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A.M. No.

88-71861-RTC

In re: Designation of Judge Rodolfo Manzano as member of the Ilocos Norte Provincial Committee on
Justice.

Facts:

Judge Rodolfo U. Manzano was designated as a member of the Ilocos Norte Provincial
Committee on Justice which was created pursuant to Presidential Executive Order No. 856 as amended
by E.O. No. 326. He sent a letter to request for the issuance by the Honorable Supreme Court of a
Resolution to authorize him to accept the appointment and to assume and discharge the powers and
duties of said position.

According to E.O. No. 856, as amended, the Committees are created to insure the speedy
disposition of cases of detainees, particularly those involving the poor and indigent ones, thus alleviating
jail congestion and improving local jail conditions.

It is evident that such committees perform administrative functions. Administrative functions


are those which involve the regulation and control over the conduct and affairs of individuals for; their
own welfare and the promulgation of rules and regulations to better carry out the policy of the
legislature or such as are devolved upon the administrative agency by the organic law of its existence.

Under E.O. No. 326, the Committees on Justice will be under the supervision of the Secretary of
Justice and quarterly accomplishment reports is to be submitted to its office.

Issue:

WON the membership of Judge Manzano in the Committee will be in violation of the
Constitution?

Ruling:

Yes. Under the Constitution, the members of the Supreme Court and other courts established by
law shall not be designated to any agency performing quasi- judicial or administrative functions (Section
12, Art. VIII, Constitution).

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