Documente Academic
Documente Profesional
Documente Cultură
Legislative supervision
Macalintal vs COMELEC
If an oversight committee is created and the oversight committee will amend, revise, revoke or
change the rules, it is INVALID. What it did not say "What if the work is review?"
In Rodolfo Manzano
Strict interpretation of SEPARATION OF POWERS. Justices, Judges, members of the Judiciary
cannot sit in administrative bodies and the Supreme Court said that body created by a local
government unit is that an administrative body?
Republic vs CA
Definition of an Administrative Agency (NOT INCLUDED)
Eugenio vs CSC
The Power to create and abolish an Administrative Agency rests in Congress
Exception to the rule Section 31
In relation to Sections 22-23 Book III. The continuing power of the President to reorganize the
Office of the President
3 Gradations
a) The Office of the President Proper - abolish, merge, consolidate
Q: What is the difference of merge and consolidate?
MERGE-
CONSOLIDATE-
b) Office of the President - transfer of functions, transfer of agencies from the Office of the
President to any other department of the Executive Branch
Q: Which is bigger? Office of the President or the Executive Branch?
the Executive Branch, the Office of the President is only one agency within the Executive Branch
although we have one Executive and that is the President
Ople vs Torres
What is Administrative Power?
If the concern is our rights and obligations, especially competitive rights, proper subject of a
law, not of a rule and not of an Administrative Order
Pichay vs Office of the Executive Secretary
Section 31
Biarago vs NTC
The President can create public offices especially investigatory bodies but it CANNOT create an
Administrative Agency nor can it reorganize the Office of the President nor can it create an
office which is not there in the first place. Reorganization simply means alteration of an existing
strategy.
NAPOLCRO?? of Administrative Action
Only one President
Basis Article 7.1 of the 1987 Constitution
Basis for Control
Article 17.7 Sentence 1 of the Constitution
The President has control over
Sentence 2 Execution of the laws
Marcos vs Manglapus
What is Executive Power?
Power that includes but is not limited to the Power to implement the laws
Philippine Association of Service Exporters
Clashed between (2) two Executive issuances
LOI trumps an Executive Order because they are both Executive Issuances
Carpio vs Executive Secretary
The President has control over all Executive Departments, Bureaus and Offices from the Heads
of the Departments down to the lowliest work
Moran vs OP
Control is limited by the Constitution and Judicial Decisions. It is NOT absolute.
Mondano vs Silvosa
Difference between Control and Supervision
Control - you can substitute your judgment
Supervision - make sure the subordinate is performing his functions within his mandate
Angeles vs Gaite
Doctrine of Qualified Political Agency as a temper of control
The heads of the departments are acting for and in behalf of the President, but their actions are
the actions of the President presumptively (giving grounds for the inference of a fact or of the
appropriate interpretation of the law.)