ADMINISTRATIVE LAW (Agpalo) reduction of rank or salary and 2) It is not
Power of Control, Supervision and Investigation
I. Power of Control
What is the constitutional provision that provides
for the president’s power of control?
Section 17, Article VII provides that “The President
shall control of all the executive departments,
bureaus and offices. He shall ensure that the laws be
faithfully executed.”
What does this power of control entail?
1. It means he has the power to alter or modify,
nullify or set aside what a subordinate officer
has done in the performance of his duties and to
substitute his judgment with that of the latter.
2. He may interfere in the exercise of discretion
vested by law in the officers of the executive
department, bureaus or offices of the national
government.
3. He can also act in lieu of such officers. Whatever
any of his cabinet secretary can lawfully do, he
can do as well.
In Araneta v. Gatmaitan, the issue was whether or
not the president’s issuance of an EO banning fishing
by trawl was legal since the Secretary of Agriculture
is the one authorized by the congress to issue rules
and regulations to implement the ban on trawl
fishing.
The SC ruled that since the Sec. of Agriculture was
empowered to regulate or ban fishing by trawl, the
president in his exercise of his power of control can
take over from him such authority and issue the EO
to exercise it.
4. The president has the power not only to modify
or amend rules and regulations issued by a
cabinet secretary or a head of a bureau or
agency, but it can also supplant the rules by
another set entirely different from those issued
by his subordinate.
5. It includes the power to detail and executive
officer in the office of the president, or to any
executive office without any prior approval from
any executive officer PROVIDED 1) there is no
considered a disciplinary action.
To whom does the President’s power of control
extend to?
It extends to all executive officers from cabinet
secretaries to the lowliest clerk in the executive
department.
Can the president exercise the power of control
through executive departments and executive
officials?
Yes. Under the constitution, all executive and
administrative organizations are adjuncts of the
executive department. The heads of the various
executive departments are assistants and agents of
the Chief Executive.
The multifarious executive and administrative
functions of the chief executive are performed by
and through the executive department secretaries
as his alter egos and the acts of the secretaries of
such departments, performed and promulgated in
the regular course of business are acts of the
president UNLESS disapproved or reprobated by
the Chief Executive.
What is the exception to this rule?
In cases where the chief executive is required by the
constitution or law to act in person, or the
exigencies of the situation demand that he acts
personally.
Can a department secretary countermand the act of
the president?
No. He is a mere subordinate of the president. He is
not even permitted to disregard the president’s
altering his action in the performance of his function
as the department secretary.
The president gives orders to all and takes orders
from no one.
What is the Doctrine of Qualified Political Agency?
It states that:
1. All executive and administrative
organizations are adjuncts of the executive
department;
 2. The heads of the of the various executive
departments are assistants and agents of the
chief executive
3. Except in cases where the chief executive is
required by the constitution or by law to act
in person or the exigencies of the situation
demand that he act personally,
a. the multifarious executive and
administrative functions of the chief
executive are performed by and through
the executive departments
b. The acts of the Department secretaries
performed in the regular course of
business are preemptively acts of the
chief executive
i. UNLESS it is disapproved or
reprobated by the Chief
Executive himself.
Are acts of the the president or his alter egos subject
to review by the courts?
GR: No. Under the principle of separation of powers,
the three branches of the government are co-equal
and one should not encroach on the other in the
exercise of its functions.
XPN: When in doing such act, there was grave abuse
of discretion amounting to lack or excess in
jurisdiction.
Can the Executive Secretary or Deputy/Assistant
Executive Secretary modify, alter or set aside rulings
of a department secretary?
Yes. If he acts “By authority of the president” he acts
for and on behalf of the president.
What are the limitations on the President’s power of
control?
The presidents power of control does not include:
1. Abolition or creation of an executive office
2. The suspension or removal of career
executive officials without due process of
law
3. The setting aside, modifications or
supplanting of decisions of quasi-judicial
agencies including that of the OP on
contested cases that have become final
pursuant to law or to rules and regulations
promulgated to implement the law.
GR: Rules and regulations, interpretations or
applications of the law may be reviewed, modified
or set aside at any time if found to be erroneous
XPN: when private rights have become vested. As
when in reliance thereon in good faith, a person
complied with what the law requires as construed
by the administrative officer. His right that accrued
therefrom may not be disturbed. The principle of
justice and good faith dictate and operate to create
such exception.
GR: The president may not by his power of control
suspend or remove the official without due process
of law.
