C.

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.)

ABAKADA Guro vs Purisima

The Congressional Oversight Committee that will approve the rules, violate the Constitution
a. ENCROACHMENT - Separation of Powers
b. PRESENTOUS - the bill has to be presented to the President, undergo legislative process
that is the provision violated by the Congressional Oversight Committee

Powers and Functions of Administrative Agencies

Calalang vs Willimans
Expressed Power - the power of the Admin Agency flows from the law

Matienzo vs Abellera
Interpretation of a Power of the Admin Agency
What is that interpretation? LIBERAL
Everything that is necessary to achieve the means of the Admin Agency will be construed in
favor of the Admin Agency IF there is a DOUBT only

Villegas vs Subido
Expressed Power - written in the law

Laguna Lake
Implied Power - flows form the expressed, in pursuit of the expressed, but first we have to have
the expressed

Carino vs Capulong
Discretionary - All about judgement

MINISTERIAL- If an action is mandatory to be performed by the Admin Agency, that official or
Admin Agency does not have a choice, you have to do this

DISCRETIONARY- you have choice A or B

Error in the exercise of power
the government is not bound by the mistakes of its employees, if that mistake is beyond its
authority, ULTRA VIRES (invalid) but if the action of the government is within its authority even
though it is incorrect, the government is bound

Carino vs CHR
Investigatory bodies is a power in itself but also a means

DOH vs Composano
Investigation can be forwarded to another agency, that Admin Agency can ask help from
another Admin Agency

Quasi Legislative Powers

Edu vs Ericta
Regulatory Powers

People vs Maceren
Criminal law - strictissimi juris, strictly construed
What it is not there is not there
There can be NO IMPLIED

Republic vs Drugmakers vs Laboratories
Law vs Rule
Procedure or License or Guidelines

ASTEC vs PRC
Different types of Rules
a. Implementing rule or supplementary
b. Interpretative rule
c. Contingent rule
d. Internal rule
e. Letter of Instruction

Manila Jockey
Interpretative rule

ABAKADA
Contingent rule

SM land
Guidelines are rules but there is a vigorous dissent
*SM land vs Drugmakers -check difference in ruling

Eastern Shipping vs POEA
Doctrine of Delegation of Legislative power
Congress delegates power to promulgate rules to the Admin Agency

KMU vs Garcia
When congress Delegates power to Admin Agency, it is not only the right of the Admin Agency
but issue, therefore it cannot delegate it further delegata potestas non potest delegari

Eastern Shipping Lines
2 Requisites ofr Permissible delegation
a. COMPELTENESS TEST - case of teves
b. SUFFICIENT STANDARD - check eastern shipping

Pelaez
History appreciation

Balbuena
Simplicity and dignity in the observance of the flag ceremony
Sufficient standards

BOC
Sufficient standard

International vs Greenpeace
Not sufficient standards
Not complete

US vs Ang Tang Ho
FOR WHATEVER COST
FOR EVERY COST
Not sufficient standard

Commissioner of Customs vs Hypermix
Two Levels of Analysis
Is the delegation valid? Congress Rule - COMPLETENESS AND SUFFICIENT STANDARD
If it is the rule itself? The delegation has been done and the Admin Agency will be making the
implementing rules and regulations, what will you do? refer to Customs Hypermix case
a. Is the rule within the authority of the admin agency?
- NOT within the authority (refer to DOH vs Philip Morris)
If one agency delegates the power to promulgate the rules to another agency, if that valid?
a. Is it reasonable? is it fair? is there a basis? (substantive new process- Constitutional law
IRRELEVANT RIGHT NOW)
b. Did it undergo the proper procedure?
Sections 1-9 Book VII Enumerates the procedure of rule making
What are the agencies not covered by book VII of EO 292? Legislative, Judiciary, AFP, Bureau of
parole, SUCs BEAR THAT IN MIND
What is a rule?

PHILCOMSAT
If it is rate, RULE-MAKING. But the rate was only applicable to Philcomsat therefore QUASI-
JUDICIAL
If the rate if applicable to all stakeholders, it is LAW MAKING

GMA Network
Internal Procedure in COMELEC that an exception to the rule.

Board of Trustees vs Velasco
Internal Rules- no ned for publication
Publication file in ONAR, posted in the Bulletin
ONAR has discretion if that rule is a published, expensive or
a. inclusion in the bulletin that there is such a rule
b. go to the admin agency to secure the rule

ASTEC vs PRC
Interpretative rule - no need to be published

People vs Que Po Lay
Need for publication
Criminal rule
*Does it need hearing?

Cawad vs Abad
Interpretative rule- no need publication
Implementing rule - publication