FUNCTIONS OF LOWER

EXECUTIVE OFFICERS

Control, Supervision and Review
by other executive officials

ADMINISTRATIVE LAW
Concepts to remember..
Power of control The power of an officer to
alter, modify, nullify or set aside what a
subordinate officer had done in the performance
of his duties.

Supervision means overseeing or the power or
authority of an officer to see that their
subordinate officers perform their duties



Review is a reconsideration or
reexamination for purposes of correction
Supervision and control.
Under the 1987 administrative code, sec
38 [1] Book IV, supervision and control
include only the authority to:

Act directly whenever specific function is
entrusted by law or regulation to a
subordinate.


Direct the performance of duty; restrain
commission of acts.
Review, approve, reverse, or modify acts and
decisions of subordinate officials or units.
Determine priorities in the execution of plans
and programs
Prescribe standards, guidelines, plans and
programs


Administrative supervision
Sec 38 [2] a book IV
Governs the administrative relationship between
a department or its equivalent and regulatory
agencies as maybe limited to the authority or its
equivalent to generally oversee the operations of
such agencies and to insure they are managed:
Effectively
Efficiently
Economically
Require the submission of reports and cause
the conduct of:
Management Audit
Performance Evaluation and inspection
Determine compliance with policies,
standards and guidelines
Take action as maybe necessary for
proper performance of official functions
Limitations.
Sec 38 [2] b book IV
Such authority shall not however extend to:
Appointments and other personnel actions in accordance
with the decentralization of personnel functions under
the Code,

except appeal is made from an action of the appointing
authority, in which case the appeal shall be initially sent
to the department or its equivalent, subject to appeal in
accordance with law.
Contracts entered into by the agency in
the pursuit of its objectives,

the review of which and other procedures
related thereto shall be governed by
appropriate laws, rules and regulations
The power to review, reverse, revise, or
modify the decisions of regulatory
agencies

in the exercise of their regulatory or quasi-
judicial functions
Sec 38 [2] c
Unless a different meaning is explicitly provided in
the specific law governing the relationship of
particular agencies, the word supervision shall
encompass administrative supervision as
defined in this paragraph
Line Bureau Authority
Line bureaus of a department shall exercise
supervision and control over their regional and
other field offices.

They shall be directly responsible for the
development and implementation of plans and
programs within their respective functional
specializations; and
(2) The regional and other field offices shall constitute
the operating arms of the bureau concerned for the
direct implementation of the plans and 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.
Illustration
The secretary of justice in his exercise of his
power of direct control and supervision
may affirm, nullify, reverse, or modify
rulings of prosecutors to file information or
dismiss criminal complaints lodged with
them for preliminary investigation
Review by the secretary of justice as an act of
supervision and control finds basis in the
doctrine of exhaustion of administrative
remedies which holds that mistakes, abuses or
negligence committed in the initial steps of
administrative activity should be corrected by
higher administrative authorities and not filed
directly to courts.
Case
Drilon v. Lim 235 SCRA 135 1994
Then Secretary of Justice, pursuant to the authority granted upon
him by Section 187 of the LGC and upon appeal of concerned
parties, declared the Manila Revenue Code null and void for non-
compliance with the prescribed procedure in the enactment of local
tax ordinances and for containing provisions contrary to law and
public policy.

Upon appeal to the RTC, the trial judge reversed the order of
petitioner and, in addition, declared Section 187 of the LGC
unconstitutional as it gave the Secretary of Justice the power of
control over local governments in violation of the principle of local
autonomy mandated by the Constitution. The RTC ruled that the
Executive only had the power of supervision and not
control.

Issue: W.O.N, the secretary of justice
exercises the power of supervision or of
control in the discharge of his duties
Held:
The SC overruled the trial court insofar as it declared
Section 187 unconstitutional. The power of control
encompasses the power to lay down the rules in
the accomplishment of an act. If they are not
followed, the one in control may order the act
done, re-done, or do it himself. On the other hand,
the power to supervise only entails a determination of
WON the rules were followed and to have the work done
or re-done in accordance with the prescribed rules.

Contrary to the holding of the lower court, the SC said
that the provision only gave the Secretary of
Justice the power to supervise, not control, in
that the Secretary of Justice could only determine
the constitutionality or legality of the local tax
ordinance and revoke them on such grounds. The
provision did not empower the Secretary to
substitute his own judgment for the judgment of
the LGU; the Secretary was not authorized by Section
187 to determine whether the law was wise or
reasonable or otherwise a generally bad law. He was
given no discretion in the matter.
Sichago vs. Board of Commissioners of
Immigration 94 SCRA 61
Where the law confers upon a department secretary
supervision and control over subordinate officers , the
department head can modify, nullify, or set aside the
decision of the subordinate officer can even directly
exercise the powers granted to the latter.
Corona Vs. CA 214 SCRA 378
The department secretarys supervision and control
overall bureaus and offices under his jurisdiction is
limited to the bureaus and officers under him but does
not extend to agencies attached to the department.

