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A. General principles

1. GUIDING PRINCIPLES AND POLICIES IN GOVERNMENT

Governmental power shall be exercised in accordance with the following basic principles and policies:

1) The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

2) The State values the dignity of every human person and guarantees full respect for human rights.

3) Civilian authority is, at all times, supreme over the military.

4) The State shall ensure the autonomy of local governments.

5) The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions, in accordance with the Constitution, in Muslim Mindanao and the Cordilleras as may be provided by law.

6) The separation of Church and State shall be inviolable.

7) The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

8) The powers expressly vested in any branch of the Government shall not be exercised by, nor delegated to, any other branch of the Government, except to the extent authorized by the Constitution. (Section 1, Chapter 1, Book II, E.O. 292, Administrative Code of 1987)

2. SUPERVISION, CONTROL, ATTACHMENT

a. Supervision and Control

Control – means the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. (SAMELCO II v. Seludo, Jr., G.R. No. 173840, 25 April 2012)

Supervision and control – shall include authority to:

1) Act directly whenever a specific function is entrusted by law or regulation to a subordinate;

2) Direct the performance of duty;

3) Restrain the commission of acts;

4) Review, approve, reverse or modify acts and decisions of subordinate officials or units;

5) Determine priorities in the execution of plans and programs; and,

6) Prescribe standards, guidelines, plans and programs. (Section 38[2][a], Chapter 7, Book IV, Ibid.)

Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies, the word “control” shall encompass supervision and control as defined in this paragraph. (Section 38[2][c], Chapter 7, Book IV, Ibid.)

b. Supervision

Supervision – means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them, the former may take such action or step as prescribed by law to make them perform their duties. (SAMELCO II v. Seludo, Jr., G.R. No. 173840, 25 April 2012)

Administrative Supervision –which shall govern the administrative relationship between a department or its equivalent and regulatory agencies or other agencies as may be provided by law, shall be limited to:

1) The authority of the department or its equivalent to generally oversee the operations of such agencies and to insure that they are managed effectively, efficiently and economically but without interference with day-to-day activities; or,

2) Require the submission of reports and cause the conduct of management audit, performance evaluation and inspection to determine compliance with policies, standards and guidelines of the department; or,

3) To take such action as may be necessary for the proper performance of official functions, including rectification of violations, abuses and other forms of maladministration; and to review and pass upon budget proposals of such agencies but may not increase or add to them. (Section 38[2][a], Chapter 7, Book IV, Ibid.)

1) Limitation of Supervision

Such authority shall not, however, extend to:

1) Appointments and other personnel actions in accordance with the decentralization of personnel functions under the Code, except appeal is made from an action of the appointing authority, in which case the appeal shall be initially sent to the department or its equivalent, subject to appeal in accordance with law;

2) Contracts entered into by the agency in the pursuit of its objectives, the review of which and other procedures related thereto shall be governed by appropriate laws, rules and regulations; and,

3) The power to review, reverse, revise, or modify the decisions of regulatory agencies in the exercise of their regulatory or quasi-judicial functions. (Section 38[2][b], Chapter 7, Book IV, Ibid.)

Unless a different meaning is explicitly provided in the specific law governing the relationship of particular agencies, the word “supervision” shall encompass administrative supervision as defined above. (Section 38[2][c], Chapter 7, Book IV, Ibid.)

c. Attachment

Attachment – refers to the lateral relationship between the department or its equivalent and the attached agency or corporation for purposes of policy and program coordination. The coordination may be accomplished by having the department represented in the governing board of the attached agency or corporation, either as chairman or as a member, with or without voting rights, if this is permitted by the charter; having the attached corporation or agency comply with a system of periodic reporting which shall reflect the progress of programs and projects; and having the department or its equivalent provide general policies through its representative in the board, which shall serve as the framework for the internal policies of the attached corporation or agency. (Section 38[3][a], Chapter 7, Book IV, Ibid.)

1) Attached agencies

An attached agency has a larger measure of independence from the Department to which it is attached than one which is under departmental supervision and control or administrative supervision. (Beja, Sr. v. CA, En Banc, G.R. No. 97149, 31 March 1992)

This is borne out by the “lateral relationship” between the Department and the attached agency. The attachment is merely for “policy and program coordination.” With respect to administrative matters, the independence of an attached agency from Departmental control and supervision is further reinforced by the fact that even an agency under a Department’s administrative supervision is free from Departmental interference with respect to appointments and other personnel actions “in accordance with the decentralization of personnel functions” under the Administrative Code of 1987. (Ibid.)

Moreover, the Administrative Code explicitly provides that Chapter 8 of Book IV on supervision and control shall not apply to chartered institutions attached to a Department. (Ibid.)

a) Does not make them private corporations

As an attached agency, the Boy Scouts of the Philippines (BSP) enjoys operational autonomy, as long as policy and program coordination is achieved by having at least one representative of government in its governing board, which in the case of the BSP is the DECS Secretary. In this sense, the BSP is not under government control or “supervision and control.” Still this characteristic does not make the attached chartered agency a private corporation. (Boy Scouts of the Philippines v. COA, En Banc, G.R. No. 177131, 07 June 2011)

2) Government owned or controlled corporations (GOCCs)

Government-owned or controlled corporations shall be attached to the appropriate department with which they have allied functions, as hereinafter provided, or as may be provided by executive order, for policy and program coordination and for general supervision provided in pertinent provisions of this Code. (Section 42, Chapter 9, Book IV, E.O. 292, Administrative Code of 1987)

In order to fully protect the interests of the government in government-owned or controlled corporations, at least one-third (1/3) of the members of the Boards of such corporations should either be a Secretary, or Undersecretary, or Assistant Secretary.

3) Regulatory agencies

(1) A regulatory agency shall be subject to the administrative supervision of the department under which they are placed, except when they are government corporations in which case they shall be governed by the provisions of the preceding section. (Section 43[1], Chapter 9, Book IV, E.O. 292, Administrative Code of 1987)

3. ORDINANCE POWER OF THE PRESIDENT

The following are the ordinance power of the President:

1) Executive Orders – Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. (Section 2, Chapter 1, Book III, E.O. 292, Administrative Code of 1987)

2) Administrative Orders – Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. (Section 3, Chapter 1, Book III, Ibid.)

3) Proclamations – Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. (Section 4, Chapter 1, Book III, Ibid.)

4) Memorandum Orders – Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. (Section 5, Chapter 1, Book III, Ibid.)

5) Memorandum Circulars – Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars. (Section 6, Chapter 1, Book III, Ibid.)

6) General or Special Orders – Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders. (Section 7, Chapter 1, Book III, Ibid.)

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