SECTION 6. Creation of the National Printing Office. - There is hereby created a National Printing Office out of the merger of the Government Printing Office and the relevant printing units of the Philippine Information Agency. The Office shall have exclusive printing jurisdiction over the following:a. Printing, binding and distribution of all standard and accountable forms of national, provincial, city and municipal governments, including government corporations;
b. Printing of officials ballots;
c. Printing of public documents such as the Official Gazette, General Appropriations Act, Philippine Reports, and development information materials of the Philippine Information Agency.
The Office may also accept other government printing jobs, including government publications, aside from those enumerated above, but not in an exclusive basis.
The details of the organization, powers, functions, authorities, and related management aspects of the Office shall be provided in the implementing details which shall be prepared and promulgated in accordance with Section II of this Executive Order.
The Office shall be attached to the Philippine Information Agency.
SECTION 1. The NPO shall continue to provide printing services to government agencies and instrumentalities as mandated by law. However, it shall no longer enjoy exclusive jurisdiction over the printing services requirements of the government over standard and accountable forms. It shall have to compete with the private sector, except in the printing of election paraphernalia which could be shared with the Bangko Sentral ng Pilipinas, upon the discretion of the Commission on Elections consistent with the provisions of the Election Code of 1987.
SECTION 2. Government agencies/instrumentalities may source printing services outside NPO provided that:
2.1 The printing services to be provided by the private sector is superior in quality and at a lower cost than what is offered by the NPO; and
2.2 The private printing provider is flexible in terms of meeting the target completion time of the government agency.
SECTION 3. In the exercise of its functions, the amount to be appropriated for the programs, projects and activities of the NPO in the General Appropriations Act (GAA) shall be limited to its income without additional financial support from the government. (Emphases and underscoring supplied.)
Sec. 12. Class suit. - When the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all. Any party in interest shall have the right to intervene to protect his individual interest.
An action does not become a class suit merely because it is designated as such in the pleadings. Whether the suit is or is not a class suit depends upon the attending facts, and the complaint, or other pleading initiating the class action should allege the existence of the necessary facts, to wit, the existence of a subject matter of common interest, and the existence of a class and the number of persons in the alleged class, in order that the court might be enabled to determine whether the members of the class are so numerous as to make it impracticable to bring them all before the court, to contrast the number appearing on the record with the number in the class and to determine whether claimants on record adequately represent the class and the subject matter of general or common interest. (Emphases ours.)
Sec. 31. Continuing Authority of the President to Reorganize his Office. - The President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President. For this purpose, he may take any of the following actions:(1) Restructure the internal organization of the Office of the President Proper, including the immediate Offices, the President Special Assistants/Advisers System and the Common Staff Support System, by abolishing, consolidating or merging units thereof or transferring functions from one unit to another;
(2) Transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies; and
(3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other Departments or agencies. (Emphases ours.)
But of course, the list of legal basis authorizing the President to reorganize any department or agency in the executive branch does not have to end here. We must not lose sight of the very source of the power - that which constitutes an express grant of power. Under Section 31, Book III of Executive Order No. 292 (otherwise known as the Administrative Code of 1987), "the President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have the continuing authority to reorganize the administrative structure of the Office of the President." For this purpose, he may transfer the functions of other Departments or Agencies to the Office of the President. In 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 functions." It takes place when there is an alteration of the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them. The EIIB is a bureau attached to the Department of Finance. It falls under the Office of the President. Hence, it is subject to the President's continuing authority to reorganize.13 (Emphasis ours.)
Sec. 20. Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above, or which are not delegated by the President in accordance with law. (Emphasis ours.)
Section 48 of R.A. 7645 provides that:"Sec. 48. Scaling Down and Phase Out of Activities of Agencies Within the Executive Branch. -- The heads of departments, bureaus and offices and agencies are hereby directed to identify their respective activities which are no longer essential in the delivery of public services and which may be scaled down, phased out or abolished, subject to civil [service] rules and regulations. x x x. Actual scaling down, phasing out or abolition of the activities shall be effected pursuant to Circulars or Orders issued for the purpose by the Office of the President."
