5. Discussion
5.1 Cdk1 is essential in mouse embryogenesis and viability
- Promulgated by Pres. Aquino when she still had legislative powers pursuant to Article XIII, Section 6 (The incumbent President shall continue to exercise legislative powers until the First Congress is convened).
-took effect in 1989, only after 2 years.
The Code is a general law and incorporates into a unified document the major structural, functional and procedural principles of governance and embodies changes in administrative structures and procedures designed to serve the people (Ople v. Torres).
- The Code is divided into seven books:
Book 1 : Sovereignty and General Administration
Book 2: Distibution of Powers of the Three Branches of the Government Book 3: Office of the President
Book 4: Executive Branch
Book 5: Constitutional Commissions Book 6: National Government Budgeting Book 7: Administrative Procedure - includes the Civil Service Law.
Two important definitions of Administrative Law 1. Dean Roscoe Pound
it is that branch of modern law under the executive department of the government, acting in quasi-legislative or quasi-judicial capacity, interferes with the conduct of individual for the purpose of promoting the well being of the community.
2. Professor Goodnow
it is that part of public law which fixes the organization of the government and determines the competence of the authorities who execute the law and indicates to the individual remedies for the violation of his rights.
In both definitions, the focus is on the executive department acting in quasi-legislative and quasi-judicial functions.
THREE IMPORTANT DOCTRINES
(1) DOCTRINE OF QUALIFIED POLITICAL AGENCY
The members of the cabinets are deemed alter egos of the President so that their decision and acts performed in the regular course of business are deemed acts or decisions of the President UNLESS reprobated by the President.
(2) EXHAUSTION OF ADMINISTRATIVE REMEDY
Whenever there is an available administrative remedy provided by law, no judicial recourse can be made until all such remedies have been availed of and exhausted.
(3) DOCTRINE OF PRIMARY JURISDICTION OR PRIOR RESORT
The courts cannot and will not resolve a controversy involving a question, which is within the jurisdiction of an administrative tribunal.
ADMINISTRATIVE AGENCIES
· Generally, the function is EXECUTIVE
· It implements or enforces
Ex: COMELEC - main function is to enforce the laws relative to the conduct of election.
- This is an executive function.
· But the law may vest the agency quasi-judicial and quasi-legislative powers.
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
- refers to the corporate governmental entity through which the functions of the government are exercised throughout the Philippines including various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.
2 COMPONENTS:
(1) Corporate governmental entity, through which the functions of government are exercised throughout the Philippines.
(2) Various arms through which political authority is made effective in the Philippines.
· Thus, LOCAL GOVERNMENTS are included in the definition of GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (a) They are referred to as ―various arms through which political authority is made effective in the Philippines‖ (ADMINISTRATIVE CODE)
(b) They are referred to as ―territorial and political subdivisions of the Republic of the Philippines (Article X, Section 1, 1987 CONSTITUTION).
―The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras.‖
*Under the first component, whether
the agency is an incorporated or unincorporated agency of the government is included in the definitions.
Q. Are government owned or controlled corporations (GOCC's) part of
(2) If the GOCC is performing proprietary function, then it is not part of the definition.
Q. When is a GOCC deemed to be performing proprietary function?
Governmental function?
A. If the purpose is to obtain special corporate benefits, or earn pecuniary profit intended for private benefit, advantage - the function is
proprietary. If it is in the interest of health, safety or the advancement of public good and welfare affecting the public in general - the function is governmental.
VARIOUS ADMINISTRATIVE AGENCIES AGENCY OF THE GOVERNMENT
- refers to any of the various units of the government, including a department, bureau, office, instrumentality, or government owned or controlled corporations, or a local government or
- any principal subdivision or unit of a department (Section 2 [8]
Introductory Provisions E.O. 292) - Ex: BIR under DOF, NBI under DOJ OFFICE
- refers to any major functional unit of a department or bureau including regional offices.
- Ex: Regional Office of the Bureau of Lands.
3 IMPORTANT ADMINISTRATIVE RELATIONSHIPS (Section 38, Chapter 7, Book IV)
ARTICLE VII, Section 17 ARTICLE X, Section 4
Control power of the President -
―The President shall have control of all executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.‖
Power of General Supervision -
―The President of the Philippines shall exercise general supervision over local governments xxx
CONTROL is the power of the superior to direct the performance of a duty, restrain the and their officials perform their functions in accordance with law (no more than that)
CONTROL is the very heart of the power of the President. (Joson V. Torres)
(1) SUPERVISION AND CONTROL
―Supervision and Control shall include authority to act directly whenever a specific function is entrusted by law or regulation to a subordinate; direct the performance of duty, restrain the commission of acts;
review, approve, reverse or modify acts and decision of subordinate officials or units; determine priorities in the execution of plans and programs; and prescribe standards, guidelines, plans and programs. Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies, the word ―control‖ shall encompass supervision and control as defined in this paragraph.
