II. Organization of Administrative Agencies - Coggle Diagram
II. Organization of Administrative Agencies
A. CREATION OF ADMINISTRATIVE AGENCIES
- Agencies can be created either through legislation or, constitutional provisions.
CONSTITUTIONAL PROVISIONS -
These cannot be legislated out of existence, e.g. Civil Service Commission, CoA, COMELEC.
LEGISLATIVE ENACTMENTS -
These are subject to change through legislation, which in turn is subject to constitutional limitations. (Lawmaking authority must state when the purpose of the statute is to abolish and replace an organization.
- Congress can delegate power to create positions e.g. delegate to executive power to create investigative agencies.
B. TYPES OF ADMINISTRATIVE AGENCIES (ACCDG TO PURPOSE OF GOVERNMENT)
- Note that this enumeration is non-exclusionary. Agencies may fall under one or more type.
- Grants or special privileges, such as SSS, PAO, etc.
B2. SPECIFIC FUNCTIONS
- Administrative agencies with specific areas of regulation e.g. BIR, Customs, Immigration, etc.
B3. BUSINESS SERVICE
- Agencies that provide business services for the public e.g. Philippine Postal Corp., Phil Nat. Railway, NEA, NFA, NHA
B4. REGULATION OF BUSINESS
B4.1. THOSE AFFECTED WITH PUBLIC INTEREST
- Insurance Commission, LTFRB, HLURB, NRC, etc.
B4.2. PRIVATE BUSINESSES AND INDIVIDUALS
- SEC, MTCRB, GAB, DDB
B5. INDIVIDUAL CONTROVERSIES
- Regulates specific controversies due to strong social policy involved. e.g. NLRC, DAR, COA, ECC
C. STATUS OR CHARACTER OF PARTICULAR ADMINISTRATIVE AGENCIES
C1. PUBLIC/GOVERNMENTAL AGENCIES
- Generally, agencies are seen as agencies of the state or government, with no private interests of their own. They are agents of the government.
- Agencies that exercise quasi-judicial functions are not courts in the strict sense. They cannot exercise purely judicial functions and do not have inherent powers of a court. However, they may exercise adjudicatory powers to further their regulatory purpose.
- Can be seen as extensions of legislative branch if they have been delegated legislative power.
C3. INDEPENDENT AGENCY
- Refers to agencies created by the Constitution or other branches not subject to a superior head of department. e.g. CSC, CoMELEC, etc.
C4. CORPORATE ENTITY
- Refers to agencies with independent legal capacity that can be sued in court independent of the government. e.g. Central Bank.
- Government bodies charged with administering and implementing particular legislation. Covers any authority/organ that exercises some significant combination of executive, legislative and judicial powers.
CHARACTERISTICS OF AGENCIES (De Leon)
- Necessarily large in size due to nationwide jurisdiction and character of their work.
- Staffed by people deemed to be experts in particular fields
- Has a varying degree of discretion in arriving at decisions; often not bound by technical rules of evidence or procedure
Variety of Administrative Duties
- Nature and function is primarily regulatory, even if it refers to hearings and deciding controversies it is always to regulate something.
CONSEQUENCE OF CHARACTERISTICS;DELEGATION
- Administrative procedure revolves around delegation of function and authority. The large staff means that heads will primarily be responsible for supervision and direction. Note that delegation of function and authority may be a matter of degree, if partial delegation then supervision and control is involved.
TYPES OF DELEGATION OF FUNCTION AND AUTHORITY
- Delegation of authority over internal management
- Delegation of authority to dispose routine matters
- Delegation of authority to dispose of matters informally, or to initiate formal proceedings
- Authority and function in formal proceedings.
B. ADMINISTRATIVE ORGANIZATION
- The term refers to the administrative structure of government, including its political subdivisions and the allocation of powers, functions, duties to its units and agencies.
- Refers to the (3) branches of government created by the Constitution to which the powers of the national government are distributed to.
- Can be further subdivided into the Office of the President and the agencies under it.
Office of the President Proper (OPP)
- Note that the President has continuing authority to reorganize the OPP in order to achieve simplicity, economy and efficiency.
- Direct services, attends to functions and matters that are personal or pertain to the First Family.
- Headed by Exec Sec. For tasks relating to purposes and objectives of office of the president and the offices under.
- Any executive department created by law; includes any instrumentality having or assigned the rank of department, regardless of name or designation.
- Includes the Office of the Sec and the staff units directly under it. The primary agency, under which Bureaus and officers fall under.
Office of the Secretary -
Has authority and responsibility for the mandate of the department and discharge of its powers and functions. Secretary has supervision and control of the Department.
USec and Asst. Sec
- Undersecretary shall temporarily discharge duties of Sec if absent or unable. Assistant sec shall perform such duties and functions as may be provided by law or assigned to him by the Secretary.
Common Staff Support System
- Offices or units under development and management, general government administration and internal administration.
Presidential Special Assistants/Advisers
- Provides advisory or consultative services as may be required.
Agencies Under OPP
- Refers to those offices under the chairmanship/supervision of the President and those attached to it for policy and proper coordination and those that are not placed by law or order under any special department.
Reorganization (Biraogo v. PTC)
- refers to the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. There can be no creation of new offices/bodies but instead only the modification or alteration of existing ones.
Abolition of Departments (Crisostomoa v. CA)
– When the purpose is to abolish a department and to replace it with a new one, the lawmaking authority often says so.
- Vested in (1) Supreme Court and lower courts.
- Vested in Congress.
Constitutionally Created Bodies
Civil Service Commission
Commission on Elections
Commission on Audit
Office of the Ombudsman
Commission on Human Rights
Other Independent Agencies
Central Monetary Authority (PNB)
Independent Economic and Planning Agency
Agency v. Administration - Agency is