B.

Distinguished from judicial power

Carino vs CHR 204 SCRA 483

Facts: Some 800 public school teachers, among them members of the Manila PublicSchool Teachers Association
(MPSTA) and Alliance of Concerned Teachers (ACT)undertook what they described as amass concerted actions" to
"dramatize and highlight'their plight resulting from the alleged failure of the public authorities to act
upongrievances that had time and again been brought to the latter's attention. According tothem they had decided
to undertake said "mass concerted actions" after the protest rallystaged at the DECS premises on September 14,
1990 without disrupting classes as a lastcall for the government to negotiate the granting of demands had elicited
no responsefrom the Secretary of Education. Through their representatives, the teachersparticipating in the mass
actions were served with an order of the Secretary of Educationto return to work in 24 hours or face dismissal, and
a memorandum directing the DECSofficials concerned to initiate dismissal proceedings against those who did not
complyand to hire their replacements. "For failure to heed the return-to-work order, the CHRcomplainants (private
respondents) were administratively charged on the basis of theprincipal's report and given five (5) days to answer
the charges. They were alsopreventively suspended for ninety (90) days 'pursuant to Section 41 of P.D. 807'
andtemporarily replaced. An investigation committee was consequently formed to hear thecharges in accordance
with P.D. 807."Issue: WON the Commission on Human Rights has jurisdiction, adjudicatory powersover, or the
power to try and decide, or hear and determine, certain specific type ofcases, like alleged human rights violation
involving civil or political rights.Held: The Court declares the Commission on Human Rights to have no such
power.The Constitution clearly and categorically grants to the Commission the power toinvestigate all forms of
human rights violations involving civil and political rights. It canexercise that power on its own initiative or on
complaint of any person. It may exercisethat power pursuant to such rules of procedure as it may adopt and, in
cases ofviolations of said rules, cite for contempt in accordance with the Rules of Court. In thecourse of any
investigation conducted by it or under its authority, it may grantimmunity from prosecution to any person whose
testimony or whose possession ofdocuments or other evidence is necessary or convenient to determine the truth. It
mayalso request the assistance of any department, bureau, office, or agency in theperformance of its functions, in
the conduct of its investigation or in extending suchremedy as may be required by its findings.But it cannot try and
decide cases (or hear and determine causes) as courts of justice, or even quasi-judicial bodies do."x x 'It may be said
generally that the exercise of judicial functions is to determine what the law is, and what the legal rights of parties
are,with respect to a matter in controversy; and whenever an officer is clothed with thatauthority, and undertakes
to determine those questions, he acts judicially.'x x."

Hence it is that the Commission on Human Rights, having merely the power "toinvestigate," cannot and should not
"try and resolve on the merits" (adjudicate) thematters involved in Striking Teachers HRC

F. Scope of quasi-judicial powers of an administrative agency

GSIS vs CSC 202 SCRA 799

Facts : The Government Service Insurance System (GSIS) dismissed six (6)employees as being "notoriously
undesirable," they having allegedly been foundto be connected with irregularities in the canvass of supplies and
materials. Fiveof these six dismissed employees appealed to the Merit Systems Board. TheBoard found the
dismissals to be illegal because affected without formal chargeshaving been filed or an opportunity given to the
employees to answer, andordered the remand of the cases to the GSIS for appropriate disciplinaryproceedings. The
GSIS appealed to the Civil Service Commission. By Resolution,the Commission ruled that the dismissal of all five was
indeed illegal. GSISappealed to the SC and affirmed the decision of the CSC with a modification thatit eliminated the
payment of back salaries until the outcome of the investigationand reinstatement of only 3 employees since the
other two had died. The heirs ofthe deceased sought execution of the order from the CSC which was granted.GSIS
opposed and came to the SC on certiorari contending that the CSC does nothave any power to execute its resolution
or judgment.Issue : WON the CSC had powers to execute its resolution or judgment.Ratio : The Civil Service
Commission, like the Commission on Elections and theCommission on Audit, is a constitutional commission invested
by theConstitution and relevant laws not only with authority to administer the civilservice, but also with quasi-
judicial powers. It has the authority to hear anddecide administrative disciplinary cases instituted directly with it or
brought to iton appeal.The Civil Service Commission promulgated Resolution No. 89-779 adopting,approving and
putting into effect simplified rules of procedure on administrativedisciplinary and protest cases, pursuant to the
authority granted by theconstitutional and statutory provisions. The provisions are analogous andentirely consistent
with the duty or responsibility reposed in the Chairman byPD 807, subject to policies and resolutions adopted by
the Commission. In lightof all the foregoing constitutional and statutory provisions, it would appearabsurd to deny
to the Civil Service Commission the power or authority toenforce or order execution of its decisions, resolutions or
orders which, it should

be stressed, it has been exercising through the years. It would seem quite obviousthat the authority to decide cases
is inutile unless accompanied by the authorityto see that what has been decided is carried out.