Said provision clearly mentions the acts of "scaling down, phasing out and abolition" of offices only and does not cover the creation of offices or transfer of functions. Nevertheless, the act of creating and decentralizing is included in the subsequent provision of Section 62, which provides that:"Sec. 62. Unauthorized organizational changes. -- Unless otherwise created by law or directed by the President of the Philippines, no organizational unit or changes in key positions in any department or agency shall be authorized in their respective organization structures and be funded from appropriations by this Act."
The foregoing provision evidently shows that the President is authorized to effect organizational changes including the creation of offices in the department or agency concerned.
The contention of petitioner that the two provisions are riders deserves scant consideration. Well settled is the rule that every law has in its favor the presumption of constitutionality. Unless and until a specific provision of the law is declared invalid and unconstitutional, the same is valid and binding for all intents and purposes.17 (Emphases ours)
We adhere to the precedent or ruling in Larin that this provision recognizes the authority of the President to effect organizational changes in the department or agency under the executive structure. Such a ruling further finds support in Section 78 of Republic Act No. 8760. Under this law, the heads of departments, bureaus, offices and agencies and other entities in the Executive Branch are directed (a) to conduct a comprehensive review of their respective mandates, missions, objectives, functions, programs, projects, activities and systems and procedures; (b) identify activities which are no longer essential in the delivery of public services and which may be scaled down, phased-out or abolished; and (c) adopt measures that will result in the streamlined organization and improved overall performance of their respective agencies. Section 78 ends up with the mandate that the actual streamlining and productivity improvement in agency organization and operation shall be effected pursuant to Circulars or Orders issued for the purpose by the Office of the President. x x x.20 (Emphasis ours)
Section 77. Organized Changes. - Unless otherwise provided by law or directed by the President of the Philippines, no changes in key positions or organizational units in any department or agency shall be authorized in their respective organizational structures and funded from appropriations provided by this Act.
Section 78. Institutional Strengthening and Productivity Improvement in Agency Organization and Operations and Implementation of Organization/Reorganization Mandated by Law. The Government shall adopt institutional strengthening and productivity improvement measures to improve service delivery and enhance productivity in the government, as directed by the President of the Philippines. The heads of departments, bureaus, offices, agencies, and other entities of the Executive Branch shall accordingly conduct a comprehensive review of their respective mandates, missions, objectives, functions, programs, projects, activities and systems and procedures; identify areas where improvements are necessary; and implement corresponding structural, functional and operational adjustments that will result in streamlined organization and operations and improved performance and productivity: PROVIDED, That actual streamlining and productivity improvements in agency organization and operations, as authorized by the President of the Philippines for the purpose, including the utilization of savings generated from such activities, shall be in accordance with the rules and regulations to be issued by the DBM, upon consultation with the Presidential Committee on Effective Governance: PROVIDED, FURTHER, That in the implementation of organizations/reorganizations, or specific changes in agency structure, functions and operations as a result of institutional strengthening or as mandated by law, the appropriation, including the functions, projects, purposes and activities of agencies concerned may be realigned as may be necessary: PROVIDED, FINALLY, That any unexpended balances or savings in appropriations may be made available for payment of retirement gratuities and separation benefits to affected personnel, as authorized under existing laws. (Emphases and underscoring ours.)
In the recent case of Rosa Ligaya C. Domingo, et al. vs. Hon. Ronaldo D. Zamora, in his capacity as the Executive Secretary, et al., this Court has had occasion to also delve on the President's power to reorganize the Office of the President under Section 31(2) and (3) of Executive Order No. 292 and the power to reorganize the Office of the President Proper. x x x
x x x x
The first sentence of the law is an express grant to the President of a continuing authority to reorganize the administrative structure of the Office of the President. The succeeding numbered paragraphs are not in the nature of provisos that unduly limit the aim and scope of the grant to the President of the power to reorganize but are to be viewed in consonance therewith. Section 31(1) of Executive Order No. 292 specifically refers to the President's power to restructure the internal organization of the Office of the President Proper, by abolishing, consolidating or merging units hereof or transferring functions from one unit to another, while Section 31(2) and (3) concern executive offices outside the Office of the President Proper allowing the President to transfer any function under the Office of the President to any other Department or Agency and vice-versa, and the transfer of any agency under the Office of the President to any other department or agency and vice-versa.
