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Pangangasiwa
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The most accurate translation of "Administration" in the context of this lecture.
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Administrative Code of 1917
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The version of Administrative Code during the Commonwealth Government.
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Administrative Code of 1917
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This Administrative Code is based on the American Public Administration. This paved the way for the reorganization of the Philippine Government.
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Administrative Code of 1917
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Administrative Code used during the Commonwealth (1917) to First Republic in the Philippines (1978).
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Administrative Code of 1978
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The special occasion in this Administrative Code was that it was not fully implemented because it was a one-man rule in that context. Government institutions wouldn't able to work with themselves, no decentralization.
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Administrative Code of 1987
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It was created by the Executive Order #292.
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Executive Order
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After Martial Law, Provisional/Revolutionary Government (1986-1987) - President Corazon Aquino was able to use Legislative powers. This used by President Corazon Aquino because of the circumstance.
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Presidential Decree
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It was used during the time of Marcos' Martial Law, it was equal as a statute. It stands as a law.
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Present Executive Order/Executive Order
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Valid only in the executive branch. It does not apply to ordinary people and focuses more on reorganization and easier implementation of laws.
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Rationale of the Administrative Code
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The government should be adaptive to the complicated and modern life of its people.
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Government subjects
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These are Business entities, Education institutions, transportation networks. People that need regulation from the government.
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Rationale of the Administrative Code
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Growing number of subjects that needs regulation from the government.
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Rationale of the Administrative Code
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Increased Difficulty of Administration of Laws. There should be a need for administration because there is difficulty of implementing laws. Specific, on-the-ground.
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Time, Expertise, and Effective Regulation of Laws in Accordance with Modernization
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These are the reasons for the necessity of Administrative Agencies.
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Administrative Agencies
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Organs of government, other than a court and other than a legislature, which affect the rights of the private parties either through adjudication or through rule-making.
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TRUE
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TRUE or FALSE: Administrative Agencies are not a court nor a legislature.
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Implementing Rules and Regulations
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This is the creation and responsibility of agencies to accommodate the laws passed by the legislature.
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Rule-Making
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Quasi-legislative function of Administrative agencies.
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Adjudication
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Quasi-judicial function of Administrative agencies.
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Agency
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Includes any department, bureau, office, commission, authority or officer of the National Government authorized by law or executive order to make rules, Issue licenses grant rights or privileges, and adjudicate cases.
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Agency
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Research institution with respect to licensing functions.
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Agency
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Government corporations with respect to functions regulating private right, privileges, occupation or business
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Agency
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Officials in the exercise of disciplinary power as provided by law.
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Regulatory
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This is the nature of administrative agencies to conduct hearings and determine controversies to carry out its duty.
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Rule-Making
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This is the nature of administrative agencies that does not have discretion to determine what the law shall be but merely prescribes details for the enforcement of the law.
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TRUE
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TRUE or FALSE: Hearings are mere public consultations.
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Constitutional Commissions
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These are created upon the promulgation of the constitution.
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FALSE
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TRUE or FALSE: Constitutional Commission can be destroyed by laws.
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Agencies from Statute
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Agencies created by laws.
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Executive Order
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Ordinances created only within the executive branch of the government. Created to be more efficient to implement the actions of the executive branch.
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Ombudsman
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Created from Sui generis.
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GSIS, SSS, PAO
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Kind of administrative agencies that gives government grant of gratuity, special privileges.
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BIR, BOC, LRA, PNR, MWSS, NFA, NHA
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Kind of administrative agencies that carries out the actual business of government. Service for public benefit.
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Insurance Commission, LTFRB, NTC, DHSUD
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Kind of administrative agencies that regulates businesses affected with public interest.
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Securities and Exchange Commission (SEC), DTI, ECC, NLRC, DAR, COA
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Kind of administrative agencies that regulates private businesses and individuals. Adjusting individual controversies because of a strong social policy involved.
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Administrative Order
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Issuance of the President to particular aspects of governmental operations in pursuance of his duties as the administrative head.
