philippine administrative powers of lower executive officers

8/12/2019 Philippine Administrative Powers of Lower Executive Officers

1/29


2/29

Concepts to remember..

Power of control The power of an officer toalter, modify, nullify or set aside what asubordinate officer had done in the performance

of his duties.

Supervision means overseeing or the power orauthority of an officer to see that theirsubordinate officers perform their duties


3/29

Review is a reconsideration orreexamination for purposes of correction


4/29

Supervision and control.

Under the 1987 administrative code, sec38 [1] Book IV, supervision and controlinclude only the authority to:

Act directly whenever specific function isentrusted by law or regulation to asubordinate.


5/29

Direct the performance of duty; restraincommission of acts.

Review, approve, reverse, or modify acts and

decisions of subordinate officials or units. Determine priorities in the execution of plans

and programs

Prescribe standards, guidelines, plans andprograms


6/29

Administrative supervision

Sec 38 [2] a book IV Governs the administrative relationship between

a department or its equivalent and regulatoryagencies as maybe limited to the authority or its

equivalent to generally oversee the operations ofsuch agencies and to insure they are managed:

Effectively

Efficiently

Economically


7/29

Require the submission of reports and cause

the conduct of:

Management Audit

Performance Evaluation and inspection

Determine compliance with policies,standards and guidelines

Take action as maybe necessary forproper performance of official functions


8/29

Limitations.

Sec 38 [2] b book IV

Such authority shall not however extend to: Appointments and other personnel actions in accordance

with the decentralization of personnel functions under

the Code,

except appeal is made from an action of the appointingauthority, in which case the appeal shall be initially sent

to the department or its equivalent, subject to appeal inaccordance with law.


9/29

Contracts entered into by the agency inthe pursuit of its objectives,

the review of which and other proceduresrelated thereto shall be governed byappropriate laws, rules and regulations


10/29

The power to review, reverse, revise, ormodify the decisions of regulatoryagencies

in the exercise of their regulatory or quasi-judicial functions


11/29

Sec 38 [2] c

Unless a different meaning is explicitly provided inthe specific law governing the relationship ofparticular agencies, the word supervision shall

encompass administrative supervision asdefined in this paragraph


12/29

Line Bureau Authority

Line bureaus of a department shall exercise

supervision and control over their regional andother field offices.

They shall be directly responsible for thedevelopment and implementation of plans and

programs within their respective functionalspecializations; and


13/29

(2) The regional and other field offices shall constitutethe operating arms of the bureau concerned for thedirect implementation of the plans and programs drawnup in accordance with approved policies and standards.

As counterparts of the bureau in the region, they shallundertake bureau operations within their respectivejurisdictions, and be directly responsible to their bureau

director.


14/29

Illustration

The secretary of justice in his exercise of hispower of direct control and supervisionmay affirm, nullify, reverse, or modify

rulings of prosecutors to file information ordismiss criminal complaints lodged withthem for preliminary investigation


15/29

Review by the secretary of justice as an act ofsupervision and control finds basis in thedoctrine of exhaustion of administrative

remedies which holds that mistakes, abuses ornegligence committed in the initial steps ofadministrative activity should be corrected byhigher administrative authorities and not filed

directly to courts.


16/29

Case

Drilon v. Lim 235 SCRA 135 1994

Then Secretary of Justice, pursuant to the authority granted uponhim by Section 187 of the LGC and upon appeal of concernedparties, declared the Manila Revenue Code null and void for non-compliance with the prescribed procedure in the enactment of localtax ordinances and for containing provisions contrary to law and

public policy.

Upon appeal to the RTC, the trial judge reversed the order ofpetitioner and, in addition, declared Section 187 of the LGCunconstitutional as it gave the Secretary of Justice the power ofcontrol over local governments in violation of the principle of localautonomy mandated by the Constitution. The RTC ruled that theExecutive only had the power of supervision and notcontrol.


17/29


18/29

Held:

The SC overruled the trial court insofar as it declaredSection 187 unconstitutional. The power of controlencompasses the power to lay down the rules inthe accomplishment of an act. If they are notfollowed, the one in control may order the actdone, re-done, or do it himself. On the other hand,the power to supervise only entails a determination of

WON the rules were followed and to have the work doneor re-done in accordance with the prescribed rules.


19/29

Contrary to the holding of the lower court, the SC saidthat the provision only gave the Secretary ofJustice the power to supervise, not control, inthat the Secretary of Justice could only determine

the constitutionality or legality of the local taxordinance and revoke them on such grounds. Theprovision did not empower the Secretary tosubstitute his own judgment for the judgment of

the LGU; the Secretary was not authorized by Section187 to determine whether the law was wise orreasonable or otherwise a generally bad law. He wasgiven no discretion in the matter.


20/29

Sichago vs. Board of Commissioners of

Immigration 94 SCRA 61

Where the law confers upon a department secretarysupervision and control over subordinate officers , thedepartment head can modify, nullify, or set aside thedecision of the subordinate officer can even directly

exercise the powers granted to the latter.


