative remedies has been
decisions and orders rendered thereby are null and void.
rendered moot; (j) when there is no other plain, speedy and
adequate remedy; (k) when strong public interest is involved;
and, (l) in quo warranto proceedings .However, none of the
Smart Communications Inc. v. NTC foregoing circumstances is applicable in the present case.
G.R. No. 151908, Aug. 12, 2003
The court in which the claim is sought enforced may suspend Doctrine of primary jurisdiction, when inapplicable.
the judicial process pending referral of such issues to the Such doctrine does not apply where the administrative agency
administrative body for its view, to guide the court in exercises its rule-making or quasi-legislative power
determining whether it should refrain from exercising its
jurisdiction until after an administrative agency has determined
some question arising in the proceeding before the court Smart Communications Inc. v. NTC
G.R. No. 151908, Aug. 12, 2003
Villaflor v. CA Where what is challenged is validity of regulations on billing of

G.R. No. 95694, Oct. 9, 1997 telecommunications services including period of validity of pre-
paid call cards and Sim cards issued by the national
telecommunications commission on ground they contravene civil
ADMINISTRATIVE LAW
investigations of administrative character. There are rights that
code provisions on sales and deprive property without due
process of law, the regular court may retain jurisdiction. must be respected even in administrative proceedings.
The trial court judge is competent to resolve them , the issues

raised do not entail highly technical matters. What is required of Oporto v. Members of the Board of Inquiry & Discipline
the judge before resolving issues is expertise of fundamental of the NPC
civil law and familiarity of cellular telephone service, including G.R. No. 147423, Oct. 15, 2008
pre-paid Sim and call cards judicially known to be familiar to a
good percentage of the population. Finally, while admittedly violation of due process is an exception
to the doctrine of exhaustion of administrative remedies,
petitioner was not denied due process of law.
Abejo v. De la Cruz Due process is not a mantra, the mere invocation of which shall
G.R. No. L-63558, May 19, 1987 warrant a reversal of a decision. Well-settled is the rule that the
essence of due process is the opportunity to be heard or as
The Court held that under the "sense-making and expeditious applied to administrative proceedings, an opportunity to explain
doctrine of primary jurisdiction ... the courts cannot or will n6t one's side or seek a reconsideration of the action or ruling
determine a controversy involving a question which is within complained of.
the jurisdiction of an administrative tribunal, where the
question demands the exercise of sound administrative
discretion requiring the special knowledge, experience, and
services of the administrative tribunal to determine technical Ang Tibay v. CIR
and intricate matters of fact, and a uniformity of ruling is G.R. No. L-46496, Feb. 27, 1940
essential to comply with the purposes of the regulatory
statute administered The fact, however, that the Court of Industrial Relations may be
said to be free from the rigidity of certain procedural
requirements does not mean that it can, in justifiable cases
The Rule: before it, entirely ignore or disregard the fundamental and
When confronted with a choice between power lodged in an essential requirements of due process in trials and investigations
of an administrative character. There are primary rights which
administrative body and a court, the unmistakable trend has
must be respected even in proceedings of this character
been to refer it to the administrative body. Unless the law speaks
unequivocably, the choice falls on an administrative agency.
. Right to notice of hearing.
Requirements of due process. In administrative proceedings the essence of due process is
Administrative proceedings are summary in nature to achieve simply an opportunity to be heard, to explain one’s side, or
expeditious and inexpensive determination of cases without reconsider the action or ruling complained of.
regard to technical rules.
Utto v. Comelec
G.R. No. 150111, Feb. 31, 2002.
Pboap v. Dole
G.R. No. 202275, July 17, 2018. A mayor assails nullification of his proclamation by the elections
commission on ground he was improperly impleaded as
It is said that due process means "a law which hears before respondent without notice of proceedings.
it condemns." The "law" in the due process clause includes
not only statute but also rules issued in the valid exercise of But substantial evidence shows that he was duly notified of the
an administrative agency's quasi-legislative power. appeal of the annulment proceedings … Even if he was not
notified or given the opportunity to be heard, annulment of his
proclamation remains valid. The twin requirement of notice and
hearing does not apply where the proclamation is illegal and
Because of its summary nature, quasi-judicial bodies are not
void.
bound by technical rules of procedure and evidence, they may
decide solely on position papers, affidavits and other
documentary evidence submitted. PCF, Inc. v. Education Secretary
G.R. No. 78385, Aug 31, 1987
In exercise of quasi-judicial powers, an administrative agency is
The function of an administrative agency to prescribe rates may
not narrowly constrained by technical rules of procedure. It acts
either be legislative or adjunctive. If it were a legislative
according to justice and equity and substantial merits of the case function, prior notice and hearing to affected parties is not a
without regard for technicalities. requirement of due process.
When the rules and/or rates laid down by an administrative

Sibayan v. Alda agency are meant to apply to all enterprises of a given kind
G.R. No. 2333395, Jan 17, 2018. throughout the country, they may partake of a legislative
character. Where the rules and the rates imposed apply
Thus the legal services office of the central bank did not abuse exclusively to a particular party, based upon a finding of fact,
its discretion when it denied both request for written then its function is quasi-judicial in character.
interrogatories to avoid delay of case disposition and the move
to produce bank documents as bank accounts sought examined An order by the Education Secretary prescribing maximum fees
are privileged. that may be charged by all private schools in the country for a
particular school year is thus issued in the exercise of legislative
function. As such prior notice and hearing to interested parties
While it may be free from rigidity of certain procedural are not essential to validate the issuance. But when an
requirements it does not mean it can dispense with fundamental administrative agency prescribes rates in the exercise of its
and essential requirements of due process in trials and
ADMINISTRATIVE LAW
The Right to hearing may be dispensed with altogether when
quasi-judicial function, prior notice and hearing are essential to
validate the rates. there is an urgent need to protect the general public.
Exception:
Right to answer.
The exception to the ruling in PCF regarding the exercise of
The Right to Answer in Administrative proceedings:
quasi-judicial power to prescribe rates is in Gonzales.
In administrative proceedings the essence of due process is
simply the opportunity to be heard and to reconsider or explain
Gonzales v. Manila Electric Co the action or ruling complained of. It is satisfied even if
G.R. No. L-32464, May 19, 1987 respondent opted not to answer.
That the public service commission heard the application while

the notice of hearing is still continually published does not void Utto v. Comelec
the provisional rate proceedings. The public service law G.R. No. 150111, January 31, 2002
authorizes it to approve rates proposed by public services
provisionally without necessity of hearing.
In administrative proceedings, the essence of due process is
simply an opportunity to be heard, or an opportunity to explain
Right to hearing. one’s side or opportunity to seek a reconsideration of the action
While formal hearing is not obligatory in that due process is or ruling complained of. At the hearing before the Comelec en
satisfied when parties are given the opportunity to explain, right banc of petitioner’s motion for reconsideration, petitioner was
to it should be granted once invoked by the parties to thresh out given full opportunity to present his case. He did not present
substantial factual issues, more so if administrative rules provide controverting evidence to justify the exclusion of the five (5)
for one. election returns.
Vivas v. BSP MB
G.R. No. 191424, August 7, 2013. Garcia v. Pajaro
G.R. No. 141149, July 5, 2002
The "close now, hear later" doctrine has already been justified
as a measure for the protection of the public interest. Swift
The essence of due process in an administrative proceeding is
action is called for on the part of the BSP when it finds that a
bank is in dire straits. Unless adequate and determined efforts the opportunity to explain one’s side, whether written or verbal.
are taken by the government against distressed and The constitutional mandate is satisfied when a petitioner
mismanaged banks, public faith in the banking system is certain complaining about an action or a ruling is granted an opportunity
to deteriorate to the prejudice of the national economy itself, to seek reconsideration.
not to mention the losses suffered by the bank depositors,
creditors, and stockholders, who all deserve the protection of
the government. Right to be heard.
The right to a hearing is a cardinal primary right that must be
The doctrine is founded on practical and legal considerations to
obviate unwarranted dissipation of the bank’s assets and as a respected in administrative proceedings. It includes the right of
valid exercise of police power to protect the depositors, interested or affected parties to present his or her own case and
creditors, stockholders, and the general public. Swift, adequate evidence to support it.
and determined actions must be taken against financially
distressed and mismanaged banks by government agencies lest
the public faith in the banking system deteriorate to the Pantranco v. PSC
prejudice of the national economy. G.R. No. 47065, June 26, 1940
Failure to notify about hearing: There are cardinal primary rights which must be respected even
Failure of an administrative agency to notify about scheduled in proceedings of this (administrative) character. The first of
clarificatory hearing deprives one party the right to appear and these rights is the right to a hearing, which includes the right of
propound questions against the other. the party interested or affected to present his own case and
submit evidence in support thereof. In the language of Chief
Justice Hughes, "the liberty and property of the citizen shall be
Saunar v. Executive Secretary
protected by the rudimentary requirements of fair play."
G.R. No. 186502, December 13, 2017
The Court finds that Saunar was not treated fairly in the
LTO Disciplinary Board v, Gutierrez
proceedings before the P AGC. He was deprived of the G.R. No. 224395, July 3, 2017
opportunity to appear in all clarificatory hearings since he was
not notified of the clarificatory hearing attended by an NBI "The essence of procedural due process is embodied in the basic
official. Saunar was thus denied the chance to propound requirement of notice and a real opportunity to be heard. In
questions through the P AGC against the opposing parties, when administrative proceedings, as in the case at bar,
the rules of the P AGC itself granted Saunar the right to be procedural due process simply means the opportunity to
present during clarificatory hearings and the chance to ask explain one's side or the opportunity to seek a
questions against the opposing party. reconsideration of the action or ruling complained of. 'To
be heard' does not mean only verbal arguments in court; one
When the right to hearing can be dispensed with: may also be heard thru pleadings. Where opportunity to be
ADMINISTRATIVE LAW
Right to an informed decision.
heard, either through oral arguments or pleadings, is accorded,
• The decision must be rendered based on evidence
there is no denial of procedural due process."
presented at the hearing or at least contained in he
record and disclosed to affected parties.
• When the administrative tribunal confines its decision
Lameyra v, Pangalinan
to evidence disclosed during hearing, it protects the
G.R. No. 131675, January 18, 2000
right of the parties to know and meet the case against
them.
Essentially, petitioner claims that he was not given due process
• It shouldn’t however detract the administrative tribunal
before Mayor Pangilinan terminated his employment, and that
from its duty to ensure the law is enforced and for this
the Civil Service Commission erred in refusing to consider the
purpose use authorized legal methods to secure
new evidence submitted with petitioner's motion for
evidence and inform itself of facts material and relevant
reconsideration.
to the controversy.
While it is settled doctrine findings of fact of an administrative
Rules of evidence.
agency must be respected and this Court should not be tasked
In a contested administrative case, an agency may
to weight once more the evidence submitted before the
admit and give probative value to evidence
administrative body, it is axiomatic that such findings of facts
commonly accepted by a reasonably prudent
should be supported by substantial evidence.
man in the conduct of their affairs.
Under these circumstances, it is believed that, in equity, and
proper compliance with the requirements of due process,
Documentary evidence may be received in the form
of copies or excerpts, if the original is not readily
petitioner should be given a last full opportunity to prove his
available.
contention that the termination of his service was illegal.
Note: Parties are given the opportunity to compare the