In the present instance, involving neither an abolition nor transfer of offices, the assailed action is a mere reorganization under the general provisions of the law consisting mainly of streamlining the NTA in the interest of simplicity, economy and efficiency. It is an act well within the authority of the President motivated and carried out, according to the findings of the appellate court, in good faith, a factual assessment that this Court could only but accept.22 (Emphases and underscoring supplied.)
This Court has already ruled in a number of cases that the President may, by executive or administrative order, direct the reorganization of government entities under the Executive Department. This is also sanctioned under the Constitution, as well as other statutes.Subsequently, we ruled in Anak Mindanao Party-List Group v. Executive Secretary25 that:
Section 17, Article VII of the 1987 Constitution, clearly states: "[T]he president shall have control of all executive departments, bureaus and offices." Section 31, Book III, Chapter 10 of Executive Order No. 292, also known as the Administrative Code of 1987 reads:SEC. 31. Continuing Authority of the President to Reorganize his Office - The President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President. For this purpose, he may take any of the following actions:
x x x x
In Domingo v. Zamora [445 Phil. 7 (2003)], this Court explained the rationale behind the President's continuing authority under the Administrative Code to reorganize the administrative structure of the Office of the President. The law grants the President the power to reorganize the Office of the President in recognition of the recurring need of every President to reorganize his or her office "to achieve simplicity, economy and efficiency." To remain effective and efficient, it must be capable of being shaped and reshaped by the President in the manner the Chief Executive deems fit to carry out presidential directives and policies.
The Administrative Code provides that the Office of the President consists of the Office of the President Proper and the agencies under it. The agencies under the Office of the President are identified in Section 23, Chapter 8, Title II of the Administrative Code:Sec. 23. The Agencies under the Office of the President.--The agencies under the Office of the President refer to those offices placed under the chairmanship of the President, those under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any specific department.
x x x x
The power of the President to reorganize the executive department is likewise recognized in general appropriations laws. x x x.
x x x x
Clearly, Executive Order No. 102 is well within the constitutional power of the President to issue. The President did not usurp any legislative prerogative in issuing Executive Order No. 102. It is an exercise of the President's constitutional power of control over the executive department, supported by the provisions of the Administrative Code, recognized by other statutes, and consistently affirmed by this Court.24 (Emphases supplied.)
The Constitution's express grant of the power of control in the President justifies an executive action to carry out reorganization measures under a broad authority of law.
In enacting a statute, the legislature is presumed to have deliberated with full knowledge of all existing laws and jurisprudence on the subject. It is thus reasonable to conclude that in passing a statute which places an agency under the Office of the President, it was in accordance with existing laws and jurisprudence on the President's power to reorganize.
In establishing an executive department, bureau or office, the legislature necessarily ordains an executive agency's position in the scheme of administrative structure. Such determination is primary, but subject to the President's continuing authority to reorganize the administrative structure. As far as bureaus, agencies or offices in the executive department are concerned, the power of control may justify the President to deactivate the functions of a particular office. Or a law may expressly grant the President the broad authority to carry out reorganization measures. The Administrative Code of 1987 is one such law.26
Sec. 2. Executive Orders. - Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.
Sec. 3. Administrative Orders. - Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. (Emphases supplied.)
Reorganizations in this jurisdiction have been regarded as valid provided they are pursued in good faith. As a general rule, a reorganization is carried out in "good faith" if it is for the purpose of economy or to make bureaucracy more efficient. In that event, no dismissal (in case of a dismissal) or separation actually occurs because the position itself ceases to exist. And in that case, security of tenure would not be a Chinese wall. Be that as it may, if the "abolition," which is nothing else but a separation or removal, is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid "abolition" takes place and whatever "abolition" is done, is void ab initio. There is an invalid "abolition" as where there is merely a change of nomenclature of positions, or where claims of economy are belied by the existence of ample funds. (Emphasis ours.)
Endnotes:
1 ABOLISHING THE GENERAL SERVICES ADMINISTRATION AND TRANSFERRING ITS FUNCTIONS TO APPROPRIATE GOVERNMENT AGENCIES.
2 328 Phil. 1187, 1204 (1996).
3 157 Phil. 551, 563-564 (1974).
4 Respondents' Comment on the Manifestation of Desistance, rollo, p. 86.
5 Id. at 30-32.
6 Id. at 44.
7 444 Phil. 230, 257 (2003); citing 59 Am Jur 2d, 456 (1977).
