AMINISTRATIVE AGENCY
BASIC CONCEPTS Admin Agency
Admin agency (Admin code of 1987)
COVERAGE
4th BRANCH of the GOVT
a. is an organ of govt, other than a court and other than a legislature; b. which affects the rights rights of private parties parties c. through either adjudication or rule-making. rule-making. a. refer to any of the various units of the Government; b. including a dept, bureau, office, instrumentality or GOCC, or a local govt or a distinct unit therein. Boards, commissions, dividions, bureaus, depts., office, authority, corporation, administration, division, or agency. a. it is either executinve (admin), or legislative, or judicial; OR b. it is a quasi-legislative quasi-legislative or quasi-judicial
TYPES of ADMIN BODIES – P.R.O.C.I.P. P.R.O.C.I.P. 1. Performing business service Phil Postal Corp, PNR, MWSS, NEA, NFA, NHA for the public 2. Regulating business affected Insurance Commission, LTFRB, ERB, NTC, HLURB w public interest 3. Offering grant, gratuity, special PVAO, GSIS, PAO, PhilHealth privilege 4. Carry function of government BOC, BIR, BID, LRA 5. Imbued w social policy NLRC, ECC, SSC, SEC, DAR, COA 6. Police power to regulate SEC, MTRCB, GAB, DDB private business or individuals CREATION of ADMIN BODIES MANNER OF CREATION CONSTI PROISIONS (maybe self-executing)
EXAMPLES Constitutional Commissions – Commissions – Art Art 9, 1987 Consti Ombudsman – Ombudsman – Art Art 9, sec 5, 1987 Consti
LEGISLATIVE ENACTMENTS (usual source of creation)
CHR – CHR – Art Art 13, Sec 17, 1987 Consti OMB 0 RA 9239, Optical Media Act of 2003; National Computer Center – Center – PD PD 1480, June 11, 1978;
AUTHORITY of LAW (delegated Executive)
Toll Regulatory Board – Board – PD PD 1112 Presidential Communications Group – Group – EO EO 4, July 30, 2010
ORGANIZATION ORGANIZATION of ADMIN AGENCIES ACTIVITY DEFINITION I. CREATION a. bringing into existence; b. of an admin agency 2. a. alteration of the REORGANIZATION structure; b. of an admin body 3. ABOLITION a. terminating the existence; b. of an admin office 4. DEACTIVATION DEACTIVATION a. office continues to exist; b. albeit dormant ABOLITION of ADMIN BODIES BODIES BY VIRTUE OF CONSTI PROVISIONS
LEGISLATIVE LEGISLATIVE ENACTMENTS
AUTHORITY of LAW
EXAMPLE EO 122-A (Jan 30, 1987) creating OMA
EO 297 (July 25, 1987) Reorganization of OPS EO 13 (nov. 15, 2010) – – Abolishing PAGC EO 191 (Jan. 7, 2000) – Deactivation – Deactivation of EIIB
ADMIN AGENCIES COVERED a. for Constitutionally created offices; b. those created pursuant to law; law; c. those created pursuant to delegated authority. a. those created pursuant to law; b. those created pursuant to delegated authority. a. pursuant to such such delegated authority authority
POWER TO REORGANIZE UNDR EO 292 OP PROPER PRESIDENT CAN: a. abolish, Sec 31(1) consolidate, EO 292 or merge units; OR b. transfer functions from one unit to another.
BUKLOD NG KAWANING EIIB v ZAMORA Facts: In 2000, Pres Estrada issued EO 191, ordering deactivation of EIIB and transfer of its functions to BOC and NBI HELD: As far as offices in the executive dept are concerned, Pres’ power of control may justify him to inactivate functions of particular office, or certain laws of control may grant him authority to carry out reorganization measures. BAGAOISAN v NTA Facts: In 1998, Pres Estrada issued E) 29 “Streamlining of NTA.” Drinita Bagaoisan, et al eployed at NTABatac, were terminated from employment. HELD: In the present instance, involving neither an abolition
OUTSIDE OP PROPER (BUT STILL WITHIN OP) Sec 31 (2), (3), EO 292
PRESIDENT CAN: a. transfer functions or agencies: OP to other depts. Or agencies; OR b. transfer function or agencies: other Dept of Agencies in OP
nor transfer of offices, the assailed action is a mere reorganization under the general provisions of the law consisting mainly of streamlining the NTA in the interest of simplicity, economy and efficiency. It is an act well within the authority of Pres motivated and carried out in good faith. DOMINGO v ZAMORA Facts: In 1999, Pres. Estrada issued EO 81 transferring the Sports Programs of DECS to PSC. Rosa Domingo et al went to SC, arguing that: a) EO 81 is unconsti for being undue legislation by Pres. Estrada; b) DECS is not part of OP, Sec 31(2),(3) of EO 292 authorizes Pres to transfer any function or agency of DECS to OP. PSC is attanced to OP. Therefore,Pres. Has authority to transfer function of DECS to PSC.
Reorganization of Administrative Bodies Purposes Simplicity Larin vs. Executive Secretary Economy Efficiency Facts: In 1993, Pres. Ramos issues EO 132 streamlining BIR. Excise Tax Service, headed by Larin was abolished. Then, Pres. Ramos appointed 10 BIR Assistant Commissioners, excluding Larin
Power to Reorganize Executive Art. VII Sec. power 17, 1987 Constituion
Held: If abolition is done for political reasons or to defeat security of tenure, or otherwise not in good faith, no valid abolision takes place and whatever is done is void ab initio Limitations
GOOD FAITH
Dario vs. Mison Facts: On Jan, 1988, Commissioner Salvador Mison notified various Customs officials that their services were terminated. Deputy Commissioner Cesar Dario was one of the 394 officials and employees of BOC who were separated from the service Held: Terminating 394 BOC employees and thereafter hiring 522 replacements is a revamp pure and simple. Mison may carry out reorganization under the transitory provisions of the 1987 Constitution. But such a reorganization should be subject to the criterion of good faith
Continuing authority
Buklod ng Kawaning vs. Executive Secretary Facts: On Jan 7, 2000, Pres. Estrada issued 191, ordering deactivation of EIIB and transfer of its functions to BOC and NBI. On March 29, 2000, Estrada issued EO 233 providing that EIIB personnel shall be deemed separated from service April 30, 2000
The president shall have the control of all the executive departments, Held: As far as offices in the executive department bureaus and are concerned, the Presidents power of control may offices justify him to inactivate functions of a particular office, or certain laws may grant him authority to carry out reorganization measures Sec. 31 Book Bagaoisan vs. National Tobacco Authority III Chap. 10 EO 292 Fact: On Sept 30, 1998, Pres Estrada issues EO 29 “ The Streamlining of NTA” Drianita Bagaoisan, et al, all president… in occupying different positions at NTA-Batac, received order to notices of their termination effective 30 days from achieve receipt thereof simplicity, economy and Held: In the present instance, involving neither an efficiency, abolition nor transfer of offices, the assailed action is shall have a mere reorganization under the general provisions continuing of the law consisting mainly of streamlining the NTA authority to in the interest of simplicity, economy and efficiency. reorganize It is an act well within the authority of the President the motivated and carried out in good faith administrative structure of the OP