(2) ADMINISTRATIVE SUPERVISION
― Administrative Supervision which shall govern the administrative relationship between a department or its equivalent and regulatory agencies or other agencies as may be provided by law, shall be limited to the authority of the department or its equivalent to generally oversee the operations of such agencies and to insure that they are managed effectively, efficiently and economically but without interference with day to day activities; or 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, to 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, and to review and pass upon budget proposals such agencies but may not increase or add to them.‖
ATTACHMENT
―This refers to the lateral relationship between the department or its equivalent and the attached agency or corporation for purposes of policy and program coordination. The coordination may be accomplished by having the department represented in the governing board of the attached agency or corporation either as chairman or as a member, with or without voting rights.
If this is permitted by the charter, having the attached corporation or agency comply with a system of periodic reporting which shall reflect the progress of programs and projects and having the department or its equivalent provide general policies through its representative in the board, which shall serve as the framework for the internal policies of the attached corporation or agency.‖
OTHER AGENCIES
INSTRUMENTALITY
- refers to any agency of the National Government, not integrated within the department framework vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter.
- this term includes regulatory agencies, chartered institutions and GOCC's. (Sec.2 [16], Introductory Provisions, E.O. 292) REGULATORY AGENCY
- refers to any agency expressly vested with jurisdiction to regulate, administer, or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council. (Sec. 2[4] Introductory Provisions, E.O. 292)
- Ex: PRC, NLRC, SEC, Insurance Commission CHARTERED INSTITUTIONS corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the government directly or through its instrumentalities either wholly or where applicable as in the case of stock corporations to the extent of fifty-one (51%) percent of its capital stock xxx (Section 2[13] Introductory provisions, E.O. 292)
- Provided, the GOCC's may be further categorized by the Department of Budget, Civil Service Commission and the Commission on Audit for purposes of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations.
· These instrumentalities are NOT integrated to the department framework.
· They do not fall within the control power of the president over the departments.
· Under Article VII, Section 17, Instrumentalities are not included.
Q. What are the administrative relationships involved?
A. (1) Regulatory Agencies - mere administrative supervision, to oversee with no interference with the day-to-day operation.
Ex: the relationship between NLRC and Secretary of Labor (Vertical relationship)
(2) Chartered Institution/GOCC - attachment, lateral relationship involving planning and program coordination.
BEJA JR. V. COURT OF APPEALS
An attached agency enjoys more autonomy than an agency placed under administrative supervision. It is free from departmentalized control.
Likewise, an agency under administrative supervision has more autonomy than an agency placed under supervision and control.
ILLUSTRATION
Delegation of Powers Conferment of Jurisdiction QUASI- LEGISLATIVE ADMINISTRATIVE AGENCY QUASI JUDICIAL Administrative Regulations Jurisdiction Rules of Procedure Legislative Interpretative Due Process Supplemental Contingent Contempt Power Appeals
POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES
Q. Generally, how will you describe the functions of an administrative agency?
A. The functions of an administrative agency are to enforce, implement, administer and execute laws.
Q. What kind of function?
A. Executive. These agencies belong to the executive branch. They do not perform legislative and judicial functions. However, these agencies may perform quasi-legislative and quasi-judicial functions.
Ex: COMELEC - to administer all laws relative to plebiscite, referendum, recall
CSC - to administer the Civil Service Law
Note: Not all administrative agencies perform all kind of functions.
Ex: NLRC - exercises in general quasi-judicial function DOLE - the agency that administers labor law
SEC - has an executive function and quasi-legislative; no more quasi-judicial
LTFRB - has quasi-judicial function
CSC - has an executive, quasi-legislative and quasi-judicial power
QUASI-LEGISLATIVE POWER
Q. What do you mean by Quasi-legislative?
A. It refers to the power or authority of an administrative agency to promulgate rules and regulations in order to implement a law or a given legislative policy.
Q. Other names?
A. (1) Rule-making power of an agency (2) Power of Subordinate Legislation
· QUASI-LEGISLATIVE POWER includes the power to promulgate ADMINISTRATIVE REGULATIONS or IMPLEMENTING RULES AND REGULATIONS (IRR), which are pieces of subordinate legislation called mini-laws, which may take the form of circulars or memoranda, but which cannot prevail over the laws.
Q. In what capacity did the Secretary of Labor acted in promulgating the rules and regulations implementing the Labor Code?
A. He acted in his quasi-legislative capacity.
· In exercising quasi-legislative functions, the administrative agency is acting like Congress but not to enact laws. They cannot have more powers than Congress.
· An administrative agency may not exercise this quasi-legislative
function unless it has been expressly delegated to it. It is a delegated power.