Right to be heard regarding verbal arguments and copy with the original.
arguments in pleadings.
The right to be heard does not only mean verbal arguments in However, if original is in the custody of a public officer,
court, one may also be heard through pleadings. Where its certified copy may be accepted.
opportunity to be heard is accorded, either through oral
arguments or pleadings, due process is not denied. Right to cross-examine and rebuttal evidence.
Every party has the right to cross-examine witnesses
Duty of the tribunal to consider: presented against him or her and to submit rebuttal
However not only must the court give opportunity the court evidence.
must also consider the evidence given. The right to adduce
evidence, without corresponding duty on the part of the board Content of decision
to consider it is vain. Such right is conspicuously futile if the Every decision rendered by an administrative agency is written
person to whom evidence is presented can thrust it aside and states clearly and distinctly the facts and the law on which
without consideration. While the duty to deliberate does not it is based.
oblige to decide right, it needs something to supports its decision
otherwise it is a nullity.
Ang Tibay v. CIR
Right to a decision based on quantum of proof.
G.R. No. L-46496, Feb. 27, 1940
• Not only must there be some evidence to support a
The agency should decide in such a manner that parties to the
finding or conclusion, but the evidence must be
proceedings would know the various issues involved and the
substantial. It means such evidence which affords a
reasons for the decision rendered.
substantial basis from which the fact in issue can be
reasonably inferred.
• Substantial evidence is such relevant evidence as a When decided, and notification
reasonable mind might accept as adequate to support Each case is decided within 30 days following the submission,
a conclusion, even if other minds equally reasonable notifying the parties of such decision personally or by the
might conceivably opine differently. registered mail addressed to their counsel of record or to them.
• The reason why rules of evidence prevailing in courts
do not control administrative proceeding is to free Offense other than administratively charged
administrative boards from compulsion of technical Designated offense to which a person is administratively
rules so that mere admission of matter deemed charged with is not controlling. One may be found guilty of
incompetent in judicial proceedings doesn’t invalidate an offense other than he is administratively charged
an administrative order. with, where substance of allegations and evidence presented
• But this assurance of flexibility in administrative suffice to prove one's guilt for another offense.
procedure doesn’t justify orders without basis in
evidence having rational probative force. Mere
Ombudsman v. Espina
uncorroborated hearsay or rumor doesn’t constitute
G.R. No. 213500, Mar. 15, 2017
substantial evidence.
ADMINISTRATIVE LAW
He thus acted negligently, unmindful of the high position he

The acting division chief who signed inspection report forms to occupied and its corresponding responsibilities, without due
confirm receipt of supplies for, and performance of repair and regard to his accountability for hundreds of millions of taxpayer
refurbishment on light armored vehicles leading to disbursement money, especially where his signature is one of the final steps
of close to half a billion pesos when in fact no goods or services needed to release payment for procured items.
were actually delivered or rendered, was charged with, but
should not be dismissed for, serious dishonesty and grave His duty as acting division chief is not ministerial and
misconduct. perfunctory as it related to disbursement of funds over
which a great responsibility attaches.
While he may have failed to personally confirm delivery of
procured items, it does not constitute dishonesty of any form He should not blindly adhere to the findings and opinions of his
inasmuch as he did not personally prepare the inspection report subordinates, lest he be reduced to a mere clerk without the
forms but merely signed them as prepared by his subordinates. authority over his subordinates and the sections he oversees.
Neither can it be considered misconduct, grave or simple.

Right to independent review.
without proof he premeditated to violate the law, or disregard
The administrative agency or its adjudicating officer must
any established rule, or that he wrongfully used his position to
independently consider the law and facts of the controversy and
benefit himself or another person, contrary to duty and right of
not simply accept the views of a subordinate in arriving at a
others.
decision.
Instead, he should be dismissed for gross neglect of duty for

The reviewing officer must be other than the officer whose
failure to perform his bounden duty to supervise his
decision is under review, otherwise, there could be no different
subordinates and ensure they perform their respective functions
view of the case.
according to law.
Rivera v. CSC
Nature of public officers’ responsibility and role in
G.R. No. 115147, Jan. 4, 1995
procurement process
The ARIAS DOCTRINE that allows head offices to rely on their
The right to due process of a corporate banking unit manager is
subordinates applies provided there must be no reason for the
violated when the chair of the merit systems protection
head office to go beyond recommendations of his subordinates.
board that suspended him for acts prejudicial to best interest
of service in accepting employment from a bank client, is also
A superior cannot rely in good faith on the act of a subordinate
one of the civil service commissioners that modified his
where documents supportive of subordinate acts were not even
suspension to dismissal on the ground it amounts to grave
in his possession for examination.
conduct.
Ombudsman v. Espina
G.R. No. 213500, Mar. 15, 2017 Corona v. CA
G.R. No. 97356, Sept. 30, 1992
While he is not expressly required to physically re-inspect, re-
check, and verify deliveries as reported by property inspectors It is absurd for him to initiate an administrative case which later
under him, his duty was not simply to take note of falls upon him to review.
existence of inspection report forms, but to reasonably
ensure they were prepared according to law.
Incidents of quasi-judicial power.
Sec. 37, Chap. 9, Book I, E.O. 292
The following circumstances reasonably impose on the acting
The authority to take testimony or receive evidence includes the
division chief, who is the last approving authority for
power to administer oaths, summon witnesses, and require
disbursement, a higher degree of care and vigilance in the
production of evidence by a subpoena duces tecum.
discharge of his duties:
Foremost, the huge amount of taxpayer money, close to half Mendoza v Comelec
billion pesos. And, timeline of alleged delivery and performance, G.R. No. 188308, Oct. 15, 2009
a short of seven days against magnitude of work involved for
delivery of light armored vehicles for repair, inspection and In the course of the exercise of its jurisdiction, an administrative
approval of materials used for repair and delivery after repair. agency like the elections commission holds hearings and
exercises discretion of a judicial nature.
These compelling circumstances should have prompted him to
further verify the truthfulness of reports prepared by his It receives evidence, ascertains facts from these submissions,
subordinates. Had he properly asked, he would have discovered determines the law and the legal rights of the parties, and on
that neither the procured goods were delivered nor procured the basis of all these decisions on the merits of the case and
services performed to abort unlawful disbursement. renders judgment.
ADMINISTRATIVE LAW
In a quasi-judicial proceeding, an agency may take notice of The following officers have general authority to administer
judicially cognizable facts and of generally cognizable technical oaths:
or scientific facts within its specialized knowledge without 1. President
prejudice to rights of a party to be notified and afforded 2. Vice-President
opportunity to contest the facts so noticed. 3. Members and Secretaries of both Houses of the Congress;
4. Members of the Judiciary;
5. Secretaries of Departments;
Alecha v. Atienza Jr.
6. provincial governors and lieutenant- governors;
G.R. No. 191537, Sept. 14, 2016
7. city mayors;
8. municipal mayors;
The environment secretary may take judicial notice of
9. bureau directors;
documents submitted for approval of a mining agreement
10. regional directors;
already in his possession by reason of his office.
11. clerks of courts;
12. registrars of deeds;
Even if the environment secretary failed to notify the parties he
13. other civilian officers in the public service of the
took judicial notice of the documents, he did not gravely abuse
government of the Philippines whose appointments are
his discretion.
vested in the President and are subject to confirmation by
the Commission on Appointments;
It is because parties were sufficiently notified and afforded the
14. all other constitutional officers; and notaries public.
opportunity to contest the documents after they were either
posted in a conspicuous place, published in a newspaper of
general circulation or its contents announced in the radio.
NOTE: The punong barangay is authorized to administer
the oath of office of any government official including the
Note: The presumption of regularity in the performance of President of the Philippines.
official duties is strong with respect to administrative agencies
in enforcing laws affecting their respective fields of activity. But these officers authorized to administer oath, except
notaries public, municipal judges and clerks of court, are not
Power to subpoena and cite for contempt. obliged to administer oath or issue certificates save in
In any contested case, the administrative agency has power to matters of official business.
require attendance of witnesses or production of books, papers,
documents and other pertinent data, upon request of any party Power to promulgate rules of procedure.
before or during hearing upon showing of general relevance. Where the law does not require any particular rule of procedure
to be followed by an administrative agency, it may adopt any
In case subpoena is disobeyed reasonable method to carry out its function.
The agency may, in case its subpoena is disobeyed, invoke the
aid of the regional trial court within whose jurisdiction
Provident Tree Farms, Inc. v. Batario Jr.,
the contested case being heard falls. The court may punish
G.R. No. 92285, Mar. 28, 1994
the contumacy or refusal as contempt.
Even if no procedure outlines enforcement of import ban under

However, these compulsory processes may only be exercised if
the tariff and customs code, it does not at all diminish its
expressly conferred by law and when administrative agency
jurisdiction over the subject matter.
exercises quasi judicial power, or as an incident to authority to
take testimony which must first be shown before it can apply to
The enforcement of statutory rights is not foreclosed by absence
courts to punish hostile witnesses.
of statutory procedure.
Note: These compulsory processes do not apply to a city

Here, the customs commissioner has power to promulgate all
government as these pertain to national government offices and
rules and regulations necessary to enforce the provisions of tariff
bureaus.
and customs code subject to approval of the finance secretary
Carmelo v. Ramos
G.R. No. L-17778, Nov. 30, 1962
Note: The absence of rules of procedure does not diminish
jurisdiction over subject matter.
While the city mayor may create a committee to investigate
licensing anomalies, such a committee cannot go to court to
have a private person cited in contempt for his refusal to appear.
Power to enforce decisions.
Laws have no retroactive effect. But, rules regulating procedure
The power to issue subpoena and contempt for its
of courts are however retroactive in nature, thus applicable to
disobedience must be expressly granted by law to the
actions pending and unresolved at the time of their passage.
committee, not implied from the power of the mayor to
investigate.
As a general rule, no vested right may attach to or arise from
procedural law or rule. When applied retroactively, it does not
Power to administer oaths.
ADMINISTRATIVE LAW
violate any right of a person adversely affected (Panay power to regulate activities falling under their particular
Railways Inc. v. HMDC) expertise.
Hence, Rules of Procedure may be applied retroactively to cases

Sto. Tomas v. Del Valle
pending and unresolved at the time of its passage, including
G.R. No. 223637, Aug. 28, 2019
amendments to it.
The housing and land use regulatory board has jurisdiction to

Villaseñor v. Ombudsman rule on the claim for moral and exemplary damages, attorney’s
G.R. No. 202303, June 4, 2014 fees and litigation expenses in an intra-association controversy.
When an administrative order amends rule on finality and It is purely incidental to the principal relief sought-- injunction
execution of decision of the ombudsman to make it executory and annulment of construction rules, fees, fines, penalties and
despite filing or pendency of appeal or motion for the board resolution prohibiting construction of multiple dwelling
reconsideration, it may be applied retroactively to a city units on single lots in subdivision.
electrical inspector who was dismissed for gross neglect of duty
and conduct prejudicial to the best interest of service prior to Its competence to award damages is not limited to cases filed
such amendment. by subdivision lot or condominium unit buyers against project
owners, developers, brokers, or salesman.
Despite the pendency of his motion for reconsideration
that even took longer than the prescribed time to It likewise applies to other cases within its jurisdiction including
resolve, his dismissal shall be executed as a matter of inter-association and intra-association disputes.
course. It does not violate his vested right, if any.
It is however ruled that the housing land use and regulatory
Should his motion for reconsideration or appeal be granted in board hears and decides intra-association and/or inter-
his favor, he is considered to have been preventively suspended association controversies without prejudice to filing of civil and
and be paid with salary and other emoluments he did not receive criminal cases by the parties concerned before the regular
by reason of his removal. courts.
But it refers only to such cases that should proceed