21/29

Corona Vs. CA 214 SCRA 378

The department secretarys supervision and controloverall bureaus and offices under his jurisdiction islimited to the bureaus and officers under him but doesnot extend to agencies attached to the department.

Attachment for administrative purposes refers to thelateral relationship between the department and theattached agency for purposes of policy and program

coordination .


22/29


23/29

Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng

Bagong Mailihang Bayan ng Muntinlupa, Inc. vs.

Dominguez

205 SCRA 92

Does the secretary of agriculture have the

power to control supervision by taking over themanagement of a cooperative and removing all

itsdirectors, even when its by-laws provide thatthey can only be removed by a majority of itsmembers, under the secretarysregulatoryandsupervisory powersprovided by law?


24/29

Ruling: NO

An administrative officer has only such powers as areexpressly granted to him and those necessarily implied

in the exercise thereof. These powers should not beextended by implication beyond what may to necessaryfor their just and reasonable execution.


25/29

Supervision and control include only the authority to: (a) act directlywhenever a specific function is entrusted by law or regulation to asubordinate; (b) direct the performance of duty; restrain the commission ofacts; (c) review, approve, reverse or modify acts and decisions ofsubordinate officials or

units; (d) determine priorities in the execution of plans and programs; and(e) prescribe standards, guidelines, plans and programs. Specifically,administrative supervision is limited to the authority of the department orits equivalent to: (1) generally oversee the operations of such agencies andinsure that they are managed effectively, efficiently and economically butwithout interference with day-to-day activities; (2) require the submission

of reports and cause the conduct of management audit, performanceevaluation and inspection to determine compliance with policies, standardsand guidelines of the department; (3) take such action as may be necessaryfor the proper performance of official functions, including rectification ofviolations, abuses and other forms of mal-administration;


26/29

The power to summarily disband the board of directors may not be inferredfrom any of the foregoing as both P.D. No. 175 and the by-laws of theKBMBPM explicitly mandate the manner by which directors and officers areto be removed. The Secretary should have known better than to disregardthese procedures and rely on a mere petition by the general membership of

the KBMBPM and an on-going audit by Department of Agriculture auditorsin exercising a power which he does not have, expressly or impliedly. Wecannot concede to the proposition of the Office of the Solicitor General thatthe Secretary's power under paragraph (d), Section 8 of P.D. No. 175 abovequoted to suspend the operation or cancel the registration of anycooperative includes the "milder authority of suspending officers and calling

for the election of new officers." Firstly, neither suspension nor cancellationincludes the take-over and ouster of incumbent directors and officers,otherwise the law itself would have expressly so stated. Secondly, evengranting that the law intended such as postulated, there is the requirementof a hearing. None was conducted. Due process is guaranteed by theConstitution and extends to administrative proceedings.


27/29

Phil. Gamefoul Commission v. IAC

46 SCRA 294

We have consistently held that supervision means "overseeing or the power orauthority of an officer to see that their subordinate officers perform their duties. Ifthe latter fail or neglect to fulfill them, the former may take such action or steps asprescribed by law to make them perform their duties." 17 Supervision is a lesserpower than control, which connotes "the power of the officer to alter or modify or set

aside what a subordinate had done in the performance of his duties and to substitutethe judgment of the former for that of the latter." Review, on the other hand, is areconsideration or reexamination for purposes of correction.

As thus defined, the power of supervision does not snow the supervisor to annul theacts of the subordinate, for that comes under the power of control. What it can doonly is to see to it that the subordinate performs his duties in accordance with law.The power of review is exercised to determine whether it is necessary to correct theacts of the subordinate. If such correction is necessary, it must be done by theauthority exercising control over the subordinate or through the instrumentality of thecourts of justice, unless the subordinatemotu propriocorrects himself after his erroris called to his attention by the official exercising the power of supervision and reviewover him.


28/29

We have consistently held that supervision means "overseeing or the power orauthority of an officer to see that their subordinate officers perform their duties. Ifthe latter fail or neglect to fulfill them, the former may take such action or steps asprescribed by law to make them perform their duties." 17 Supervision is a lesserpower than control, which connotes "the power of the officer to alter or modify or setaside what a subordinate had done in the performance of his duties and to substitute

the judgment of the former for that of the latter." Review, on the other hand, is areconsideration or reexamination for purposes of correction.

As thus defined, the power of supervision does not snow the supervisor to annul theacts of the subordinate, for that comes under the power of control. What it can doonly is to see to it that the subordinate performs his duties in accordance with law.

The power of review is exercised to determine whether it is necessary to correct theacts of the subordinate. If such correction is necessary, it must be done by theauthority exercising control over the subordinate or through the instrumentality of thecourts of justice, unless the subordinatemotu propriocorrects himself after his erroris called to his attention by the official exercising the power of supervision and reviewover him.


29/29

philippine administrative powers of lower executive officers

Documents