Hence, the grant to a tribunal oragency of adjudicatory power, or the authority to hear and adjudge cases,should
normally and logically be deemed to include the grant of authority toenforce or execute the judgments it thus
renders, unless the law otherwise provides.

Death, however, has already sealed that outcome, foreclosing the initiation of disciplinary administrative
proceedings, or the continuation of any then pending, against the deceased employees. Whatever may be said of
the binding force of the Resolution of July 4, 1988 so far as, to all intents and purposes, it makes exoneration in the
administrative proceedings a condition precedent to payment of back salaries, it cannot exact an impossible
performance or decree a useless exercise.

Chapter 1
administrative law – all laws that control or is intended to control, the administrative operations of government.
administrative organization – refers to a process of re-ordering or restructuring the administrative offices and
agencies

Kinds of administrative law

a. statures setting up administrative authorities

b. body doctrines and decision dealing with the creation, operation and effect of determinations and regulation of
such administrative authorities

c. rules, regulations, or orders of such administrative authorities in pursuance of the purposes for which
administrative authorities were created or endowed

d. determinations, decisions, and order of such administrative authorities in the settlement of controversies arising
in their particular fields

administrative instrumentality – authority to which the state delegates governmental power for the performance of
a state function

Chapter 2

administrative agencies have power or functions

a. discretionary – one wherein by law imposes a duty and gives him a right to decided how or when the duty shall
be performed and necessarily requires the exercise of judgment.

b. ministerial – one which is clear and specific as to leave no room for the exercise of discretion in its performance

c. express – what is conferred explicitly or by necessity by an enabling act or statute

d. implied – when a general grant of power to try actions carry with it all necessary and incidental powers to
employ or exercise to make such performance of the power effective

e. permissive – discretionary in nature and merely outlines the act to be done in such a way that no injury can result
from ignoring it or can be done in a different manner, the person is not controlled and is free to decide.

f. mandatory – is a statute which commands either positively that something be done, or performed in a particular
way or negatively that something be not done. It is a command or prohibition.

g. quasi legislative – enables them to promulgate implementing rules and regulations

h. quasi judicial – to interpret and apply such regulations

Chapter 3
A. President as Chief Executive and Administrative Officer

President’s power of control – to alter or modify or nullify or set aside what a subordinate officer had done in the
performance of his duties and to substitute his judgment with that of the latter.

Note: 1. abolition or creation of executive office 2. suspension or removal of officials or employees w/o
due process 3. setting aside modification or supplanting of decisions of quasi judicial agencies that have become
final Camarines v Torres

Doctrine of qualified political agency – The multifarious executive and administrative functions of the Chief
Executive are performed through the acts of the Secretaries. They are the alter-ego of the President, acts of the
department are presumed to be the acts of the President.

President’s power of supervision – the power to see that the officials not categorized as executive departments,
bureaus and offices, perform their duties and if they fail or neglect to fulfill them, to take actions by law to make
them perform their function. He cannot interfere but merely oversight over an inferior body, watch observe or
check.

1. generally oversee agency and ensure that they are managed properly without interference

2. require the submission of reports and cause to determine compliance with the rules and regulations

3. take such actions for the proper performance of official functions

4. review and pass upon budget proposals of such agencies but may not increase

Power of Review – to determine whether it is necessary to correct the acts of the subordinate which includes the
power to disapprove but not substitute.

B. Power of Investigation

Executive power of investigation – President has the power to order the conduct of investigation for administrative
functions, prosecution, rule-making, adjudication and for purpose no more specific than illuminating obscure areas.
Exercised not only in proceeds of legislative or judicial nature, but also in proceedings whose sole purpose is to
obtain information upon which future action of a legislative or judicial nature may be taken and require the
attendance of witnesses in proceedings. Even general inquiries.

Chapter 4

Quasi-Legislative Power - is rule making power of the executive function to create rules and regulations to
implement the law

1. completeness test - the law must be complete in all its terms and conditions when it leaves the legislature such
that when it reaches the delegate the only thing he will have to do is to enforce it
2. the sufficient standard test - there must be adequate guidelines or stations in the law to map out the boundaries
of the delegate’s authority