Lapid v. CA independently of such disputes, cognizable by the regular courts
G.R. No. 142261, June 29, 2000 which arise from, or are related to , the same act or acts
complained of, but are not incidental to or a necessary
There is no general legal principle that mandates all decisions of consequence of a main case brought before it.
quasi-judicial agencies are immediately executory.
Note: Statues conferring powers on administrative agencies

But where Congress has seen fit to declare that the decision of
should be liberally construed to enable them to discharge
the quasi-judicial agency is final and executory pending appeal,
assigned duties in accordance with legislative intent.
the law expressly so provides.
c. Implied Power
Decisions of the CSC under the administrative Code and the
While an administrative agency has only such powers as are
Office of the President under the Local Government Code are
expressly granted to it by law, it also has such powers as are
immediately executory.
necessarily implied in the exercise of its express powers.
They are so even pending appeal, because pertinent laws under

which the decisions were rendered mandate them to be so by LLDA v. CA
expressly providing for execution pending appeal for their final G.R. No. 110120, Mar. 16, 1994
orders.
The cease and desist order issued by the Laguna lake
development authority against the city government, Metro
Power to award damages and attorney’s fees.
Manila authority, their contractors, and other entities to
Split jurisdiction is not favored
completely halt, stop and desist from dumping any form or kind
of garbage and other waste matter at a bangay dumpsite cannot
be stamped as unauthorized exercise of injunctive powers.
When an administrative agency is conferred quasi-judicial
functions, all controversies relating to the subject matter
By its express terms, the law authorizes to make, alter, or modify
pertaining to its specialization are deemed included within
order requiring discontinuance of pollution and make whatever
its jurisdiction.
order may be necessary in the exercise of its jurisdiction.
It must be noted that it is not only the courts of justice that can
While it does not expressly confer to issue cease and
adjudicate claims resoluble under the civil code provisions.
desist order, it may be implied as the rule granting such
Hundreds of administrative bodies now perform quasi-judicial
authority need not necessarily be express. Otherwise, it
functions and adjudicate damages as validly authorized by
will be reduced to a toothless paper agency.
congress, exercised by them as an incident of their principal
ADMINISTRATIVE LAW
Philippine Consumers Foundation, Inc. v. Education

Secretary
G.R. No. 78385, Aug. 31, 1987
The education law empowers the education department to

regulate the educational system in the country. It may
promulgate rules and regulations necessary to administer,
supervise and regulate the educational system in accordance
with declared policy.
The education secretary, charged with the duty to administer

and enforce the law, is likewise authorized to promulgate
necessary implementing rules and regulations. In the absence
of a statute stating otherwise, this power includes the power to
prescribe school fees. No law vests any other government
agency with authority to fix school fees.
Thus, the power should be considered lodged with the education

department if it is to properly and effectively discharge its
functions and duties under the law. The education secretary
may thus validly authorize private schools 10 to 15%
increase in school fees for a particular school year.
ADMINISTRATIVE LAW
CHAPTER IV－CHECK AND BALANCE Purpose: to check perceived exponential accumulation of
power by the executive branch.
Presidential check on administrative agencies.
The law directs heads of department, bureaus, offices and Legislative oversight functions, categorized.
agencies and other entities in the executive branch to conduct the acts done by the congress in the exercise of irts oversight
comprehensive review of their respective mandate, powers may be divided into 3 categories:
mission, objective, functions, programs, projects, 1. scrutiny,
activities and systems and procedure. And to identify 2. investigation, and
activities no longer essential in delivery of public services which 3. supervision.
may be scaled down, phased-out or abolished; as well as to
streamline organization and improve their overall performance. A. Scrutiny
Implication: Lesser intensity and continuity of attention to
administrative operation.
Buklod ng Kawaning EIIB v. Zamora
G.R. No. 142801-802, Jul 20, 2001
Purpose: to determine the economy and efficiency in
government activities operation.
The president may thus circularize or order to streamline and
improve productivity in agency organization and operation or to
scale down, phase out and abolish offices within the executive Abakada Guro Party List v. Purisima
branch if their activities are no longer essential to deliver public G.R. No. 166715, Aug. 14, 2008
service.
In the exercise of legislative scrutiny, congress may
While the President did not abolish but merely deactivated the request information and report from other branches
bureau, the power of control justifies him to deactivate its of government. It can recommend or resolve for
functions for simplicity, economy, and efficiency. consideration of the agency involved.
Legislative check on administrative agencies. Scrutiny through power of appropriation.

Congress checks other government agencies through its Power of the purse.
legislative powers: Legislative scrutiny is pased primarily on legislative power to
1. Congress creates administrative agencies, appropriate.
defines their powers and duties, and fixes terms of
officers and their compensation. The president may propose the budget, but still, congress has
2. Congress also creates courts, defines their final say on appropriations.
jurisdiction, and reorganizes the judiciary so long as it
does not undermine security of tenure of its members. the power to appropriate carris with it the power to specify
activity or project to be fuinded.
Note: the power of congress does not end with the finished task
of legislation. Concomitant with its main power to legislate is the Budget hearing.
auxiliary power to ensure that laws it enacts are faithfully Holding of budget hearing has been the usual means to review
executed. policy and audit use of previous appropriation to ascertain
whether it was disbursed for purposes authorized in
Post-enactment legislative measures. appropriation law.
Power of oversight, defined.
The power embraces all activities that congress undertakes to It is during budget hearings that administrative officials defend
enhance its understanding of and influence over implementation their project proposals.
of legislation it enacted.
Consequently, administrative officials appear every year before
It concerns post-enactment measures undertaken by legislative appropriation committees to report and submit a
congress to: budget estimate and a program administration for succeeding
1. monitor bureaucratic compliance with program fiscal year.
objectives,
2. determine whether agencies are properly It gives lawmakers opportunity to express their confidence in
administered, the performance of a cabinet secretary or manifest their disgust
3. eliminate executive waste and dishonesty, or disfavor of continuance in office of the bureaucrat.
4. prevent executive usurpation of legislative authority,
and Department Head to appear before Congress
5. to evaluate executive conformity with congressional This is not mandatory, as provided for in the Constitution.
perception of public interest.
As part of Legislative scrutiny:
Power of oversight, basis. 1. Congress can ask department heads to appear before and
Intrinsic in grant of legislative power itself and integral to be heard by either house on any matter pertaining to their
checks and balances inherent in a democratic system of departments; or
government.
ADMINISTRATIVE LAW
2. The Department heads, upon their own initiative and upon
other public ministers and consuls, officers of the armed forces
consent of the president, appear before and be heard by
from the rank of colonel or naval captain, and other officers
such house on any matter pertaining to their departments;
whose appointments are vested in him in this Constitution;
or
3. When state security or public interest so requires and the
Second, all other officers of the Government whose
president so states in writing, their appearance is
appointments are not otherwise provided for by law;
conducted in executive session.
Third, those whom the President may be authorized by law to

Cabinet members’ appearance but in executive session
appoint;
only.
The president may or may not consent to the appearance of
Fourth, officers lower in rank whose appointments the Congress
department heads, especially on Cabinet members. Even if he
may by law vest in the President alone.
does, he may require an appearance in executive session.
Reciprocally, congress may refuse initiative of a department
The FIRST GROUP of officers is clearly appointed with the
secretary.
consent of the Commission on Appointments. Appointments of
such officers are initiated by nomination and, if the nomination
Reason: Cabinet members are purely alter egos of the
is confirmed by the Commission on Appointments, the President
president. To require them to appear before legislators and
appoints.
account for their actions puts them on unequal terms with
legislators and violates separation of powers of executive and
legislative branches. Executive Departments
● Chairs and commissioners of the civil service
Scrutiny through power of confirmation. commission, elections commission, audit commission
Congress shares in the executive appointing power to lessen and regular members of the judicial and bar council.
political considerations in the appointment of officials to
sensitive government positions. Officers of the armed forces from the rank of colonel or
naval captain
It is also an opportunity for congress to find out whether a ● Refers to military officers alone.
nominee possesses necessary qualifications, integrity and
probity required of all public servants.
Manalo v. Sistoza
The power of the appointments commission to confirm certain

The national police is not akin to the armed forces as they are
presidential appointments contemplates a system of checks and
separate and distinct from each other. The armed forces is
balances between executive and legislative branches of
composed of a citizen armed force that undergoes military
government.
training and service and keeps a regular force necessary to
secure the state, whereas the police force is civilian in character.
Manalo v. Sistoza
G.R. No. 107369, Aug. 11, 1999
Soriano v. Lista
Under the 1935 constitution, almost all presidential
appointments required its consent. It thus became a venue of Since the coast guard is now under the transportation and
horse-trading and similar malpractices. communications department, promotions and appointments of
officers to it, or any officer from rank of captain and higher, do
The 1973 constitution that placed in the president absolute not require confirmation.
power to appoint with hardly any check byu the legislature,
abused such power.
Not all officers whose appointments are vested in the President
in the Constitution require consent of the appointments
As such, the 1987 constitution framers imperatively established
commission.
a middle ground by subjecting certain high government
positions to confirmation and allowing other positions under
The Constitution likewise specifies such appointments which do
exclusive appointing power of the president.
not require consent. It includes the following positions:
● Ex officio members of the Judicial and bar Council (IBP
Consent, when required. Representative, Professor of Law, Retired SC Member
and Private Sector Representative)
Sarmiento v. Mison
● Members of the Supreme Court
● Judges of Lower Courts; and
It is readily apparent that under the provisions of the 1987
● The Ombudsman and his or her deputies.
Constitution, just quoted, there are four (4) groups of officers
whom the President shall appoint. These four (4) groups, to
which we will hereafter refer from time to time, are: Deles v. The Commission on Constitutional
Commissions
First, the heads of the executive departments, ambassadors,
ADMINISTRATIVE LAW
Since seats reserved for sectoral representatives in Congress

may be filled by appointment by the President by express iii. the referral of a petition filed or information
constitutional provision, it is indubitable that they are among given by any person not .a Member of the
other officers whose appointments are vested in him in the House requesting such inquiry to the
Constitution. appropriate committee by the Committee on
Rules after making a determination on the
necessity and propriety of the conduct of an
A law that empowers the appointments commission to conform
inquiry; Provided, That such petition or
public officials whose appointments are not required to be
information is endorsed by the Speaker to the
confirmed is UNCONSTITUTIONAL. Even if officers appointed
Committee on Rules and is given under oath,
may be higher in rank than some officers whose appointments
stating the facts upon which it is based, and
are to be confirmed.
accompanied by supporting documents.
Consent, when not required.

