CHAPTER Il POWER OF CONTROL, SUPERVISION AND INVESTIGATION A. PRESIDENT AS CHIEF EXECUTIVE ANDADMINISTRATIVE OFFICER $8.22, Generally, ‘The President and othor exscutve or administrative agencies corbodies are granted powers and functions bythe Constitution or by statutes to enforce the laws and to carry out the governmental functions, a8 well as policies and objectives provided in statutes creating them. Among such powers are those of conte supervision and investigation. $3.28. Bxecutive power of the President. ‘The President is the Chief Administrative Offior of the Government. While the Constitution docs not expressly say 00, he thas that position by reason of his being the Chief Executive and the hw grernen:, Heelan vpn at inhre {ch psn, Admirals an auc nd i ened ment the effective exercise, of execulive power, vested in the President. Administrative agencies or bodies exercising ‘administrative, investigative, rulemaking, and quas:judical powers, ‘as conferred by am, are parts af the exeetive branch of government, as they are neither legislative nor judicial in the alleation of the treat powers among the three branches of government — the logilative, executive and judicial depertments rative powers ofthe President can ig impligdfeam his sxeetive poe An understanding of eacative power herefreis ADMINISTRATIVE LAW A. reer ou Chie ace and Atnrtratve OMeer onder. In Marcos». Manglapus,' the Supreme Court summed up cutive power as follows “A stated above, the Constitution provides that \Ohe ‘executive power shall be vested in the President of the ‘Pilippines’ (Ar, VI, See. 1). However, it does nt define ‘what is meant by ‘executive power’ although in the same ‘tel it touches on the exgrese of certain powers by the President, ie. the poster‘of control overall exocutive departmets, brea an fon the pote tees {nthe opting power the poy udae the commanderinchief danse, the power to grant reprieves, ~ ‘commutation and pardons, the power ta grant amnesty © withthe concurne af Cangren th owe tmtrac or {guarantee foreign loan, the power to enter into treatics © Sr lileronal agents, ie power to mbit the Dnudget to Congress, and the power to address Congress '° cence cebewh “The inevitable question then arses by enumerating certain powers of the President. Did the framers of the ‘Constitution intend that the President shal exereae those specifi powers nd nother? Are these enumerated powers the breath and scope of exocative power"? xx. It would not be accurate, however, to state that “executive power isthe power to enforce the laws, forthe Presidant is hend of tae aa well aa head of government ‘and whatever powers inhere in auch positions pertain the office tnlese the Constitution itself withholds it Furthermore, the Constitution iteelf provides that the [Ns power over the cauntry's foreign relations On these premises, we hold the view that although ‘the 1987 Constitution imposes limitations on the exerete "7 cA 0681080,of specific powers of the President, it maintains intact what is traditionally considered within the scope of ‘executive power: Corolarly, the powers of the President cannot be Said to be limited only to the specie powers ‘enumerated inthe Constitution. nother words, executive power is more than the sum of specific powers #0 ‘enumerated, {3.24 Presidents power of contro. Seti 17, Atle VIL of the 1987 Constitution provide that the “President shall have control ofall the exective department, ae, Heal eur that te av be fly st siden’ power afeontl means ower ta ler ‘polly or uit ie wha a ornate ie ad on {nthe performance fis duties and io subg hisjudgment wih ‘hat ote nat ea ob the very her ft ang of (Chet Bxceutive The presidental power of contra over the executive branch ferme x ent as om at seemtarto the lowest clerk inthe executive department. He isthe Grit acewtive, the head of government and the cit amiastrative fer The snes the cnstitatonal provision tin rightl Oe Predent oltatants egcacns street ‘say be vee lawn the executive departments, burns, or ofces of he national government, x well sto as Tiewat ich cers’ The President inthe exerci of the powers a conta ean do what a of i eaineseretary can afl do confor nw For nstaneyin Arete Gatmaitang the egal ofthe President nuance of an exestve order banning hing by trawl was questioned eeause the Secretary of Agclre and ot the Presiden asthe on athe y Congres ova rules fndregulatons open the ben on ia faking In usta the legality of the exectve one the Supreme Grart ruled that sinc th Scretary of Agere was empowered to reulte x ban Ashinghy te,the Presiden, nthe exer his per oan, can aks over rom him sch thant and eee he eae order serene tis 5 be 3 ADPuL sete hemos ONL ‘twexcrelseit The Presidents power afeontral means thatifa cabinet Secrecary of a head of a bureau or agency can issue rules and ‘opulations as authorized by Taw, the President has the power not __/eas to motor amend te same but ean lao supplant the ues by [thother set entirely diferent from those issued hy his subordinate "Tho President exereies the power of control through executive Alepartments and executive offcals. Under the Constitution, all akcutive and administrative organizations re adjuncts of the ‘xosutive department, the hoes ofthe various executive departments fre assistants and agents of the Chief Executive, and, except in ‘isos where the Chief Executive is required by the Constitution oF the law to ct in person or the exigencies ofthe situation