DOCTRINE OF DELEGATION OF POWERS
GENERAL RULE: A power that has already been delegated may no longer be delegated.
EXCEPTIONS: Instances of Permissible Delegation of Powers:
(1) Delegation to the PEOPLE through plebiscite and referendum (2) Delegation of EMERGENCY POWERS to the President (3) Delegation to the President of TARIFF POWERS (4) Delegation to ADMINISTRATIVE BODIES (5) Delegation to the LOCAL GOVERNMENT
· The delegation to administrative bodies simply deals with Quasi-Legislative powers.
Ex: Under Section 244, NIRC, ―The Secretary of Finance, upon recommendation of the Commissioner shall promulgate all needful rules and regulations for the effective enforcement of the provisions of this code.‖
- This is a delegation to the Secretary of Finance. Without this delegated authority, the Secretary of Finance may not exercise the power.
· The delegation must be valid. Even if the power has been delegated, if the delegation is invalid, the exercise of the power becomes an abdication of powers. Hence, it is not just a matter of delegating the power. The delegation must be valid.
TEST OF A VALID DELEGATION
(1) COMPLETENESS TEST: The law delegating the power must be complete in all its terms and conditions when it leaves the Congress, so when it reaches the delegates, it will have nothing to do but to enforce it.
(2) SUFFICIENT STANDARD TEST: The law must offer a sufficient standard, which are determinate, or at least determinable to specify the limits of the delegate‘s authority, announce the legislative policy and specify the conditions under which is to be implemented.
KINDS OF ADMINISTRATIVE REGULATIONS
(1) LEGISLATIVE Regulation a. Contingent b. Supplemental
(2) INTERPRETATIVE Regulation Q. What is their distinction?
A. If the regulation is merely interpretative, it will not require publication.
· When Article 2 of the New Civil Code refers to laws, these do not only refer to those enacted by Congress but includes administrative regulations promulgated by administrative bodies in their quasi-legislative functions except those which are merely internal or interpretative in nature. (Tanada v. Tuvera)
Q. What are the REQUISITES OF A VALID ADMINISTRATIVE REGULATION?
A. (1) Its promulgation must be authorized by the legislature
(2) It must be within the scope of authority given by the legislature (3) It must be promulgated in accordance with the prescribed procedure (4) It must be reasonable
FIRST REQUISITE: its promulgation must be authorized by the legislature - meaning, there is a valid delegation of power.
SECOND REQUISITE: it must be within the scope of authority given by the legislature.
- in the exercise of the delegated authority to promulgate administrative regulations, the administrative agency cannot amend the main law it seeks to implement. Otherwise, the delegate will act in excess of authority.
TOLEDO v. COMELEC
Attorney Augusto Toledo, at the time of his appointment was already 57 years old. Upon discovery, COMELEC nullified his appointment on the ground that a provision in the Civil Service Rules on Personal Actions and Policies provides that ―no person shall be appointed or reinstated in the service if he is already 57 years old, unless the President of the Philippines, President of the Senate, Speaker of the House of Representatives or the Chief Justice of the Supreme Court, as the case may be, determines that he possesses special qualifications and his services are needed.
SC: The provision on 57 year old person in the Revised Civil Service Rules under R.A. 2260 cannot be accounted validity. It is entirely a creation of Civil Service Commission, having no basis in the law itself that it was meant to
implement. The power vested in the Civil Service Commission was to implement the law or put it into effect, not to add to it, to carry the law into effect or execution; not to supply perceived omissions in it. By its administrative regulations, of course, the law itself cannot be extended; said regulations cannot amend an act of Congress. The Civil Service Commission is not the Congress. It may not add anything to the Civil Service Law.
THIRD REQUISITE: it must be promulgated in accordance with the prescribed procedure.
- among the prescribed procedure is the requirement of:
a. PUBLICATION
· The clear objective of Article 2 of the NCC is to give the general public adequate notice of the various laws, which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim ignorantia legis non excusat. It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law which he had no notice whatsoever, not even a constructive one.
GR: Publication is required not only to laws passed by Congress, but includes administrative regulations, which are issued in the exercise of quasi-legislative power of the administrative agencies.
XPNs:
(1) interpretative regulation (2) internal regulation
b. Furnish a copy of the administrative regulation to the UP LAW CENTER
- ―Every agency shall file with the UP Law Center three (3) certified copies of every rule adopted by it‖
- there is nothing in the Administrative Code of 1987 which implies that the filing of the rules with the UP Law Center is the operative act that gives the rules force and effect.
FOURTH REQUISITE: it must be reasonable
- it must not be unreasonable, whimsical, oppressive, confiscatory
- must pass the test of reasonableness
- absence of one of these, the administrative regulation ought to
be invalidated.
LAW ON PUBLIC OFFICER