ADMINISTRATIVE LAW

WEEK 1&2

ARATUC v. COMELEC

COMELEC, as the superior administrative body having control and supervision over
board of canvassers, may conduct extensive inquiries beyond the election records to
render appropriate decision. The authority of the Commission is conferred from the
plenary prerogative of direct control and supervision endowed to it by Section 168 of
the Revised Election Code of 1978.

MACEDA v. ENERGY REGULATORY BOARD

a. The Energy Regulatory Board, as an administrative body, is not bound by the

strict or technical rules of evidence governing court proceedings. i.e. In matters
of rate r price fixing, such act is considered as exercising a quasi-legislative,
not quasi-judicial function
b. The ERB, an administrative body under the Office of the President, its decisions
should be appealed to the President under the established principle of
exhaustion of administrative remedies however, no law at present is authorizing
the same.

MALAGA v. PENACHOS

Government 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
includes regulatory agencies, chartered institutions, and government-owned or
controlled corporations

Chartered Institution refers to any agency organized or operation under a special

charter, and vested by law with functions relating to specific constitutional policies or
objectives. This includes state universities and colleges, and the monetary authority
of the State.

UNITED RESIDENTS OF DOMINICAN HILLS v. COMMISSION ON SETTLEMENT

OF LAND PROBLEMS

Administrative agencies are not considered courts—they are neither part of the judicial
system nor are they deemed judicial tribunals; The doctrine of separation of powers
observed in our system of government reposes the three (3) great powers into its three
(3) branches—the legislative, the executive, and the judiciary—each department being
co-equal and coordinate, and supreme in its own sphere, and, accordingly, the
executive department may not, by its own fiat, impose the judgment of one of its own
agencies, upon the judiciary.

“Quasi-judicial function” is a term which applies to the actions, discretion, etc. of public
administrative officers or bodies, who are required to investigate facts, or ascertain the
existence of facts, hold hearings, and draw conclusions from them, as a basis for their
official action and to exercise discretion of a judicial nature.”
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WEEK 1&2

Agency Department Bureau Office

any of the various refers to an any principal refers, within
units of the executive subdivision of any framework of
government, department created department governmental
including a by law organization, to any
department, bureau, major functional unit
office, of a department or
instrumentality, or bureau including
government-owned regional offices
or controlled
corporation, or a
local government or
a distinct unit therein

ANAK MINDANAO PARTY-LIST GROUP v. EXECUTIVE SECRETARY

The President has the power to merge administrative agencies created by a statute.
He has control over the executive department, bureaus and offices. He has the
authority to assume directly the functions of the executive department, bureau and
office, or interfere with the discretion of its officials. The Constitution’s express grant
of the power of control to the President justifies and executive action to carry out
reorganization measures under a broad authority of law. (Sec 30,31 AC1987)

BEJA SR. v. COURT OF APPEALS

An officer may be granted disciplining authority and jurisdiction to investigate and

decide matters involving disciplinary actions against officers and employees even
without approval of the administrative agency’s board of directors.

A preventive suspension imposed during pendency of an administrative investigation

is not a penalty in itself. It is merely a measure of precaution so that the employee who
is charged may be separated from the scene of his alleged misfeasance while the
same is being investigated. It is different from administrative penalty of removal from
office which may only be meted upon the termination of the investigation or the final
disposition of the case.

EUGENIO v. CIVIL SERVICE COMMISSION

An administrative agency created by law can only be abolished by the legislature. This
follows and unbroken stream of rulings that the creation of public offices is primarily a
legislative function. The essential autonomous character of an agency albeit
administratively attached to another is not negated by its attachment. Under the
AC1987, the purpose of attaching one functionally inter-related government agency to
another is to attain “policy and program coordination”.

MANILA INTERNATIONAL AIRPORT AUTHORITY v. CITY OF PASAY

A government instrumentality vested with corporate powers and performing essential

public services pursuant to the Introductory Provisions of the AC is not subject to any
kind of tax by local government pursuant to the Local Government Code. Properties
devoted to public use are properties of public dominion owned by the State and as
such exempt from real estate tax.
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WEEK 1&2

Government Instrumentality Government – owned or controlled

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 government-
owned or controlled corporations.
corporation
any agency organized as a stock or non-
stock 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 at
least fifty- one (51) percent of its capital
stock: Provided, that government- owned
or controlled corporations may further be
categorized by the department of Budget
the Civil Service Commission, and the
Commission on Audit for the purpose of
the exercise and discharge of their
respective powers, functions and
responsibilities with respect to such
corporations.

LIBAN v. GORDON

An elected official cannot hold position to any other office or employment in the
Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have
been created or the emoluments thereof increased during the term for which he was
elected. (Constitution)

BOY SCOUTS OF THE PHILIPPINES v. NATIONAL LABOR RELATIONS

COMMISSION

BSP, as one of the attached agencies of the Department of Education, Culture and
sports by AC1987 may be regarded as both a “government controlled corporation with
an original charter” and as an “instrumentality” of the government. It follows that its
employees are embraced within the Civil Service and are accordingly governed by the
Civil Service law and Regulations hence NLRC has no jurisdiction over the agency.
(government employees are not within the jurisdiction of the NLRC)

YAMANE v. BA LEPANTO CONDOMINIUM CORPORATION

The basic law of jurisdiction confers appellate jurisdiction on the CA over final rulings
of quasi-judicial agencies, instrumentalities, boards or commission, by explicitly using
the phrase “appellate jurisdiction”. The power to create or characterize jurisdiction of
courts belongs to the legislature.

COMMISSIONER OF THE INTERNAL REVENUE v. PHILIPPINE AMERICAL

ACCIDENT INSURANCE COMPANY

It is a well-settled rule that an administrative interpretation of a law which has been

followed and applied for a long time, and thereafter the law is re-enacted without
substantial change, such administrative interpretation is deemed to have received
legislative approval. In short, the administrative interpretation becomes part of the law
as it is presumed to carry out the legislative purpose.
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WEEK 1&2

The Court of Tax Appeals dedicated exclusively to the study and consideration of tax
problems has necessarily developed and expertise in the subject of taxation. The
findings of fact the CTA, particularly when affirmed by the CA, are generally conclusive
absent abuse of discretion or palpable error.

BANDA v. ERMITA

It is a well-settled principle in jurisprudence that the President has the power to

reorganize the offices and agencies in the executive department in line with the
President’s constitutionally granted power of control over executive offices and by
virtue of previous delegation of the legislative power to reorganize executive offices
under existing statutes. Section 31 of the Administrative Code of 1987 authorizes the
President (a) to restructure the internal organization of the Office of the President
Proper, including the immediate Offices, the President Special Assistants/Advisers
System and the Common Staff Support System, by abolishing, consolidating or
merging units thereof or transferring functions from one unit to another, and (b) to
transfer functions or offices from the Office of the President to any other Department
or Agency in the Executive Branch, and vice versa. The President implicitly has the
power to effect less radical or less substantive changes to the functional and internal
structure of the Office of the President, including the modification of functions of such
executive agencies as the exigencies of the service may require.

PICHAY v. OFFICE OF THE DEPUTY EXECUTIVE SECRETARY FOR LEGAL

AFFAIRS INVESTIGATIVE AND ADJUDICATION DIVISION

The Office of the President is the nerve center of the Executive Branch. To remain
effective and efficient, the Office of the President must be capable of being shaped
and reshaped by the President in the manner he deems fit to carry out his directives
and policies. After all, the Office of the President is the command post of the President.
An abolition of an office and transfer of its function to a division is properly within the
prerogative of the President under his continuing “delegated legislative authority to
reorganize” his own office.