Professional Documents
Culture Documents
Lagman Vs
Lagman Vs
The OSG counters that there is nothing exclusively legislative about To say that the PTC is borne out of a restructuring of the Office of
the creation by the President of a fact-finding body such as a truth the President under Section 31 is a misplaced supposition, even in
commission. Pointing to numerous offices created by past the plainest meaning attributable to the term "restructure"– an
presidents, it argues that the authority of the President to create "alteration of an existing structure." Evidently, the PTC was not part
public offices within the Office of the President Proper has long been of the structure of the Office of the President prior to the enactment
recognized.37 According to the OSG, the Executive, just like the of Executive Order No. 1. As held in Buklod ng Kawaning EIIB v. Hon.
other two branches of government, possesses the inherent authority Executive Secretary,46
to create fact-finding committees to assist it in the performance of
But of course, the list of legal basis authorizing the President to
its constitutionally mandated functions and in the exercise of its
reorganize any department or agency in the executive branch does
administrative functions.38 This power, as the OSG explains it, is but
not have to end here. We must not lose sight of the very source of
an adjunct of the plenary powers wielded by the President under
the power – that which constitutes an express grant of power.
Section 1 and his power of control under Section 17, both of Article
Under Section 31, Book III of Executive Order No. 292 (otherwise
VII of the Constitution.39
known as the Administrative Code of 1987), "the President, subject
It contends that the President is necessarily vested with the power to the policy in the Executive Office and in order to achieve
to conduct fact-finding investigations, pursuant to his duty to ensure simplicity, economy and efficiency, shall have the continuing
that all laws are enforced by public officials and employees of his authority to reorganize the administrative structure of the Office of
department and in the exercise of his authority to assume directly the President." For this purpose, he may transfer the functions of
the functions of the executive department, bureau and office, or other Departments or Agencies to the Office of the President. In
interfere with the discretion of his officials.40 The power of the Canonizado v. Aguirre [323 SCRA 312 (2000)], we ruled that
reorganization "involves the reduction of personnel, consolidation of
offices, or abolition thereof by reason of economy or redundancy of executive and judicial powers by their actual distribution among
functions." It takes place when there is an alteration of the existing three distinct branches of government with provision for checks and
structure of government offices or units therein, including the lines balances.
of control, authority and responsibility between them. The EIIB is a
bureau attached to the Department of Finance. It falls under the It would not be accurate, however, to state that "executive power"
Office of the President. Hence, it is subject to the President’s is the power to enforce the laws, for the President is head of state as
continuing authority to reorganize. [Emphasis Supplied] well as head of government and whatever powers inhere in such
positions pertain to the office unless the Constitution itself
In the same vein, the creation of the PTC is not justified by the withholds it. Furthermore, the Constitution itself provides that the
President’s power of control. Control is essentially the power to execution of the laws is only one of the powers of the President. It
alter or modify or nullify or set aside what a subordinate officer had also grants the President other powers that do not involve the
done in the performance of his duties and to substitute the execution of any provision of law, e.g., his power over the country's
judgment of the former with that of the latter.47 Clearly, the power foreign relations.
of control is entirely different from the power to create public
offices. The former is inherent in the Executive, while the latter finds On these premises, we hold the view that although the 1987
basis from either a valid delegation from Congress, or his inherent Constitution imposes limitations on the exercise ofspecific powers
duty to faithfully execute the laws. of the President, it maintains intact what is traditionally considered
as within the scope of "executive power." Corollarily, the powers of
The question is this, is there a valid delegation of power from the President cannot be said to be limited only to the specific
Congress, empowering the President to create a public office? powers enumerated in the Constitution. In other words, executive
power is more than the sum of specific powers so enumerated.
According to the OSG, the power to create a truth commission
pursuant to the above provision finds statutory basis under P.D. It has been advanced that whatever power inherent in the
1416, as amended by P.D. No. 1772.48 The said law granted the government that is neither legislative nor judicial has to be
President the continuing authority to reorganize the national executive. x x x.
government, including the power to group, consolidate bureaus and
agencies, to abolish offices, to transfer functions, to create and Indeed, the Executive is given much leeway in ensuring that our laws
classify functions, services and activities, transfer appropriations, are faithfully executed. As stated above, the powers of the President
and to standardize salaries and materials. This decree, in relation to are not limited to those specific powers under the
Section 20, Title I, Book III of E.O. 292 has been invoked in several Constitution.53 One of the recognized powers of the President
cases such as Larin v. Executive Secretary.49 granted pursuant to this constitutionally-mandated duty is the
power to create ad hoc committees. This flows from the obvious
need to ascertain facts and determine if laws have been faithfully
executed. Thus, in Department of Health v. Camposano,54 the
While the power to create a truth commission cannot pass muster authority of the President to issue Administrative Order No. 298,
on the basis of P.D. No. 1416 as amended by P.D. No. 1772, the creating an investigative committee to look into the administrative
creation of the PTC finds justification under Section 17, Article VII of charges filed against the employees of the Department of Health for
the Constitution, imposing upon the President the duty to ensure the anomalous purchase of medicines was upheld. In said case, it
that the laws are faithfully executed. Section 17 reads: was ruled:
Section 17. The President shall have control of all the executive The Chief Executive’s power to create the Ad hoc Investigating
departments, bureaus, and offices. He shall ensure that the laws be Committee cannot be doubted. Having been constitutionally
faithfully executed. (Emphasis supplied). granted full control of the Executive Department, to which
respondents belong, the President has the obligation to ensure that
As correctly pointed out by the respondents, the allocation of power
all executive officials and employees faithfully comply with the law.
in the three principal branches of government is a grant of all
With AO 298 as mandate, the legality of the investigation is
powers inherent in them. The President’s power to conduct
sustained. Such validity is not affected by the fact that the
investigations to aid him in ensuring the faithful execution of laws –
investigating team and the PCAGC had the same composition, or
in this case, fundamental laws on public accountability and
that the former used the offices and facilities of the latter in
transparency – is inherent in the President’s powers as the Chief
conducting the inquiry. [Emphasis supplied]
Executive. That the authority of the President to conduct
investigations and to create bodies to execute this power is not It should be stressed that the purpose of allowing ad hoc
explicitly mentioned in the Constitution or in statutes does not mean investigating bodies to exist is to allow an inquiry into matters which
that he is bereft of such authority.51 As explained in the landmark the President is entitled to know so that he can be properly advised
case of Marcos v. Manglapus:52 and guided in the performance of his duties relative to the execution
and enforcement of the laws of the land. And if history is to be
x x x. The 1987 Constitution, however, brought back the presidential
revisited, this was also the objective of the investigative bodies
system of government and restored the separation of legislative,
created in the past like the PCAC, PCAPE, PARGO, the Feliciano
Commission, the Melo Commission and the Zenarosa Commission.
There being no changes in the government structure, the Court is
not inclined to declare such executive power as non-existent just
because the direction of the political winds have changed.