Power of Control and Supervision | Powers of the President | EXECUTIVE DEPARTMENT

POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

X. EXECUTIVE DEPARTMENT

C. Powers of the President

3. Power of Control and Supervision

The President of the Philippines is vested with substantial powers as the Chief Executive, which includes the power of control and the power of supervision over all executive departments, bureaus, and offices. These powers are essential to ensure the proper execution of laws and the management of the government’s administrative machinery. The distinctions and implications of these powers are critical in understanding the extent of the President's authority in the exercise of executive functions.

Power of Control

• Definition and Scope:
  The power of control is the authority of the President to alter, modify, or nullify decisions or actions of subordinates, and to substitute his own judgment for that of a subordinate. This is derived from the constitutional mandate that the President shall exercise "control over all the executive departments, bureaus, and offices" (Article VII, Section 17, 1987 Constitution). It is a broader power compared to supervision, giving the President direct involvement in the execution of laws by the entire executive branch.

• Nature of Control:
  Under control, the President is the highest authority in the executive branch, which allows him to review, revise, or reverse decisions made by officials within the executive departments. This power enables the President to ensure that executive actions comply with the law and the administration’s policies.

• Doctrine of Qualified Political Agency:
  The power of control is closely related to the doctrine of qualified political agency, which means that acts performed and decisions made by Cabinet secretaries and other alter egos of the President are considered as the acts of the President, unless expressly countermanded or disapproved by him. The President does not need to personally perform every executive function; instead, his alter egos may do so in his behalf. However, because the President has control, he can review, amend, or reject their decisions.

• Delegation of Control:
  While the President can delegate the exercise of control to his subordinates, the principle of control means that he retains the ability to intervene or revoke decisions at any time. This is unlike powers that are purely ministerial, where discretion is limited.

• Administrative Reforms and Personnel Management:
  The President’s control includes the power to appoint, discipline, and remove government officials. As such, he can hire or dismiss officials in the executive branch, except those positions protected by constitutional provisions such as members of constitutional commissions and the judiciary, where removal is governed by specific procedures.

• Limitations on Control:
  While the power of control is broad, it is subject to constitutional and statutory limitations. Certain constitutional bodies like the Civil Service Commission, Commission on Audit, and Commission on Elections are independent and outside the President's control, ensuring checks and balances within the government.

Power of Supervision

• Definition and Scope:
  Supervision is the authority to ensure that laws are faithfully executed, but it does not include the power to substitute one's judgment for that of the subordinate. Unlike control, supervision is limited to oversight, which allows the President to call attention to any lapses or irregularities in the performance of duties, but he cannot interfere directly with the decisions or actions of the subordinate unless these are contrary to law.

• Distinction from Control:
  The key difference between control and supervision is that control involves the ability to modify or override decisions, whereas supervision only allows for ensuring that subordinates are performing their duties in accordance with the law. Under supervision, the President may direct an official to comply with legal standards but cannot change the official’s decisions or substitute them with his own.

• Local Government Units (LGUs):
  The President exercises only general supervision over local government units (LGUs), which means that he can ensure that local executives perform their duties in accordance with the law. The President cannot intervene in purely local matters unless these involve violations of law or pose risks to national interests.

  Under the Local Government Code (Republic Act No. 7160), the President can suspend or remove local officials, but only for legal grounds and following due process. The President cannot directly manage the affairs of LGUs but may call their attention when they act beyond the bounds of the law.

• Autonomous Regions and Special Supervisory Arrangements:
  In the case of autonomous regions like the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), the President’s power of supervision is even more limited to respect their autonomous status. He can oversee the region to ensure compliance with national laws but cannot directly intervene in the region’s governance unless there is a clear breach of constitutional provisions or national law.

• Constitutional Bodies and Supervision:
  The President also exercises general supervision over constitutionally-created bodies that are outside his direct control, such as the Office of the Ombudsman and constitutional commissions. While the President can ensure that these bodies comply with laws, he has no power to direct or alter their internal policies and procedures.

Key Jurisprudence and Applications

1. Ganzon v. Court of Appeals (1991)
   This case distinguishes control from supervision. The Supreme Court ruled that the President only has supervisory powers over local government units, not control. He can call attention to non-compliance with laws but cannot interfere with purely local concerns.

2. Drilon v. Lim (1994)
   In this case, the Supreme Court reiterated that the President’s power over LGUs is limited to supervision. It stressed that the President cannot remove or discipline local officials except in accordance with the law, emphasizing the autonomy of local governments.

3. Joson v. Executive Secretary (2001)
   This decision clarified the President’s supervisory powers over LGUs, stating that while the President can issue directives to ensure compliance with laws, he cannot modify or substitute the decisions of LGU officials unless they violate the law.

4. Datu Michael Abas Kida v. Senate (2011)
   In this case, the Supreme Court discussed the limited power of the President over autonomous regions like BARMM, stressing that the President’s supervision is only to ensure that laws are followed, without direct interference in their internal governance.

Conclusion

The power of control and power of supervision are critical components of the President’s executive authority. Control allows for a direct and active role in decision-making across the executive branch, while supervision is a more passive power aimed at ensuring legal compliance without overriding local or subordinate decisions. Both powers are indispensable for the proper administration of the government, but they are constrained by the Constitution, statutory laws, and the principle of autonomy for certain government units and agencies.