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PART 2. ORGANIZATION OF ADMINISTRATIVE AGENCIES - Coggle Diagram

- - - - POWER TO CREATE + POWER TO ABOLISH
        The legislative’s power to create an office carries with it the power to abolish.
        
        ABOLITION ALSO REQUIRES GOOD FAITH
        A valid abolition must not only come from a legitimate body, but it must also be done in good faith.
        
        WHEN IN GOOD FAITH
        Abolition is done in good faith when it is brought about by reasons of economy or to remove redundancy of functions.
        
        VOID ABOLITION = OFFICE NEVER CEASED
        When there is a void abolition, the incumbent is deemed to have never ceased holding his/her office.
        
        CARRIED OUT BY A LEGITIMATE BODY
        (National Land Titles and
        Deeds Registration Administration v. CSC)
        
        ABOLITION REQUIRES CLEAR TERMS
        a. The lawmaking authority must state in clear terms when the purpose of the statute is to abolish a department, office, or organisation and replace it with another one.
        (VIola v. Alunan)
    - - CONGRESS CAN DELEGATE TO CREATE POSITIONS
        b. Congress can also delegate the power to create positions, e.g. in the Executive for investigative agencies.
        (Viola v. Alunan)
        
        CONGRESS CAN AUTHORIZE PRESIDENT CREATE, ABOLISH, OR MERGE OFFICERS IN THE EXECUTIVE DEPARTMENT
        The SC has constantly upheld the doctrine that the Congress can delegate the power to create positions and also the validity of the reorganization statutes that authorize the President to create, abolish or merge officers in the executive department.
        (VIOLA v. ALUNAN)
        
        PRESIDENT'S POWER UNDER RAC REFERS TO REDUCTION, CONSOLIDATION, OR ABOLITION
        The Power of the President under the Administrative Code of 1987 refers to the reduction of personnel, consolidation of offices or abolition thereof by reason of economy or redundancy of functions.
        (Biraogo v. Philippine Truth Commission)
        
        WHEN EXERCISED
        This power is exercised when there is an alteration of the existing structure of government offices or unIts therein including the lines of control, authority and responsibility between them.
        
        CREATION NOT INCLUDED IN RAC
        The creation of a new office is nowhere mentioned nor envisioned in the said provision.
        
        BUT POWER TO ENSURE FAITHFUL EXECUTION OF LAWS IN CONSTITUTION
        The power to conduct investigations to ensure the faithful execution of the laws is inherent in the President as the Chief Executive. The fact that this power is not explicitly mentioned in the Constitution or any other statute does not mean that the President does not have this authority.
      - .2 REQUISITES FOR VALID DELEGATION
        
        The law in itself is COMPLETE and it sets forth the policy to be executed, carried out or implemented by the delegate and
        
        The law fixes the STANDARD to which the delegate must conform to in the performance of his functions.
        2a. The standards or the limits must be sufficiently Determinate and Determinable.
        (Abakada v. Ermita)
        
        AUTHORITY TO MAKE/ALTER/REPEAL LAWS CANNOT BE DELEGATED BUT DISCRETION TO EXECUTE CAN BE DELEGATED
        The authority to make laws and to alter and repeal them cannot be delegated, but the authority or discretion as to its execution can be delegated
        (Abakada v. Ermita)
    - - PRIVILEGED COMMUNICATIONS EXCEPTION TO RIGHT TO INFORMATION
        The privileged character of diplomatic negotiations has long been recognized as an exception to the right to information in Philippine jurisprudence.
        (Akbayan v. Aquino)
        
        DUE TO NATURE OF DIPLOMACY
        The existence of executive privilege is due to the nature of diplomacy which requires the centralization of authority and expedition of decision making which are inherent in the executive.
        
        PRESIDENT ALONE NEGOTIATES
        The President is the sole organ of the nation in its negotiations with foreign countries. Although the President makes treaties with the advice and consent of the Senate, it is the President alone who negotiates.
        
