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ADOLFO, CAREN KAY B.

DECEMBER 15, 2016

A. The delegation of function and authority has different types and degrees. The types
are (1) delegation of internal management (2) delegation of authority to dispose of
routine matters (3)delegation of authority to dispose of matters informally, or to initiate
formal proceedings; and (4) delegation of authority and function in formal proceedings.
As a matter of degree, Delegation may be combined with supervision and control as for
(1)the statement by agency heads of policies which have crystallized for routine
application by subordinates (2) consideration by agency heads of cases in which the
application of established policy is difficult, or in which policy has not crystallized; and (3)
the requirement of weekly or even daily reports to agency heads.

B.1. The distribution of powers of government is done in the office of the President by
having a private office, executive office, the common staff support system and
presidential special assistant / advisers system

B.2. The distribution of powers of government is done in the Organization of


Departments by having a office of the secretary and staff units under each department.
The Departments shall be organized and maintained to insure their capacity to plan and
implement programs in accordance with established national policies. Bureaus and
offices under each Department shall be grouped primarily on the basis of major functions
to achieve simplicity, economy and efficiency in government operations and minimize
duplication and overlapping of activities. The functions of the different Departments shall
be decentralized in order to reduce red tape, free central officials from administrative
details concerning field operations, and relieve them from unnecessary involvement in
routine and local matters

B.3. The office of the secretary shall consist of the Secretary and the Undersecretary
together with the personnel in their immediate offices. The authority and responsibility
for the exercise of the mandate of the Department and for the discharge of its powers
and functions shall be vested in the Secretary, who shall have supervision and control of
the Department. The Undersecretary shall, among others, advise and assist the Secretary
in the formulation and implementation of department objectives and policies. He shall
temporarily discharge the duties of the Secretary in the latter's absence or inability to
discharge his duties for any cause or in case of vacancy of the said office, unless
otherwise provided by law. The Assistant Secretary shall perform such duties and
functions as may be provided by law or assigned to him by the Secretary

C. The organization of Bureau shall refers to any principal subdivision or unit of any
department. Each Bureau shall be headed by a Director who may have one or more
Assistant Directors as provided by law. It may have as many divisions as are provided by
law for the economical, efficient and effective performance of its functions. Regional
Offices shall be established according to law defining field service areas. The
administrative regions shall be composed of the National Capital Region and Regions I to
XII. Provincial and district offices may be established only by law whenever necessary.
Except as otherwise provided by law and when the needs of the service so require, the
department or agency shall organize an integrated regional office on a department or
agency-wide basis. The regional office shall be headed by a Regional Director who may
be assisted by one Assistant Regional Director, except as may otherwise be provided by
law. The Regional Director shall be responsible for department or agency functions
performed in the region under his jurisdiction.
Administrative relationship shall be categorized and defined supervision and
control, administrative supervision, and attachment. It shall govern the administrative
relationship between a department or its equivalent and regulatory agencies or other
agencies as may be provided by law. It shall be limited to the authority of the department
or its equivalent. Attachment refers to the lateral relationship between the department or
its equivalent and the attached agency or corporation for purposes of policy and program
coordination
D.1. The powers and functions of Department Secretary among others include the
issuance of 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; Establish the policies and standards for the
operation of the Department pursuant to the approved programs of governments;
Promulgate rules and regulations necessary to carry out department objectives, policies,
functions, plans, programs and projects; Promulgate administrative issuances necessary
for the efficient administration of the offices under the Secretary and for proper
execution of the laws relative thereto; Exercise disciplinary powers over officers and
employees under the Secretary in accordance with law; Appoint all officers and
employees of the Department except those whose appointments are vested in the
President or in some other appointing authority; Exercise jurisdiction over all bureaus,
offices, agencies and corporations under the Department; Delegate authority to officers
and employees under the Secretary's direction in accordance with the Code; and Perform
such other functions as may be provided by law.

D.2. In terms of its delegation of authority, the Secretary or the head of an agency shall
have authority over and responsibility for its operation. He shall delegate such authority
to the bureau and regional directors as may be necessary for them to implement plans
and programs adequately.

D.3 Line bureaus of a department shall exercise supervision and control over their
regional and field offices. They shall be directly responsible for the development and
implementation of plans and programs within their respective functional specializations;
and the regional and other field offices shall constitute the operating arms of the bureau
concerned for the direct implementation of the plans of the programs drawn up in
accordance with approved policies and standards. As counterparts of the bureau in the
region, they shall undertake bureau operations within their respective jurisdictions, and
be directly responsible to their bureau director
ADOLFO, CAREN KAY B.

