Part 4

Powers and functions of administrative agencies

Powers and functions of administrative agencies are interchangeable – meaning administrative powers
can be executive, legislative, or judicial in nature. These agencies are vested with the responsibility to
interpret guidelines consistently in order to avoid arbitrary and capricious results. Administrative
agency decisions can be reversed as arbitrary or capricious if the decisions lack fairness and if it fails to
indicate any course of reasoning and the exercise of judgment[i].

The Legislature is considered to be the main source of power of an administrative agency.

Administrative agencies only carry the powers conferred upon them either by the statute or by the
constitution. Administrative agencies derive their powers from their enabling legislation and it cannot
exceed that power which is granted by the legislature[ii]. However, administrative agencies do not carry
any inherent, general or common law powers[iii].

Generally, most of the administrative agencies have investigative, rulemaking, and determinative
functions. Additionally, some statutory schemes permits administrative enforcement, and some
administrative agencies are given express authority to reconsider, amend, correct, or modify orders.

An administrative agency must act within its authority even if its action is determined to be legally
incorrect at a later stage.

Quasi-judicial quasi-legislative functions

Nature of Administrative Agency

An administrative agency is a general term that covers any government authority that can act as:

an executive body that serves public interests, which is the reason (rationale) for its existence; it shall
not represent any private interests.

a quasi-legislative body that establishes and prescribes rules and regulations to implement the law; it
shall not have absolute discretion to determine or change the law.

a quasi-judicial body that conducts hearings and decides on cases; it shall not have inherent powers of a
pure judicial court, and its proceedings shall not be bound by all the rules applicable to proceedings in
court.

The administrative agencies act as a mechanism that provides expertise and organizational capability for
the three branches of government.

An administrative agency may be created by

executive order; as in EO 100, s. 1986 that created PIA.

legislation; as in RA 10844 that created DICT.

constitutional provision; as in Art. 9 that created CSC, COMELEC and COA.

An agency is wholly within the power of the law that created it, that prescribes its powers and functions.
It may also be abolished in the same manner it is created if such abolition is justified by the law.

he powers of an administrative agency are:

Executive power - the authority to implement or carry out the policy set out in the law or statute.

Quasi-legislative power - the authority to adopt rules and regulations intended to better carry out the
policy; the function of rule-making.

Quasi-judicial power - the authority to hear and decide on cases in the performance of duty and to
enforce its decisions according to the law; the function of adjudication.

Incidental power - the authority necessary to effectively carry out the above express powers; the use of
enabling, directing, dispensing, examining and prosecuting functions. It is often referred to as the
determinative power.

The scope of such powers are:

expressly granted by the legislation and those necessarily implied in the exercise thereof.[2]

deprived of quasi-judicial powers unless it is expressly granted.[3]

liberally interpreted by legislation to enable the accomplishment of assigned duties in accordance

with the legislative purpose.[4] he powers of an administrative agency are:

 Executive power - the authority to implement or carry out the policy set out in the law or
statute.
 Quasi-legislative power - the authority to adopt rules and regulations intended to better carry
out the policy; the function of rule-making.
 Quasi-judicial power - the authority to hear and decide on cases in the performance of duty
and to enforce its decisions according to the law; the function of adjudication.
 Incidental power - the authority necessary to effectively carry out the above express powers;
the use of enabling, directing, dispensing, examining and prosecuting functions. It is often
referred to as the determinative power.
The scope of such powers are:
 expressly granted by the legislation and those necessarily implied in the exercise thereof.[2]
 deprived of quasi-judicial powers unless it is expressly granted.[3]
 liberally interpreted by legislation to enable the accomplishment of assigned duties in

 accordance with the legislative purpose.[4]
Administrative Rule-Making
main article: Administrative Rule-Making
Rule-making is the function of administrative agencies to promulgate rules and regulations to carry
out the general provisions of a law into effect. It may also be referred to as subordinate legislation.
An administrative agency must promulgate administrative/implementing rules and regulations in
harmony with the law and not in violation of the authority conferred on the agency.[5]
An administrative agency shall publish or circulate notices of proposed rules and regulations as well
as provide an opportunity to interested parties to submit their views regarding the adoption of any
rule.[6]
The promulgation of implementing rules and regulations may be interrupted or set aside by the
judicial department if there is an error of law, a grave abuse of power or lack of jurisdiction or grave
abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment.[7]

The implementing rules and regulations are also subject to amendment or repeal by the agencies
that promulgated them, or by the legislature.

Administrative Adjudication
main article: Administrative Adjudication
Administrative adjudication is the function of administrative agencies to conduct hearings and
decide on cases in the duty of carrying out a law.

An administrative agency must have jurisdiction to give validity to its determinations/decisions as a

quasi judicial body or tribunal. Such jurisdiction is limited and dependent entirely on the source of its
authority, which is either from the statutes or the Constitution.

