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Powerr of Control

Section 17 control of all


Power of Control 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
Doctrine of Qualified Political Agency-performed to subordinate officers ; all
executive and administrative organizations are adjuncts of the executive
departments are assistans and agents of the Chief Executive and
.. except in cases where the chief executive
The multifarious executive
The acts of the Secretaries

Supervision and contro-shall include authority to act directly whenever a specific


function
The presidents power of control is directly exercise by him over the members of the
Cabinet who in turn and bu his authoritu , control the bueaus and other office.
DE Leon v. Carpio- 178 SCRA 457
The acts of the secretary is presumptively the act of the president In violating
unless disapproved or reprobated by the Chief Executive
Bermudez v. Torres 311 SCRA 733 1999
IS the appointment valid?
Can the president disregard the recommendation of the secretary
The recommendation should be recommende d as mere advice- The president can
do merely disregard.
LAcson v. PAno. 1967
-the director of land exercising its quasi judicial authority
Pursusant to law,
That the decision of the secretary is final
Can the party still raise the review , when according to law
Doctrine of qualified political agency. Substitute his judgement over that of his
secretaryThe president reprobated is a valid act of chief executive. The secretary being the
alter ego. Even the law says that
Moran Jr. vs. Office of the President

A decision or order issued.. by a department or agency need not be appealed t


Unless otherwise governed by special laws-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------]
Power to remove
Under the doctrine of implication, the power to appoint carries with it the power to
remove.

1. Section 9 Article 8 ,1987 consti


2. Section 2
3. ConsCom

Gonzales v. Office of the Pres.

Restrictions
Culpablen b

Reorganization
Can the President reorganize
Reorganization- involves the reduction of personnel, consolidation of offices or
abolition thereof by reason.
Continuing authority to reorganize E)292-

E) 292
REorganing
1. Restructure the internal organization of the Office of the President proper

Anak Mindanao v. Executive Ecretary


Presidents power to reorganize]
DENR v. DENR Employees
ARMM

Provinces of South Cotabato-

Can department secretaries reorganize transferred Regional office from


Cotabato to Korinadal?
The secretr can perform an act which unless reprobated or the act of
reorganizing
Is

Pichay v, Office of DEpt. Secretary

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