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What Is An Administrative Agency?
What Is An Administrative Agency?
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Public office (admin agency) because it has rights, authorities, and duties created and conferred
by law.
~Businesses regulated since they have public interest like electric, transport, water, etc)
-If no regulation and left to private companies, there can be abuse in the services provided
-Agencies are exercising state police power
-Social policy of the government where NLRC is about business and Labor, ECC is on
employees, DAR is distribution of agricultural lands, CoA to audit diff gov agencies
Who has the power of control, supervision and investigation of these different
administrative agencies? It is the President, because of being inside the executive
department of the state and the executive power is vested on the President of the Philippines.
What is the Power of Control of the President with respect to diff agencies?
-Power to nullify, modify, alter, or set aside decisions of these administrative agencies being
subordinate to the president. Basis: Section 17 Article 7 of 1987 constitution.
“Section 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.”
Agencies created by congress through a law. That law should provide what rule making or
adjudicatory functions these agencies are conferred with.
-If law is silent, the control will always be with the President.
-If very explicit and clear who will exercise, The president will only have the power to supervise
-Difference: supervision is power to see to it that laws are faithfully executed and cannot control
the agency by altering the rules and regulations set up by the agencies. (rule making power of
administrative agencies should be respected when delegated)
What do you mean when you say “alter ego of the president”?
-Exercising the same power and functioning as the representative in person and in power
delegated or given for the purpose. Presumption that the acts of the secretaries are the acts of
the president.
-Acting in behalf of the president as if the president did said action.
BIR rule making violation of the doctrine? It’s not a violation because said power is only for
the purpose of carrying out the tax laws and it’s not the BIR who determines what tax laws are
to be passed. In short, implementation only rules.
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