XPN: those officials who serve at his pleasure such
as cabinet secretaries. (The power to remove is
inherent in the power to appoint)
II. Power of Supervision
As a general rule the president may not power of
control over agencies which are not categorized as
executive departments, bureaus and offices UNLESS
the law creating them provides that he shall have
such power.
In the absence of such law, the president may only
exercise the power of supervision.
What is the power of supervision?
It overseeing or the power to see that the officials
concerned perform their duties and should they fail,
to take such action or steps prescribed by law to
make them perform their duties.
SECTION 4. The President of the Philippines shall
exercise general supervision over local
governments. Provinces with respect to component
cities and municipalities, and cities and
municipalities with respect to component barangays
shall ensure that the acts of their component units
are within the scope of their prescribed powers and
functions.
SECTION 16. The President shall exercise general
supervision over autonomous regions to ensure that
the laws are faithfully executed.

Can the president or its alter ego direct the form and
manner or local officials in the performance of their
duty?
No unless provided by law. (Rodriguez v. Montinola)
Who exercises the president’s power of supervision
over Local government?
The secretary of DILG.
Can the DILG prescribe rules in its exercise of its
supervisory powers?
Yes. The Administrative code however limits it to
merely monitoring compliance by LGU of such
issuances.
Differentiate Power of Control and the Power of
Supervision.
1. Supervision is a lesser power than control. It
does not allow the superior to annul the act
of the subordinate. He can only see to it that
the subordinate performs his duties in
accordance with law.
2. Review must be done by the authority
exercising control over the subordinate or
through the instrumentality of the courts of
justice.
What does supervision and control include under
the 1987 Administrative Code?
1. Act directly whenever a specific function is
entrusted by law or regulation to a
subordinate
2. Direct the performance of duty; restrain the
commission of acts
3. Review, approve, reverse, or modify acts and
decisions of subordinate officials or units
4. Determine priorities in the execution of
plans and programs
5. Prescribe standards, guidelines, plans and
programs.
Specifically, administrative supervision is limited to
the authority of the department or its equivalent to:
a. Generally oversee the operations of such
agencies and insure that they are managed
effectively but without interference with day
to day activities
b. Require submission of reports and cause the
conduct of management audit, performance
evaluation and inspection to determine
compliance with policies, standards and
guidelines of the department.
c. Take such actions as may be necessary for
the proper performance of official functions
including rectification of violations, abuses
and other forms of mal-administration
d. Review and pass upon budget proposals of
such agencies but may not increase or add to
them.
When the law confers upon the Department
Secretary Supervision and control over subordinate
officers, the department head can modify, nullify or
set aside the decision of the subordinate officer and
can exercise the powers granted to the subordinate
officer.
GR: the department secretary’s supervision and
control over all bureaus and offices under his
jurisdiction is limited to the bureaus and offices
under him
XPN: those agencies attached to the department.
What is attachment
It is the lateral relationship between the department
or its equivalent and the attached agency or
corporation for purposes of policy and program
coordination.
What sets attached agencies apart from those under
the departmental supervision or control or
administrative supervision?
An attached agency has a larger measure of
independence from the department to which it is
attached. The attachment is merely for policy and
program coordination.
III. Power of Investigation
Investigatory powers are granted by the
constitution or law to executive or administrative
officials or agencies for a number of purposes:
1. Limited only to information gathering as
basis to recommend appropriate action by
other government agencies or to focus
 public opinion on matters of vital concern.
(Ex. CHR)
2. For prosecution purposes such as the office
of the Public Prosecutor and the
Ombudsman.
3. In aid of the exercise of other powers
granted them like the SEC in the regulation
of private corporation.
*it is the enabling act that defines the extent of
investigatory powers.
When a law authorizes investigation and it provides
that the person investigated be given notice or
accorded the opportunity to be heard, such right
cannot be ignored without violating due process.
What if the law is silent on the matter?
It depends on the the stage during which the
investigation is conducted and the possible
consequences to him of the outcome of such
investigation.
Is the power of the presdient to conduct
investigation limited to proceedings of a legislative
or judicial nature?
No. He has the power to the conduct of investigation
in proceedings whose sole purpose is to obtain
information upon which future action of a
disciplinary, administrative, prosecutor, legislative
or judicial nature may be taken.
Where does the power of investigation of the
president emanate from?
1. His power of supervision and control granted
to him by the constitution
2. From the legislature that grants it to him
(sec. 64c of the Revised Administrative Code)
What is the residual powers of the president?
Sec 20 of the 1987 Administrative Code provides:
“Unless congress provides otherwise, the president
shall exercise such other powers and functions
vested in the president which are provided for under
the laws and which are not specifically enumerated
above or which are not delegated by the president in
accordance with law.