8 12 Phil. 227, 241 (1908).
9 Rollo, p. 29.
10 Id. at 30-32.
11 DECLARING NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY THE PEOPLE, PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW CONSTITUTION.
12 413 Phil. 281 (2001).
13 Id. at 294-295.
14 Section 23, Chapter 8, Title II, Book III of the Administrative Code of 1987 provides:
Section 23. The Agencies under the Office of the President. - The agencies under the Office of the President refer to those offices placed under the chairmanship of the President, those under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any specific department.
15 Subsequently, in order to harmonize Executive Order No. 378 with other executive issuances and laws relating to the printing of government forms, President Arroyo, through the Executive Secretary, issued Memorandum Circular No. 180 (dated August 13, 2009) to clarify the printing responsibility of the NPO. The said issuance provided that the NPO had exclusive printing jurisdiction over standard and accountable forms with money value and specialized accountable forms, which may be contracted out to the NPO's accredited private security printers under the guidelines therein provided. It also affirmed the NPO's exclusive jurisdiction over the printing of election forms and public documents, such as the Official Gazette, General Appropriations Act, Philippine Reports and development information materials of the Philippine Information Agency. It is only with respect to other standard accountable forms and other government printing jobs that private providers may be engaged in accordance with prescribed guidelines and upon written waiver issued by the NPO.
16 G.R. No. 112745, October 16, 1997, 280 SCRA 713.
17 Id. at 729-730.
18 Supra note 12.
19 Republic Act 8760, signed into law on February 16, 2000.
20 Buklod ng Kawaning EIIB v. Zamora, supra note 12 at 293-294.
21 455 Phil. 761 (2003).
22 Id. at 775-772.
23 G.R. No. 167324, July 17, 2007, 527 SCRA 746.
24 Id. at 766-770.
25 G.R. No. 166052, August 29, 2007, 531 SCRA 583.
26 Id. at 596.
27 It is, however, highly debatable whether Executive Order No. 378 is a mere implementation of the Government Procurement Reform Act, as Justice Carpio proposes, since there is nothing in the said statute that authorizes modification of the functions or appropriations of an executive office or agency.
28 G.R. Nos. 81954, 81967, 82023, 83737, 85310, 85335 and 86241, August 8, 1989, 176 SCRA 84, 127.
29 Supra note 12.
30 Id.
31 Eureka Personnel & Management Services, Inc. v. Valencia, G.R. No. 159358, July 15, 2009, citing Republic v. Orbecido III, G.R. No. 154380, October 5, 2005, 472 SCRA 114; Noceda v. Court of Appeals, 372 Phil. 383 (1999); Luxuria Homes, Inc. v. Court of Appeals, 361 Phil. 989 (1999).
CARPIO, J.:
I concur in the result that Executive Order No. 378 (EO 378) is a valid Presidential issuance, but not because it implements Section 31, Chapter 10, Book II of the Administrative Code of 19871 (Section 31) or that it is sanctioned by case law anchored on Presidential Decree No. 1416 (PD 1416), but because EO 378 merely implements Republic Act No. 9184 (RA 9184)2 regulating government procurement activities.
Continuing Authority of the President to Reorganize his Office. The President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President. For this purpose, he may take any of the following actions:
(1) Restructure the internal organization of the Office of the President Proper, including the immediate Offices, the Presidential Special Assistants/Advisers System and the Common Staff Support System, by abolishing, consolidating or merging units thereof or transferring functions from one unit to another;
(2) Transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies; and
(3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other departments or agencies. (Emphasis supplied)
Another legal basis of E.O. No. 132 is Section 20, Book III of E.O. No. 292 which states:"Sec. 20. Residual Powers. -- Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above or which are not delegated by the President in accordance with law." (italics ours)
This provision speaks of such other powers vested in the President under the law. What law then which gives him the power to reorganize? It is Presidential Decree No. 1772 which amended Presidential Decree No. 1416. These decrees expressly grant the President of the Philippines the continuing authority to reorganize the national government, which includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities and to standardize salaries and materials.10 (Emphasis supplied)
1. The President of the Philippines shall have continuing authority to reorganize the administrative structure of the National Government.
