Instructions:: Law On Public Officers, Finals Atty. Alberto C. Agra Pamantasan NG Lungsod NG Maynila June 29, 2021

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Law on Public Officers, Finals Atty. Alberto C.

Agra
Pamantasan ng Lungsod ng Maynila June 29, 2021

Instructions:
1. This test is non-proctored, typewritten and will be for one hour. No
extension. No questions will be entertained.
2. Type your answers in this document/ inside the Box provided
below.
3. Submit this questionnaire with the answers to
alberto.c.agra@gmail.com (not the email thread with your
classmates) not later than 6:05 p.m..
4. Save the file in PDF format. Use this as file name – Surname PubOff
PLM. Do not forget to attach the file to your email.
5. Good luck and stay safe to all.

In not more than 500 words, write an article discussing the Dos and
Don’ts of the Ombudsman, Secretary of Justice and Chairperson of
the Philippine National Oil Company. Choose one. Put a word count
at the end. Words beyond the 500th word shall not be read and
considered.

Dos and Don’ts of Secretary of Justice


According to the Administrative Code of the Philippines, the
Secretary of Justice can advise the President in issuing executive
orders, regulations, proclamations and other issuances, the
promulgation of which is expressly vested by law in the President
relative to matters under the jurisdiction of the Department of
Justice. SOJ can also promulgate rules and regulations necessary to
carry out department objectives, policies, function, plans, programs
and projects also administrative issuances necessary for the efficient
administration of the offices under the Secretary and for proper
execution of the laws relative thereto. Aside from the promulgation of
the rules and issuances, he also has the power to appoint all officers
and employees of the Department except those whose appointments
are vested in the President or in some other appointing authority.
Being the head of Department of Justice, he can also exercise
jurisdiction over all bureaus, offices, agencies and corporations
under the DOJ as are provided by law, and in accordance with the
applicable relationships specified under Administrative Code. In
addition to his function, he can also delegate authority to officers and
employees under the Secretary’s direction in accordance with this
Administrative Code.
There are also some restriction to the power and authority of
the SOJ according to the Administrative Code. The SOJ, even if
allowed by law or by the primary functions of his position, a member
of the Cabinet, undersecretary, assistant secretary or other
appointive official of the Executive Department may, in addition to
his primary position, hold not more than two positions in the
government and government-owned corporations and receive the
corresponding compensation therefor. On appointment of
undersecretaries, although the SOJ can nominate on the position
still, he cannot appoint undersecretaries and assistant secretaries
since it is the President who has the said power. On his
administrative supervision on the attached agencies of DOJ, the SOJ
cannot exercise administrative supervision over (1) appointments and
other personnel actions in accordance with the decentralization of
personnel functions under the Administrative Code; (2) contracts
entered into by the agency in the pursuit of its objectives, the review
of which and other procedures related thereto shall be governed by
appropriate laws, rules and regulations; and (3) the power to review,
reverse, revise, or modify the decisions of regulatory agencies in the
exercise of their regulatory or quasi-judicial functions. With regards
to the controversies among government offices, the SOJ cannot act as
Attorney-General on disputes involving Congress, Supreme Court,
Constitutional Commissions and Local Government. He cannot also
adjudicate on dispute, claim or controversy involving only
departments, bureaus, offices and other agencies of the National
Government as well as government-owned or controlled corporations
or entities of whom he is the principal law officer or general counsel.

(457 words)

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