Art. 7, Sec.

17
 Power to Control
 Power of Supervision
 Power to Re-organize
BUKLOD VS ZAMORA (2001)
Issue: Can the President abolish public office? Does he have this power?
Ruling: The court said that the President can abolish a public office. The
president can do if he sees that these specific bureaus are not functioning. The
power to create includes the power to destroy.

A public office is either created by:

1. Constitution
2. By Statutes, or ----- Congress
3. By authority of law ----- President

GR: The power to abolish a public office is lodged in the legislature

EXPN: Power of the President

If there is abolition of an office, there is no violation of the right to security of

tenure.

Instances that President cannot delegate his powers

1) Declaration of martial law
2) Suspension of the writ of habeas corpus
3) Pardoning power
4) executive clemency
5) Diplomatic relations
6) Power to investigate

LIMITED SUPERVISION, SUPERVISORY POWER OVER LGU

The President shall exercise general provision over local government (Art. 10,
sec. 4)
The President shall exercise general supervision over autonomous regions to
ensure that laws are faithfully executed (Art. 10, Sec. 16)

Supervision - overseeing or power or authority of an officer to see that

subordinate officers perform their duties.

Power of Control Power of Supervision

Power to alter, modify, nullify or set aside what the
subordinate officer had done in the performance of his
duties and to substitute the judgment of the former for
that of the latter
Effects is only with respect to the acts
Pres may set aside the judgment or action taken by the
subordinate BUT this is not the source of his disciplinary
power (his disciplinary power come from his power to
appoint)
It necessarily includes power of supervision
Power of the superior officer to ensure that the laws are
faithfully executed by inferiors
Effects may be both with the acts and actors
If the subordinate officer did not perform the functions
of his office, the person may be investigated and
discipline.
Does not include power to control

GANZON VS CA (1991)
Facts: Ganzon was suspended by DILG Sec. He questioned DILG’s authority saying that supervisory power excludes
the power of investigation and denied her control which allegedly embraces disciplinary authority.
Held: The Court said that the local gov’t officials can be penalized under the supervisory functions of the executive.
SUPERVISION and INVESTIGATION are not inconsistent terms.

JOSON VS TORRES (1998)

The president remains the Disciplinary Authority. The power of the DILG to investigate administrative complaints is
based on the alter-ego principle or Doctrine of Qualified Political Agency.

NATIONAL LIGA VS PAREDES (2004)

ISSUE: Does the President’s power of general supervision extend to the liga ng mga barangay, which is not a LGU?
HELD: YES. In Opinion 41, Series of 1995, the Department of Justice ruled that the liga ng mga barangay is
government organization, being an association, federation, league or union created by law or by authority of law,
whose members are either appointed or elected gov’t official. In succession, the DILG assumed stewardship and
jurisdiction over the Liga affairs, issued supplementary guidelines for the election and nullified the effects of the Liga-
conducted election.
SUSPENSION OF PRIVILEGE OF WRIT OF HABEAS CORPUS
 A “Writ of Habeas Corpus” is an order from the court commanding a detaining officer to
Inform the court (I) if he has the person in custody, and (ii) what his basis in detaining that
person.
 The privilege of the writ is that portion of the writ requiring the detaining officer to show
cause why he should not be tested.
 Note that it is the privilege that is suspended, not the writ itself, so the Court can still issue
the writ in spite of the suspension of the privilege.
Effects:
1. The suspension of the privilege of the writ applies only to persons “judically charged” for
rebellion or offenses inherent in or directly connected with invasion ( Art. 7, Sec. 18(5))
 Persons suspected of the above crimes can be arrested and detained without a
warrant of arrest
 They can be arrested even if it is not a valid “warrantless arrest: under the Rules of
Court
2. During the suspension of the privilege of the writ, any person thus arrested or detained
shall be judicially charged with in 3 days, or otherwise he shall be released (Art. 7, Sec. 18(6))
 If not charged, public officer becomes liable under Art. 125 for “delay in the delivery of
detained persons”
 Detainee or someone in his behalf may file a petition for habeas corpus
3. The right to bail shall not be impaired even when the privilege of the writ if habeas corpus is
suspended. (Art. 3, Sec. 13)
THE COMMANDER-IN-CHIEF POWERS OF THE PRESIDENT:
1. CALLING OUT POWERS - To call out the AFP to suppress lawless violence, invasion or
rebellion
2. SUSPEND THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS - if there is invasion or rebellion
3. MARTIAL LAW -Declaring Martial Law placing the Philippines or any part thereof
4. EMERGENCY POWERS - exercise in times of national emergency, the President can take over
these public utilities or entities as long as he is authorized by Congress.