ADMINISTRATIVE AGENCIES

ADMINISTRATIVE AGENCIES

CREATION AND ABOLITION OF AGENCIES

        §        Public office – right, authority and duty, created by law, by which, for a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of government, to be exercised by that individual for the benefit of the public.

      – a public trust or responsibility, and embraces the idea of term, duration, emoluments, powers and duties.

  v  The creation of public offices is primarily a legislative function.

>>>   In so far as the legislative power in this respect is not restricted by constitutional provisions, it is supreme, and the legislature may decide for itself what offices are suitable, necessary, or convenient.

  v  All offices created by the legislature are wholly within the power of that body, and it may prescribe the mode of filling the office and the powers and duties of the office holders, and, if it sees fit, abolish the office.

REORGANIZATION OF ADMINISTRATIVE AGENCIES

Definition of Reorganization

      §        Reorganization – process of restructuring the bureaucracy’s organizational and functional set-up, to make it more viable in terms of the economy, efficiency, effectiveness and make it more responsive to the needs of its public clientele as authorized by law.

         – means used by the legislature to reorganize or abolish offices, which it may do so by law directly or indirectly by authorizing an executive department or agency to reorganize the office.

Basis of the President’s Power to Reorganize

  v  The exercise of the power of reorganization or abolition of offices must be made in good faith, otherwise the same may be declared invalid.

        ª       Evidence of bad faith (RA 6656):

1)       Where there is a significant increase in the number of positions in the new staffing pattern of the department or agency concerned;

2)       Where an office is abolished and another performing substantially the same functions us created;

3)       Where incumbents were replaced by those less qualified in terms of status of appointment, performance and merit;

4)       Where there is a classification of offices in the department or agency concerned and the reclassified offices perform substantially the same functions as the original offices; and

5)       Where the removal violates the order of separation.

Bases of Power to Reorganize

        1)       Section 62 of RA 7645

Ø  Sec. 62. Unauthorized organizational changes. – Unless otherwise created by law or directed by the President of the Philippines, no organizational unit or changes in key positions in any department or agency shall be authorized in their respective organizational structures and be funded from appropriations by this Act.

>>> The President is authorized to effect organizational changes, including the creation of offices in the department or agency concerned.

        2)       Section 20, Book III of the 1987 Administrative Code

Ø  Sec. 20. Residual Powers. – Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above or which are not delegated by the President in accordance with law.

        3)       Presidential Decree Nos. 1416 and 1772

           >>> These decrees expressly grant the President of the Philippines the continuing authority to reorganize the national government, which includes the power to group, consolidate, bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities and to standardize salaries and materials.

        4)       Section 31, Book III, Chapter 10 of the 1987 Administrative Code

Ø  Sec. 31. Continuing Authority of the President to Reorganize his Office. – The President, subject to the policy in the Executive Order and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President.

Limitations on the Power of Other Agencies to Reorganize

  v  The exercise of the power of reorganization or abolition of offices must be made in good faith, otherwise the same may be declared invalid.

  v  A reorganization is improper or invalid when effected without observing the prescribed priorities in retention and separation of the personnel concerned taking into account all the relevant factors involved.

ª       Order of separation (Sec. 3, RA 6656):

a)       Casual employees with less than five (5) years of government service;

b)       Casual employee with five (5) years of government service;

c)       Employees holding temporary appointments; and

d)       Employees holding permanent appointments: Provided, That those in the same category as enumerated above, who are least qualified in terms of performance and merit shall be laid off first, length of service notwithstanding.

  v  No officer or employee in the career service shall be removed except for a valid cause and after due notice and hearing.

  v  Officers and employees who are separated from the service as a result of a valid reorganization are entitled to separation and other retirement benefits accruing to them by reason of the termination of their services.
     
   v   The power granted to an executive agency to reorganize itself covers only offices falling under said agency and not those attached thereto.

PURPOSES FOR CREATING ADMINISTRATIVE AGENCIES

    1)       To unclog court dockets. To relieve courts of the burden of resolving all controversies, specialized agencies have been created to hear and decide particular disputes.

    2)       To meet the growing complexities of modern society. As problems of modern society multiply, which can hardly be met by the legislature, administrative agencies are established to promptly cope up with such problems.

    3)       To help in the regulation of ramified activities of a developing country.

    4)       To entrust to specialized agencies in specified fields with their special knowledge, experience, and capability the task of dealing with problems thereof as they have the experience, expertise and power of dispatch to provide solutions thereto.

COMMON TYPES OF ADMINISTRATIVE AGENCIES

     1)       Agencies created to function in situations wherein the government is offering some gratuity, grant, or special privileges.

ü  Philippine Veterans Board

ü  Board on Pensions for Veterans

ü  Philippine Veterans Administration

ü  Government Service Insurance System

ü  Social Security System

    2)       Agencies set up to function in situations wherein the government is seeking to carry on certain governmental functions.

ü  Bureau of Immigration

ü  Bureau of Internal Revenue

ü  Board of Special Inquiry and Board of Commissioners

ü  Civil Service Commission

ü  Central Bank

    3)       Agencies set up to function in situations wherein the government is performing some business service for the public.

ü  Bureau of Posts

ü  Postal Savings Bank

ü  Metropolitan Waterworks and Sewerages Authority

ü  Philippine National Railways

ü  Civil Aeronautics Administration

   4)       Agencies set up to function in situations wherein the government is seeking to regulate business affected with public interest.

ü  Fiber Inspection Board

ü  Philippines Patent Office

ü   Office of the Insurance Commissioner

  5)       Agencies set up to function in situations where the government is seeking under police power to regulate private business and individuals.

ü  Securities and Exchange Commission

ü  Board of Food Inspectors

ü  Board of Review of Motion Pictures

ü  Professional Regulatory Commission

   6)       Agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved.

ü  National Labor Relations Commission

ü  Court of Agrarian Relations

ü  Regional Offices of the Ministry of Labor

ü  Bureau of Labor Standards

ü  Women and Minors Bureau

  7)       Agencies set up to function in situations where the government is seeking to conduct investigations and gather evidence for information, recommendation or prosecution of crimes.

ü  Commission on Human Rights

ü  National Bureau of Investigation

ü  Prosecutor’s Office