Doctrine of Separation of Powers – prohibits the and regulations in the exercise of its
delegation of legislative power, the vesting of quasi-legislative power, where the
judicial officers with non-judicial functions, as enabling statute does not so confer. well as the investing of non-judicial officers with Jurisdiction cannot be implied from the judicial powers; not an iron-clad restriction language of a statute. against delegation of powers MINISTERIAL ACT Administrative agencies - fall under the executive department; they are granted by the One which is so clear and specific as to legislature with administrative, executive, leave no room for the exercise of investigatory, legislative or judicial powers; discretion in its performance have powers or functions which are DISCRETIONARY ACT administrative and sometimes ministerial in character as well as quasi-legislative or quasi- One which an officer or tribunal judicial power, as may be conferred by performs in a given state of facts, in a Constitution or by law prescribed manner, in obedience to the mandate of legal authority, without Liberal construction is adopted to enable regard to the existence of his own administrative agencies to discharge their judgment, upon the propriety or assigned duties in accordance with the impropriety of the act done legislative purpose or intent A discretion entrusted to a public officer Public officials possess powers, not rights, There may not be delegated. It has been held must be a grant of authority to justify any action that an officer to whom discretion is taken by them. A public official must locate in entrusted cannot delegate it to another, the statute upon a grant of power before he can the presumption being that he was exercise it. chosen because he was deemed fit and competent to exercise that judgment JURISDICTION and discretion, and unless the power to substitute another in his place has been Jurisdiction to hear and decide cases, given to him, he cannot delegate his which involves the exercise of duties to another adjudicatory power, is conferred only A power or right conferred upon a by the Constitution or by statute. person by law of acting, under certain Jurisdiction over the subject matter circumstances, uncontrolled by the must exist as a matter of law and judgment or conscience of others cannot be fixed by agreement of the Discretion means a sound discretion parties, acquired through, or waived, exercised not arbitrarily or wilfully, but enlarged or diminished by, any act or with regard to what is right and omission. equitable under the circumstances and An administrative agency cannot grant the law and directed by the officer’s itself jurisdiction to decide a particular reason and conscience to just result. matter by issuing the appropriate rules If the duty is ministerial, mandamus may lie to To ascertain the consequences that will compel performance; if the duty is follow in case what the statute requires discretionary, a petition for certiorari may lie is not done or what it forbids is where there is grave abuse of discretion performed amounting to lack of jurisdiction on the part of the official or administrative agency. MANDATORY DIRECTORY Does the YES NO MANDATORY STATUTE statute prescribe a A statute which commands either result in positively that something be done, or addition, or performed in a particular way, or apart from, negatively that something not be done, what it leaving the person concerned NO requires? Will third YES NO CHOICE on the matter except to obey parties One that contains words of command suffer as a or of prohibition consequence Where a statute is mandatory, the court of what the of quasi-judicial tribunal has no power person to distinguish between material and charged by the statute immaterial breach thereof or omission to do within to comply with what it requires a prescribed limit fails to DIRECTORY STATUTE do? A statute which is permissive or Does the law YES NO give a discretionary in nature and merely person no outlines that act to be done in such a alternative way that no injury can result from choice? ignoring it or that its purpose can be Is what the YES NO accomplished in a manner other than statute that prescribed and substantially the prescribes a same result obtained matter of substance A statute which merely operates to and not of confer discretion upon a person, form? namely, to act according to the dictates Will there be YES NO of his own judgment and conscience more injury and not controlled by the judgment and to the public conscience of others by a disregard of TEST TO DETERMINE THE NATURE OF STATUTE what the law AND THAT OF POWER provides? GOVERNMENT IS NOT BOUND BY ERRORS OF The President is the Chief PUBLIC OFFICERS Administrative Officer of the Government The government can do no wrong He welds all administrative powers that The government is not stopped by the inhere in such position mistakes or errors of its officials or agents PRESIDENT’S POWER OF CONTROL Errors of public officers should never Section 17, Article VII of the 1987 Constitution deprive the people of the right to rectify them and recover what might be lost or The President shall have control of all the bartered away in any action, deal or executive departments, bureaus, and offices. He transaction concerned shall ensure that the laws be faithfully Unauthorized acts of government executed. officials are not acts of the state, and an action against the officials by one The power of control means his power whose rights have been invaded or to alter or modify or nullify or set aside violated by such acts, for the protection what a subordinate officer had done in of his rights, not a suit against the state the performance of his duties and to within the rule of immunity of the state substitute his judgment with that of the from suit latter The right of the President to interfere in PRESUMPTION OF REGULARITY the exercise of such discretion as may be vested by law in the officers of the Government officials are presumed to executive departments, bureaus, or perform their functions with regularity offices of the national government and strong evidence is necessary to rebut this presumption The President can do what any of his cabinet secretary can lawfully do as Acts done in the performance of official conferred by law duties are protected by the presumption of good faith, and even DOCTRINE OF QUALIFIED POLITICAL AGENCY mistakes committed by such public officers are not actionable as long as it The President’s power of control is is not shown that they were motivated directly exercised by him over the by malice or gross negligence members of the Cabinet who, in turn, amounting to good faith and by his authority, control the bureaus and other offices under their Chapter II Power of Control, Supervision