demand ‘hat he act personally, the multifarious executive and administrative fimetion of the Chief Executive are performed by and through the teocutive department secretaries ns his alter ogoes, and the acts of the secretaries ofsuch depertments, performed and promulgated in the regular course of busines, are unless disapproved or reprobated by the Chief Executive, preemptivey the ets of the Chief Exeeutive* "The tality of executive powers vested inthe President by the ‘Constitution, It means that the President is the Executive of the Government and no other, The head of the executive departments tccupy political positions and hold offic in an advisory capacity and Should be the President's bosom confidence. Bach head of ‘department is, and must be, the Presidents alter ego in the matters btthat departient where the President is required by law to exercise ‘The Presidents power of contro includes the power to detail an cexccutive officer in the Ofc ofthe President, or o any executive Sica, without any prior approval from any exceative officer, long fs theres no reduction in rank or salary and isnot considered os & iscipinary action. In this sense, for those dacharging purely {xecttive functions in the national government, he gives orders ‘Gland takes orders from none.(Tesonw Solas, 34 SCRA 276 19700. once, the act ofthe President anne be eountermanded by a Alepertment secretary wha is a mere subordinate ofthe Preident* _/ var can a subordinate of & department secretary disregard is fiber’ lloring hia scton i the performance of his funtion ax {he department secretary, who has power of contol over him, acts as “sn Sean, $4 8CRATS 87D ‘Frond Haron, 10 Pa 782 (1080)the President’ alter ogo and his action is presumed to be tha of the President." Aelegate some of thom to his Cabinet members. This reality o i at the Esccutve Department, the heads of the varias exective Apartments ar asatante and agents of the Chief Bxeetive, and, ‘eseept in cases where the Chiet Executive is required hy the ‘Conatition or lat etn peraon oF the exigencies he sittin dlomand that he act personally, the multifarious executive and ‘Mininstraive functions of the Chit Bxecative are performed by ‘nn Uhough the eetive departzents, andthe ace ofthe Secretaries such departments, performed and promulgated in the regular ‘ouree of Busines, are, unleab disapproved or reprobated by the (hier Bxecutve premptvely the sets ofthe Chel Executive. To her word; tpPreidents power af contro iditelyexerised m over the ilembers of the Cabinet who, in farm, and by Bis ‘thority coral the eas and other offices under thei respective fusions into erocve department. 7” ‘The acts department Seretany ae presumed tobethe acts ofthe President. Thus, where the President granted the athont to soll ortainparcls of land, the sale effected by a department Secretary has the se ett au if dane by the President himacl® $8.26. By authority of the President. "The Exscutive Secretary or his Deputy or Assistant Executive ‘Secretary or any cabinet seeretary, who acts and signs “By Authority, of the President” ats nat for hinge but forthe President. Th, facts of contracts executed by the Executive or Deputy Executive Secretary "By Authority ofthe President” are presumed valid and ang HE RAH a ee Pg 3 SORA “Wot Land Tenure Ahinitrain 1 SCRA [861 Cargo: ative Setar 0 SCRA a omer af Conta Supers Tnvetigtion ‘A Pelli as Chet een nd rie fat performed in behalf ofthe President and should thus be accorded ‘tue respect. One of his myriad functions is to exercise primary authority to eign papers By authority of the President.” He atasts executive orders and other presidential issuances unless attestation Is specially delogated to other officials by him or by the President; fseists the President in the administration of special projets; and perform euch other functions as the President may direct. His personality is in reality but the projection ofthat of the President, his ats, performed and promulgated inthe regular course of busines, are, unless disapproved or reprubated by the Chief Bxocutivo, Drevuinptively the aete of the Chief Executive. Such acta subject o review n-th courts inlaw of he pina of separtion of powers which accords o-egual status to te three great branes ‘The Exget or even a Deputy o Assistant Bxecutive Secretary, “By authorty-of the President,” can modi, altro st ot asheacts for and on bebalf ofthe President”™ 2 $5.27, Limitations on the Provident’ control power, “The power of control of the President over executive departments, bureaus o flee implies, asa rule, no mare han the tory fo asune divsiy th anton Gero to interfore nthe trea of dieretion by its oficial, o oar, molly or st exe ‘That suoroate cals have done ado abate sumo fv that ofthe latter Generally speaking, the per afc does Sling Che ties or rion of exes offic, (2) the suspension or removal of career executive of eae mm and 3) the sein ase, ‘nou 6 spplanting of decane of guns ined the Prodan om nanan cee ta ‘have become final pursuant fo law or to rules and regulations promelgated to implement the law= tn ns ap 1 Co tA 218 SCRA. “nan Catan ean Sa se ta ete ctr 8 SAD 20 SCRA 71397 “Cts Sec Cpe a Tn BEAD 86 SCRA. ssSTATSND ELECTION LAW Allacts oan exoeutiv or administrative ofc or agency. other than inal deisons rendered nth : ‘a ountested cases, gist the President Jower ofeach sich ae rules andrgulation,iaterpretations or applications ofthe lay Those may be teviowed, modified or set ate at any tie, especially when they are Tater fund to be erroneous, except that vate righte which have become vested therervde may note Unsetled or disturbed there: Thus, while the goneral rule is that imerroneous construction of aw by an administrative arenecative flier whose duty ito enfre tay not givers to avested gt, ‘nor estop the government by such mistake," the rule admits of when in reliance thereon in god Ath dm person ‘with what the lay requires a construed By the dinistrative ie bis acered therefrom may not be Sitar. The princes fin am gal hese ee tocreate such exceptions ‘The general rues that the President's power of control applies toads ofa subordinate official and not to theofficial who performs the acts. He ere or remove the offical: ‘lout tape those ofits who serve a his plessure, suchas cainet sectarian Ang Angeot Casi the Court ruled that the pawer of coniol “merely applies to the «exercise of control over the ats afauborinateand-noE over he ctor ‘gent himself he act tony means that the President may set le the judgment or action taken by subordinate in the performance of his duties"* Te added, however, tat the power of sono may, some extent applies ote oa himself, hen i “Theres some point in the argument that th power ‘ot control of the President may estand ta the power to ‘investigate, suspend or remove officers and employees who ia fot eprtn y wagaa gpainboor do no belong tthe lames sacs ‘such can be justified under the priniple that the power to ‘remove is inherent in the power to appoint (Lacson x United Chytin Moar Sty Sal Scary Common, 30 SCRA 95 [1860 Lan ty 68 SCRA SED SG ASC ring arp Coreen 8 SCRA 81. "dp 8, In Wor Zaldear™ te Suprene Cou ruled saa Bano eda Nene aes Pe oar ee a ee Sere ee Sivins iiaigued saa noes Rug gue ES Sat rad Pate ate ramble eo on principle that ‘the power to remove is inherentin the power Sones resi aed ses ce nas CANOE eeu ae alae aimee acca cae pies eae aes Siapodencettestas Het Bose conan ei tedeete comeareniiveres career nicirs see ine peter oft ets noo err eda Seen opment er™ Scere meget eam edpioay aon The Presents pope etal dens pok apey ean ‘modifying or setting aside a decision of a subordinate official in the ert hin un fulSower thar he deccahen ae lin stoned io foplant it oe ribes the period of appeal. For public interest requires that Sepeeuianestiet carghialincols cet laseoeriarcee sen, Thick tds sesslutinalprmodiney bere quastiudcal sein In Camarines Nore ltt Cooperate, Tr the supa Go rabid in re a eden gue Feel antec Stace ea case saad as Presta is mee cs Ser omar Prosttano si 0 ores Canney, 108 SCRA 129118611 ie Sov oe ayn 7 SRA 196 Marin Ad, sox nl SLSCAD 25 sca cos.ower of contel of the Prosidont no longer ‘pplias to final decisions of quasi-judicial agencies extends to a Aecison of the Office ofthe President that has become final. In other ‘words, the Office a the President can longer reconsider or modify its final decision, as it has lost jurisdiction, and its re-opening the case sand modifying the nal decision amount f9 gross disregard of the rales and basic logal procpt that aceon finality to administrative ‘The constitutional provision that tho “President shall have contra of ll the executive departments, bureaus and oes" implies ‘disneconnneprr el du endny ae ao nxt fsa cone ifthey lator {ofall them, ta fae such action o steps as preseibed by lay tine Ube perform their dion Me 135 Conaieton provides thatthe President shall "exercise general supeviion over al local sovernments as may be provided bylaw.” The 1987 Constittion felteraed ths proviion, bu deed the phrase “as may be provided ‘by law.” Construing the old provision on general supervision of the resident over local ghrernmeht unit, the Suprerse Gaur Podrigue Montnaa« red thatthe power of onerl supervision ‘ranted the Preident inthe abecnoo any expres provision aw, ‘ay not generally be interpretd to mean tht he, or hs alter eg the Seretary of Finance, may dre the form and manner in which Incl effi shall perro eomply with thet duten™ In Tole, Sante the Supreme Court held that "Presidential pret over lea goveraments is limited by the Conti to the reele of general supervision ‘w enmure that cal afl are ‘dministored scoring ta law’ Th general supervision i exercised Fah Corn 289 SCRA G2 (198) Pie Sa 0.18188 04 ton (84 soa rm or se ato sc ab ‘A Prelate ad dete One by the President through the Secretary of Leal Government."“The fandamental law permits the Chief Executive to wild no more authority than thet of checking whether said local ent oF ihe aficersthereot perform Uelr des as provided by satuloy enactments. Hence, the President rfere with local fovernments so long as the same or its oficors act within the seope Sire eet Ee ee eer ee eine tay eee ae Inds ap rata Set er oar a hg ae Department (of Lral Government) is given the power to prescribe rule, regulations andthr issuances, the Adminitrative Code its its authority to merely ‘monit anc’ by local government AER eee eee rier ae ‘This is compatible wit the power of supervision ofthe Scertary ‘ver local governments which as earlier discussed limited to ‘checking whether the lea government unit concerned or the fcers ‘herot perform their dis as provided by stattaryenactments"™ $820, Control : ‘mea. es the dare acztary ervey contol /aaparvising end (feview of acts done by subordinate officials and employees Yn his ‘cpatimeni- in rao hea of a urea er ofoeexeries such ‘powers oer his subordinate personnel. The power o contra in hat enve, moan the power ofan afer tale modify or ml o eet fede what arutorinat officer had done in the performance o is Allien and to substitute the judgment of the former for that ofthe later Suporision means overssing or the power or authority. of ~~ ce oficers perf thls dies anole Ifthe latter fail or negoct to fulfill them, the former may take such action or stops as pretribed by law to make them perform their dies. Supers than contol As thus defined, Ase pose ‘superior to annul the facta ofthe subordinate fr that comes.under the power of control urpokes of correction. The power of review is exercised to determine whether iti necessary to er Cans, 108 SCRA 181 (98.power of supervision and peacoat alegre eaten disapprove; but it does not earry the authority to substitute one's ‘own preferences fr that chosen by the subordinate in theexerese of its sound diseretion Under the 1987 Administrative Cade, supervision and control {ncude onlythe authority to: (a) act. directly whenever « specie” fantion is entrusted by law or egulaton to a subordinat: () dret the performanee of duty, restrain the commission of acs; (0) review, approve, revere or modify acts and decisions of subordinate ofits ‘or units; (@) determine priorities in the execution of plans and Programs; and (e) prescribe standards, guidelines, plans and programs. Specifically, adminiatratve supervision is lite to Use ‘Authority ofthe department rts equivalent (1) gensrallyoversée ‘Me operaions seus sgunciat aol Insure thal Untrare netiged effectively efficiently and economically bat without interference with day-to-day activities; (2) require the submission o reports snd cause the conduct of management audit, performance evaluation and wpeetion to determine compliance with polices, standards and felines ofthe department) takasich action as maybe necasary forthe proper pefarmanceof offal functions, ncn rectiction ‘fvoatons abuses and oor forms ofl adiinstratioy cere ‘tr pass upon budget proposls of such agencies but may nt inrease ‘radd to them.™ ‘Where the law confers upon a department secretary supervision nd enrol over subordinate officers the department had ean modi, nalify or set aside the decision of the suburdiaateoieer and can sven directly exersiee the powers granted the later." ‘The department sseretarynsperssion-and conta oer ll Sees the bureaus ‘Lica ander him, bles no ested wo ageeles attached tg nee 208 RA (102 ‘ehengen Hoard of Comminsone mgr 4 SCRA [179, apsxtsrexnvi Lar = “qos EEEEs inl Sr etitin the department foradminisirative purposes, ‘refers lationship between the department o its equvalent poses of pole hed agency oF corporation for p ‘and Taving the attached corporation or agency comply with ayatem of terlodle reporting whieh shal refet the progres of programs and Projets and havinghe deperiment or its equvalent provid general follceshzough tia eprsentative inthe bose, which ehall serve {he framework forthe intemal lites the attached corporation or gen” An attached agency has a larger measure of independence from the department to which vis aached ik is uder {he departmental supervision and contol or adminiatrative ‘sperion The "i merely Tor poley and program inate: ——r In Phil, Gamefou! Commission IAC? the ieee razed in ‘whether the Philippine Gamefbl Commission bas power af onto tr only of supervision overload muniialtes in the grant of ‘ockfightng canes Section 2 of FD. No. 1802 provides that te Conmiston shall have the power to leeue cence for he holding of intemational derbies" and to “promulgate rules and regulations relative to the holding. methods, procedures, operations and conduct ‘fcocfghting in general ax wal tx scrditaton of encpit person: ‘el and aaplatian of cockpit owners operators and lessees, too. trate the standard of cockight"On the ether hand, PD, No. 1802, fs amended by PD. No 1802A, provides Ut "Cty and Municipal yore with tho concurrence of thelr espctve Sangguniane’ shall hve the authority to lees and regulate regular cskightingpur- suant the rules and regulations promulgated bythe Commission fd aubect tots evew and supervision" The Commission ae sade se granted by the eal government ofa to an eppleant ad iasved the license to another person. The Cour ruled ‘hat the Commission has no power of contro ae gk So a086B:POWER OF INVESTIGATION £890. Generally, Tnvetigatry onus” powers hae bon grated he Gite tn ggasi ego ates (ore ga e ‘gecies or ass pale opinion en sire oil sar, SE ana tients Geach erage investigatory powers or prosecution purposes such a the efices of public prosecutor and She Ombud tdsman; still others exerci Anyestigatory powers in adh ‘other powers granted afprvate corporations The enabling act defines te extent of eich investigatory powers, (One ofthe cna requires of due prucas i notice and hearing: I the ln ipa which the invertigion i withoized, provides thatthe peron investigated be given notice or aecorded the {pportaniy to be heard then such right cannot be ignored nor he be dated notice aod hearing without vltng his ight to ue prices Hoorever ithe law silent on hematite question nat whether ar nota person who may probably be allecte or eld to answer the exercise of inventigative powers of als or administrative agencies iene edu proces orto notice and hearing depends ago during which the invastigation is cunducted nec oiteome of ‘ich investigation?” $8.82. Executive power of investigation. ‘The Prost has the poe tga cnadutafinatigation fora number of purnqsce, sh as fr all admiration, -adjufigation, and for purposes no more specific than ‘set Sibi sn tn at es Gia ek be "eceay fF Lato, 22 SCRA 160200), Power Can, Spero aid Ivetgton ‘B Powerat nai done At chi dinitrate fir be Pein may maine cation ‘oto in rele or Re gon whieh atareaeton oder, reset, Ingaltive or judicial nature may bo taken.” In Beangeliatao. “Terni the Sxpreme Court exposed onthe importance and ‘ents of this Invetgatory power cesayed that tho life ood of the adoin- ‘the Dow af ft, the gathering the or fanization and the anagels of evidence. Investigations fre tefl fr all administrative factions, nt only for ‘ilemaking, adjudication, and Heong, bt alo fr prow ceuting for supervising and directing, and for purposes ‘no more specie then isminsting obscure areas to find ‘ut what anything sbould be done. An adrinistrative fens maybe authorized toma investirtions, nt only tn provediogs ofa legiative or judial nature bot al in proceedings whose sole purpose is to obtain informs. tion upon wich fare acon af lagiltive o jue ‘ature may be taken and may require the attendance of ‘eitneston in proeednge ofa purely investigatory nate may conduct general Ingres inta ei calling fr cor rection, ad to report ndings o appropriate bodies and ‘ake recommendations for ation ™ ers ‘The Prosident's investigatory power aianates from his poker wperision and control overall executive departments, bures ‘power of supervision over local raument unite; sree eens ere Snsune Hs evetnoy powet from powers delegated|to him. See ‘impowers the Presi- dent i) gewen “To order, whon in his opinion the good of the public sorvico so requires, an investigation of any ation or the ‘conduct of any perton in the Government service, and in iri Sie, 8 SCRA 09} ‘ew Sa 0 [78 eascxa outer,‘connection thorewith to designate the oficial, eommittee, ‘orperson by whom uch investigation shall be conducted” ‘The above provision has not been repealed by the 1987 Admin- fatrative Code, what it impliedly repealed or modified are “All Jaws, decrees, orders rulos and regulations or portions thereot, in- + consistent with this Code,” and the above quoted Sec. 64(0) of the Revised Administrative Code is not inconsistent with any provision of the 1987 Administrative Code Section 6i(c has in fact, been ‘oped as part thereof when in Se. 20, Book I t provides: “Seg B0, Residual Powere. — Unless Congress pro- vides the President shall exereise such other powers and funciona vested in the President which are provided for under the laos and which are not specifically ‘enumerated above, oF which are nat delegated by the President in accordance with law.” ‘Im the above provision includes Sec. 646) of ‘The word “law the Revised Administrative Code. Pursuant to See. 64) ofthe Revised Administrative Code, the President the pamer to reate « Presidential Agency to conduct ‘Thus, heisued Bxocutive Order No.4dated January 7, 1966 creating tho Presidential Agency on Reforms and Government (Operations (PARGO) with the fllowing functions and responsibilities: “b. Toinvestigateall activities invaling or afeting limmoral praties, graft and corruption, smuggling (phy- sical or technica), lawlessness, eubversio, and all other ‘ctvities which are prejudicial athe government and the public interests, and te submit proper recommendations to the President ofthe Philipines. %e, Toinvostigate cases of graft and corruption and violations of Republic Aet Nos. 1379 and 3019, and gather recessary evidence Uo eatalish prima foce, act of grat. fd acquisition of unlawful amascod wealth “h, To receive and evsluste, and to conduct fact= finding invectigntions of sworn complaints agaist the acta, onduet or behavior of any pubic offical or employee and. "Gf Moca COA. 216 R450 [802 Pref Cine Seer ad Iveta iPower llotgnton to file and prosecute the proper charges with the approp- late agency.” sa ‘The Progidetit empowered PARGO to summon witnesses by subpoena oF subpoena ducer teu, administer oaths, take test ‘mony or evidence relevant to the investigation. In Boangelisa sJarencio® the issue raised is whether the Agency, acting thra its ‘iil, has the authority to issue aubpocnas in its conduct of fact ‘finding investigations not in connection with quasijudiclal or ad sdienton functions. In upholding the power af Une Agency to iste such subpoena, the Supreme Court sald “Rightly, administrative agencies may enforce sub- poonas issued in the cours of investigations, whether or tot adjudication is involved, and whether or nt probable causes shown and even before the fsuance ofa complant. is not necessary, asin the case of a warrant, that a specife charge or complaint of violation of law be pending or thatthe order be made pursuant to one. Ts enough thatthe Investigation befor a lawfully authored purpose ree ease esate . Peel ec eee a Ancovered evidences jute Ie obligation cannot eet. ne tal of the value of tention sought is enough {hat the propose investigation he fora awfully eather urposo, and thatthe proposed witnesnbe clainedtohave Information that might shed some help light Beeuse Jie power is reluctant if not unable fo summon evidence unl Is shown to be relevant to tose on Titgationsitdoe not ow that an administrative agency charged with seeing thatthe laws are enforced ma not have and exereie powers of origina nguy. The ministrative agoacy has the power of ings iota pon aio coer et an vestigate melon at the Taw is being violated or fast becuse sezaan a i, Whos invita and aerator ties are delogated by statute toan administrative body, if, to, may take steps to inform itself at to whether there is probable violation of the law. In sum, it may be stated “908 SRA 90 (1978.that «subpoena mest the requirement for enforcement {fae nguiy i 1) within the authority ofthe agency; (2) the demand isnot oo indefinite; and (8 the fra is reasonably relevant." a. Inthe exec othis ine ad bok = See reer crc cnt (pli ipetcns cmpeeranel ise beteseemeines sats ‘Signi tapenade ppm oaks Naguipolsiins = bcbaatpeantoediectstiipedeets Most administrative agocis which hav been granted by lew with xsi, quaseginatve and quas judicial powers have alo lavestgatory powers in aid orasinadants of the exercise of such performance ofthe later effective Inquisitive power, which sknown as examining or investigatory ama cf i annealed Piece rieta agtenien eigen sete ss Under i jurisdiction, or require dislosure of information by means Sof neaunts, rcords, reports, testimony of witnesses, production of Alocuronts, oF otherwise. Sto Gon Power of investigation consists in gathering, and analyaing evidence, whieh isa usefl id or tol in an administrative In investigations hy an investigating body oF committe, whose report may be the basis of an administrative charge against public otis emp tae am Be ia 0 sommitte. He iso Ein, to « hogring of os SCRA 105.0 ‘Stata Humtive Serta 68SCAD 22, 250 SCRA T3107 Sor Lao, 23 SCA 0000 ori Power Cin Superson nd Ive 1B Poreretvstintien (ape anata iat 6 Sr. pore orer a nieesiaprans “— Z i foe) ay trom notice Pr eve engi ialeatacedtnatecsonccnecs ee (hg feed making findings fe reaps are, The tot whether ea ad ls Serer invtignoyuncion le eenin Agito nrc per ‘St'aery to ade aes san ligt os Saved abeteaasemaeeinapertaaene ines ele ee ie iil ein eel eee ee eens Sa Tao wi cere ee rag on Himes phason he Nate ieee Sin Ath ili ims cmuahiantitighytonsperair tigi ecedtoons oar iL posi eld cy cc ar Serta aman Fight veep tegatana pool ghey 2: Dida ss To lyme cad dich aegn Sosetesliraat eee a ce me pera erect ert lls SE aT a phe pe gery ys Sala gta seas samen Scraegd ast eae ae Sy teen de agoree2 aounasmanivn asa ox muptie orMCRRS 4. _Toexercse visitorial powers over jails, prisons or deten- tions faiities 5. To establish s ontinuing program of research, edueation, and information to enhance respect forthe primacy ofhuman rights; 6, Te recommend to the Congress effective measures to promote hurnan righta and to provide for compensation to victims of ‘ilations of human rights, or thei families; 1. ‘Tomonitor the Philippine Government's compliance with international treaty obligations en human right; 8. To grant immunity from prosééution to any person whose testimony or whose possession of documents or other evidence is ‘eceuary or convenient to determine the truth in eny investigation fonducted by itor under its authority, 9. ‘Torequest the assistance of any department, bureau, ofc, ‘or agency in the performance of its functions 10, To appoint its officers and employees in accordance with Tae and 11. To perform such other duties and functions as may be provided by law. In Carin. Cammiesion on Human Rights the question raised in whether the Commision has the power to adjudicate or exercise ‘Quasi judicial power, as an incident of fe power to investigate. The Supreme Court ruled that it hag none and explained the meaning tnd scope ofthe power to investigate, thus: “The Court declares the Commission on Human Rights to have no such power; and that it was aot meant by the fndamental law tobe anothor court or quas-judi- cial agency in this country, or duplieate much less take over the functions ofthe Tater “The mast that maybe ennoded tothe Commission {nthe way of adjudictive power is thatit may investigate, ie, receive evidence and make findings of fact as rogards claimed human rights vielations involving elvil and polities rights. Bat fact-finding is not adjudication, and speaking To be considered as such, the faculty of reetving ‘evidence and making factual conclusions in a controversy ‘must be aceompanied by the authority of applying the law {othose fctual conclusions tothe end thatthe controversy ‘ay be decided or determined authoritatively, Gnally and definitely, subject to such appeals or modes of review as ‘may be provided by law. This function, to repeat, the ‘Commission doesnot have, xx xT investqate isnot to adjudicate or judge Whether inthe popalaror the tchnieal sense these terms have wellunderstod and quite dstinet meanings. eee Soni ero aster caning eps les ru ny mesh tm, study. The dctonery dentin onesie to Shane esl es ngire int seat a tte co ew ete ee Es 0 codec an oficial impr? Tha pepe of eimieitaen anger ncauereees Gian ifn Neyer include rated he Satin of setting deing of rslvng a controversy favored at ck taped io tent Ot IED ithe fac ead Wy lee “Tho eal meaning inva iesental the same: fa up apy ey tient nga oe ‘to, rato acy turin fo examine and [Ruri tenes accrsy cathy areal Ingatny enn, he tang eine «gl input nveiaon orton? telng ts tre Gard an tau snot once thectorcowchoroary doe ooo shearing 2am Jordi Alm See 91; an ingly ja ihr th sey td clacton fs coer fag nceteieerte mae “Adjuaate! commonly or popula undrod, saosin made, nlite, fdr do, dataresolve, rule on settle, The dictionary defines the term as ‘to sttle finally (the rights and duties of the partos to a curt case) on the merits of sues Falsed: x Xx to pase Judgment on: settled judicially: x x x act as judge And “ndjudge’ means ta decide or rule upon asa judge or with Sdical or quas-juicil powers: xx to award or grant Juicially in cate oF controversy x2" “a the lgal sense, ‘adjudicate’ moans: “To sotle in the exercise of judicial authority. T determine finally. ‘Synonymous with adjudge in its siritost sense;" and ‘adjudge' means: "To pass on judicially, o decide, settled or deere, otto sentence or condemn. x% x Implie a judicial Setermination ofa fat, and the entey of judgment. "uy thop on Human Rights is basicaly in andi Temayrferthe esl iteimonrtigation tthe eh tie rcton af eines tvaling violations of el and plc rights. Aste ‘cope of is investigatory power covers all forms of human rights ‘lations involving cl and pole right, is investigations on {ese matarecan loo fue publi opinion on the, which may hopetly deter the commiaion of violations of harmon nights ex guns tho inclined to dos. “The Ntalimnatinaiahta eter adinive aa aoe Sa TR eat te oat reste suctetgpecsa keletpears: 1, Te mda pga ied a hme sauna a oie Pilipionapan sso pale Seater nantes Te aii Sng i te seein cee ina ae eae 3. To act as a national clearing house of eriminal and other informations for the beneGt and use of all prosecuting and lave ‘enforcement entities of the Philippines, identification records of all persons without eriminal eonvietion, rcords of identifying marks, ‘haraceriates, and ownership or possesion of al firearms as well ‘a of tost bullets fired therefrom; ‘E Pover st aignion 4. Togive technical ad toll prosecuting and law-enforcement olcert and entities of the Goverament well ax the courts that ‘may roquire its services; 5. Thextenditeervices, whenever properly requested in the investigation of eases of administrative or civil nature in which the ‘Government is interested; 6. _‘Toundertake the nstrction and training of representative number of ety and municipal peace officers at the request ofthe "respective superiors along effective methods of crime investigation ‘and detection in order to insure greater efieieney inthe discharge of ‘heir di 7. ‘To estabish and maintain an up-to-date sientific crime Inboraiary and to conduct researches in furtherance of eientife ‘knowledge in eriminel investigations; and To perform auch other related functions as the Seeretary of Justice may assign from time to time.” ‘The powers and fanctions of the NBI are not judicial oF quas- pow jaicial in nature. Tes functions “are merel nd {itaauaca tune ener etal scape Sousa joer ‘ssistance wien requested in the investigation or detection of rime Tt is not an agency refered to under Cireular No. 2891, Revised Circular No. 28-91 and Administrative Cireular No. 04-84, 0n forum ile Prosscutar's Office owt ea of Justice for preliminary investigation and, if so warranted, for ling by the later ofthe information i cour $8.5. Investigatory powers of the Ombudsman, ‘The Office of he creation ofthe Constitution. "The Ombudsman is the protector of the people against abuses of Peli tenant Artie oly Sepia eae ceepaeee eee cata, Berna, 7 SCAD 29, 278 SCRA 38, 586 (16871\pevegn sr abana power; publicnasstance functions; authgtty to inquire and obtain Infarmation; and funeéion to adopt, institute and implement preventive measures, These powers are provided in the Constitution fand in Repablie At No. 6770" ‘The sthority ofthe Ombudsman to investigate any ilogal act or omission of any publie oiial is broad enough to inelude the Investigation of any crime commited by a public official. Tho law docs aot quality the nature ofthe legal actor omission of the pubic “ficial or employee that the Ombudsman may investigate. It does hot require thatthe actor omission be related to or be connected ‘with or arise from, the performance of official duty. Since the law doesnot distinguish, nether should the eourt While the authority of the Ombudsman to investigate any act or omission of any publie offcer or empleyee, other than those Specitcally excepted under the Constitution and Republic Act No. £770, which appeersllegel unjust, improper, or inefcient, x broad, the Constitution and the Ombudsman Act did not intend to confer ‘upon the Ombudsman veto or revisory power over an exercise of judgment or disertion by an agency o office upon whom the judg ‘nent or discretion a awfilly weed. Thus, on the question of whether {tacoept or reject bid and award contract vested by law in 9 gov- fernment agen, whieh involves the exercise of dieretion, the On- ‘budeman ha exceeded his power by reviewing the award and grant- ing it to another bidder * ‘the Constitution require thatthe Ombudsman and his Depu- ties, at protectors of the people, shall set promptly on complaints fled in any form or manner against public officals or employoes of the Government, or any rubdiviion, agency or instrumentality there- of inclding government-ovmed o controlled corporations, and shall, Inappropriate cases, natty the complainants of the action taken and the result thereof. The Canstitation has granted the Office of the Ombudiman the fllowing powers, functions, and duties (1) Tnvestigate on ite own, oF on complaint by any person, any actor omlesion of any public oficial, employee, ‘ie or ageney, wen such ator omission appears to be egal, unjust, improper, or inefficient. Caner ia of MWS, Vana 8SCAD 4,240 SCRA 2 (1005, "putneDonin 191 SCRA S45 (800 al ial WS ngs 69SCAD 40, 240 SCRA 021128) ADMINISTRATIVE LAW « ‘ower af Catal Superion w Tnvertintin vert laventenon (2). Direct, upon compliant or at its own instance, ‘any public oficial or employee ofthe Government, or any Subdivision, agency or instrumentality thereof, as well as ff any government-owned or controlled corporation with ‘rignal charter, to perform and expedite any actor duty ‘required by lao to stop, prevent and correct any abuse for impropriety in the performance of duties. (8). Direct the oficer concerned to take appropriats ‘ction against a publi official or employee at fault, and recommend his Femoval, suspension, demotion, fine, ‘censure ot prosecution, and ensure eampliance therewith (4) Direct the officer concerned, in any appropriate ‘ane, and subject to such limitations as may be provided bby law, to furnish it with copes of documents relating to ‘cantracts or transactions entered intoby his office involving the disbursement or use of pubic funds or properties, and report any irregularity to the Commission on Audit for appropriate action (6) Request any government agency for asistance fand information necessary in the discharge of its ‘responsibilities, and ta examine, ifany nocossary, pertinent ‘records and documenta, (G) Publicize mattrs covored by its investigation ‘when eirumstances so warrant and with due prudence. (7) Determine the nus of inefficiency, red tape, ‘mmanagement, fraud, and corruption inthe Government ‘and make recommendations for their elimination and the ‘observance of high standards of ethics and efficieny, (6) Promulgate its rules of procedure and exorcise such other powers or duties as may be provided by ln” Apart fram the constitutional provisions, Ropublic Act No. 670, otherwise known a8 "The Ombudsman Act of 1989 granted the Office fof the Ombudsman additional powers, functions and duties, to wit: (1). Investigate and prosecute on its own or on complaint by any person, any actor omission of any public officer or employee, office or agency, when such act or ee 1, Art, ConstasonADMINISTRATIVE LAW LAW ON PUBLIC OFFICERS SAND ELECHION LA ‘mission appears tobe egal, unjust, improper o inef- cent. It has primary jurisdiction over eases cognizable by the Sandiganbayan and, inthe exercise of this primery jurisdiction, it may take over, at any stage, frm any lnvestigatory agency of Government, the investigation of such eaves, (2) Direct, upon complaint or at its own instance, any officer or employee ofthe Governtient, or of any sub division, agency or instrumentality thereof as well as any _government-ovned or controlled corporations with original charter to perfarm and expedite any actor duty recired hoy law, oF to stop, provent, and correct any abuse or impropriety in tue parfarmanee of duties, (9)_Direet the oficorconcemed to take appropriate action against a public officer or empleyee at fault or who neglect to perform an acter discharge a duty required by law, and reeommend his removal, suspension, demotion, fine, eensure or prosecution, and ensure compliance therewith; or enforee its daciplinary authority as provided in Section 21 of this Ac: Provided, That the refucal of ay officer without just eause to comply with an order ofthe Ombudsman to remove, suspend, demote, fine, ensure, ‘or prosecute an afcer or employes who is at fall or who noglects to perform an actor discharge a duty required ky Jaw shall be a ground for disciplinary action against said ofier, (4) Diroct the ofcer concerned, in any appropriate ‘aso, and subject to such limitations as it may provide in its rules of procedure, to furnish t with opie of documents relating to contracts or transactions entered into by his ‘fie ivolving the disbursement or use of public funds or propertis, and report any irregularity to the Commission ‘on Ault for appropriate ction, (©) Request any government ageney fr assistance ‘and information necessary in the discharge of his responsibilities, and to examine, f necessary in the ischarge of i responsibilities, pertinent records and documents, (©) Publicize mettars covered by its investigation of the matters mentioned in paragraphs (1), (2) and (4) ADMINISTRATIVE LAW Fever sflovignon hereof, when circumstances so warrant and with due prudence: Provided, That the Ombudsman under its ules ‘and regulations mey determino what ensos may not be rade public Provided, further That any publicity istued by the Ombudsman shall be balance, fair and true, (D)_ Determine the causes of inefvieney, red tape, ‘mismanagement, fraud, and earruption in the Government, fand make recommendations for their elimination and the observance of high standards of ethies and effciney. (8) Administ oaths, issue subpoena and subpoona duces tecum, and take testimony in any investigation or Inquiry, including the power to examine and have access tobank accounts and records, (9) Punish for contempt in accordance with the Rales of Court and under the same procedure and with ‘the same penalties provided therein. (10) Delegate to the Deputios or ita investigator or ‘representatives such authority or duty as shall ensure the ‘fective exeele or performance ofthe powers, functions, ‘and duties hereinafter provided. (11) Tovestigate 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 partos involved herein. ‘The Ombudsman shall give priority to complaints ‘lod againsthigh ranking government offiials andor those occupying supervisory positions, complainta Invalving grave offenses as well as complaints involving large suns tf money andor properties"