It is not required in the SECOND, THIRD, and FOURTH Power to issue subpoena and cite for contempt.
groups of presidential appointments.
Attendance of Witnesses. – The committee shall have the

power to issue subpoena ad testficandum and subpoena duces
Investigation
tecum to witnesses in any part of the country, signed by the
Involves a more intense fact finding. It is also called power of
Chairperson or acting Chairperson and the Speaker or acting
legislative inquiry. ー with the process to enforce it, is an Speaker.
essential and appropriate auxiliary to the legislative function.
Power to investigate, limitations. (LRC) Contempt. – The committee may punish any person for
1. It must be in aid of its Legislative functions contempt by a vote of two-thirds (2/3) of the Members present,
2. Conducted in accordance with duly published Rules of there being a quorum. The following shall be grounds for citing
procedure any person in contempt:
3. Persons appearing are afforded their Constitutional
rights a. refusal without legal excuse to obey summons;
b. refusal to be sworn or placed under affirmation;
In aid of legislation. c. refusal to answer any relevant inquiry;
d. refusal to produce any books, papers, documents or
In accordance with duly published rules of records that are relevant to the inquiry and are in the
procedure. possession of the concerned person; .
This requires each house to publish its RULES OF e. acting in a disrespectful manner towards any Member
PROCEDURE governing inquiries in aid of legislation of the committee or any misbehavior in the presence
because one house is distinct from the one before and of the committee; or
after it. f. undue interference in the conduct of proceedings
during meetings.
Modes of Initiation. – Inquiries may be initiated through the

following modes:
Neri v Senate
a. motu proprio action of a committee on any matter

Even the courts are repeatedly advised to exercise the power of
within its jurisdiction upon a majority vote of all its
contempt judiciously and sparingly with utmost self-restraint
Members; or
with the end in view of utilizing the same for correction and
preservation of the dignity of the court, not for retaliation or
b. upon order of the House of Representatives through;
vindication. Respondent Committees should have exercised the
same restraint, after all petitioner is not even an ordinary
i. the referral to me appropriate committee of a
witness. He holds a high position in a co-equal branch of
privilege speech containing of conveying a
government.
request or demand for the conduct of an
inquiry, upon motion of the Majority Leader or
the Deputy Majority Leaders; or Constitutional rights of persons appearing.
Once an inquiry is established to be within jurisdiction of a
ii. the adoption of a resolution reported out by legislative body to conduct, the investigation committee has
the Committee on Rules, after making a the power to inquire witnesses to answer any pertinent
determination on the necessity and propriety question, subject to his or her constitutional rights against self-
of the conduct of an inquiry by a committee, incrimination.
directing a committee to conduct an Inquiry;
Provided, That all resolutions directing any Right against self-incrimination.
committee to conduct an inquiry shall be ● In exercise of power of investigation
referred to the Committee on Rules; or congressional inquiries can reach all sources
of information. In the absence of
ADMINISTRATIVE LAW
countervailing constitutional privilege or self
imposed restrictions upon its authority, STATE SECRETS PRIVILEGE.
congress and its committees have plenary This is one variety of privilege invoked by
power to compel information needed to american presidents on ground to information
discharge its legislative functions. of such nature that its disclosure would
● Within certain constraints the information subvert crucial military or diplomatic
obtained may be made public. The right of objectives. Thus, courts uphold executive
congress or any of its committees to obtain right to withhold documents that microbial
information in aid of legislation cannot be military or state secrets.
equated with the right of people to public
information. Hence congress cannot claim INFORMER’S PRIVILEGE.
that every legislative inquiry is an exercise of It remains government privilege not to
the people's right to information. disclose the identity Of persons who furnish
● The inquiry must be material or necessary information of violations of law to officers
hence a witness cannot be coerced to answer charged to enforce that law.
a question of his leon related to the subject of
inquiry.
● The necessity or lack of necessity are GENERIC PRIVILEGE.
determined by the sum total of the Internal deliberations are said to be attached
information to be gathered as a result of the to ensure governmental documents reflecting
investigation and not by a fraction of such advisory opinions, recommendations and
information. deliberations comprising part of a process by
● It is not enough for the witness to say the which government decisions and policies are
answer incriminates him for he is not the sole formulated or those documents reflecting
judge of his liability. The danger of self frank expression needed in intergovernmental
incrimination must appear reasonable and advisory and deliberative communication.
real to the court from all circumstances and
from the whole case as well as from his Executive privilege, information covered.
general conception of the relations of the It covers all confidential or classified
witness. The witness cannot assert his information between the president and the
privilege by reason of some fanciful excuse, public officers enumerated in it.
for protection against an imaginary danger, or
to secure immunity to a third person. Including conversations and correspondence
● But its power to request department heads to between the president and such public
appear before and be heard by it on any officials, military, diplomatic and other
matter pertaining to their departments as national security matters that should not be
pursuant to exercise of its power to conduct a divulged in the interest of national security,
QUESTION HOUR to obtain information in information between inter government
pursuit of its oversight function. agencies prior to conclusion of treaties and
● It is however conceded that it is difficult to executive agreements, discussion in closed
draw the line between inquiry in aid of door cabinet meetings, and matters affecting
legislation and inquiry and exercise of national security and public order.
oversight function. in this regard it is largely
depending on the content of the questions While executive privilege is a constitutional
and how the manner of inquiry is conducted. concept, the validity of its claim depends on
ground invoked to justify it and the context in
Power of compulsory process, validity of. which it is made. Executive officials are not
To be valid it is imperative that it is done with duly published exempt from the duty to disclose information
rules of procedure of either house and that the rights of persons by mere fact of being executive officials. The
appearing in or affected by such inquiries should be respected. extraordinary character of exemptions
indicates the presumption and fines heavily
Power of compulsory process, persons covered. against executive secrecy and favor of
It is extended even to executive officials and the only way for disclosure.
them to be exempted is through a valid claim of executive
privilege . Executive privilege, officials covered.
It covers all senior officials of
Executive privilege, defined. executive departments, all military
It is the government power to withhold and police officers and all senior
information from the public, the courts, and national security officials who, in the
the congress. judgment of heads of offices
designated, are covered by
Executive privilege, varied. executive privilege. it also includes
It has encompassed claims of varying kinds.
ADMINISTRATIVE LAW
such other officers as may be Used to allow congress to scrutinize exercise of delegated law-
determined by the president making authority, and permits it to retain part of that delegated
authority through its veto power.
Executive privilege, rationale.
It involves great public interest to preserve NOTE:
confidentiality of conversations that take ● Legislative oversight is not unconstitutional per se, as
place in the president's performance of official it neither necessarily encroaches on executive power to
duties. presidential communications are last implement laws nor undermines constitutional
perceptibly privileged founded on the chief separation of powers.
executives in generalized interest in ● Rather, it is integral to check and balances inherent in
confidentiality. a democratic system of government.
● Any post-enactment legislative measure should
Executive privilege, kinds of. be limited to (1) scrutiny and (2) investigation.
1. Presidential communications
privilege - rooted in the Legislative veto.
constitutional principle of separation This undermines constitutionally guaranteed separation of
of powers and in the president's powers. It radically changes the design or structure of the
unique constitutional role. It pertains constitution’s diagram of power as it entrusts to congress direct
to communications in documents or role in enforcing, applying or implementing its own law.s
other materials that reflect
presidential decision making and Judicial review
deliberations that a president The constitution vests power of judicial review or the power to
believes should remain confidential. declare unconstitutional a law, treaty, international or executive
2. Deliberative process privilege - agreement, presidential decree, order, instructions or
based on common law privilege. It regulations in the court.
includes advisory opinions,
recommendations and deliberations This does not imply that the chief executive is inferior to courts,
comprising part of a process by it shows that the law is above the president, and the court
which government or decisions and merely interpets or implements the law.
policies are formulated. It applies to
decision making of executive officials Judicial review, when availed of.
Important to know what judicial remedies may be properly
Executive privilege, who invokes how. availed of and when.
The privilege belongs to the government and must be
asserted by it and can neither be claimed nor waived 1. Judicial review over exercise of quasi-
by a private party. As such an agency must provide legislative power.
precise and certain reasons for preserving A party may directly question before the court the
confidentiality of requested information. constitutionality or validity of a rule or regulation issued by an
administrative agency.
Presidential communications privilege, elements.
1. The protected communication must relate to a 2. Judicial review over exercise of quasi-judicial
quintessential and non-delegable presidential power power.
like commander-in-chief power, appointment and Pursuant to the administrative jurisdiction, where quasi-judicial
removal power, power to grant pardons and reprieves, acts are involved, congress would require quasi-judicial agencies
the sole authority to receive ambassadors and other to first cognize the case before restoring to judicial remedies to
public officers and the power to negotiate treaties. maximize special technical expertise possessed by
2. the communication must be authored or solicited and administrative agencies.
received by the president himself or his close advisers
who must be in operational proximity with him. Doctrine of primary jurisdiction.
3. The presidential communications privilege remains a
qualified privilege that may be overcome by showing of ● Enjoins courts from resolving controversies
adequate need such that the information sought likely involving questions within jurisdiction of
contains important evidence and by the unavailability an administrative tribunal where it
of the information elsewhere by appropriate demands exercise of sound administrative
investigating authorities. discretion requiring its special knowledge,
experience, and services to determine
Supervision technical and intricate matters of facts.
The continuing and informed awareness on the part of a ● When confronted with such a case, the court
congressional committee regarding executive operations in a is without choice but to dismiss it.
given administrative area.
ADMINISTRATIVE LAW
Doctrine of primary Doctrine of exhaustion of The courts should not entertain these special civil actions
jurisdiction administrative remedies against admin officers if their superiors could grant relief sought.
Being extraordinary remedies, these special civil actions can only
be granted where no other remedy avails of suffices to afford
Requires parties to exhaust all redress.
remedies in the administrative
machinery before resort to Even if it be assumed that the law does not expressly require
judicial remedies prior resort to admin remedies, it may still be implied from
express and exclusive powers granted to an admin agency.
May only be invoked in matters involving exercise of quasi- Failure to exhaust admin remedies affects ripeness to adjudicate
judicial power, not matters pertaining to its quasi-legislative constitutionality of a governmental act, which in turn affects
power. existence of the need for an actual case for the courts to
exercise their power of judicial review.
Doctrine of primary jurisdiction and exhaustion of

