Provisions in the 1987 Philippine Constitution on Administrative Law: A Comprehensive Overview

Disclaimer: This article is for informational purposes only and should not be construed as legal advice. For specific concerns, please consult a qualified attorney.

I. Introduction

Administrative law in the Philippines is deeply intertwined with constitutional provisions that shape the structure, powers, and limits of administrative agencies. While the 1987 Philippine Constitution does not contain a stand-alone article labeled “Administrative Law,” numerous articles and sections directly influence administrative processes, powers, and responsibilities. Key constitutional provisions revolve around:

The separation of powers and the principle of checks and balances
Presidential control and supervision over executive departments
Constitutional commissions (Civil Service Commission, Commission on Audit, Commission on Elections)
The Office of the Ombudsman and accountability mechanisms
The guarantee of due process
Judicial review of administrative actions

Taken together, these constitutional foundations ensure that executive agencies operate lawfully, ethically, and in accordance with public interest.

II. Constitutional Framework Affecting Administrative Law

A. Article II (Declaration of Principles and State Policies)

Public Office as a Public Trust
- Section 27 emphasizes the policy of the State to maintain honesty and integrity in the public service and to take positive and effective measures against graft and corruption. While broad, it underscores the ethical duties of all public officers, including administrators and agency heads.
Rule of Law and Accountability
- The precepts in Article II highlight that all government authority emanates from the people. This overarching principle justifies the existence of procedural safeguards and accountability mechanisms in administrative practice.

B. Article VII (The Executive Department)

The President’s Power of Control
- Section 17: “The President shall have control of all the executive departments, bureaus, and offices.” The power of control allows the President to review, modify, reverse, or altogether set aside decisions of executive branch subordinates. This principle underpins the hierarchical nature of administrative agencies, ensuring that they remain responsive to executive policy.
Rule-Making Power
- While not explicitly stated in Article VII, the President’s power to issue executive orders, proclamations, and other issuances finds grounding in general executive powers. Agencies often derive their own rule-making powers from statutes and, by extension, from the President’s control power.
Power of Supervision vs. Power of Control
- In contrast with “control,” which includes the authority to alter or reverse decisions, “supervision” is merely the power to see to it that laws are faithfully executed without the ability to modify decisions. Constitutional and statutory provisions may give certain agencies mere supervisory power over local governments or other bodies.

C. Article VIII (Judicial Department)

Judicial Review of Administrative Actions
- Section 1 (expanded judicial power): This grants courts the power not only to settle actual controversies involving rights legally demandable and enforceable but also to determine whether any branch or instrumentality of the government has acted with grave abuse of discretion amounting to lack or excess of jurisdiction.
- This expanded concept of judicial review affects administrative law by ensuring that courts can review administrative actions for “grave abuse of discretion,” not merely for errors of law or fact. Hence, administrative agencies remain accountable to the judiciary for the proper exercise of their quasi-judicial functions.

D. Article IX (Constitutional Commissions)

Constitutional Commissions exercise powers and enjoy independence guaranteed by the Constitution. Although they are part of the administrative machinery, they stand on a different footing from ordinary executive agencies.

Civil Service Commission (CSC)
- Section 2: The CSC is the central personnel agency of the government. It establishes rules and regulations governing public officers and employees, including qualifications, appointments, discipline, and administrative due process.
- The CSC’s constitutional status grants it independence; its policies directly shape administrative law by setting and enforcing standards for government personnel.
Commission on Audit (COA)
- Section 2: COA has the power to audit, examine, and settle accounts of government agencies. Administrative bodies must comply with COA’s auditing rules, ensuring accountability in the use of public funds.
- COA’s independence—and power to promulgate auditing rules—creates binding guidelines for all executive agencies.
Commission on Elections (COMELEC)
- Section 2: COMELEC administers and enforces all laws relative to the conduct of elections. As an administrative body with quasi-judicial powers, it can issue decisions on election-related controversies, which remain subject to judicial review.
- Its authority to promulgate rules and regulations for elections underscores how constitutional bodies exercise administrative rule-making under express constitutional mandates.

