INVESTIGATORY POWERS

A. BASIC CONCEPTS

a) Investigatory Power
- Power to carry out a systematic or formal inquiry
- On violation of laws
- and to gather information on proposed legislation

b) Judicial Function
- Power to adjudicate
- Upon rights and obligations of parties

c) Judicial Discretion
- Power to evaluate evidence submitted to it
- On the facts and circumstances presented.

d) Test of Judicial Function

- Not the exercise of judicial discretion
- But the power and authority to adjudicate
Upon rights and obligations of parties before it.

B. PURPOSES OF GRANT OF INVESTIGATORY POWER

Sec. 18 Art XIII (1) Investigate, on its own or on

complaint by any party, all forms of human rights,
CHR
violations involving civil and political right.

Sec 1, RA 157 (a) To undertake investigations of

crimes and other offenses against the laws of the
 Philippines, upon its own initiative and as public
interest may require.
Information Gathering

NBI

Sec. 13, Art. XI 1987 Constitution (1) Investigate

Prosecution Purposes
on its own or on complaint by any person, any act
or omission of any public official, employee, office,
or agency when such act or omission appears to
be illegal, unjust, improper, or inefficient.
Public Prosecutor
Ombudsman
Sec 5 (a) Securities Regulation Code (RA 8799)
Have jurisdiction and supervision over all
corporations, partnership or associations who are
the grantees of primary franchises and/or a license
or a permit issued by the Commission.

Aid to Other Powers SEC

Sec. 5(d) SRC (RA 8799) Regulate, investigate or
supervise the activities of persons to ensure
compliance.

C. SCOPE AND EXTENT OF INVESTIGATORY POWER

SCOPE EXTENT ILLUSTRATIVE CASES

1. INITIATION OF On complaint Villaluz vs. Zaldivar
INVESTIGATION
(examine, explore, Or - Power of control of president may be extend
inquire) to power to investigate, suspend or remove
Own motion officers and employees who belong to
executive department (presidential appointees)

2. CONDUCT OF May be held in private Ruiz vs. Drilon

INVESTIGATION (audit,
physical investigation, - respondent in administrative case is not
monitoring) entitled to be informed of the findings and
recommendations of investigating committee.
 Sec. Of Justice vs. Lantion

- due process rights of notice and hearing may

be invoked at evaluation stage of extradition
proceedings.

Pefianco vs. Moral

- respondent in administrative case is not

entitled to be informed of the findings and
recommendations of investigating committee.

3. INSPECTION AND No search warrant required Camara vs. Mun. Court

EXAMINATION (routine
inspection for - There was no emergency demanding
enforcement of immediate access. Yet no warrant was
regulation) obtained.

Salazar vs. Achacoso

- Art. 39 Labor Code, which grants Secretary of
Conduct inspection during Labor authority to issue orders of arrest, search
reasonable hours and seizure, is unconstitutional, because
Secretary is not a judge.

4. ACCOUNTS, Access to documents of Catura vs. CIR

RECORDS, REPORTS person being investigated
OR STATEMENTS - Documents required to be produced
constitutes evidence of most solid character as
to whether or not there was failure to comply
with mandates of the law.

5. ATTENDANCE OF No inherent power to: Evangelista vs. Jarencio

WITNESSES
1. Require Attendance - Subpoena is within legal competence of
PARGO to issue pursuant to EO 4 which
2. Put under oath; require to empowered it to summon witness relevant to
testify the investigation

6. HEARING May be held but not Office Court Administrative vs. Canque
necessary part of
investigation. - Administrative due process cannot be fully
equated with due process in its strict judicial
sense. A formal or trial-type hearing is not
required.

7. CONTEMPT Requisites: Carmelo vs. Ramos

PROCEEDINGS (failing
to appear or refusing to 1. Statutory grant - one who invokes Sec. 580 RAC must first
show he has authority to take testimony or
produce document) 2. Performing quasi-judicial
functions
evidence before he can apply to courts for
punishment of hostile witnesses.
Masangcay vs. COMELEC
- when comelec exercises ministerial function it
cannot exercise the power to punish contempt
because such power is inherently judicial in
nature.

Bedol vs. COMELEC

- to withhold from comelec the power of

contempt would render nugatory its
investigations power which is an essential
incident to its mandate to secure honest and
credible elections.

8.RULES OF Administrative agency is Gaoiran vs. Alcala

PROCEDURE AND given wide latitude.
EVIDENCE - in administrative proceedings technical rules
of procedure and evidence are not strictly
applied.