Oporto v. Members of the Board of Inquiry & Discipline
administrative remedies, distinguished.
of the NPC
Doctrine of Exhaustion of Administrative remedies
G.R. No. 147423, Oct. 15, 2008
● This is a form of courtesy where the court
An employee found administratively guilty of dishonesty, grave
defers to the administrative agency expertise
misconduct and gross neglect of duty cannot petition the court
and waits for its resolution before it hears the
for prohibition and injunctive relief pending his appeal to the
case
energy secretary whom he even considers a superior
● This doctrine assumes the matter is either
administrative authority.
within court jurisdiction or shared with the
administrative agency. However, the court, in
Even if such appeal turned out to be an incorrect remedy, it
its discretion, declines to exercise jurisdiction.
cannot be argued it should be deemed not filed at all to justify
● This can be waived.
direct resort to prohibition. Otherwise, it gives a premium for
filing a wrong remedy.
Doctrine of Primary Jurisdiction
● Jurisdiction pertains exclusively to the
administrative agency to act on a quasi-
judicial matter, leaving the court with no Administrative remedies, why need exhausted.
The doctrine of exhaustion of admin remedies is based on
alternative but to dismiss the case for lack of
jurisdiction. practical and legal reasons.
● This refers to the competence of the admin
Practicality.
agency to cognize a case at first instance. This
cannot be waived unlike the doctrine of Its practical purpose is to provide orderly
exhaustion of administrative remedies. procedure by giving admin agency an
opportunity to decide the matter itself
Similarity: correctly and to prevent unnecessary and
● Both doctrines capitalize on the administrative agency’s premature resort to courts.
acknowledged expertise over its field of specialization.
It rests on the presumption that if the admin
Doctrine of exhaustion of administrative remedies. agency is afforded a complete chance to pass
upon the matter, it will decide it correctly.
This doctrine generally precludes parties from seeking court
intervention when law provides remedies against acts of an Affordability and expediency.
administrative board, body, or officer. Resort to admin remedy is cheaper and faster.
For reasons of comity and convenience,
Where an enabling law provides procedure for administrative courts shy away from a dispute until system
review, the courts, for reasons of law, comity and convenience, of admin redress is completed to give the
refuse to entertain a case unless these available administrative admin agency every opportunity to correct its
remedies are resorted to and concerned authorities are given error and terminate the case.
opportunity to act and correct errors committed in the
administrative level. It withholds judicial action until admin process
had run its course to avoid interference with
Mere initiation of prescribed administrative procedure to obtain functions of admin agency and likewise
administrative relief does not suffice, the party must pursue it prevent attempts to swamp courts by a resort
to its conclusion before judicial intervention is sought to give the to them in the first instance.
administrative agency opportunity to decide the matter by itself
correctly and prevent precipitate, unnecessary, and premature Separation of powers.
resort to the court.
ADMINISTRATIVE LAW
The principle of separation of powers is another reason to It further admits of several well-defined exceptions and may
exhaust so as to prevent judicial interference with matters thus be dispensed with:
coming primarily, albeit not exclusively, within the competence ● In quo warranto proceedings,
of other departments. ● Where there is strong public interest,
● Estoppel on the part of administrative agency
The theory is that administrative authorities are in a better concerned,
position to resolve questions addressed to their particular ● Irreparable injury,
expertise. Should subordinates err, their superiors may rectify ● Claim involved is small,
them if given the chance to do so. ● Subject matter is a private land in land case
proceedings, or
As a rule, a court should not substitute its judgment for that of ● When the issue of non-exhaustion has been mooted.
the admin agency acting within the perimeter of its own
competence. The court must not casually overturn acts of an When due process is violated.
administrative agency. In settled jurisprudence, violation of due process is the first and
foremost exception to the doctrine of exhaustion of
Without resorting to the prescribed admin remedies, no party administrative remedies.
can ask the court directly to restrain enforcement of the writ of
sequestration, more so from the RTC, a body co-equal to the When the issue involves purely legal question.
commission. The doctrine does not apply where nothing of an
administrative nature is to be or can be done.
PCGG v. Peña
When the dispute involves purely legal question, there is no
G.R. No. 77663, Apr. 12, 1988
need to exhaust administrative remedies like a motion for
reconsideration as it will ultimately have to be decided by courts
Co-equal bodies have no power to control the other. The
of justice just the same.
judiciary reorganization law recognizes that RTCs lack
jurisdiction over quasi-judicial agencies when said law vests
At best, administrative authorities resolve such question
exclusive appellate jurisdiction in the appeals court over all final
tentatively as final decisions rests not with them but with courts
judgments, decisions, resolutions, orders or awards of RTCs,
of justice.
quasi-judicial agencies, instrumentalities, boards, or
commissions.
Since admin officers cannot resolve issues of law with finality,
appeal to higher admin authority is futile.
Narra Nickel Mining & Dev’t. Corp. v. Redmont When there is a pure question of law.
Consolidated Mines Corp., There is a question of law when doubt or
G.R. No. 202877, Dec. 9, 2015 difference arises as to what the law is on a
certain set of facts or when the issue does not
The cancellation is a mere exercise of a contractual right that is call for examination of the probative value of
purely administrative and should not be considered quasi- evidence presented, the truth or falsehood of
judicial in nature. facts being admitted.
Administrative remedies, when need not exhausted. Resolving questions of law entails its
interpretation and application. It thus
The doctrine of exhaustion of admin remedies is not a hard and constitutes essentially an exercise of judicial
fast rule. It is a mere procedural matter that may be set aside power exclusively allocated to the courts.
but only for exceptional circumstances and in the interest of
substantial justice. When there is a mixed question of fact and law.
But where challenge to a legality of a tax
ordinance likewise asks the court to
The doctrine does not apply where:
● Question in dispute is a purely legal one, determine whether the schedule of fair
● Controverted act is patently illegal or performed market value conform to the principle of
without or in excess of jurisdiction, actual use and, to compare old and new
● Respondent acted in disregard of due process or is a schedule of fair market values to know
department secretary whose acts as an alter ego of the whether updated schedule is exorbitant, it
involves questions that are not purely legal.
president bear his or her implied or assumed approval.
Likewise, it does not apply in:

● Instances indicating urgency of judicial intervention,
● Where insistence of its observance nullifies claim being
asserted, and
● Where the rule does not provide a plain, speedy and
adequate remedy.
ADMINISTRATIVE LAW
When there is irreparable injury.
Aala v. Uy
As a rule, a petition for certiorari cannot be entertained if the
G.R. No. 202781, Jan. 10, 2017
party in interest fails to avail of admin remedies over which
officials are most competent to pass upon matters that
It also raises a question of fact requiring evidence from
exclusively come within their jurisdiction.
persons who prepared it, to show the process and methods
used to arrive at the schedule of fair market values.
But exhaustion of admin remedies is not without exception nor
is it a condition precedent to judicial relief.
These are factual issues that need to be addressed to properly
dispose of the case.
It may be relaxed when its application causes great and
irreparable damage or injury that cannot otherwise be avoided
Hence, direct resort to courts, much more the Supreme Court
except by taking opportune appropriate action for certiorari.
that does not try facts, is not only premature but likewise cuts
short hierarchy of courts.
The doctrine of exhaustion does not apply if it appears the party
suffers irreparable damage and injury should he await final
action of the admin official concerned on the matter before
When there is a question of fact.
resorting to court action.
There is a question of fact when doubt or
difference arises as to truth or falsehood of
facts or when it becomes clear that the issue
When the respondent is a department secretary and
invites review of evidence presented, the
the rule of qualified political agency applies.
question is one of fact.
The doctrine is not applicable where respondent is a department
secretary whose acts, as an alter ego of the president, bear
As when the query invites calibration of the
implied or assumed approval of the latter, unless actually
whole body of evidence considering mainly
disapproved by him or her.
credibility of witnesses, existence and
relevance of specific surrounding
Instead, doctrine of qualified political agency applies where
circumstances as well as their relation to each
action of the secretary is presumed to bear implied sanction of
other and to the whole and the probability of
the president unless he or she disapproves it.
the situation.
But the doctrine of qualified political agency does not apply

It is the administrative agency with
to acts of executive department heads when they perform their
specialized knowledge on rules allegedly
duties as ex-officio members of various agencies or entities
violated that has jurisdiction before the courts
under the executive department. (in other words, the doctrine
step in to exercise review powers.
of exhaustion of admin remedies must be followed)
When administrative action is patently illegal.

Administrative (admin in short) remedies need not be exhausted Peñafrancia Shipping v. 168 Shipping Lines, Inc.
when the admin act sought nullified is patently illegal amounting G.R. No. 188952, Sept. 21, 2016
to lack or excess of jurisdiction.
When both executive and transportation secretaries act as
While there is a test to determine patent nullity based on members of the maritime industry authority board that denied
whether there exists a factual issue to be resolved to conclude application for certificate of public convenience, they do so in
illegality, it applies only where it involves highly technical their ex-officio capacity and not in their capacity as alter egos
matters that require special knowledge and expertise of the of the president.
proper admin agency to resolve.
As such, denial of application should still be applied to the
The patent nullity of such issuances justifies direct resort by the Office of the President to exhaust admin remedies.
terminated lawyer to the appeals court instead of assailing his
dismissal in the Civil Service Commission.
Since it is the law, not the president, that sat them in the board,
the doctrine of qualified political agency cannot be overstretched
When administrative agency is estopped.
to extend to their act of reorganizing the corporation. Delegation
When admin remedies are not exhausted, a case is
of power is not to be lightly inferred.
generally dismissible for lack of cause of action EXCEPT when
there is waiver or estoppel on the admin agency concerned.
When to require exhaustion is unreasonable.
The theory that a party must first exhaust remedies in the
Vda. de Tan v. Veterans Backpay Commission administrative branch before he seeks the strong arm of equity
G.R. No. L-12944, Mar. 30, 1959 must give way to the reality a government employee must
depend upon his salary to support himself and his family.
Such direct court action is justified where the commission is
estopped to invoke the doctrine of exhaustion of If he were to be deprived of it alone for a few months, possibly
administrative remedies. even less, it starves because more often than not, a government
employee lives hand-to-mouth existence.
ADMINISTRATIVE LAW
The doctrine also does not apply more so where parties
Therefore, were the dogmatic rule of exhaustion be made to themselves acknowledge the existence of an adequate and plain
mean the government employee should wait for the most final remedy still available and open them in the ordinary course of
admin decision in his case before he goes to court, the only the law.
logical result must be disaster to him and his dependents.
A party with an admin remedy must not merely initiate
Exactly why the rule of exhaustion has always been understood prescribed admin procedure to obtain relief but also pursue it to
to mean it furnished a plain, speedy and adequate remedy. its appropriate conclusion before seeking judicial intervention.
Cipriano v. Marcelino, The underlying principle of the rule on exhaustion rests that
G.R. No. L-27793, Feb. 28, 1972 when an admin body or grievance machinery is afforded a
chance to pass upon the matter, it decides the same correctly.
Requiring the record clerk to appeal to provincial treasurer,
finance secretary, auditor general all the way to the president to When there is urgency.
collect such a small amount is not only oppressive but patently The doctrine of exhaustion may be dispensed with when
unreasonable. circumstances indicate urgency of judicial intervention and
unreasonable delay greatly prejudices the complainant.
By the time the president decides her appeal, she would have,
in all likelihood, spent an amount higher than her total claim.
ANPC v. BIR
G.R. No. 228539, June 26, 2019
When observance of exhaustion nullifies claim.
When strict observance of exhaustion of admin remedies
Direct resort to the courts is justified by circumstances indicating
nullifies the claim, direct resort to court is justified.
urgency of judicial intervention.
When subject matter is private land. When the issue is mooted.