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Proclamation
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Acts of the President fixing a date or declaring a status or condition of public moment or interest.
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Memorandum Order
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Acts of the President on matters of administrative detail, or of subordinate or temporary interest which only concern a particular officer of government office.
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Memorandum Circular
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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.
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General or Special Orders
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Acts of the President as commander-in-chief of the AFP.
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Philippine Army
Philippine Navy
Philippine Airforce
Philippine Navy
Philippine Airforce
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AFP consists of:
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Constitution
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Fundamental Law of the Land. Higher than the government itself.
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Executive, Legislative, and Judiciary
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Governance is divided into three. They all have their own administrative systems.
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Administrative System
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The main organ of the Philippine Administrative System. Execute and implement all the laws passed.
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Local Government
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General Supervision. Supervision is the only influence of the Executive branch. Their own way of charting their own destiny. Decentralized and possesses Local Autonomy.
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TRUE
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TRUE or FALSE: Both houses of the legislature are equal.
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Secretariat
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Administrative Agency of the Legislative Department.
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Court Administrator
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Administrative Agency of the Judiciary. Administer the Courts in the Country.
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Lucas Bersamin
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Executive Secretary of the Philippines.
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Atty. Renato Bantug
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Senate Secretary
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Secretary General Reginald Velasco
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House of Representatives Secretary
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SC Admin Justice Raul Villanueva
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Administrative Leadership in the Judiciary Branch.
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Power of Control
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The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
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Power of Control
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This is the ability to alter, nullify, or set aside what a subordinate officer had done. This is the ability to substitute the judgment of the former for that of the latter.
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Power of Supervision
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It is the ability of overseeing or the power or authority of an officer to see that subordinate officers perform their duties. It is also the ability to take action to make them perform their duties.
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FALSE
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TRUE or FALSE: Supervising officers have the right to nullify, reject, or alter the decisions of their subordinates.
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Administrative Supervision
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This 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 the authority of the department or its equivalent to generally oversee the operations of such agencies and to ensure that they are managed effectively, efficiently, and economically but without interference with day-to-day activities.
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Performance Audit
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Supervisors require the submission to determine compliance with policies, standards, and guidelines of the department.
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Administrative Supervision
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This is the ability to take actions such as the rectification of violations, abuses, and other forms of maladministration.
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TRUE
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TRUE or FALSE: Administrative Supervision does not have the authority to appoint officers.
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TRUE
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TRUE or FALSE: Only several people mentioned in the Administrative Codes are entitled to enter into contracts.
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FALSE
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TRUE or FALSE: Administrative Supervision has the power to review, reverse, revise, or modify the decisions of regulatory agencies in the exercise of their regulatory of quasi-judicial functions.
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Prohibition
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This is forbidden by law and would create legal consequences.
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Regulation
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These are limitations imposed by rules of law for enforcement and monitoring. Limiting and individual's freedom.
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Licensing
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This is the privilege that serves as a filter and ensures quality. Only those that are safe, and qualified will be for the use of the greater public.
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Registration or Certification
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Usually for foods (FDA, etc.) that are proven safe.
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Imposition of Fees and Charges, Penalties
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Right to pay fees as a way for the government to regulate.
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Revocation of Privileges
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"Driving is not a right, thus, it is only justified to disqualify them of this privilege if there is a reasonable disqualification."
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Quasi-Legislative
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This is the power to make rules and regulations that results in delegated legislation that is within the confines of the granting statue and the doctrine of non-delegability and separability of powers.
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Implementing Rules and Regulations
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A set of rules defined by known authorities which serve as guidelines for the implementation of a law, republic act, executive order, and the like. Published by the different administrative agencies.
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Quasi-Judicial
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This is the power that possesses two requisites: Jurisdiction and Due Process.
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Doctrine of Exhaustion of Administrative Remedies
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This is the doctrine that requires that relief must be sought by exhausting administrative remedies before judicial intervention.