DECEMBER 22, 2016

A.1. The relationship of government-owned or controlled corporations to the


Department is embodied and described in Sec. 42 Chapter 9 of the EO No. 292 which
states that "Government-Owned or Controlled Corporations shall be attached to the
appropriate department with which they have allied functions, as hereinafter provided, or
as may be provided by executive order, for policy and program coordination and for
general supervision provided in pertinent provisions of this Code." It further states that
"In order to fully protect the interests of the government in government-owned or
controlled corporations, at least one-third (1/3) of the members of the Boards of such
corporations should either be a Secretary, or Undersecretary, or Assistant Secretary"

A.2. The relationship of regulatory agencies to the Department is likewise embodied in


EO No. 292 Sec. 43 Chapter 9 which states that " A regulatory agency shall be subject to
the administrative supervision of the department under which they are placed, except
when they are government corporations in which case they shall be governed by the
provisions of the preceding section;

(2) The heads of regulatory agencies shall submit annually, for the approval of the
Secretary concerned, their budgets and work plans which shall be the basis of their day-
to-day operations; and

(3) The regulatory agencies may avail themselves of the common auxiliary and
management services of the department as may be convenient and economical for their
operations."

A.3 The following departments of the government has its corresponding mandates:

The Department of Foreign Affairs shall be the lead agency that shall advise and
assist the President in planning, organizing, directing and evaluating the total national
effort in the field of foreign relation
The Department of Finance shall be responsible for the formulation,
institutionalization, and administration of fiscal policies in coordination with other
concerned subdivisions, agencies and instrumentalities of government
The Department of Justice shall carry out the declared policy to provide the
government with a principal law agency which shall be both its legal counsel and
prosecution arm
The Department of Agriculture shall be the government agency responsible for
the promotion of agricultural development by providing the policy framework, public
investments, and support services needed for domestic and export-oriented business
enterprises
The Department of Public Works and Highways shall be the State's engineering
and construction arm and is tasked to carry out the policy to continuously develop its
technology, for the purposes of ensuring the safety of all infrastructure facilities and
securing for all public works and highways the highest efficiency and the most
appropriate quality in construction
The Department of Education, Culture and Sports shall be primarily responsible
for the formulation, planning, implementation and coordination of the policies, plans,
programs and projects in the areas of formal and non-formal education at all levels,
supervise all educational institutions, both public and private, and provide for the
establishment and maintenance of a complete, adequate and integrated system of
education relevant to the goals of national development
The Department of Labor and Employment shall be the primary policy-making,
programming, coordinating and administrative entity of the Executive Branch of the
government in the field of labor and employment

The Department of National Defense shall carry out the declared policy to
maximize its effectiveness for guarding against external and internal threats to national
peace and security, and provide support for social and economic development
The Department of Health shall be primarily responsible for the formulation,
planning, implementation, and coordination of policies and programs in the field of
health. Its primary function is the promotion, protection, preservation or restoration of
the health of the people through the provision and delivery of health services and
through the regulation and encouragement of providers of health goods and services
The Department of Trade and Industry shall be the primary coordinative,
promotive, facilitative and regulatory arm of the Executive Branch of government in the
area of trade, industry and investments.
The Department of Agrarian Reform shall provide central direction and
coordination to the national agrarian reform program extended to transform farm lessees
and farm tenants into owner cultivators of economic family-size farms to improve their
living conditions
The Department of Interior and Local Government shall assist the President in the
exercise of general supervision over local governments and in ensuring autonomy,
decentralization and community empowerment
The Department of Tourism shall be the primary planning, programming,
coordinating, implementing, and regulatory government agency responsible for
development and promotion of the tourism industry, both domestic and international, in
coordination with attached agencies and other government instrumentalities. It shall
instill in the Filipino the industry's fundamental importance in the generation of
employment, investment and foreign exchange
The Department of Environment and Natural Resources shall be primarily
responsible for the implementation of the policy to ensure for the benefit of the Filipino
people, the full exploration and development as well as the judicious disposition,
utilization, management, renewal and conservation of the country's natural resources,
consistent with the necessity of maintaining a sound ecological balance and protecting
and enhancing the quality of the environment and the objective of making the
exploration, development and utilization of such natural resources equitably accessible to
the different segments of the present as well as future generations
The Department of Transportation and Communication shall be the primary policy,
planning, programming, coordinating, implementing and regulating and administrative
entity of the Executive Branch of the government in the promotion, development, and
regulation of dependable and coordinated networks of transportation and
communications systems as well as in the fast, safe, efficient and reliable postal,
transportation and communications services
The Department of Social Welfare and Development shall I provide a balanced
approach to welfare whereby the needs and interests of the population are addressed not
only at the outbreak of crisis but more importantly at the stage which would inexorably
lead to such crisis
The Department of Budget and Management shall be responsible for the
formulation and implementation of the National Budget with the goal of attaining our
national socio-economic plans and objectives and for the efficient and sound utilization of
government funds and revenues to effectively achieve our country's development
objectives
The Department of Science and Technology shall provide central direction,
leadership and coordination of scientific and technological efforts and ensure that the
results therefrom are geared and utilized in areas of maximum economic and social
benefits for the people.
The Department of Energy shall prepare, integrate, coordinate, supervise and
control all plans, programs, projects, and activities of the Government relative to energy
exploration, development, distribution, and conservation, with the end in view of
ultimately achieving self-reliance in the country's energy and power requirements
without sacrificing ecological concerns

