The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. (Sec. 12, Art. VIII, 1987 Constitution)
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Judge Manzano was appointed by Ilocos Sur Governor Rodolfo Farinas as the member of Ilocos Norte provincial Committee on Justice created pursuant to Executive Order No. 856. Before accepting the appointment, Judge Manzano wrote a letter to the SC requesting that he be authorized to accept the appointment and to assume and discharge the powers and duties attached to the said position. He petitioned that his membership in the Committee will not in any way amount to an abandonment to his position as Executive Judge and as a member of judiciary.
Issues:
Issues:
Should the petition be granted?
Held:
No. An examination of Executive Order No. 856, as amended, reveals that Provincial/City Committees on Justice are created to insure the speedy disposition of cases of detainees, particularly those involving the poor and indigent ones, thus alleviating jail congestion and improving local jail conditions. Among the functions of the Committee are—
3.3 Receive complaints against any apprehending officer, jail warden, final or judge who may be found to have committed abuses in the discharge of his duties and refer the same to proper authority for appropriate action;
3.5 Recommend revision of any law or regulation which is believed prejudicial to the proper administration of criminal justice.
It is evident that such Provincial/City Committees on Justice perform administrative functions. Administrative functions are those which involve the regulation and control over the conduct and affairs 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.
Furthermore, under Executive Order No. 326 amending Executive Order No. 856, it is provided that the Provincial/City Committees on Justice shall be under the supervision of the Secretary of justice and quarterly accomplishment reports shall be submitted to the Office of the Secretary of Justice.
Under the Constitution, the members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions (Section 12, Art. VIII, Constitution) (In Re: Rodolfo Manzano, A.M. No. 88-7-1861-RTC, October 5, 1988)
No. An examination of Executive Order No. 856, as amended, reveals that Provincial/City Committees on Justice are created to insure the speedy disposition of cases of detainees, particularly those involving the poor and indigent ones, thus alleviating jail congestion and improving local jail conditions. Among the functions of the Committee are—
3.3 Receive complaints against any apprehending officer, jail warden, final or judge who may be found to have committed abuses in the discharge of his duties and refer the same to proper authority for appropriate action;
3.5 Recommend revision of any law or regulation which is believed prejudicial to the proper administration of criminal justice.
It is evident that such Provincial/City Committees on Justice perform administrative functions. Administrative functions are those which involve the regulation and control over the conduct and affairs 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.
Furthermore, under Executive Order No. 326 amending Executive Order No. 856, it is provided that the Provincial/City Committees on Justice shall be under the supervision of the Secretary of justice and quarterly accomplishment reports shall be submitted to the Office of the Secretary of Justice.
Under the Constitution, the members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions (Section 12, Art. VIII, Constitution) (In Re: Rodolfo Manzano, A.M. No. 88-7-1861-RTC, October 5, 1988)
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