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    In Re. Manzano 166 SCRA 246

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    Thessaloe May Fernandez
    Judge Manzano filed a petition to be appointed as a member of the Ilocos Norte Provincial Committee on Justice while serving as a presiding judge. The issue is whether he can hold both positions. The Supreme Court ruled that he cannot, as the Constitution prohibits members of the judiciary from being designated to agencies that perform quasi-judicial or administrative functions. Administrative functions refer to regulating individuals' conduct and affairs for their welfare, and promulgating rules to carry out legislative policy. The Provincial Committee on Justice is purely advisory and does not regulate individuals or promulgate rules, so membership would not conflict with his role as a judge.

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    In Re. Manzano 166 SCRA 246

    Uploaded by

    Thessaloe May Fernandez
    179 views1 page
    Judge Manzano filed a petition to be appointed as a member of the Ilocos Norte Provincial Committee on Justice while serving as a presiding judge. The issue is whether he can hold both positions. The Supreme Court ruled that he cannot, as the Constitution prohibits members of the judiciary from being designated to agencies that perform quasi-judicial or administrative functions. Administrative functions refer to regulating individuals' conduct and affairs for their welfare, and promulgating rules to carry out legislative policy. The Provincial Committee on Justice is purely advisory and does not regulate individuals or promulgate rules, so membership would not conflict with his role as a judge.

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    Judge Manzano filed a petition to be appointed as a member of the Ilocos Norte Provincial Committee on Justice while serving as a presiding judge. The issue is whether he can hold both positions. The Supreme Court ruled that he cannot, as the Constitution prohibits members of the judiciary from being designated to agencies that perform quasi-judicial or administrative functions. Administrative functions refer to regulating individuals' conduct and affairs for their welfare, and promulgating rules to carry out legislative policy. The Provincial Committee on Justice is purely advisory and does not regulate individuals or promulgate rules, so membership would not conflict with his role as a judge.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    179 views1 page

    In Re. Manzano 166 SCRA 246

    Uploaded by

    Thessaloe May Fernandez
    Judge Manzano filed a petition to be appointed as a member of the Ilocos Norte Provincial Committee on Justice while serving as a presiding judge. The issue is whether he can hold both positions. The Supreme Court ruled that he cannot, as the Constitution prohibits members of the judiciary from being designated to agencies that perform quasi-judicial or administrative functions. Administrative functions refer to regulating individuals' conduct and affairs for their welfare, and promulgating rules to carry out legislative policy. The Provincial Committee on Justice is purely advisory and does not regulate individuals or promulgate rules, so membership would not conflict with his role as a judge.

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    In Re: Manzano 166 SCRA 246 Administrative functions are those which involve the regulation and control

    functions are those which involve the regulation and control over
    the conduct and affairs of individuals for their own welfare and the promulgation
    Facts: 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
    Judge Manzano filed a petition allowing him to accept the appointment by Ilocos “we can readily see that membership in the Provincial or City Committee on
    Sur Governor Rodolfo Farinas as the member of Ilocos Norte provincial Justice would not involve any regulation or control over the conduct and affairs of
    Committee on Justice created pursuant to Executive Order No. 856 of 12 individuals.
    December 1986. He petitioned that his membership in the Committee will not in
    any way amount to an abandonment to his present position as Executive Judge of Neither will the Committee on Justice promulgate rules and regulations nor
    Branch XIX, RTC, 1st Judicial region and as a member of judiciary. exercise any quasi-legislative functions. Its work is purely advisory. A member of
    the judiciary joining any study group which concentrates on the administration of
    Issue: justice as long as the group merely deliberates on problems involving the speedy
    disposition of cases particularly those involving the poor and needy litigants-or
    Whether or not Judge Manzano can be appointed as member of the Provincial detainees, pools the expertise and experiences of the members, and limits itself to
    Committee on Justice while serving as presiding judge. recommendations which may be adopted or rejected by those who have the power
    to legislate or administer the particular function involved in their implementation.
    Ruling:

    No, he cannot be appointed as member of the Provincial Committee on Justice.


    The Constitution prohibits the designation of members of the Judiciary to any
    agency performing Quasi-Judicial or Administrative functions (Sec.12, Art. VIII,
    1987 Constitution).

    Quasi-Judicial has a fairly clear meaning and Judges can confidently refrain from
    participating in the work of any Administrative Agency which adjudicates disputes
    & controversies involving the rights of parties within its jurisdiction.

    Administrative functions are those which involve the regulation and control over


    the conduct & 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.

    “Administrative functions” as used in Sec. 12 refers to the Government’s executive


    machinery and its performance of governmental acts. It refers to the management
    actions, determinations, and orders of executive officials as they administer the
    laws and try to make government effective. There is an element of positive action,
    of supervision or control.

    In the dissenting opinion of Justice Gutierrez:

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