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
PUBLIC OFFICERS
 The government can do no wrong
 The government is not stopped by the
mistakes or errors of its officials or
agents
 Errors of public officers should never
deprive the people of the right to rectify
them and recover what might be lost or
bartered away in any action, deal or
transaction concerned
 Unauthorized acts of government
officials are not acts of the state, and an
action against the officials by one
whose rights have been invaded or
violated by such acts, for the protection
of his rights, not a suit against the state
within the rule of immunity of the state
from suit
PRESUMPTION OF REGULARITY
 Government officials are presumed to
perform their functions with regularity
and strong evidence is necessary to
rebut this presumption
 Acts done in the performance of official
duties are protected by the
presumption of good faith, and even
mistakes committed by such public
officers are not actionable as long as it
is not shown that they were motivated
by malice or gross negligence
amounting to good faith
Chapter II Power of Control, Supervision and
Investigation
EXECUTIVE POWER OF THE PRESIDENT
 The President is the Chief
Administrative Officer of the
Government
 He welds all administrative powers that
inhere in such position
PRESIDENT’S POWER OF CONTROL
Section 17, Article VII of the 1987 Constitution
The President shall have control of all the
executive departments, bureaus, and offices. He
shall ensure that the laws be faithfully
executed.
 The power of control means his power
to alter or modify or nullify or set aside
what a subordinate officer had done in
the performance of his duties and to
substitute his judgment with that of the
latter
 The right of the President to interfere in
the exercise of such discretion as may
be vested by law in the officers of the
executive departments, bureaus, or
offices of the national government
 The President can do what any of his
cabinet secretary can lawfully do as
conferred by law
DOCTRINE OF QUALIFIED POLITICAL AGENCY
 The President’s power of control is
directly exercised by him over the
members of the Cabinet who, in turn,
and by his authority, control the
bureaus and other offices under their
respective jurisdictions in the executive
departments
 The acts of a department Secretary are
presumed to be the acts of the
President
LIMITATIONS ON THE PRESIDENT’S CONTROL
POWER
1. The abolition or creation of an
executive office
2. The suspension or removal of career
executive officials or employees
without due process of law
3. The setting aside, modification, or
supplanting of decisions of quasi-
judicial agencies, including that of the
Office of the President, on contested
cases that have become final pursuant
to law or to rules and regulations
promulgated to implement the law
PRESIDENT’S POWER OF SUPERVISION
 The president may have only the power
of supervision which is only overseeing
or the power to see that the officials
concerned perform their duties, and if
they later fail or neglect to fulfil them,
to take such action or steps as
prescribed by law or make them
perform their duties
 Supervisory power – the power of mere
oversight over an inferior body; it does
not include any restraining authority
over such body
CONTROL, SUPERVISION AND RECIEW BY
OTHER EXECUTIVE OFFICIALS
 The department secretary exercises
control, supervision and review of acts
done by subordinate officials and
employees in his department
 Supervision – means overseeing or the
power or authority of an officer to see
that their subordinate officers perform
their duties; it is a lesser power than
control; it does not allow the superior
to annul the acts of the subordinate,
what he can only do is to see to it that
the subordinate performs his duties in
accordance with the law
 Review – a reconsideration or re-
examination for purposes of correction;
exercised to determine whether it is
necessary to correct the act of the
subordinate; it includes the power to
disapprove but it does not carry the
authority to substitute one’s own
preferences for that chosen by the
subordinate in the exercise of its sound
discretion
Supervision and control include the authority
to:
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 the 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
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
4. Review and pass upon budget proposals
of such agencies but may not increase
or add to them
 The department secretary’s supervision
and control over all bureaus and offices
under his jurisdiction is limited to the
bureaus and offices under him, but
does not extend to agencies attached to
the department
 Attachment – 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 shall 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
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
POWER OF INVESTIGATION
 It has been granted by the Constitution
of the legislature to executive or
administrative officials or agencies for a
number of purposes
NOTICE AND HEARING IN INVESTIGATION
 One of the cardinal requirements of due
process
EXECUTIVE POWER OF INVESTIGATION
 The President has the power to order
the conduct of investigation for a
number of purposes, such as for all
administrative functions, rule-making,
adjudication, and for purposes no more
specific than illuminating obscure areas
to find out what if anything should be
done
 The President may make investigations,
not only in proceedings of a legislative
or judicial nature, but also in
proceedings whose sole purpose is to
obtain information upon which future
action of a disciplinary, administrative,
prosecutory, legislative or judicial
nature may be taken
 The President’s investigatory power
emanates from his power of supervision
and control over all executive
departments, bureaus, and offices; his
supervision over LGUs; and his power of
appointment of presidential
appointees, which are conferred upon
him by the Constitution
 The President may do so thru an
executive officer, or create a body or
committee to conduct the investigation,
empower said officer, body or
committee to issue subpoena and
subpoena duces tecum for the purpose,
and to make recommendations, on the
basis of which he will make his
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