B.1 Powers and functions are used interchangeable as its general meaning. However
in latter term denotes a broader filed of activities than the former. "Function" is that
which one is bound or which it is one's business to do while the Power" refer to the
means by which a function is fulfilled

B.2 The scope of powers of the administrative agencies includes that as an


investigative or advisory bodies. Most administrative agencies have investigative, rule-
making, and determinative functions, or at least two of such functions. They have
express and implied powers, inherent powers and quasi-judicial powers. The nature of the
powers of administrative agencies are that, it is jurisdiction limited. They possess a
limited jurisdiction, or purely constitutional or statutory powers, and they possess only
such powers and authority as have been specifically conferred upon them by the
Constitution or specifically granted to them by their enabling statutes and those as may
be necessarily implied in the exercise thereof or incidental to the attainment of their
purposes or objectives. However in various instances, the powers of particular
administrative bodies have been held broad and plenary within their fields, and in such
case, it is only where such power and authority have been manifestly abused that a court
may interfere. And a government agency must respect the presumption of
constitutionality and legality to which statutes and administrative regulations are entitled
until such statute or regulation is repealed or amended, or until set aside in an
appropriate case by a competent court, and ultimately by the Supreme Court

B.3 Administrative function or power constitutes powers not explicitly legislative,


executive, and judicial, it involves exercise of judgment and discretion. In the exercise of
their functions and in making decisions, quasijudicial bodies must not be too dogmatic as
to restrict themselves to literal interpretations of words, phrases and sentences. A
complete and wholistic view must be taken in order to render a just and equitable
judgment

B.4 The powers of administrative agencies are classified as to nature, as to


investigatory powers, quasi-legislative or rule-making powers; and quasi-judicial or
adjudicatory powers. It is also classified as to the degree of subjective choice either as
discretionary or ministerial.

B.5 The discretionary and ministerial power of the administrative agencies maybe
distinguished in a way that the discretionary power or right conferred upon them by law
of acting officially under certain circumstances, according to the dictates of their own
judgment and conscience, and not controlled by the judgment or conscience of others
while the ministerial power is one in respect to which nothing is left to discretion. It is one
performed in response to a duty which has been positively imposed by law and its
performance required at a time and in a manner or upon conditions specifically
designated, the duty to perform under the conditions specified not being dependent
upon the officer's judgment or discretion

B.6 The scope and extent of investigatory or inquisitorial powers include the power of
an administrative body to initiate the investigation, inspect the records and premises,
and investigate the activities of persons or entities coming under its jurisdiction,' or to
secure, or to require the disclosure of information by means of accounts, records, reports,
statements, testimony of witnesses, production of documents, or otherwise.

B.7 The right to counsel in administrative investigations is not always imperative. A


party in an administrative inquiry may or may not be assisted by counsel, irrespective of
the nature of the charges and of the respondent's capacity to represent himself, and no
duty rests on such body to furnish the person being investigated with counsel
The importance of administrative investigations are not only for rule-making
adjudication, and licensing, but also for prosecuting, for supervising and directing, for
determining general policy, for recommending legislation, and for purposes no more
specific than illuminating obscure areas to find out what if anything should be done

ADOLFO, CAREN KAY B.

The Bureau of Corrections is an agency of the Department of Justice which is charged


with the custody and rehabilitation of national offenders, who have been sentenced to
three years of imprisonment or more. The agency has its headquarters in the New Bilibid
Prison Reservation in Muntinlupa City.

The Principal task of the Bureau of Corrections is the rehabilitation of National Prisoners.

The Bureau carries out the following task to carry out its mandate:

Confine persons convicted by the courts to serve a sentence in national


prisons.

Keep prisoners from committing crimes while in custody.

Provide humane treatment by supplying the inmates' basic needs and


implementing a variety of rehabilitation programs designed to change their
pattern of criminal or anti-social behavior.

Engage in agro-industrial projects for the purpose of developing prison


lands and resources into productive bases or profit centers, developing and
employing inmate manpower skills and labor, providing prisoners with a
source of income and augmenting the Bureau's yearly appropriations

The Bureau of Corrections currently have 7 operating units located nationwide:


The New Bilibid Prison in Muntinlupa City

The Correctional Institution for Women (CIW) in Mandaluyong City / and The CIW
Mindanao, Panabo, Davao

Iwahig Prison and Penal Farm in Puerto Princesa City, Palawan

Sablayan Prison and Penal Farm in Occidental Mindoro

San Ramon Prison and Penal Farm in Zamboanga City

Leyte Regional Prison in Abuyog, Leyte

Davao Prison and Penal Farm in Panabo, Davao