An administrative agency is normally granted the authority to promulgate its own proceeding (rules
of procedures), provided they do not violate fundamental rights and the Constitution. Such rules of
procedures shall remain effective unless disapproved by the Supreme Court.[8]
An administrative proceedings is not required to adapt formal court rules that govern purely judicial
proceedings. However, it is essential for any proceeding to observe due process.

The decision rendered by an administrative agency in a case shall be in writing and shall clearly
state the facts and legal basis. The agency shall decide each case within 30 days following its
submission.

The decision of the agency is final and executory after the receipt of copy of such decision by the
party who lost the case. However, an administrative appeal or judicial review may be perfected
before the finality of the decision.[9]
An administrative agency shall publish and make available for public inspection all decisions or final
orders in the adjudication of contested cases.[10]

Express and Implied Functions

Administrative agencies are official governmental bodies empowered by the

legislature with the authority to direct and supervise the implementation of certain
legislative acts.

Administrative agencies are creations of legislatures with no inherent authorities

of their own[1]. Also, custom or usage does not invest administrative agencies
with authority. Administrative agencies derive their powers from the U.S.
constitution, statutes, and some other legislative enactment.

Statutes delegate powers to agencies because legislatures cannot predict all

circumstances that must be considered to achieve the legislative
purpose. However, statutes that confer powers on administrative agencies
unavoidably contain generalities, gaps, and ambiguities. Mostly, an agency’s
power to act often depends on specific applications in the statutes for which gaps
must be filled and ambiguities resolved. Generally, in addition to the express
powers conferred by legislature, the agencies have whatever implied powers or
incidental powers that are reasonably necessary to effectuate these express
powers.

The implied power that administrative agencies possess is not

unlimited[2]. Administrative agencies’ exercise of unlimited inherent authority is
subject to judicial review.

However, administrative agencies have an inherent right to amend their

records. When records are incorrect, they can be corrected. Similarly,
typographical or clerical errors can be corrected at any time.

Different state courts have provided different opinions regarding administrative

agencies’ implied powers. Some courts are of the opinion that wide latitude must
be given to administrative agencies for fulfilling their duties. These courts
provide that to carry out a delegated power an administrative agency’s implied
power is not compulsory. In their opinion the implied power need only be an
appropriate power to effectuate the delegated duties. Certain other courts state
that administrative agencies should not be provided with implied powers beyond
what is necessary for just and reasonable execution of duties delegated to
them. In Clancy’s Lawn Care & Landscaping v. Mississippi State Bd. of Contrs.
707 So. 2d 1080, 1083 (Miss. 1997) the court held that if an administrative
agency exercises power not evidently granted by the legislature or can not be
necessarily implied from statutes granting power to the agency, then the
agency’s decision is not valid. In the case the court interpreted ‘necessarily
implied’ as ‘a logical necessity’. This means that no other interpretation can be
construed from the words of the statute other than what is logically permitted.

Part 5

Executive Power of Investigation

Page 36
Notice and hearing

Page 36

Residual Powers of the President

Sec. 20. Residual Powers. - 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.chanrobles virtual law library

investigatory powers of the commision on human rights

The Commission derives its mandates from the Constitution, relevant domestic laws, and the eight core
International Human Rights Instruments to which the Philippines is a State Party, as well as other United
Nations Human Rights Conventions newly enforced.

Under Section 18, Article XIII of the Philippine Constitution, the Commission's sole duty is to protect the
civil and political rights of citizens in the Philippines.

Based on the Philippine Constitution, the Commission has a broad mandate, which can be categorized
into three major functional areas:

Human Rights Protection - Investigation and case management of complaints of violations, including all
the powers and services in aid of investigation, of civil and political rights as well as economic, social,
and cultural rights. Such powers and services include: citing for contempt for violations of its rules of
procedure; legal aid and counseling; visitorial powers over jails and detention facilities; application of
forensic techniques in aid of investigation; witness protection; and, financial assistance to victims[11]

Human Rights Promotion, which includes the wide range of strategies for policy, advocacy, promotion,
social mobilization, education, training, public information, communication, research, networking and
linkages [11]

Human Rights Policy Advisory derived from monitoring government’s compliance with the treaty
obligations that the Philippines has acceded to: International Covenant on Civil and Political Rights
(ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention Against
Torture and Other Degrading Treatment or Punishment (CAT), Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), Convention Against Racial Discrimination (CERD),
Convention on the Rights of the Child (CRC), Convention on the Protection of Migrant Workers and their
Families (CMW); Convention on the Rights of Persons with Disabilities (CRPD). This also includes the
entire aspect of monitoring and evaluating the performance of the Executive, Legislative, and Judiciary
to translate international human rights standards into national policies, laws, and practice.[11]

The Supreme Court of the Philippines, in Cariño v. Commission on Human Rights, 204 SCRA 483 (1991),
declared that the Commission did not possess the power of adjudication, and emphasized that its
functions were primarily investigatory.[12]