As settled in a number of decisions, the doctrine of exhaustion Admin remedies need not be exhausted when the issue
does not apply when the subject matter is a private land in land of their non-exhaustion has been mooted. Separate from
case proceedings. ripeness, one other concept pertaining to judicial review
intrinsically connected to it, is the concept of a case being moot
Once registered, the homestead granted to the patent applicant and academic.
loses character of a public land removed from the operation of
the doctrine.
KMU v. Aquino
G.R. No. 210500, April 2, 2019
Soto v. Jareno
G.R. No. 38962, Sept. 15, 1986 Both concepts relate to the timing of presentation of a
controversy before the court. Ripeness relates to its
The trial court has jurisdiction to amend civil status of registered prematurity; mootness relates to a belated or unnecessary
owner from widower to married in the certificate of title covering judgment on the issues.
homestead patent, without prior exhaustion admin remedies.
But even if the case itself is moot, courts may still acquire
When neither rule provides a plain, speedy and jurisdiction. For while generally, moot cases prevent actual case
adequate remedy nor law provide for administrative or controversy from becoming justiciable as courts cannot
remedy. render judgment after the issue is resolved by or through
Exhaustion of admin remedies is not a condition precedent to external developments thus precluding them from granting or
judicial relief. The principle may be disregarded to allow direct denying the relief prayed for, they may still decide cases
resort to court when rule does not provide plain, speedy and otherwise moot and academic, if:
adequate remedy or when no admin review is provided by law. A. The constitution is gravely violated;
B. If the character of situation is exceptional and involves
But where the law provides aggrieved taxpayers with mandatory paramount public interest;
remedy of appeal before the justice secretary to question C. When the constitutional issue raised requires the
constitutionality or legality of tax ordinances or revenue formulation of controlling principles to guide the bar,
measures, direct resort to court intervention is premature. the bench, and the public; and
D. If the case is capable of repetition yet evading review.
COA Special Audit Team v. CA
G.R. No. 174788, Apr. 11, 2013 NOTE:
The third exception relates to court power to promulgate rules
Justice delayed is justice denied but justice in haste is justice concerning protection and enforcement of constitutional rights,
defiled. pleading, practice and procedure in all courts that apply where
there is a clear need to clarify principles and processes to protect
rights.
ADMINISTRATIVE LAW
Premature invocation of court intervention vacates cause of
As regards to the rest of the exceptions however, all three action and is fatal, as it dismisses complaint for lack of cause of
circumstances must concur before the court rules on a moot action. But the deficiency is not jurisdictional.
issue. There must be an issue raising grave violation of the A long line of decisions holds that failure to exhaust admin
constitution involving an exceptional situation of paramount remedies does not affect court jurisdiction. It only deprives the
public interest that is capable of repetition yet evading review. complainant of a cause of action, which is a ground for motion
to dismiss. If not invoked at the proper time however, it is
When there is strong public interest. waived and the court cognizes the case and tries it.
Despite procedural flaws like disregard of court hierarchy and
non-exhaustion of admin remedies, the court deems it necessary When a decision of an admin agency is finalized without resort
to address issues involving public interest. to admin remedies, the party who failed to use them cannot
petition the appeals court for certiorari by mere general
It strengthens when a question relates to status and existence invocation of the doctrine of equity jurisdiction that relaxes strict
of a public office that must be settled without delay or relates to application of procedural rules where strong considerations of
validity of reorganization, its serious implications in civil service injustice are manifest.
administration and rights of public servants, which resolution is
needed to stabilize public service. Generally, the rules of procedure must be followed except only
when, for persuasive reasons, they may be relaxed to relieve
When the claim involved is small. litigant of an injustice commensurate with his failure to comply
Likewise applicable in this exception is the case of a with prescribed procedure.
retired record clerk who petitioned the court for mandamus to
compel the municipal treasure to pay her the amount of 949 Concomitant to liberal interpretation of procedural rules
pesos representing her four-monthly salary and accumulated however should be an effort by the party who invoked liberality
vacation and sick leave. to adequately explain his failure to abide by the rules.
Cipriano v. Marcelino, Sunville Timber Products, Inc. v. Abad

G.R. No. L-27793, Feb. 28, 1972 G.R. No. 85502, Feb. 24, 1992
Requiring the record clerk to appeal to provincial treasurer, Failure to invoke the doctrine of exhaustion waives the
finance secretary, auditor general all the way to the president to objection as a ground for motion to dismiss and the court
collect such a small amount is not only oppressive but patently may then proceed with the case as if the doctrine had been
unreasonable. observed.
Especially where she duly accomplished documents required to

support payment of her salary and cash commutation if her Lefebre v. A Brown Co., Inc.
unused sick and vacation leaves thus earning her the right to be G.R. No. 224973, Sept. 27, 2017
paid which the municipal treasurer is duty bound to honor.
The developer who did not appeal the decision of the housing
Otherwise, by the time the president decides her appeal, she board of commissioners to the president and instead
would have, in all likelihood, spent an amount higher than her petitioned the appeals court for certiorari clearly violated the
total claim. doctrine of exhaustion.
In quo warranto proceedings.

Lefebre v. A Brown Co., Inc.
While it may be desirable to resort to administrative
G.R. No. 224973, Sept. 27, 2017
remedies first, they neither precede nor bar institution of quo
warranto proceedings.
Equity jurisdiction cannot be had where the developer not
only failed to explain its failure to appeal the decision of the
Public interest requires the right to public office should be
housing board of commissioners to the president, there is also
determined as fast as possible.
no palpable reason to relax rules of procedure considering
that the board rendered a correct ruling.
Torres v. Quintos
G.R. No. L-3304, Apr. 5, 1951
c. Judicial review over exercise of administrative power.
Thus, he who claims the right to hold public office allegedly The courts may not interfere with purely administrative and
usurped by another by virtue of which he or she desires to seek discretionary function. In general, courts have no supervising
court redress, should directly file proper judicial action within power over proceedings and actions of government
one-year reglementary period. administrative departments.
This is generally true with respect to acts involving exercise of

judgment or discretion, and findings of fact. Judicial competence
Administrative remedies, effects of failure to exhaust.
is entrusted with determination of legal questions while
ADMINISTRATIVE LAW
administrative competence is limited to ascertain decisive facts Exceptions.
based on expertise. Generally, decisions of administrative officers are not distrubed
by the courts, except when they gravely abuse their discretion
or act without or in excess of their jurisdiction.
PCGG v. Peña
G.R. No. 77663, Apr. 12, 1988
Administrative decisions in matters within executive jurisdiction
may be set aside on proof of grave abuse of discretion, fraud or
When the commission on good government issues writ of
error of law.
sequestration to recover plundered wealth based on its finding
of a prima facie case, it is entitled to greatest respect and is
Likewise, judicial review is justified when there is denial of due
practically binding and conclusive like factual findings of trial and
process, mistake of law or fraud, collusion or arbitrary action if
appellate courts, except where it is patently arbitrary, capricious,
administrative proceedings where procedure leading to factual
or not supported by substantial evidence.
findings is irregular, commission of palpable errors, grave abuse
of discretion, arbitrariness or manifest capriciousness.
d. Judicial review over quasi-judicial decisions.

Final decisions of administrative agencies, effects of.
Upon finality, decisions and orders of administrative agencies
ERB v. CA rendered pursuant to their quasi-judicial authority have the force
G.R. No. 113079, April 20, 2001 and binding effect of a final judgment within the purview of res
judicata doctrine that forbids reopening of a matter once
When a court reviews an administrative decision, it respects, judicially determined by competent authority.
and does not disturb findings of fact by administrative agencies
as long as supported by substantial evidence, even if not Such prohibition applies to judicial and quasi-judicial acts of
overwhelming or preponderant. public, executive or administrative officers and boards acting
within their jurisdiction as to the judgment of courts having
It is not the task of an appellate court to weigh once more the general judicial powers.
evidence submitted before the administrative body and to
substitute its own judgment for that of the administrative
San Luis v. CA
agency in respect of sufficiency of evidence.
G.R. No. L-80160, June 26, 1989
It is not for the reviewing court to weigh conflicting evidence,

Where the decision of the office of the president reversing
determine credibility of witnesses, much less substitute
suspension of quarry superintendent and that of the merit
judgment of administrative agency or sufficiency of evidence.
systems board of the civil service commission reversing his
subsequent dismissal and ordering reinstatement had long
attained finality without the governor having taken any timely
Villaflor v. CA
legal recourse to have them reviewed by courts, it has become
G.R. No. 95694, Oct. 9, 1997
final and executory.
By reason of the special knowledge and expertise of

administrative agencies over matters falling under their Final decisions of administrative agencies,
jurisdiction, they are in a better position to pass judgment reviewability.
thereon. Their findings of fact in that regard are generally If warranted, decisions of administrative agencies are not
accorded great respect, if not finality by the courts. exempt from judicial review even if declared final by law, like
the civil code that validates any stipulations that arbitral award
or decision as final.
Galindez v. Firmalan
These laws are not absolute but subject to exceptions. The court
G.R. No. 187186, June 6, 2018
entertains petitions questioning these final decisions on grounds
of lack of jurisdiction, grave abuse of discretion, violation of due
This recognizes expertise and technical knowledge falling within
process, denial of substantial justice, or erroneous interruption
jurisdiction of administrative agency concerned, whee discretion
of law.
is not gravely abused.
As such, resolution may still be subject to judicial review even if

parties mutually agreed arbitral decision is final and
Gonzales v. CA unappealable and that no judicial recourse may be had if one of
G.R. No. 110335, June 18, 2001 them disagrees with it in whole or in part.
While this doctrine is not absolute, the supreme court may Due to the nature of their functions, however, voluntary
uphold the appeals court where petitioners have not sufficiently arbitrators act in a quasi-judicial capacity. Hence, their
proved its findings are totally devoid of support in the records judgment or order declared final by law are not exempt from
or that they are glaringly erroneous amounting to serious abuse judicial review when so warranted.
of discretion.
ADMINISTRATIVE LAW
In the same way.while the law declares final and unappealable maladministration; and to review and pass upon budget
the ombudsman decision to suspend for one month an erring proposals of such agencies but may not increase or add to them.
public officer, it may still be subject to judicial review if it fails
the test of arbitrariness, or upon proof of grave abuse of Exceptions.
discretion, fraud or error of law.
Sec. 38, Chap. VII, Book IV, E.O. 292
The proper remedy to reverse or modify an arbitral decision or Such authority shall not, however, extend to: (1) appointments
award is to appeal it before the appeals court under Rule 43 of and other personnel actions in accordance with the
the ROC on questions of law, of fact, mixed questions of fact decentralization of personnel functions under the Code, except
and law, or a mistake of judgment. when appeal is made from an action of the appointing authority,
in which case the appeal shall be initially sent to the department
In several cases however, the SC allowed filing of petition for or its equivalent, subject to appeal in accordance with law; (2)
certiorari from judgment of voluntary arbitrators to the appeals contracts entered into by the agency in the pursuit of its
court under Rule 65 where the voluntary arbitrator was alleged objectives, the review of which and other procedures related
to have gravely abused his discretion amounting to lack or thereto shall be governed by appropriate laws, rules and
excess of jurisdiction. regulations; and (3) the power to review, reverse, revise, or
modify the decisions of regulatory agencies in the exercise of
Final arbitral award, mode of review. their regulatory or quasi-judicial functions; and
Administrative relationships (c) Unless a different meaning is explicitly provided in the