The Presidential Agency on Reforms and
Government Operations (PARGO) was created
through E.O. No. 4 (January 7, 1966) pursuant to Sec
64(c) of the Revised Administration Code
empowering the president to create a presidential
agency to conduct investigations.
In Evangelista v. Jarencio, the issue raised was
whether the agency, acting thru its officials has the
authority to issue subpoenas in its conduct of fact-
finding investigations not in connection with quasi-
judicial or adjudication functions.
The court held in the affirmative.
“Rightly, administrative agencies may enforce
subpoenas issued in the course of investigations,
whether or not adjudication is involved, and
whether or not probable cause is shown and even
before the issuance of a complaint. It is not
necessary, as in the case of a warrant, that a specific
charge or complaint of violation of law be pending
or that the order be made pursuant to one. It is
enough that the investigation be for a lawfully
authorized purpose. The purpose of the subpoena is
to discover evidence, not to prove a pending charge,
but upon which to make one if the discovered
evidence so justifies.”
A. Investigatory powers as incidents of main
function
 Most administrative agencies which has
executive, quasi-legislative and quasi-judicial
powers also have investigatory powers in aid or
as incidents of the exercise of such powers as
means to make the performance of the latter
effective.
 This power allows the body to inspect the
records and premises, and investigate the
activities of persons or entities coming under its
jurisdiction, or require disclosure of information
by means of accounts, records, reports,
testimony of witnesses, production of
documents or otherwise.
 The power of investigation consists in gathering,
organizing analyzing evidence which is a useful
aid or tool in an administrative agency’s
 performance of its rule making or quasi-judicial
functions.
 Investigation is indispensable to prosecution
 The public officer under investigation is entitled
to:
a. Be informed of the charges against him
b. A hearing of said charges
c. An opportunity to meet the evidence against
him
d. To present his own evidence
e. To be furnished with a copy of the
administrative decision so that he may
appeal
 He is not entitled to be informed of the findings
and recommendations of said investigating body
or committee
B. Investigatory power as main function
 They do not exercise judicial function. Its power
is limited to investigating the facts and making
findings in respect thereto.
 The test to distinguish exercise of mere
investigatory power from exercise of judicial
function is that the only purpose of investigation
is to evaluate evidence submitted before it and
if the agency is not authorized to make a final
pronouncement affecting the parties (then
there is absence of judicial discretion and
judgment)
CHR and NBI are perfect examples.
Section 18, Article XIII of the 1987 provides for CHR’s
functions and powers:
“The Commission on Human Rights shall have the
following powers and functions:
(1) Investigate, on its own or on complaint by any
party, all forms of human rights violations involving
civil and political rights;
(2) Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the
protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid
services to the underprivileged whose human rights
have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or
detention facilities;
(5) Establish a continuing program of research,
education, ad information to enhance respect for the
primacy of human rights;
(6) Recommend to the Congress effective measures
to promote human rights and to provide for
compensation to victims of violations of human
rights, or their families;
(7) Monitor the Philippine Government's compliance
with international treaty obligations on human
rights;
(8) Grant immunity from prosecution to any person
whose testimony or whose possession of documents
or other evidence is necessary or convenient to
determine the truth in any investigation conducted
by it or under its authority;
(9) Request the assistance of any department,
bureau, office, or agency in the performance of its
functions;
(10) Appoint its officers and employees in
accordance with law; and
(11) Perform such other duties and functions as may
be provided by law.”
In Carino v. CHR, the SC held that the CHR did not
have the power to adjudicate or exercise quasi-
judicial power, as an incident of its power to
investigate.
Section 1 of RA 157 provides for the powers of NBI
“here is hereby created a Bureau of Investigation
under the Department of Justice which shall have the
following functions:
(a) To undertake investigations of crimes and other
offenses against the laws of the Philippines, upon its
own initiative and as public interest may require;
(b) To render assistance, whenever properly
requested in the investigation or detection of crimes
and other offenses;
(c) To act a national clearing house of criminal and
other informations for the benefit and use of all
prosecuting and law-enforcement entities of the
Philippines, identification records of all persons
without criminal convictions, records of identifying
marks, characteristics, and ownership or possession
of all firearms as well as of test bullets fired
therefrom;
(d) To give technical aid to all prosecuting and law-
enforcement officers and entities of the Government
as well as the courts that may request its services;
(e) To extend its services, whenever properly
requested in the investigation of cases of
administrative or civil nature in which the
Government is interested;
(f) To undertake the instruction and training of a
representative number of city and municipal peace
officers at the request of their respective superiors
along effective methods of crime investigation and
detection in order to insure greater efficiency in the
discharge of their duties;
(g) To establish and maintain an up-to-date scientific
crime laboratory and to conduct researches in
furtherance of scientific knowledge in criminal
investigation;
(h) To perform such other related functions as the
Secretary of Justice may assign from time to time.