Investigatory powers of the Ombudsman

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. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the
exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of
Government, the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec. 13(1), Article XI,
1987 Constitution);

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 (Sec. 15(2) R.A. No. 6770;
Sec 13(2) Article XI, 1987 Constitution);

Direct the officer concerned to take appropriate action against a public officer or employee at fault or
who neglects 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 or 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 ground for disciplinary action against said officer (Sec. 15(3)
R.A. No. 6770; see also Sec 13(3), Article XI, 1987 Constitution);

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 (Sec. 15(4) R.A. No. 6770; see also Sec.
13(4), Article XI, 1987 Constitution);

Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents (Sec. 15(5), R.A.
No.6770; see also Sec. 13(5), Article XI, 1987 Constitution);

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 determine what cases may not be made public:
Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and true (Sec
15(6) R.A. No. 6770; see also Sec 13(6), Article XI, 1987 Constitution);

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 (Sec 15(7) R.A. No. 6770; see also Sec 13(7), Article XI, 1987 Constitution);

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 (Sec 15(8),
R.A. No. 6770);

Punish for contempt in accordance with the Rules of Court and under the same procedure and with the
same penalties provided therein (Sec 15(9), R.A. No. 6770);

Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure
the effective exercise of performance of the powers, functions, and duties herein or hereinafter
provided (Sec 15(10), R.A. No. 6770);

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 (Sec 15(11), R.A.
No. 6770);

Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as
may be provided by law (Sec 13(7), Article XI, 1987 Constitution; see also Sec. 18, R.A. No. 6770);

Under R.A. No. 157

1. Undertake investigation of crimes and other offenses against the laws of the Philippines, upon its own
initiative and as public interest may require;

2. To render assistance, whenever properly requested in the investigation or detection of crimes and
other offenses;

3. To act as a national clearing house of criminal and other information for the benefit use of all
prosecuting and law enforcement entities of the Philippines; identification records of identifying marks,
characteristics, and ownership or possession of all firearms as well as of test bullets fired therefrom;

4. 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;

5. To extend its services, whenever properly requested in the investigation of cases of administrative or
civil in nature in which the government is interested;

6. To establish and maintain an up-to-date scientific crime laboratory and to conduct researches in
furtherance of scientific knowledge in criminal investigation;
7. To perform such other related functions as the Minister (Secretary since 1987) of Justice may assign
from time to time.

B. Under Letter of Instructions (LOI) No. 20

-The National Bureau of Investigation shall, among others, be responsible for the efficient detection and
investigation of crimes and other offenses against the laws of the Philippines, upon its own initiative and
as public interest may require, rendering assistance, whenever properly requested in the investigation
or detection of crimes and other offenses; and coordinating with other national and local police
agencies in the maintenance of peace and order.

C. Under Letter of Instructions (LOI) No. 784 dated 20 December 1978, to quote in part: "(2) The
Criminal Investigative Service and the National Bureau of Investigation shall, in addition to the functions
provided by law, be the investigation arm of the Tanodbayan."

IN RE: JUDGE RODOLFO MANZANO

FACTS:

Judge Rodolfo U. Manzano, an Executive Judge in RTC in Bangui, Ilocos Norte was appointed as a
member of Provincial Committee on Justice created pursuant to Presidential EO 856. Petitioner
requested the Court to allow him to accept the appointment and to consider his membership in the
committee as neither violative to his judicial function. He also added that his membership in the said
Committee is still part of the primary functions of an Executive Judge.

Upon examination of EO 856 reveals that Provincial/City Committees on Justice are created to insure the
speedy disposition of cases of detainees, particularly those involving the poor and indigent ones, thus
alleviating jail congestion and improving local jail conditions. Among the functions of the Committee
are—

3.3 RECEIVE COMPLAINTS AGAINST ANY APPREHENDING OFFICER, JAIL WARDEN, FINAL OR JUDGE WHO
MAY BE FOUND TO HAVE COMMITTED ABUSES IN THE DISCHARGE OF HIS DUTIES AND REFER THE SAME
TO PROPER AUTHORITY FOR APPROPRIATE ACTION;

3.5 RECOMMEND REVISION OF ANY LAW OR REGULATION WHICH IS BELIEVED PREJUDICIAL TO THE
PROPER ADMINISTRATION OF CRIMINAL JUSTICE.

ISSUE:

Whether the membership of Judge Manzano in the Ilocos Norte Provincial Committee discharges as
administrative functions and will be in violation of the Constitution.

HELD:
Yes. Administrative functions are those which involve the regulation and control over the conduct and
affairs of individuals for; their own welfare and the promulgation of rules and regulations to better carry
out the policy of the legislature or such as are devolved upon the administrative agency by the organic
law of its existence.

Considering that membership of Judge Manzano in the Provincial Committee on Justice involves the
exercise of administrative functions, hence, it will be in violation of the Constitution.

Petition is denied.