specific law governing the relationship of particular agencies, the
Sec. 38, Chap. VII, Book IV, E.O. 292
word “supervision” shall encompass administrative supervision
Unless otherwise expressly stated in the administrative code or
as defined in this paragraph
in other laws defining special relationships of particular
agencies, administrative relationship categorizes into
supervision and control, administrative supervision, and
attachment. Attachment, defined.
This refers to the lateral relationship between the department
or its equivalent and the attached agency or corporation for
Administrative relationship, categorized. purposes of policy and program coordination. The coordination
may be accomplished by having the department represented in
Supervision and control, defined. the governing board of the attached agency or corporation,
either as chairman or as a member, with or without voting
Sec. 38, Chap. VII, Book IV, E.O. 292 rights, if this is permitted by the charter; having the attached
corporation or agency comply with a system of periodic
(1) Supervision and Control.—Supervision and control shall reporting which shall reflect the progress of programs and
include authority to act directly whenever a specific function is projects; and having the department or its equivalent provide
entrusted by law or regulation to a subordinate; direct the general policies through its representative in the board, which
performance of duty; restrain the commission of acts; review, shall serve as the framework for the internal policies of the
approve, reverse or modify acts and decisions of subordinate attached corporation or agency
officials or units; determine priorities in the execution of plans
and programs; and prescribe standards, guidelines, plans and Chap. 6, Title VII, Book IV, E.O. 292
programs. Unless a different meaning is explicitly provided in Among others, overseas employment administration and labor
the specific law governing the relationship of particular agencies, relations commission are agencies attached to labor and
the word “control” shall encompass supervision and control as employment department for policy and program coordination
defined in this paragraph. and administrative supervision.
Administrative supervision, defined. The irrigation administration and the water resources council,
Sec. 38, Chap. VII, Book IV, E.O. 292 among others, continue to be attached to the public works and
highways department. Among others, the insurance commission
Administrative supervision which shall govern the administrative and the central board of assessment appeals are attached to the
relationship between a department or its equivalent and finance department.
regulatory agencies or other agencies as may be provided by
law, shall be limited to the authority of the department or its Beja Sr. v. CA
equivalent to generally oversee the operations of such agencies G.R. No. 97149, Mar. 31, 1992
and to insure that they are managed effectively, efficiently and
economically but without interference with day-to-day activities; An attached agency has a larger measure of independence from
or require the submission of reports and cause the conduct of the department to which it attaches than one under department
management audit, performance evaluation and inspection to to which it attaches than one under departmental supervision
determine compliance with policies, standards and guidelines of and control or administrative supervision. This is borne out by
the department; to take such action as may be necessary for the lateral relationship between the department and the
the proper performance of official functions, including attached agency. The attachment is merely for policy and
rectification of violations, abuses and other forms of program coordination.
ADMINISTRATIVE LAW
With respect to administrative matters, independence of an

attached agency from departmental control and supervision is
further reinforced by the fact that even an agency under a
department’s supervision is free from departmental interference
with respect to appointments and other personnel actions in
accordance with the decentralization of personnel functions
under the administrative code.
Eugenio v. CSC
G.R. No. 115863, Mar. 31, 1995
The attachment does not negate essential autonomous

character of the board hence, the commission is without
authority to abolish it.
Peñafrancia Shipping Corp. v. 168 Shipping Lines, Inc.

G.R. No. 188952, Sept. 21, 2016
The decision of an attached agency in the exercise of its quasi-

judicial function is not subject to review by the department to
which it is attached. Since the transportation secretary does not
have power to supervise and control the maritime industry
authority because it is an agency merely attached to the
transportation and communication department, he cannot
review the decision of its board denying application for issuance
of certificate of public convenience.
But even then, the assailed decision from the maritime industry
authority should still be appealed to the office of the president
because law on domestic shipping does not provide for appeal
procedure.
Matters of day-to-day administration or all those pertaining to

internal operations are left to the discretion of judgment of the
executive officer of the agency or corporation.
In the event the secretary and the head of the board or the
attached agency or corporation strongly disagree on
interpretation and application of policies, and the secretary is
unable to resolve the disagreement, he brings the matter to the
president for resolution and discretion.
ADMINISTRATIVE LAW
CHAPTER V－ABOLITION OF ADMINISTRATIVE Express abolition.
AGENCIES
NALTDRA v. CSC
Administrative agency, who abolishes. G.R. No. L-84301, Apr. 7, 1993
Abolition by Congress. But where executive order that reorganized the land registration
Generally, the power to abolish public office is lodged with commission into the national land titles and deeds registration
congress as power to create includes power to destroy. Since a administration expressly provides that its structural units and
public office is either created by constitution, by statute or by positions shall cease to exist and that their pertinent functions,
authority of law, it may be abolished by the same congress that applicable appropriations, records, equipment and property be
brought it to life, except where the office is constitutionally transferred to appropriate staff or offices created, all positions
created. are deemed inexistent and abolished.
Congress may abolish any office it creates without impairing Abolition by reorganization.
security of tenure. It may be exercised for various reasons such Canonizado v. Aguirre
as lack of funds or in the interest of the economy. G.R. No. 133132, Jan. 25, 2000
Abolition by the President. Reorganization takes place when it alters existing structure of
An appropriation law provides that unless otherwise created by government offices and units in it, including lines of control,
law or directed by the president, no organizational unit or authority and responsibility between them. It reduces personnel,
changes in key positions in any department or agency is consolidates or abolishes offices by reason of economy or
authorized in their respective organization structures and be redundancy of functions.
funded from appropriations law.
This provision evidently shows the president is authorized to Consequently, an occupant loses position through removal or
reorganize, including creation of offices in the department or abolition of office. But without bona fide reorganization, a
agency within executive branch pursuant to his power to scale provision that expires term of office of incumbents amounts to
down and phase out activities within it, directing heads of removal of civil service employees without legal cause and is
departments, bureaus and offices and agencies to identify their constitutionally infirm. To validate reorganization thus, it must
respective activities that are no longer essential to deliver public pass the test of good faith.
services and which may be scaled down, phased out or
abolished, subject to civil service rules and regulations. Reorganization, when in good faith.
Reorganization is valid provided it is pursued in good faith. It is
The actual scaling down, phasing out or abolition of activities is generally carried out in good faith if intended to economize or
effectuated by circulars or orders issued for the purpose by the designed to trim fat off bureaucracy and institute economy and
office of the president. The administrative code grants residual greater efficiency in its operation. In which case, no occupant is
powers to exercise such other powers and functions vested in dismissed or separated because the office itself ceases to exist.
the President which are provided for under the laws.
Economy, evidence of.
Administrative agency, how abolished.
It must be done in good faith, not for political or personal DOTC Secretary v. Mabalot
reasons, much less circumvent constitutional security of tenure G.R. No. 138200, Feb. 27, 2002
of civil service employees. It connotes intention to do away with
the office wholly and permanently. When the president taps the regional office of the transportation
department to function as a land transportation franchising
But abolishing an office is not the same as declaring it vacant. regulatory board pending its eventual creation in the Cordillera
While it is undoubtedly legislative prerogative to abolish certain administrative region, it economizes manpower and resource
offices, it cannot be conceded the power to simply announce requirements and reduces expenses from limited government
those offices vacant, effectively removing its occupants from resources.
civil service. It infringes constitutional guarantee of security of
tenure.
Buklod ng Kawaning EIIB v. Executive Secretary
Implied abolition.
G.R. Nos. 142801-802, July 10, 2001
Canonizado v. Aguirre When deactivated bureau was given annual budget ranging
G.R. No. 133132, Jan. 25, 2000 from 128 to 238 million pesos for four years, the 50 million pesos
allocated to the task force that replaced it evidences economy.
A subsequent law does not impliedly abolish an office where
there is no irreconcilable inconsistency in the nature, duties
and functions between the old and new rules.
ADMINISTRATIVE LAW
(e) Where removal violates order of separation. When
Pichay v. ODESLA
reorganization separates personnel, the following order
G.R. No. 196425, July 24, 2012
of removal is followed:
Casual employees with less than 5 years
Likewise, the anti-graft commission that was initially
government service, casual employees with 5
appropriated with 22 million pesos was abolished in good faith
years or more government service,
as the government economized when its functions were
employees holding temporary appointments,
subsequently transferred to the office of the deputy executive
and those holding permanent appointments.
secretary for legal affairs without any separate or added funding
of such considerable amount.
Provided, that those in the same category as
enumerated above, who are least qualified in terms of
Greater efficiency, evidence of. performance and merit shall be laid first, length of
service notwithstanding.
De la Llana v. Alba
G.R. No. L-57883, Mar. 12, 1982
No new employees are taken in until all permanent
officers and employees have been appointed, including
Good faith characterizes enactment of a law reorganizing the
temporary and casual employees who possess
judiciary resulting in separation from service of inferior court
necessary qualification requirements, among which is
justices and judges when from its inception, an executive
the appropriate civil service eligibility for permanent
order created presidential committee to formulate judicial
appointment to positions in approved staffing pattern,
reorganization plans.
in case there are still positions to be filled, unless such
positions are policy-determining, primarily confidential
It reported an urgent need for institutional reforms by
or highly technical in nature.
reallocating jurisdiction and revising procedure to ensure
greater efficiency in disposition of cases so the poorest and
But this preference for old employees only means they
the humblest may vindicate their rights in an expeditious and
should be considered first, not automatically
inexpensive manner.
appointed. The law does not preclude infusion of new
blood, younger dynamism, or necessary talents into
Upon referral to the justice committee, it amended the bill
government service, provided acts of appointing
following public hearings that consisted of dialogue with
authority are bona fide for the best interest of public
distinguished members of the bench and bar that submitted
service and the person chosen is qualified.
written proposals.
Abolition by legislative reorganization.

These and more manifest it took considerable time and effort
Secs. 1 and 2, Art. VIII, 1987 Constitution
as well as exhaustive study before it became a law, negating
allegations its enactment is tainted by vice of arbitrariness.
Section 1. The judicial power shall be vested in one Supreme