        INHERENT POWER OF HIS OFFICE
        The authority of the President to enter into trade agreements with foreign nations is an acknowledgement of a power exclusive and inherent in his office.
        
        CONGRESS CANNOT INTERFERE WITH TREATY NEGOTIATIONS
        Congress, with its vast legislative powers, cannot interfere in the field of treaty negotiations.
        
        SENATE CONCURRENCE FOR VALIDITY OF TREATY, NOT FOR CONDUCT OF NEGOTIATIONS
        While the Constitution requires the concurrence of Senate for the approval of a treaty, this pertains only to the validity of the treaty and not to the conduct of the negotiations.
        
        1 more item...
      - CHR NOT A CONSITTUTIONAL COMMISSION
        CHR is not a constitutional commission, thus it does not enjoy fiscal autonomy.
        (CHREA v. CHR)
        
        FISCAL AUTONOMY IS A CONSTI GRANT; CANNOT BE OBTAINED BY MEMBERSHIP.
        Fiscal autonomy is a constitutional grant not obtainable by membership to the Constitutional Fiscal Autonomy Group as alleged by CHR.
        
        FISCAL AUTONOMY MUST STILL BE EXERCISED IN ACCORDANCE WITH SSL
        While commissions enjoying fiscal autonomy are authorized to formulate and implement the organizational structures of their respective offices, this authority is not absolute and it must still be exercised in accordance with the Salary Standardization Law.
        
        SSL APPLICABLE TO ALL POSITIONS CREATED IN GOVERNMENT
        Sec. 4 of the Salary Standardization Law states that its compensation and position classification is applicable to all positions created in the government.
        
        DBM MUST APPROVE OF RECLASSIFICATION OR UPGRADE IN POSITIONS
        Furthermore, the law states that the approval of the DBM must first be obtained prior to the implementation of any reclassification or upgrading of positions in the government.
    - - LEGISLATIVE CAN REVIEW/AMEND/REVISE LAW
        The legislative function over the same law may spring back to Congress only if it deems it proper to review, amend or revise the law.
        (Macalintal v. Comelec)
        
        BUT NOT IRR
        BUT Congress cannot approve, review and amend the IRR (of COMELEC) (Macalintal v. Comelec)
    - - ACTS OF POLITICAL DEPARTMENTS ARE PRESUMED VALID
        The Court must avoid ruling on constitutional questions under the presumption that the acts of all political departments are valid...
        
        EXCEPTION: CLEAR AND UNMISTAKABLE SHOWING TO THE CONTRARY
        Unless there is a clear and unmistakable showing to the contrary.
        
        CLEAR & UNEQUIVOCAL BREACH OF THE CONSTITUTION
        A law has in its favor the presumption of constitutionality. For it to be nullified, it must be shown that there is a clear and unequivocal breach of the Constitution.
        (Anak Mindanao Party-List Group v. Exec. Sec.)
        
        BEYOND REASONABLE DOUBT: GROUND FOR NULLITY
        The ground for nullity must be clear and beyond reasonable doubt. Any reasonable doubt should, following the universal rule of legal hermeneutics, be resolved in favor of the constitutionality of a law.
    - - ATTACHED AGENCIES =
        MORE INDEPENDENCE
        An attached agency has more independence from the Department it is attached to (more so than an agency under departmental supervision and control or administrative supervision). This is borne by the lateral relationship between the department and the attached agency.
- - - - 3. Business service for the public.
        Philippine Postal Corp., PNR, NEA, NFA, NHA.
        
        4. Regulate businesses affected with public interest
        Insurance Commission, LTFRB, ERB, Mines and Geosciences Bureau, NRC, HLURB.
        
        5. Regulate private businesses and individuals under police power.
        SEC, MTRCB, GAB, DDB.
        
        6. Adjust individual controversies because of some strong social policy involved -
        NLRC, ECC, DAR, COA.