Attachment for administrative purposes refers to the
lateral relationship between the department and the
attached agency for purposes of policy and program
coordination .
Accomplished by having the department represented in
the governing board of the attached agency.

An attached agency has a larger measure of
independence from the department to which it is
attached .






Kilusang Bayan sa Paglilingkod ng mga Magtitinda ng
Bagong Mailihang Bayan ng Muntinlupa, Inc. vs.
Dominguez
205 SCRA 92
Does the secretary of agriculture have the
power to control supervision by taking over the
management of a cooperative and removing all
its directors, even when its by-laws provide that
they can only be removed by a majority of its
members, under the secretarys regulatory and
supervisory powers provided by law?
Ruling: NO
An administrative officer has only such powers as are
expressly granted to him and those necessarily implied
in the exercise thereof. These powers should not be
extended by implication beyond what may to necessary
for their just and reasonable execution.

Supervision and control include only the authority to: (a) act directly
whenever a specific function is entrusted by law or regulation to a
subordinate; (b) direct the performance of duty; restrain the commission of
acts; (c) review, approve, reverse or modify acts and decisions of
subordinate officials or
units; (d) determine priorities in the execution of plans and programs; and
(e) prescribe standards, guidelines, plans and programs. Specifically,
administrative supervision is limited to the authority of the department or
its equivalent to: (1) generally oversee the operations of such agencies and
insure that they are managed effectively, efficiently and economically but
without interference with day-to-day activities; (2) require the 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; (3) take such action as may be necessary
for the proper performance of official functions, including rectification of
violations, abuses and other forms of mal-administration;
The power to summarily disband the board of directors may not be inferred
from any of the foregoing as both P.D. No. 175 and the by-laws of the
KBMBPM explicitly mandate the manner by which directors and officers are
to be removed. The Secretary should have known better than to disregard
these procedures and rely on a mere petition by the general membership of
the KBMBPM and an on-going audit by Department of Agriculture auditors
in exercising a power which he does not have, expressly or impliedly. We
cannot concede to the proposition of the Office of the Solicitor General that
the Secretary's power under paragraph (d), Section 8 of P.D. No. 175 above
quoted to suspend the operation or cancel the registration of any
cooperative includes the "milder authority of suspending officers and calling
for the election of new officers." Firstly, neither suspension nor cancellation
includes the take-over and ouster of incumbent directors and officers,
otherwise the law itself would have expressly so stated. Secondly, even
granting that the law intended such as postulated, there is the requirement
of a hearing. None was conducted. Due process is guaranteed by the
Constitution and extends to administrative proceedings.
Phil. Gamefoul Commission v. IAC
46 SCRA 294

We have consistently held that supervision means "overseeing or the power or
authority of an officer to see that their subordinate officers perform their duties. If
the latter fail or neglect to fulfill them, the former may take such action or steps as
prescribed by law to make them perform their duties."
17
Supervision is a lesser
power than control, which connotes "the power of the officer to alter or modify or set
aside what a subordinate had done in the performance of his duties and to substitute
the judgment of the former for that of the latter." Review, on the other hand, is a
reconsideration or reexamination for purposes of correction.

As thus defined, the power of supervision does not snow the supervisor to annul the
acts of the subordinate, for that comes under the power of control. What it can do
only is to see to it that the subordinate performs his duties in accordance with law.
The power of review is exercised to determine whether it is necessary to correct the
acts of the subordinate. If such correction is necessary, it must be done by the
authority exercising control over the subordinate or through the instrumentality of the
courts of justice, unless the subordinate motu proprio corrects himself after his error
is called to his attention by the official exercising the power of supervision and review
over him.

We have consistently held that supervision means "overseeing or the power or
authority of an officer to see that their subordinate officers perform their duties. If
the latter fail or neglect to fulfill them, the former may take such action or steps as
prescribed by law to make them perform their duties."
17
Supervision is a lesser
power than control, which connotes "the power of the officer to alter or modify or set
aside what a subordinate had done in the performance of his duties and to substitute
the judgment of the former for that of the latter." Review, on the other hand, is a
reconsideration or reexamination for purposes of correction.

As thus defined, the power of supervision does not snow the supervisor to annul the
acts of the subordinate, for that comes under the power of control. What it can do
only is to see to it that the subordinate performs his duties in accordance with law.
The power of review is exercised to determine whether it is necessary to correct the
acts of the subordinate. If such correction is necessary, it must be done by the
authority exercising control over the subordinate or through the instrumentality of the
courts of justice, unless the subordinate motu proprio corrects himself after his error
is called to his attention by the official exercising the power of supervision and review
over him.