04/02/2020
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enforcing.[74] This power of legal interpretation uniquely arises from the legal
principle that the grant of executive power to the President is a grant of all powers
necessary for the exercise of the power expressly given.[75]
The scope of the presidential/executive interpretative power, however broadly it may
be interpreted, has to be read together with the principle of checks and balances. In
other words, the executive’s broad interpretative power does not signify that he
possesses unfettered authority to exercise an independent power of legal
interpretation. The scope of the President’s power of executive interpretation is at its
broadest when exercised clearly within its own sphere of power and diminishes
when it involves the power of the other branches of the government.[76] The
degrees of presidential legal interpretation thus fluctuates from the very broad to the
very narrow.
To place my discussion in proper context and in simpler terms, when the President
interprets a constitutional provision that grants him full discretionary authority to act
on a matter, the Court generally defers to the President’s judgment on how the
constitutional provision is to be interpreted and applied.[77] This is true in ordinary
legal situations where a government agency in the executive, tasked to implement a
particular law, is given the first opportunity to interpret and apply it even before a
controversy as regards its implementation reaches the courts.
In fact, the Executive branch is constantly engaged in legal interpretation in
performing its multifarious duties. In instances when the executive interpretation
finally reaches the judiciary, the courts may adopt a deferential attitude towards the
construction placed on the statute by the executive officials charged with its
execution. This reality is what we now know as the doctrine of contemporaneous
construction.[78]
In other words, even in the Court’s task of constitutional interpretation, it does
not simply disregard the doctrine of contemporaneous construction and the
executive power that it supports, since executive interpretation is a practical and
inevitable premise in the execution of laws.[79] This recognition is, of course,
constantly subject to the Court’s own power of judicial review to ensure that the
executive’s interpretation is consistent with the letter and spirit of the law and the
Constitution.[80]
This understanding of the limits of executive interpretation is further qualified in a
situation where the Court has already previously ruled on a particular legal issue
affecting the implementation of laws. The Court’s ruling is not only binding on the
lower courts under the principle of stare decisis,[81] but on the two co-equal
branches of government as well,[82] in keeping with the doctrine of separation of
powers.[83] Judicial review and the interpretation of our laws are powers peculiarly
vested by the Constitution in the courts, which powers, the two other branches must
respect.[84]
Garafil misconstrued these legal parameters as well as the nature of executive
interpretation when she took her positions in the present case. She should have
recognized that the President’s power of executive interpretation is even expressly
recognized by law. The Administrative Code provides:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
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