2. For this purpose, the President may, at his discretion, take the following actions:
(a) Group, coordinate, consolidate or integrate departments, bureaus, offices, agencies, instrumentalities and functions of the government;
(b) Abolish departments, offices, agencies or functions which may not be necessary, or create those which are necessary, for the efficient conduct of government functions services and activities;
(c) Transfer functions, appropriations, equipment, properties, records and personnel from one department, bureau, office, agency or instrumentality to another;
(d) Create, classify, combine, split, and abolish positions; and
(e) Standardize salaries, materials and equipment. (Emphasis supplied)
Endnotes:
1 Executive Order No. 292.
2 The Government Procurement Reform Act.
3 EO 292 was enacted by then President Aquino on 25 July 1987 in the exercise of her legislative power under Section 1, Article II of the Provisional Constitution.
4 Section 22, Chapter 8, Title II, Book III of the Administrative Code of 1987 provides:
Office of the President Proper. - (1) The Office of the President Proper shall consist of the Private Office, the Executive Office, the Common Staff Support System, and the Presidential Special Assistants/Advisers System;
(2) The Executive Office refers to the Offices of the Executive Secretary, Deputy Executive Secretaries and Assistant Executive Secretaries;
(3) The Common Staff Support System embraces the offices or units under the general categories of development and management, general government administration and internal administration; and
(4) The President Special Assistants/Advisers System includes such special assistants or advisers as may be needed by the President.
5 Section 21, Chapter 8, Title II, Book III of the Administrative Code of 1987 provides: "Organization. The Office of the President shall consist of the Office of the President Proper and the agencies under it."
6 Decision, p. 11.
7 345 Phil. 962 (1997).
8 413 Phil. 281 (2001) (upholding the validity of executive issuances deactivating the Economic Intelligence and Investigation Bureau, an agency under the Office of the President).
9 G.R. No. 167324, 17 July 2007, 527 SCRA 746.
10 Supra note 7 at 730.
11 See Canonizado v. Aguirre, G.R. No. 133132, 25 January 2000, 323 SCRA 312; Buklod ng Kawaning EIIB v. Zamora, G.R. Nos. 142801-802, 10 July 2001, 360 SCRA 718.
12 We described this power, as exercised by Congress, as follows: "Reorganization takes place when there is an alteration of the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them. It involves a reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions." (Canonizado v. Aguirre, G.R. No. 133132, 25 January 2000, 323 SCRA 312, 326; internal citations omitted).
13 The doctrine of non-delegation of legislative power admits of only two exceptions under the Constitution, namely, the delegation to the local governments (Section 3 and Section 20, Article X) and to the President on the imposition of tariff rates, trade quotas, and shipping dues (VI, § 28(2) and adoption of measures during national emergency (Section 23(2), Article VI).
14 For the Executive, this authorization is found in Section 31, Chapter 10, Book II of the Administrative Code of 1987. For the judiciary, Section 43 of Batas Pambansa Blg. 129 (The Judiciary Reorganization Act of 1980) required the Supreme Court to submit to the President the staffing pattern for courts constituted under that law for issuance of relevant implementing rules. For the reorganization of the Office of the Court Administrator, Section 7 of Presidential Decree No. 828, as amended by Presidential Decree No. 842, delegated to the Supreme Court the power to "create such offices, services, divisions and other units in the Office of the Court Administrator, as may be necessary."
15 Last paragraph, Section 1, PD 1772.
16 Section 2, PD 1772 (emphasis supplied).
17 Section 2(2), Executive Order No. 292 (emphasis supplied). More specialized statutes, such as Section 4 of Republic Act No. 6758 (Compensation and Position Classification Act of 1989) substantially hews to the Administrative Code's definition: "The term "government" refers to the Executive, the Legislative and the Judicial Branches and the Constitutional Commissions and shall include all, but shall not be limited to, departments, bureaus, offices, boards, commissions, courts, tribunals, councils, authorities, administrations, centers, institutes, state colleges and universities, local government units, and the armed forces. x x x" (emphasis supplied).
