NATURE AND ORGANIZATION OF ADMINISTRATIVE AGENCIES

NATURE OF ADMINISTRATIVE AGENCIES

An administrative agency is an organ of government entrusted with the task of

enacting specific rules and regulations to effectuate the purpose of the statute creating it.
Its functions and powers are quasi-legislative or quasi-judicial or in some instances, its
acts as an agent of the executive branch of the government, in which case, it is entrusted
with the duty to exercise executive and administrative function,

ADMINISTRATIVE AGENCY OR BODY AND COURT DISTINGUISHED.

1. An administrative body is generally a large organization staffed by men who are

deemed to become something of experts in their particular fields, while a court is
a tribunal which is presided by one or more jurist learned in law.
2. The administrative body performs a variety of functions, while the courts has only
one function – judicial
3. The administrative body uses a varying degree of discretion in arriving at decisions
and often proceeds without being bound by technical rules of evidence or
procedure, while the courts is more or less governed by fix rules in arriving at its
decision and bound by the rules that no final adjudication is to be made until after
due notice to the parties with opportunity for a full and fair hearing.

TWO PRINCIPAL POWERS AND FUNCTIONS OF ADMINSTRATIVE AGENCIES

1. Rule-making power or quasi-legislative function.

2. Power of adjudication or quasi-judicial function

ADMINISTRATIVE BODIES CREATED AND ESTABLISHED

Administrative agencies may be created by;

1. The Constitution
2. The Legislature in legislative enactments or
3. By Authority of law
LEGISLATURE EXERCISE CONTROL OVER ADMINISTRATIVE AGENCIES

The legislative branch of government enacts the law that creates an administrative
agency;

1. It prescribes the mode of appointment the term of office and the compensation
2. It fixes its authority and procedure
3. It determines the size of its personnel and staff
4. It exercises continuing surveillance over its activities
5. It may investigate its operations for remedial/corrective legislation

POWERS AND FUNCTIONS OF DEPARTMENT SECRETARY

The Secretary shall:

(1) Advise the President in issuing executive orders, regulations, proclamations and other
issuances, the promulgation of which is expressly vested by law in the President relative
to matters under the jurisdiction of the Department;

(2) Establish the policies and standards for the operation of the Department pursuant to
the approved programs of governments;

(3) Promulgate rules and regulations necessary to carry out department objectives,
policies, functions, plans, programs and projects;

(4) Promulgate administrative issuances necessary for the efficient administration of the
offices under the Secretary and for proper execution of the laws relative thereto. These
issuances shall not prescribe penalties for their violation, except when expressly
authorized by law;

(5) Exercise disciplinary powers over officers and employees under the Secretary in
accordance with law, including their investigation and the designation of a committee or
officer to conduct such investigation;

(6) Appoint all officers and employees of the Department except those whose
appointments are vested in the President or in some other appointing authority. Where
the Department is regionalized on a department-wide basis, the Secretary shall appoint
employees to positions in the second level in the regional offices as defined in the
Administrative Code;
(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the
Department as provided by law and in accordance with the applicable relationships as
specified in Chapters 7, 8, and 9 of Book IV of the Code (infra.);

(8) Delegate authority to officers and employees under the Secretary's direction in
accordance with the Code; and

(9) Perform such other functions as may be provided by law.