In Re Manzano CD
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Transcript of In Re Manzano CD
Facts:Judge Manzano fled a petition allowing him to accept the appointment by Ilocos Sur Governor Rodolfo arinas as the member of Ilocos !orte provincial "ommittee on Justice created pursuant to a #residential $rder% &e petitioned that his membership in the "ommittee will not in any way amount to an abandonment to his present position as '(ecutive Judge of )ranch *I*+ R,"+ -st Judicial region and as a member of .udiciary%Issue:/hat is an administrative agency0 /here does it draw the line insofar as administrative functions are concerned0Ruling:,he petition is denied% ,he "onstitution prohibits the designation of members of the Judiciary to any agency performing 1uasi2Judicial or 3dministrative functions 4Sec%-5+ 3rt%6III+ -789 "onstitution:%Quasi-Judicial has a fairly clear meaning and Judges can confdently refrain from participating in the wor; of any 3dministrative 3gency which ad.udicates disputes < controversies involving the rights of parties within its .urisdiction%Administrative functions are those which involve the regulation and control over the conduct & afairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the Legislature or such as are devolved upon the administrative agency by the organic law of its existence%=3dministrative functions> as used in Sec% -5 refers to the Government?s e(ecutive machinery and its performance of governmental acts% It refers to the management actions+ determinations+ and orders of e(ecutive o@cials as they administer the laws and try to ma;e government eAective% ,here is an element of positive action+ of supervision or control%In the dissenting opinion of Justice Gutierrez:3dministrative functions are those which involve the regulation and control over the conduct and aAairs of individuals for their own welfare and the promulgation of rules and regulations to better carry out the policy of the legislature or such as are devolved upon the administrative agency by the organic law of its e(istence =we canreadily see that membership in the #rovincial or "ity "ommittee on Justice would not involve any regulation or control over the conduct and aAairs of individuals% !either will the "ommittee on Justice promulgate rules and regulations nor e(ercise any Buasi2legislative functions% Its wor; is purely advisory% 3 member of the .udiciary .oining any study group which concentrates on the administration of .ustice as long as the group merely deliberates on problems involving the speedy disposition of cases particularlythose involving the poor and needy litigants2or detainees+ pools the e(pertise and e(periences of the members+ and limits itself torecommendations which may be adopted or re.ected by those who have the power to legislate or administer the particular function involved in their implementation%