3. Power of Control and Supervision

Power of Control

The power of an officer to alter, modify, or set aside what a subordinate officer has done in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate.

The President’s power of control is a self-executing provision. The incumbent President is free to amend, rescind and modify any political agreements entered into by the previous Presidents (Ocampo v. Enriquez, G.R. No. 225973, Nov. 8, 2016).

The appeal from the decision of a Department Secretary to the President can be restricted due to the President’s power of control. It may be limited by executive order of the President, a law providing for judicial review, and a rule of procedure promulgated by the Supreme Court. (Angeles v. Gaite, G.R. No. 165276, Nov. 25, 2009).

Power of Supervision

The power of a superior officer to ensure that the laws are faithfully executed by subordinates.

The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision.

The President’s power over GOCCs comes not from the Constitution but from statute. Hence, it may similarly be taken away by statute.

For Administrative Proceedings, decisions of Department Secretaries need not be appealed to the President in order to comply with the requirement of exhaustion of administrative remedies.

The execution of laws is an OBLIGATION of the President. He cannot suspend the operation of laws.

Limitation on LGU’s local autonomy

The President shall exercise general supervision over local governments.

Even as the Constitution guarantees autonomy to local government units, the exercise of local autonomy remains subject to laws enacted by Congress; the President exercises only general supervision over local governments. (Dadcle v. GOA, GR No 125350, December3, 2002).

Supervision v. Control

Local Government Units

The power of the president over local government units is only of general supervision. He can interfere with the actions of their executive heads only if these are contrary to law.

The President exercises direct supervision over autonomous regions, provinces, and independent cities.

To facilitate the exercise of power of general supervision of local government, the President may merge administrative regions and transfer the regional center to Koronadal City from Cotabato City.

Scope of Power of Supervision

The power of supervision carries with the power to investigate and discipline to see to it that laws are effectively carried out.

Supervisory authority of SC over JBC

Section 8, Article VIII of the Constitution provides “A Judicial and Bar Council is hereby created under the supervision of the Supreme Court.” The supervisory authority of the Court over the JBC covers the overseeing of compliance with its rule [Jardeleza v. Judicial and Bar Council, G.R. No. 213181 (2014)].

Supervisory power, when contrasted with control, is the power of mere oversight over an inferior body; it does not include any restraining authority over such body [Aguinaldo v. Timbang, G.R. No. 224302 (February 21, 2017)].

Legislative supervision (legislative veto)

• Connotes a continuing and informed awareness on the part of a congressional committee regarding executive operations in a given administrative area.
• Allows Congress to scrutinize the exercise of delegated law-making authority, but does not permit Congress or a committee to approve, disapprove, or alter its implementation without following the constitutional lawmaking process.

Note: Legislative oversight is allowed under the Constitution; a legislative veto is not [Abakada Guro Partylist v. Purisima, supra; See also discussion under Checks and Balances, supra].