E. Article XI (Accountability of Public Officers)

Office of the Ombudsman
- Sections 5-14 create the Office of the Ombudsman and grant it wide powers to investigate and prosecute public officials for illegal, unjust, improper, or inefficient acts.
- The Ombudsman’s administrative disciplinary authority is extensive. It can order the suspension, removal, or demotion of public officials found guilty of administrative offenses, ensuring ethical standards and accountability within the administrative system.
Impeachment and Other Accountability Mechanisms
- High-ranking officials, including certain heads of administrative agencies, may be impeached for culpable violations of the Constitution, treason, bribery, graft and corruption, and other high crimes. This underscores the constitutional principle that no public official is above the law.

F. Article XII (National Economy and Patrimony)

Regulation of Industries and Public Utilities
- Various sections of Article XII empower Congress to establish regulatory agencies (e.g., for telecommunications, energy, etc.) to promote equitable distribution of opportunities and protect consumer welfare.
- While not strictly “administrative law” in isolation, these regulatory provisions support the creation of specialized administrative bodies whose powers are shaped by constitutional values of national development and public welfare.

III. Due Process in Administrative Proceedings

A. Constitutional Guarantee of Due Process

Article III, Section 1 (Bill of Rights) guarantees that “[n]o person shall be deprived of life, liberty, or property without due process of law.”
This applies to administrative proceedings (often referred to as “administrative due process”). Philippine jurisprudence has consistently required administrative bodies to observe fairness, impartiality, and a reasonable opportunity to be heard.

B. Right to Notice and Hearing

In administrative investigations and quasi-judicial proceedings, individuals must be given the chance to know the charges or complaints against them (adequate notice) and to present their evidence (hearing). Procedural rules may be relaxed compared to strictly judicial proceedings, but the essence of due process remains non-negotiable.

IV. Administrative Law and the Principle of Checks and Balances

Legislative Oversight
- Congress establishes administrative agencies through statutes that define their powers and limits. It also wields oversight functions to ensure that agencies remain faithful to their legislative mandates.
Executive Control
- The President exercises control and supervision over executive bodies to ensure consistency with national policy objectives.
Judicial Review
- Courts can strike down administrative rules or decisions that violate due process, exceed jurisdiction, or suffer from grave abuse of discretion.
Independence of Constitutional Commissions
- Agencies like the CSC, COA, and COMELEC have constitutionally guaranteed independence to safeguard them from political interference and ensure credible, impartial administration within their respective domains.

V. Impact of the Administrative Code of 1987

Although not part of the Constitution itself, Executive Order No. 292 (the Administrative Code of 1987) gives flesh to many constitutional principles. It reiterates the President’s power of control, outlines the organization of the executive branch, and provides mechanisms for rule-making and adjudication within administrative agencies. In tandem with constitutional provisions, this Code helps govern the day-to-day operations of administrative agencies.

VI. Conclusion

While the 1987 Philippine Constitution does not feature a discrete “Administrative Law” article, multiple provisions collectively shape and guide the structure, authority, and limitations of administrative agencies. The Constitution mandates:

Presidential control over executive agencies to ensure cohesion.
Constitutional commissions that maintain independence while carrying out vital regulatory and oversight functions (CSC, COA, COMELEC).
The Office of the Ombudsman as an essential watchdog to enforce ethical standards and discipline within the government.
Due process guarantees that protect the public from arbitrary administrative actions.
Judicial review to keep administrative bodies within the bounds of law and fairness.

These core principles, bolstered by the Administrative Code of 1987 and subsequent statutes, form the bedrock of Philippine administrative law. They ensure transparency, accountability, and fairness across the vast machinery of the executive branch, reflecting the Constitution’s overarching vision: that all governmental authority is a public trust, serving the best interest of the Filipino people.