In Re: Rodolfo Manzano

Posted on December 8, 2012

Facts:Judge Manzano filed a petition allowing him to accept
the appointment by Ilocos Sur Governor Rodolfo arinas as
the member of Ilocos !orte provincial "ommittee on Justice
created pursuant to a Presidential #rder$ %e petitioned that
his membership in the "ommittee will not in any way amount
to an abandonment to his present position as &'ecutive Judge
of (ranch )I)* R+"* ,st Judicial region and as a member of
-udiciary$
Issue:.hat is an administrative agency/ .here does it draw
the line insofar as administrative functions are concerned/
Ruling:+he petition is denied$ +he "onstitution prohibits the
designation of members of the Judiciary to any agency
performing 0uasi1Judicial or 2dministrative functions 3Sec$,4*
2rt$5III* ,678 "onstitution9$
Quasi-udicial has a fairly clear meaning and Judges can
confidently refrain from participating in the wor: of any
2dministrative 2gency which ad-udicates disputes ;
controversies involving the rights of parties within its
-urisdiction$
!dministrati"e functions are those which involve the
regulation and control over the conduct & affairs of
individuals for their own welfare and the promulgation of
rules and regulations to better carry out the policy of the
Legislature or such as are devolved upon the
administrative agency by the organic law of its existence$
<2dministrative functions= as used in Sec$ ,4 refers to the
Government>s e'ecutive machinery and its performance of
governmental acts$ It refers to the management actions*
determinations* and orders of e'ecutive officials as they
administer the laws and try to ma:e government effective$
+here is an element of positive action* of supervision or
control$
In the dissenting opinion of Justice Gutierrez:2dministrative
functions are those which involve the regulation and control
over the conduct and affairs of individuals for their own
welfare and the promulgation of rules and regulations to
better carry out the policy of the legislature or such as are
devolved upon the administrative agency by the organic law
of its e'istence <we can readily see that membership in the
Provincial or "ity "ommittee on Justice would not involve any
regulation or control over the conduct and affairs of
individuals$ !either will the "ommittee on Justice promulgate
rules and regulations nor e'ercise any ?uasi1legislative
functions$ Its wor: is purely advisory$ 2 member of the
-udiciary -oining any study group which concentrates on the
administration of -ustice as long as the group merely
deliberates on problems involving the speedy disposition of
cases particularly those involving the poor and needy litigants1
or detainees* pools the e'pertise and e'periences of the
members* and limits itself to recommendations which may be
adopted or re-ected by those who have the power to legislate
or administer the particular function involved in their
implementation$