Chapter II - CREATION, ESTABLISHMENT AND ABOLITION OF ADMINISTRATIVE AGENCIES

Question 0

What are some limitations of Admin agencies

acting as a court?

Answer 0

 Administrative agencies:
 CANNOT exercise PURELY judicial
functions,
 Do NOT have the inherent powers of a
court,
 Are NOT bound in their proceedings by all
the rules applicable to proceeding in court.

Question 1

What is the nature (in General) of Administrative

Agencies?

Answer 1

 Admin agency is an indefinite and generic term
and covers boards, commission, departments and
divisions and somewhat less familiar
designations of “office” and “authority”. It may
even cover a single officer.

Question 2

What is an Administrative Agency?

Answer 2

 It is an organ of government, other than a court
and other than a legislature, which affects the
rights of private parties through either
adjudication or rule making.
 It may be called a commission, board, bureau,
office administrator, department, authority,
corporation, administration, division or agency.

Question 3

How are administrative agencies Created?

Answer 3

They are created whether individual or
institutional by:
1) Constitutional Provisions
 E.g.: CSC, COMELEC, COA
2) Legislature in legislative enactments
 E.g. : Bureau of Customs, BIR, NLTC,
PRC, Court of Agrarian Relations, Phil.
Patent Office, SEC, Board of
Transportation, Social Security
Commission, BSP, National Grains
Authority
3) Authority of law
 Under various gov’t reorganization acts, the
President and the Gov’t Survey and
Reorganization Commission had been
authorized and had in fact created
administrative offices and agencies in the
course of the reorganization of the executive
branch of the gov’t.

Question 4

What are the Purposes of Administrative

Agencies?

Answer 4

1) To dispense certain privileges accorded by the
govt;
2) To carry on governmental business or functions;
3) To carry on or undertake some business service
for the public;
4) To regulate certain public callings or business
affected with public interest;
5) To promote the general welfare through police
regulations
6) To determine rights of individuals in certain
cases where a strong social policy is involved.

Question 5

What are Common Types of Administrative

Agencies?

Answer 5

1) Agencies created in situations wherein the
government is offering some gratuity, grant, or
special privilege
 E.g.: Phil. Veterans board (defunct), Board
on pensions for Veterans, NARRA,
Philippine Veterans Administration
2) Agencies set up to function in situations wherein
the gov’t is seeking to carry on certain gov’t
functions.
 E.g.: Bureau of Immigration, BIR, Board of
Special Inquiry, Board of Commissioners,
CSC, BSP
3) Agencies set up to function in situations wherein
the gov’t is performing some business service for
the public
 E.g.: Bureau of Posts, Postal Savings Bank,
MWSS, Phil National Railways, Civil
Aeronautics Administration
4) Agencies set up to function in situations wherein
the gov’t is seeking to regulate business affected
with public interests
 E.g.: Fiber Inspection Board, Phil Patent
Office, Office of the Insurance
Commissioner
5) Agencies set up to function in situations wherein
the gov’t is seeking under the police power to
regulate private business and individuals
 E.g.: SEC, Board of Food Inspectors,
MTRCB, PRC
6) Agencies set up to function in situations wherein
the gov’t is seeking to adjust individual
controversies because of some strong social
policy involved
 E.g.: NLRC, Court of Agrarian Relations,
the Regional Offices of DOLE, the Social
Security Commission, Bureau of Labor
Standards, Women and Minors Bureau.

Question 6

What is the degree of Control of the Legislature

over Administrative Agencies?

Answer 6

 Legislative power over admin agencies is very
broad, it is the legislative branch that:
 Promulgates the general policy
 Creates the agency to administer it if none is
already in existence for the purpose
 Prescribes the mode of appointment, the
term of office and compensation;
 Fixes its authority and procedure;
 Determines the size of its personnel and
staff;
 Exercises continuing surveillance over its
activities;
 May investigate its operations for remedial
or corrective legislation
 Legislature is more and more in favor of
enacting statutes in broad and general wording
and leaving details thereof to administrative
agencies to fill by rules, orders, regulations and
the like.