18 Mactan Cebu International Airport Authority v. Marcos, G.R. No. 120082, 11 September 1996, 261 SCRA 667, 688-689, citing the following definition of "government" in Bacani v. NACOCO, 100 Phil. 468, 471-472 (1956):
[W]e state that the term "Government" may be defined as "that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them" This institution, when referring to the national government, has reference to what our Constitution has established composed of three great departments, the legislative, executive, and the judicial, through which the powers and functions of government are exercised. (Internal citation omitted; emphasis supplied)
19 Article VI, Section 25(5), Constitution.
20 Section 5, Article IX-B, Constitution. The entire provision reads: "The Congress shall provide for the standardization of compensation of government officials and employees, including those in government-owned or controlled corporations with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for, their positions."
21 Republic Act No. 6758 (Compensation and Position Classification Act of 1989).
22 E.g., Republic Act No. 7907 (1995) for Land Bank of the Philippines; Republic Act No. 8282 (1997) for Social Security System; Republic Act No. 8289 (1997) for Small Business Guarantee and Finance Corporation; Republic Act No. 8291 (1997) for Government Service Insurance System; Republic Act No. 8523 (1998) for Development Bank of the Philippines; Republic Act No. 8763 (2000) for Home Guaranty Corporation; and Republic Act No. 9302 (2004) for Philippine Deposit Insurance Corporation (PDIC).
23 Struck down as unconstitutional in Pelaez v. Auditor General, No. L-23825, 24 December 1965, 15 SCRA 569.
24 A paradigmatic statement of the doctrine runs:The power to make laws -- the legislative power -- is vested in a bicameral Legislature by the Jones Law (sec. 12) and in a unicameral National Assembly by the Constitution (Act. VI, sec. 1, Constitution of the Philippines). The Philippine Legislature or the National Assembly may not escape its duties and responsibilities by delegating that power to any other body or authority. Any attempt to abdicate the power is unconstitutional and void, on the principle that potestas delegata non delegare potest. This principle is said to have originated with the glossators, was introduced into English law through a misreading of Bracton, there developed as a principle of agency, was established by Lord Coke in the English public law in decisions forbidding the delegation of judicial power, and found its way into America as an enlightened principle of free government. It has since become an accepted corollary of the principle of separation of powers. x x x x (People v. Vera, 65 Phil. 56, 112 (1937); emphasis supplied).
25 Section 1, Article II.
26 Section 6, Article XVIII. See also Association of Small Landowners in the Philippines Inc. v. Secretary of Agrarian Reform, G.R. No. 78742, 14 July 1989, 175 SCRA 343.
27 The rise of the administrative state since the latter half of the last century saw the blending of quasi-legislative and quasi-judicial powers in multifarious executive offices, radically redefining the classical notion of separation of powers. (see IRENE R. CORTES, PHILIPPINE ADMINISTRATIVE LAW: CASES AND MATERIALS 6-11 [2nd ed., 1984])
28 Among the constitutionally permissible inter-branch encroachments are the President's veto power, Congress' power of legislative inquiry and the judiciary's power of judicial review.
29 This is a core theory justifying the separation of powers, undergirded by modern political thinking, which found its way into the writings of the framers of the United States' Constitution, the blueprint of the present Philippine constitution.
30 Decision, p. 20.
31 Presidential Proclamation No. 1017 which was partially declared unconstitutional in David v. Arroyo, G.R. No. 171396, 3 May 2006, 489 SCRA 160.
32 G.R. No. 166052, 29 August 2007, 531 SCRA 583.
33 Department of Agrarian Reform.
34 G.R. No. 133132, 25 January 2000, 323 SCRA 312.
35 Id. at 326.
36 Citing De Leon and De Leon, Jr., The Law On Public Officers And Election Law (1994 ed.), 365 and Dario v. Mison, G.R. No. 81954, 8 August 1989, 176 SCRA 84 (reviewing the constitutionality of Executive Order No. 127, reorganizing the then Ministry of Finance, issued by President Corazon C. Aquino in the exercise of her legislative powers under the Provisional Constitution).
37 This is apparent from the following canonical distinction of the two doctrines: "In administrative law supervision means overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them the former may take such action or step as prescribed by law to make them perform their duties. Control, on the other hand, means the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter." (Mondano v. Silvosa, 97 Phil. 143, 147-148 [1955]) (Emphasis supplied).
38 Section 4 in relation to Section 5(h).
39 Section 10, Article IV in relation to Article XVI.
40 Section 3(c).
41 EO 378, second "Whereas" clause.