C. Investigatory powers of the ombudsman
 The Office of the Ombudsman is a creation of
the constitution. It protects the people against
abuses of government officials and employees.
 It has been granted investigatory, prosecutory
power, public assistance functions, authority to
inquire and obtain information and function to
adopt, institute and implement preventive
measures.
 The law does not require that the act or
omission be related to the performance of an
official duty. It may investigate any crime.
 The ombudsman act did not grant upon the
ombudsman veto or revisory power over an
exercise of judgment or discretion by an agency
or office upon whom the judgement or
discretion is lawfully vested.
Art. XI, Sec 13 provides for the Powers of the
Ombudsman
“The Office of the Ombudsman shall have the
following powers, functions, and duties :
(1) Investigate on its own, or on complaint by any
person, any act or omission of any public official,
employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or
inefficient.
(2) Direct, upon complaint or at its own instance, any
public official or employee of the Government, or
any subdivision, agency or instrumentality thereof,
as well as of any government-owned or controlled
corporation with original charter, to perform and
expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the
performance of duties.
(3) Direct the officer concerned to take appropriate
action against a public official or employee at fault,
and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance
therewith.
(4) Direct the officer concerned, in any appropriate
case, and subject to such limitations as may be
provided by law, to furnish it with copies of
documents relating to contracts and transactions
entered into by his office involving the disbursement
or use of public funds or properties, and report any
irregularity to the Commission on Audit for
appropriate action.
(5) Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents.
(6) Publicize matters covered by its investigation
when circumstances so warrant and with due
prudence.
(7) Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency.
(8) Promulgate its rules of procedure and exercise
such other powers or perform such functions or
duties as may be provided by law.”
Section 15 of RA 6770 (Ombusman Act) also provide
for its powers and functions.
“Section 15. Powers, Functions and Duties. — The
Office of the Ombudsman shall have the following
powers, functions and duties:
(1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of any
public officer or employee, office or agency, when
such act or omission appears to be illegal, unjust,
improper or inefficient.t has primary jurisdiction
over cases cognizable by the Sandiganbayan and, in
the exercise of this primary jurisdiction, it may take
over, at any stage, from any investigatory agency of
Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any
officer or employee of the Government, or of any
subdivision, agency or instrumentality thereof, as
well as any government-owned or controlled
corporations with original charter, to perform and
expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the
performance of duties;
(3) Direct the officer concerned to take appropriate
action against a public officer or employee at fault
or who neglect to perform an act or discharge a duty
required by law, and recommend his removal,
suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21 of
this Act: provided, that the refusal by any officer
without just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee who is
at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground
for disciplinary action against said officer;
(4) Direct the officer concerned, in any appropriate
case, and subject to such limitations as it may
provide in its rules of procedure, to furnish it with
copies of documents relating to contracts or
transactions entered into by his office involving the
disbursement or use of public funds or properties,
and report any irregularity to the Commission on
Audit for appropriate action;
(5) Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents;
(6) Publicize matters covered by its investigation of
the matters mentioned in paragraphs (1), (2), (3)
and (4) hereof, when circumstances so warrant and
with due prudence: provided, that the Ombudsman
under its rules and regulations may determine what
cases may not be made public: provided, further,
that any publicity issued by the Ombudsman shall be
balanced, fair and true;
(7) Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government, and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena
duces tecum, and take testimony in any
investigation or inquiry, including the power to
examine and have access to bank accounts and
records;
(9) Punish for contempt in accordance with the Rules
of Court and under the same procedure and with the
same penalties provided therein;
(10) Delegate to the Deputies, or its investigators or
representatives such authority or duty as shall
ensure the effective exercise or performance of the
powers, functions, and duties herein or hereinafter
provided;

(11) Investigate and initiate the proper action for the

recovery of ill-gotten and/or unexplained wealth
amassed after February 25, 1986 and the
prosecution of the parties involved therein.

The Ombudsman shall give priority to complaints

filed against high ranking government officials
and/or those occupying supervisory positions,
complaints involving grave offenses as well as
complaints involving large sums of money and/or
properties.”