POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

X. EXECUTIVE DEPARTMENT

C. Powers of the President

3. Power of Control and Supervision

b. Executive Departments and Offices

The power of control and supervision over executive departments and offices is a key aspect of the powers of the President under the 1987 Philippine Constitution. This power ensures the President’s ability to effectively enforce laws and manage the operations of the executive branch. A clear distinction between "control" and "supervision" has been established both in constitutional law and jurisprudence.

1. Power of Control

The power of control is the broader of the two powers. It refers to the authority of the President to alter, modify, reverse, or nullify actions or decisions of subordinates within the executive branch. In the Philippines, this power is grounded in Section 17, Article VII of the 1987 Constitution, which states that:

"The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed."

This constitutional provision grants the President full control over all officials and employees within the executive department, unless the Constitution itself or a law expressly provides otherwise.

Key aspects of the power of control include:

Comprehensive authority: The President has full and plenary power to direct the actions of all executive officers. This means the President can substitute his or her judgment for that of the subordinate, and the President can step in to personally perform an act that the subordinate is empowered to perform.
Hierarchy in the Executive Department: The President’s control flows down the hierarchy of executive officials. Department Secretaries, for example, act as the alter egos of the President. Their actions are presumed to be in accordance with the President’s directives, but the President has the power to modify or reverse these actions.
Delegation of Control: While the President has the ultimate control over the executive branch, many functions are delegated to heads of departments or agencies. The delegation of authority does not dilute the President's power, as the President may still exercise direct control over the subordinate's actions.
Limits: The President’s power of control does not extend to independent constitutional commissions (e.g., the Civil Service Commission, the Commission on Audit, and the Commission on Elections) or other offices and bodies which the Constitution expressly provides to be independent.

Jurisprudence on Control

Several Supreme Court rulings have clarified the scope of the President's control:

Villena v. Secretary of the Interior (1939): The Court held that the President’s control is the authority to substitute his or her judgment for that of the subordinate, and it extends to correcting errors and reversing acts of subordinate officials.
Lacson-Magallanes Co. v. Paño (1986): The Court clarified that control includes the power to annul, reverse, or modify the acts and decisions of subordinates. The President’s control is total, unqualified, and direct over all executive officials.

2. Power of Supervision

The power of supervision, on the other hand, is more limited. It refers to the authority of the President to oversee the actions of subordinates to ensure that they are compliant with the law, but it does not include the authority to substitute one's judgment for that of the subordinate. Supervision involves ensuring that laws are faithfully executed, but it stops short of direct control.

Supervision is fundamentally passive, with the supervising authority stepping in only when the law is violated or the subordinate acts beyond the scope of their powers.

Jurisprudence on Supervision

Mondano v. Silvosa (1955): The Supreme Court distinguished between control and supervision, holding that control implies the authority to alter or reverse decisions of subordinates, while supervision only means overseeing and ensuring that the law is followed, without intervening in the subordinate's exercise of discretion.
Pimentel v. Aguirre (2000): This case further delineated the boundaries between control and supervision. The President was held to have control over executive officials and supervision over local governments. Supervision meant ensuring compliance with the law without the power to modify or substitute decisions of local government officials.

3. Application of Control and Supervision to Executive Departments and Offices

The President's powers of control and supervision extend over various executive departments and offices. These departments, such as the Department of Justice (DOJ), Department of Finance (DOF), Department of Education (DepEd), and other agencies, are directly accountable to the President. Their actions, decisions, and policies can be reviewed, modified, or reversed by the President.

Department Secretaries: As alter egos of the President, department secretaries act in the President's name and authority. The presumption of regularity applies to their actions, but the President retains the authority to override or reverse their decisions.
Administrative Agencies: Many administrative agencies and regulatory bodies, while having specific mandates under law, also fall under the President's power of control. However, certain agencies, particularly those created by special laws with quasi-judicial or quasi-legislative functions, may operate with a degree of independence but remain subject to the President's general supervision.

Exception: Independent Constitutional Bodies

Certain offices are constitutionally independent and are not subject to the President's control or supervision, such as:

Commission on Elections (COMELEC)
Civil Service Commission (CSC)
Commission on Audit (COA)

These bodies are insulated from executive interference to maintain impartiality and independence in their functions.

Conclusion

The President’s power of control over executive departments and offices is one of the most potent tools for ensuring the faithful execution of the law and maintaining the orderly functioning of the executive branch. The distinction between control and supervision is critical in delineating the President’s authority over officials within the executive branch and other independent bodies. Control grants the President full authority to direct the actions of subordinates, while supervision limits the President to ensuring that the law is followed without intervening in decisions or substituting discretion.