04/02/2020
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laws, including those creating the agencies, be faithfully executed.
AMIN cites the naming of the PCUP as a presidential commission to be clearly an
extension of the President, and the creation of the NCIP as an "independent agency
under the Office of the President."[24] It thus argues that since the legislature had
seen fit to create these agencies at separate times and with distinct mandates, the
President should respect that legislative disposition.
In fine, AMIN contends that any reorganization of these administrative agencies
should be the subject of a statute.
AMIN's position fails to impress.
The Constitution confers, by express provision, the power of control over executive
departments, bureaus and offices in the President alone. And it lays down a
limitation on the legislative power.
The line that delineates the Legislative and Executive power is not
indistinct. Legislative power is "the authority, under the Constitution, to
make laws, and to alter and repeal them." The Constitution, as the will of
the people in their original, sovereign and unlimited capacity, has vested
this power in the Congress of the Philippines. The grant of legislative
power to Congress is broad, general and comprehensive. The legislative
body possesses plenary power for all purposes of civil government. Any
power, deemed to be legislative by usage and tradition, is necessarily
possessed by Congress, unless the Constitution has lodged it elsewhere.
In fine, except as limited by the Constitution, either expressly or
impliedly, legislative power embraces all subjects and extends to matters
of general concern or common interest.
While Congress is vested with the power to enact laws, the President
executes the laws. The executive power is vested in the President. It is
generally defined as the power to enforce and administer the laws. It is
the power of carrying the laws into practical operation and enforcing their
due observance.
As head of the Executive Department, the President is the Chief
Executive. He represents the government as a whole and sees to it that
all laws are enforced by the officials and employees of his department. He
has control over the executive department, bureaus and offices. This
means that he has the authority to assume directly the functions of the
executive department, bureau and office, or interfere with the discretion
of its officials. Corollary to the power of control, the President also has
the duty of supervising and enforcement of laws for the maintenance of
general peace and public order. Thus, he is granted administrative power
over bureaus and offices under his control to enable him to discharge his
duties effectively.[25] (Italics omitted, underscoring 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.[26]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/44257
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