6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Sovereignty and General Administration, Book II with the Distribution of Powers of the three branches of Government, Book III on the Office of the President, Book IV on the Executive Branch, Book V on the Constitutional Commissions, Book VI on National Government Budgeting, and Book VII on Administrative Procedure. These Books contain provisions on the organization, powers and general administration of the executive, legislative and judicial branches of government, the organization and administration of departments, bureaus and offices under the executive branch, the organization and functions of the Constitutional Commissions and other constitutional bodies, the rules on the national government budget, as well as guidelines for the exercise by administrative agencies of quasi-legislative and quasi-judicial powers. The Code covers both the internal administration of government, i.e., internal organization, personnel and recruitment, supervision and discipline, and the effects of the functions performed by administrative officials on private individuals or parties outside government. [21] (Citations omitted) Indeed, EO 292 is a law of general application.[22] Pushed to the hilt, the argument of respondent will grant carte blanche to the Executive in promulgating rules that curtail the enjoyment of constitutional rights even without the sanction of Congress. To repeat, the Executive is limited to executing the law. It cannot make, amend or repeal a law, much less a constitutional provision. For the same reason, in the Court's jurisprudence concerning the overseas travel of court personnel during their approved leaves of absence and with no pending criminal case before any court, I have consistently maintained that only a law, not administrative rules, can authorize the Court to impose administrative sanctions for the employee's failure to obtain a travel permit: Although the constitutional right to travel is not absolute, it can only be restricted in the interest of national security, public safety, or public health, as may be provided by law. As held in Silverio v. Court of Appeals: Article III, Section 6 of the 1987 Constitution should be interpreted to mean that while the liberty of travel may be impaired even without court order, the appropriate executive officers or administrative authorities are not armed with arbitrary discretion to impose limitations. They can impose limits only on the basis of "national security, public safety, or public health" and "as may be provided by law," a limitive phrase which did not appear in the 1973 text x x x. Apparently, the phraseology in the 1987 Constitution was a reaction to the ban on international travel imposed under the previous regime when there was a Travel Processing Center, which issued certificates of eligibility to travel upon application of an interested party x x x. The constitutional right to travel cannot be impaired without due process of law. Here, due process of law requires the existence of a law regulating travel abroad, in the interest of national security, public safety or public elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 52/70

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents