I. CONSTITUTIONAL COMMISSIONS a.

Commission on Civil Service Mission : We, as the central human resource institution and as adviser to the President on personnel management of the Philippine Government, exist to be the forerunner in : ( Kami, bilang punong institusyon pang-yamang tao at tagapayo ng Pangulo tungkol sa pamamahalang pantauhan ng Pamahalaan ng Pilipinas, ay nananatiling nangunguna sa: ) Upholding merit, justice ( Pagtataguyod sa merito, katarungan at pagkamakatwiran ) Building competence, expertise ( Paglilinang ng kahusayan, kadalubhasaaan at pag-uugali ) and fairness

and

character

Ensuring delivery of quality public services and ( Pagtiyak sa paghahatid ng mahusay na serbisyo publiko at mga nagawa ) Institutionalizing workplace harmony and ( Pagpapamalagi ng maayos na pagkakaugnayan at kagalingan sa trabaho ) Fostering partnership ( Pagyaman sa balikatan at pakikipagtulungan ) and

products

wellness

collaboration

b. Commission on Elections The Commission on Elections is mandated to give life and meaning to the basic principle that sovereignty resides in the people and all government authority emanates from them. It is an independent constitutional body created by a 1940 amendment to the 1935 Constitution. Since then, its membership was enlarged and its powers expanded by the 1973 and 1987 Constitutions. The Commission exercises not only administrative and quasi-judicial powers, but judicial power as well.

Constitutional powers and functions of the COMELEC 1. Enforce and administer all laws relative to the conduct of elections; 2. Be the sole judge of all contests relating to the elections, returns, and qualifications of members of the national assembly and elective provl and city officials. 3. Decide, save those involving the right to vote.

4. Deputize 5. Register and accredit political parties 6. Recommend to the National assembly effective measures to minimize election expenses. 7. Submit to the president, and the National Assembly a report on the conduct and manner of each election 8. Perform such other functions as may be provided by law.

c. Commission on Audit The Commission on Audit (COA) is the Philippines' Supreme Audit Institution. The Philippine Constitution declares its independence as a constitutional office, grants it powers to audit all accounts pertaining to all government revenues and expenditures/uses of government resources and to prescribe accounting and auditing rules, gives it exclusive authority to define the scope and techniques for its audits, and prohibits the legislation of any law which would limit its audit coverage.

II. ADMINISTRATIVE LAW Administrative Law defines: - as that branch of public law which fixes the organization of government, determines the competence of the administrative authorities who execute the law, and indicates to the individual remedies for the violation of his rights. (Goodnow, Comparative-Administrative Law, p. 8). - as that system of legal principles which settles the conflicting claims of the executive and administrative authorities on the one hand and of the individual or private right on the other. (Freud, Cases on Administrative Law, p. 1) - as the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of an administrative action. (Davis)

A. POWERS AND FUNCTIONS 1. Purpose of Administrative a. The chief concern of administrative law, as of all other branches of civil law, is the protection of private rights. Its subject matter is, therefore, the nature and mode of exercise of administrative power and the system of relief against administrative action. (42 Am. Jur. 287.) 2. Function of Administrative Law a. The main function of administrative law is to make the government machinery work well and in an orderly manner. 3. Kinds of Administrative Law 1. Statutes setting up administrative authorities, either by creating boards and commissioners or administrative offices or by confiding the powers and duties of existing boards, commissions, or offices, to amplify, apply, execute and supervise the operation of and determine controversies arising under, particular laws in the enactment of which the legislature decided for matters of convenience or for quicker or more efficient administration to withhold the controversies. 2. That body of doctrines and decisions dealing with the creation, operation, and effect of determinations and regulations of such administrative authorities; 3. Rules, regulations, or orders of such administrative authorities enacted and promulgated in pursuance of the purpose for which they were created or endowed; 4. Determinations, decisions, and orders of such administrative authorities made in the settlement of controversies arising in their particular fields. 4. Administrative Body - Body is a body composed of one or more officials designed to carry on certain business of government; to dispense certain services or privileges accorded by government. a. Types of Administrative Bodies/Agencies 1. Bodies set up to function in situations where in the government are offering some gratuity, grant or special privileges. ex. a. Philippine Veterans Administration b. The Board of Pensions for Veterans

c. The Bureau of Lands d. The Bureau of Public Works and c. The Social Welfare Administration. 2. Bodies set up to function in situations where in the government are seeking to carry on certain business of government. ex. a. Bureau of Internal Revenue b. Bureau of Customs c. Board of Special Inquiry d. Commission of Immigration e. Tariff Commission. 3. Bodies set up to function in situation wherein the government is seeking to regulate business affected with public interest. ex. a. Philippine National Railways b. National Waterworks c. Sewerage Authority d. Bureau of Post 4. Bodies set up to function in situations where in the government is seeking to regulate business affected with public interest. ex. Land Transportation Commission which regulates the operation of public utilities in the Philippines. 5. Bodies set up to functions is situations wherein the government is seeking under the police power to regulate private business and private. ex. A. Securities and Exchange Commission B. Different Boards of Examiners c. Bank Commissioner d. Board of Food Inspections e. Patents Office

6. Bodies set up to function in situations where in the government is seeking to adjust individual controversies, because of some strong social policy involve. ex. a. National Labor Relations Commission b. Court of Agrarian Relations c. Employees Compensation Commission d. Different Regional Offices of the Department of Labor 7. Administrative bodies set up to make the government a private party. ex. A. Commission on Audit B. GSIS - Administrative bodies or agencies are created by or receive their powers from constitutional provisions, but most of them have their sources in legislative enactments. b. Powers of Administrative Agencies 1. Quasi-legislative or power of rule-making; 2. Quasi judicial or power of adjudication; 3. Discretionary and ministerial; 4. Investigatory and Inquisitorial powers; 5. Determinative powers which may be divided into (a.) enabling powers; (b.) directing powers; (c.) dispensing powers; (d.) examining powers; and (e.) summary powers. 1. Quasi-legislative or power of rule-making . - this is the power of making rules and regulations to govern a certain subject. - Since the primary function of the administrative bodies is regulatory, the power of promulgating rules and regulations concerning subjects within its jurisdiction becomes one of its indispensable functions. 2. Quasi judicial or power of adjudication

- Quasi judicial function is defined as a term applied to action, discretion, etc. of public administrative offices or bodies required to investigate facts, or ascertain the existence of facts, hold hearings, and conclusions from them as a basis for their official action and to exercise discretion of a judicial nature.

- It would mean a determination of rights, privileges and duties resulting in a decision or order which applies to a situation. ex. By Resolutions 3. Discretionary and ministerial power - administrative bodies or tribunals may be vested with both discretionary and ministerial powers or duties. When is the power or duty Discretionary? - the power or duty is Discretionary where the administrative body or officer is given authority to do any act but not required to do such act, the doing of the same is being dependent upon his sound discretion. Ex. The matter of passing in audit a salary voucher is discretionary. The Auditor general exercises the power when he acts on whether to pass a salary voucher in audit or not. When is the power or duty Ministerial? - The power or duty is Ministerial where its discharge by the officer concerned is imperative and requires neither judgment nor discretion on his part. ex. When an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority without regard to the exercise of his own judgment. 4 . Investigatory and Inquisitorial powers - it is the power to inspect or to secure or to require the disclosure of information by means of accounts, records, or otherwise. Administrative Boards or tribunals powers: 1. the issuance of subpoena; 2. the swearing in of the witnesses; 3. the interrogation of witness; 4. the calling for production books, papers, and records 5. requiring that books, papers, and records be made available for inspections; 6. inspecting premises; 7. requiring written answers to questionnaires;

8. requiring reports, periodic or special 9. requiring of filing of statements. 5. Determinative powers and functions. - the powers and functions of the administrative bodies are classified into: a. The enabling powers Most frequently conferred on administrative officers is that of enabling, permitting, or allowing something which the law undertakes to regulate to be done with their approval.

Ex. Granting or denial of licenses to engage in a particular business or occupation. b. The Directing Powers - It is illustrated by the corrective powers of the Board of transportation, BIR, Bureau of Custom, etc. c. The Dispensing Power - consist in the granting of exemptions from or relaxing of a general prohibitions, such as the authority of zoning boards to vary provisions of zoning statute or ordinance. Ex. The authority of Acceptance Board of the Phil. Army to relieve certain persons from military training. d. The Examining Power - it is also called the investigatory powers which consist in requiring the production of books, papers, records for inspection, the attendance of witnesses and compelling their testimony and the filing of statements. * Administrative bodies do not have inherent power to require attendance of witnesses.

III. IMPEACHMENT is an expressed power of the Congress of the Philippines to formally charge a serving government official with an impeachable offense. After being impeached by the House of Representatives, the official is then tried in the Senate. If convicted, the official is either removed from office or censured.

Impeachable officials President of the Philippines Vice-President of the Philippines Justices of the Supreme Court of the Philippines Members of the Constitutional Commissions: Commission on Elections Civil Service Commission Commission on Audit Ombudsman

Impeachable offenses The Constitution limits the offenses to the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense.

Impeachable offenses The Constitution limits the offenses to the following: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. In the 1935 and 1975 constitution, betrayal of public trust was not an impeachable offense.

Culpable violation of the constitution For purposes of impeachment, "culpable violation of the constitution" is defined as "the deliberate and wrongful breach of the Constitution." Furthermore, "Violation of the Constitution made unintentionally, in good faith, and mere mistakes in the proper construction of the Constitution do not constitute and impeachable offense."

Treason According to the Revised Penal Code, treason is defined as "Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere. Bribery The Revised Penal Code defines bribery in two forms: Direct bribery is "committed by any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another." Indirect bribery is "committed by a public officer when he accept gifts offered to him by reason of his office. Graft and corruption Any violation of the Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act is an impeachable offense. Other high crimes or betrayal of public trust In Francisco Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc., the Supreme Court purposely refused to define the meaning of "other high crimes or betrayal of public trust," saying that it is "a non-justiciable political question which is beyond the scope of its judicial power." However, the Court refuses to name which agency can define it; the Court impliedly gives the power to the House of Representatives, which initiates all cases of impeachment.

IV. The OMBUDSMAN

THE OMBUDSMAN AND HIS DEPUTIES, as protectors of the people shall act promptly on complaints filed in any form or manner against officers or employees of the Government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people (Section 13, R.A. No. 6770; see also Section 12 Article XI of the 1987 Constitution). The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties (Sec. 15, R.A. No. 6770).

a. Powers and functions of Ombudsman The Office of the Ombudsman shall have the following powers, functions and duties Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases (Sec. 15(1) R.A. No. 6770; see also Sec. 13(1), Article XI, 1987 Constitution);

Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties (Sec. 15(2) R.A. No. 6770; Sec 13(2) Article XI, 1987 Constitution);

Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglects to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 or this Act: Provided, That the refusal by any officer without just cause to comply

with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be ground for disciplinary action against said officer (Sec. 15(3) R.A. No. 6770; see also Sec 13(3), Article XI, 1987 Constitution);

Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action (Sec. 15(4) R.A. No. 6770; see also Sec. 13(4), Article XI, 1987 Constitution); Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due determine what cases may not be made public: Provided further, That any publicity issued by the Ombudsman shall be balanced, fair, and true (Sec 15(6) R.A. No. 6770; see also Sec 13(6), Article XI, 1987 Constitution);

Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government and make recommendations for their elimination and the observance of high standards of ethics and efficiency (Sec 15(7) R.A. No. 6770; see also Sec 13(7), Article XI, 1987 Constitution);

Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records (Sec 15(8), R.A. No. 6770);

Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein (Sec 15(9), R.A. No. 6770);

Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise of performance of the powers, functions, and duties herein or hereinafter provided (Sec 15(10), R.A. No. 6770);

Investigate 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 parties involved

therein

(Sec

15(11),

R.A.

No.

6770);

Promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law (Sec 13(7), Article XI, 1987 Constitution; see also Sec. 18, R.A. No. 6770);

Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents (Sec. 15(5), R.A. No.6770; see also Sec. 13(5), Article XI, 1987 Constitution);