and respective jurisdictions in the executive Investigation departments EXECUTIVE POWER OF THE PRESIDENT The acts of a department Secretary are presumed to be the acts of the President LIMITATIONS ON THE PRESIDENT’S CONTROL to annul the acts of the subordinate, POWER what he can only do is to see to it that the subordinate performs his duties in 1. The abolition or creation of an accordance with the law executive office Review – a reconsideration or re- 2. The suspension or removal of career examination for purposes of correction; executive officials or employees exercised to determine whether it is without due process of law necessary to correct the act of the 3. The setting aside, modification, or subordinate; it includes the power to supplanting of decisions of quasi- disapprove but it does not carry the judicial agencies, including that of the authority to substitute one’s own Office of the President, on contested preferences for that chosen by the cases that have become final pursuant subordinate in the exercise of its sound to law or to rules and regulations discretion promulgated to implement the law Supervision and control include the authority PRESIDENT’S POWER OF SUPERVISION to: The president may have only the power 1. Act directly whenever a specific of supervision which is only overseeing function is entrusted by law or or the power to see that the officials regulation to a subordinate concerned perform their duties, and if 2. Direct the performance of duty; restrain they later fail or neglect to fulfil them, the commission of the acts to take such action or steps as 3. Review, approve, reverse or modify acts prescribed by law or make them and decisions of subordinate officials or perform their duties units Supervisory power – the power of mere 4. Determine priorities in the execution of oversight over an inferior body; it does plans and programs not include any restraining authority 5. Prescribe standards, guidelines, plans over such body and programs CONTROL, SUPERVISION AND RECIEW BY Administrative supervision is limited to the OTHER EXECUTIVE OFFICIALS authority of the department or its equivalent to: The department secretary exercises 1. Generally oversee the operations of control, supervision and review of acts such agencies and insure that they are done by subordinate officials and managed effectively, efficiently, and employees in his department economically but without interference Supervision – means overseeing or the with day-to-day activities power or authority of an officer to see 2. Require the submission of reports and that their subordinate officers perform cause the conduct of management their duties; it is a lesser power than audit, performance evaluation and control; it does not allow the superior inspection to determine compliance with policies, standards and guidelines administrative officials or agencies for a of the department number of purposes 3. Take such action as may be necessary for the proper performance of official NOTICE AND HEARING IN INVESTIGATION functions, including rectification of One of the cardinal requirements of due violations, abuses and other forms of process mal-administration 4. Review and pass upon budget proposals EXECUTIVE POWER OF INVESTIGATION of such agencies but may not increase or add to them The President has the power to order the conduct of investigation for a The department secretary’s supervision number of purposes, such as for all and control over all bureaus and offices administrative functions, rule-making, under his jurisdiction is limited to the adjudication, and for purposes no more bureaus and offices under him, but specific than illuminating obscure areas does not extend to agencies attached to to find out what if anything should be the department done Attachment – refers to the lateral The President may make investigations, relationship between the department not only in proceedings of a legislative or its equivalent and the attached or judicial nature, but also in agency or corporation for purposes of proceedings whose sole purpose is to policy and program coordination. The obtain information upon which future coordination shall be accomplished by action of a disciplinary, administrative, having the department represented in prosecutory, legislative or judicial the governing board of the attached nature may be taken agency or corporation, either as chairman or as a member, with or The President’s investigatory power without voting rights, if this is permitted emanates from his power of supervision by the charter; having the attached and control over all executive corporation or agency comply with a departments, bureaus, and offices; his system of periodic reporting which shall supervision over LGUs; and his power of reflect the progress of programs and appointment of presidential projects; and having the department appointees, which are conferred upon provide general policies through its him by the Constitution representative in the board, which shall The President may do so thru an serve as the framework for the internal executive officer, or create a body or policies of the attached corporation or committee to conduct the investigation, agency empower said officer, body or committee to issue subpoena and POWER OF INVESTIGATION subpoena duces tecum for the purpose, and to make recommendations, on the It has been granted by the Constitution basis of which he will make his of the legislature to executive or appropriate action INVESTIGATORY POWERS, AS INCIDENTS OF MAIN FUNCTION
Inquisitive power – known as
examining or investigatory power; one of the determinative powers of an administrative body which better enables it to exercise its quasi-judicial authority; allows the administrative body to inspect the records and premises, and investigate the activities, of persons and entities coming under its jurisdiction, or require disclosure of information by means of accounts, records, reports, testimony of witness, production of documents, or otherwise
INVESTIGATORY POWER AS MAIN FUNCTION
An investigatory body with the sole
power of investigation does no exercise judicial functions and its power is limited to investigating the facts and making findings in respect thereto The test whether an administrative body is exercising judicial functions or merely investigatory functions is: adjudication signifies the exercise of power and authority to adjudicate upon the rights and obligations of the parties before it
G.R. No. 249098, 15 January 2020 Province of Pangasinan and Marilou E. Utanes, in Her Capacity As The Provincial Treasurer of Pangasinan, Petitioner Vs Team Sual Corporation
United States v. Michael Gilbert, Karen Gilbert, Michael Gilbert Family Irrevocable Trust, Third Party Claimants-Appellees, 244 F.3d 888, 3rd Cir. (2001)