Reorganization, when in bad faith. Court and in such lower courts as may be established by law.
Reorganization resulting in abolition is in bad faith if motivated
by politics or purposely to defeat security of tenure. No valid Judicial power includes the duty of the courts of justice to settle
abolition takes place, and any abolition done is void ab initio. actual controversies involving rights, which are legally
demandable and enforceable, and to determine whether or not
Abolition is invalid if reorganization merely changes there has been a grave abuse of discretion amounting to lack or
nomenclature of positions or where claims of economy are excess of jurisdiction on the part of any branch or
belied by existence of ample funds or when one office is instrumentality of the Government.
abolished and replaced with another vested with similar
Section 2. The Congress shall have the power to define,
functions, abolition is a legal nullity.
prescribe, and apportion the jurisdiction of the various courts
but may not deprive the Supreme Court of its jurisdiction over
Badges of bad faith.
cases enumerated in Section 5 hereof.
Any of these circumstances evidence bad faith in
reorganization resulting in removal of civil service No law shall be passed reorganizing the Judiciary when it
employees: undermines the security of tenure of its Members.
(a) Where number of positions significantly increased
in the new staffing pattern of the department or agency Sec 5, Art. VIII, 1987 Constitution
concerned
(b) Where an office is abolished and another Section 5. The Supreme Court shall have the following powers:
performing substantially same functions is created
(1) Exercise original jurisdiction over cases affecting
(c) Where incumbents are replaced by those less
ambassadors, other public ministers and consuls, and over
qualified in terms of status of appointment,
petitions for certiorari, prohibition, mandamus, quo warranto,
performance and merit
and habeas corpus.
(d) Where there is classification of offices in the
department or agency concerned and the reclassified
offices perform substantially the same functions as the
original offices
ADMINISTRATIVE LAW
(2) Review, revise, reverse, modify, or affirm on appeal or The congressional authority to create courts also
certiorari, as the law or the Rules of Court may provide, final includes authority to abolish them. But congress may
judgments and orders of lower courts in: not use its power to abolish courts as a subterfuge to
remove unwanted judges.
(a) All cases in which the constitutionality or validity of
any treaty, international or executive agreement, law, The 1987 constitution prohibits congress from passing
presidential decree, proclamation, order, instruction, a law reorganizing the judiciary when it undermines
ordinance, or regulation is in question. security of tenure of its members. This may be a new
constitutional provision, but the doctrine is not.
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
For ultimately, whether reorganization violates security
thereto.
of tenure is a matter to be decided by the SC on a per
(c) All cases in which the jurisdiction of any lower court case basis. It is not intended to be a blanket prohibition
is in issue. of reorganization.
(d) All criminal cases in which the penalty imposed is In a case decided under the 1973 constitution, the SC
reclusion perpetua or higher. upheld legislative authority to reorganize the judiciary
resulting in removal of incumbent lower court justices
(e) All cases in which only an error or question of law and judges.
is involved.
While termination of occupants necessarily results from
(3) Assign temporarily judges of lower courts to other stations
abolition, the power to remove them for cause remains
as public interest may require. Such temporary assignment shall
vested in the SC. Neither does it intrude into the power
not exceed six months without the consent of the judge
to appoint to positions vacated by reorganization, it
concerned.
remains in the hands of the president to whom it
properly belongs.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
Constitutionalism assures that neither agency is
(5) Promulgate rules concerning the protection and enforcement precluded from acting within boundaries of its
of constitutional rights, pleading, practice, and procedure in all conceded competence. The SC cannot avoid the task
courts, the admission to the practice of law, the integrated bar, of reconciliation whenever several constitutional
and legal assistance to the underprivileged. Such rules shall provisions seemingly conflict with each other.
provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same Abolition by executive reorganization.
grade, and shall not diminish, increase, or modify substantive As a general rule, the power to abolish an office is lodged with
rights. Rules of procedure of special courts and quasi-judicial congress. But the constitution empowers the president to
bodies shall remain effective unless disapproved by the Supreme control all executive departments, bureaus, and offices.
Court.
As far as bureaus, agencies or offices in the executive
(6) Appoint all officials and employees of the Judiciary in department are concerned thus, the president’s power of control
accordance with the Civil Service Law. justifies him to inactivate the functions of a particular office.
Bernas, S.J., The Constitution of the Republic of Deactivation and abolition are both reorganization measures. To
the Philippines: A Commentary, 1996 Ed., pp.. deactivate means to render inactive, ineffective or break up by
840, 845 discharging or reassigning personnel, while to abolish means to
annul, abrogate or destroy completely, and essentially denotes
Also, congress is prohibited from depriving the SC of
intent to get rid of the office wholly and permanently. In
these auxiliary administrative powers:
abolition, the office ceases to exist whereas in deactivation, it
When it temporarily assigns judges
continues to exist, albeit remaining dormant or inoperative.
of lower courts to other stations as public
interest may require, not exceeding six
Presidential power to reorganize the Executive Branch.
months without consent of the judge
Buklod ng Kawaning EIIB v. Executive Secretary
concerned.
G.R. Nos. 142801-802, July 10, 2001
When it promulgates rules
concerning protection and enforcement of
Or certain laws may broadly authorize the president to carry out
constitutional rights, pleading, practice, and
reorganization measures. An appropriation law provides hat
procedure in all courts, admission to the
unless otherwise created by law or directed by the president, no
practice of law, the integrated bar, and legal
organizational unit or changes in key positions in any
assistance to the underprivileged.
department or agency shall be authorized in their respective
Or when it appoints all officials and
organization structures and be funded from appropriations law.
employees of the judiciary in accordance with
This evidently shows the president is authorized to reorganize
civil service law.
including creation of offices in the department or agency within
the executive branch.
ADMINISTRATIVE LAW
Power to reorganize offices outside the Office of the
The president is authorized to reorganize any department or President Proper.
agency within the executive branch pursuant to his power to Bagaoisan v. NTA
scale it down and phase out its activities, directing heads of G.R. No. 152845, Aug. 5, 2003
department, bureaus, offices and agencies to identify their
respective activities that are no longer essential to deliver public Pursuant to such continuing authority, the president may
services and which may be scaled down, phased out or transfer any function under the office of the president to any
abolished, subject to civil service rules and regulations. The other department or agency and vice versa, and transfer any
actual scaling down, phasing out or abolition of activities is agency under the office of the president to any other
effectuated by circulars or order issued for the purpose by the department or agency and vice vera.
office of the president.
Power to reorganize Office of the President and Office
The administrative code grants residual powers to exercise such of the President Proper, distinguished.
other powers and functions vested in the President which are Sec. 31 of the Administrative Code sanctions following actions
provided for under the laws. An earlier case refers to such laws the president may undertake to achieve simplicity, economy and
as the presidential decrees expressly granting the president efficiency.
continuing authority to reorganize the national government, (1) Restructure internal organization of the office of the
which includes power to group, consolidate bureaus and president proper, including immediate offices, the
agencies, abolish offices, transfer functions, create and classify presidential special assistants or advisers system and
functions, services and activities and standardize salaries and common staff support system, by abolishing ,
materials. consolidating, merging their units or transferring
functions from one unit to another.
Presidential power to reorganize the Office of the (2) Transfer any function under the office of the
President. president to any other department or agency as well as
The nerve center of the Executive Branch. transfer functions to the office of the president from
other departments and agencies, and
Pichay v. Odesla (3) Transfer any agency under the office of the
G.R. No. 196425, July 24, 2012 president to any other department or agency as well as
transfer agencies to the office of the president from
The administrative code expressly grants the president other departments or agencies.
continuing authority to reorganize administrative structure of The presidential power to reorganize office of the president is
the office of the president subject to policy in the executive distinct from presidential power to reorganize office of the
office to achieve simplicity, economy and efficiency. president proper.
To remain effective and efficient, the office of the president When it involves internal structure of the office of the president
must be capable of being shaped and reshaped by its occupant proper, the president is given a virtual freehand to take actions
in the manner he or she deems fit to carry out his or her as extreme as abolition, consolidation or merger of units and the
directives and policies. After all, the office of the president is the less drastic move to transfer functions and offices from one unit
command post of the president. For this purpose, he or she may to another. Whereas presidential power to reorganize offices
transfer functions of other departments of agencies to his or her outside office of the president to departments or agencies and
office. vice versa.
Presidential power to reorganize the Office of the The distinction between allowable organizational actions under
President Proper. Sec. 31(1) on one hand and Sec 31(2) nd (3) on the other is
Bagaoisan v. NTA crucial. It affects security of tenure and touches on validity of
G.R. No. 152845, Aug. 5, 2003 reorganization, that is, whether executive actions undertaken
fall within limitations prescribed by the administrative code.
The administrative code grants the president continuing
authority to reorganize the office of the president proper. He or Administrative agency, effect of expiration.
she may restructure its internal organization, including its Cebu United Enterprises v. Gallofin
immediate offices, presidential special assistants or advisers G.R. No. L-12859, Nov. 18, 1959
system and the common staff support system by abolishing,
consolidating or merging its units or transferring functions from Although the law creating import control commission already
one unit to another. expired, its duly executed acts can have valid effects even
beyond its life span.
It contemplates reorganization as limited by these functional
and structural lines- restructuring internal organization of the Administrative agency, effect of conversion.
office of the president proper by abolishing, consolidating or Crisostomo v. CA
merging its units or transferring functions from unit to another, G.R. No. 106296, July 5, 1996
transferring any function or agency from the office of the
president to any other department or agency or vice versa. Without an express declaration of intent to abolish, a
presidential decree that converted the college of commerce into
the polytechnic university does not abolish the former. It did not
ADMINISTRATIVE LAW
change its corporate life, but status of the educational institution
hence the expansion of its curricular offering and changes in its
name, structure and organization.
Even if the converting decree ordered lands, buildings and

equipment owned by the college of commerce stand transferred
to the polytechnic university, it does not impliedly abolish. The
phrase stand transferred, as opposed to the word transferred,
means lands owned by the former college are transferred to the
university under its new name.

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ADMINISTRATIVE LAW

ATTY. FERDINAND G.S. GUJILDE | EH 302 | FINALS NOTES | A.Y. 2020-2021

Administrative law, sources. Administrative agency, defined.

Instrumentality, defined. URDH Inc. v. CLSP

Solid Homes Inc. v. Payawal

As a result of the growing complexity of modern society, it has

Statutes conferring powers on their administrative agencies

In this era of clogged court dockets, the need for specialized

SEC. 1. Qualifications of nominees. A party-list nominee

The Presidential Electoral Tribunal. Separation of powers.

Section 4. The Constitutional Commissions shall appoint their

Investigatory and inquisitorial powers Oriondo v. CA

Fernando v. COA CSC Power to administer civil service.

Oriondo v. COA How the corporation was created determines whether

Fernando v. COA Maglalang v. Pagcor

The civil service commission merely checks whether Gallardo v Tabamo

The Commission on Elections. Doubtless, if its rule-making power is made to depend on

Flores v Comelec Santos v Comelec

In a disqualification case, it can still inquire whether a candidate Kilosbayan v. Comelec

It may cognize an administrative case involving performance of Sulit v. Ochoa

Fiscal autonomy. Sec. 13, Art. XI, 1987 Constitution

Ombudsman Powers and functions.

Marquez v. Desierto A prosecutor who was directed by the ombudsman to file

Ombudsman v. Beltran It includes cabinet members and key executive officers

The broad investigative and disciplinary power of the

Ledesma v. CA Bautista v. Salonga

The word “recommend” when taken in conjunction Human rights, defined.

Sec. 2(c), E.O. 163, s. of 1987

Sec. 16, Art. VII, 1987 Constitution

Example: It cannot thus order the mayor to desist from

Power to grant immunity.

Power to request assistance.

The constitution mandates creation of autonomous regions on

The organic act defines basic structure of government for the

Do not include: ● Chief minister heads the Bangsamoro government

Dissolution. Province, identified.

Three Kinds of Cities: National government delegates administrative powers

Sec. 25, Art.II, 1987 Constitution

(2) All ministries and national offices having to do with local

Prov. of Batangas v. Romulo

Composition, qualifications and appointment Composition and appointment

d. Creation by authority of Law

● But the audit commission disallowed a substantial

The provision on liberal construction of rules in the interest of

Quasi-legislative power, limitations.

It is dictated by increasing complexity of government tasks and

Subordinate legislation, forms of.

The administrative code implores public participation. If not CIR v. CA,

Eastern Shipping Lines, Inc. v. Poea

Facts: A Chief Officer of a ship was killed in an accident in People v. Vera

All that is delegated to the commission is administrative function

Sufficient standard, defined.

The regulation is required to be:

Germane to the purpose of the law.

That is why even if corporation taxpayer was assessed income

Replacing it with a three-year reprieve after a woman is

It infringes on the right of examinees to liberty and violates

Notice and hearing are not essential when an administrative

An administrative order banning bicycle, tricycle, pedicab, Pboap v. Dole