6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly Constitutional and statutory provisions control with respect to what rules and regulations may be promulgated by an administrative body, as well as with respect to what fields are subject to regulation by it. It may not make rules and regulations which are inconsistent with the provisions of the Constitution or a statute, particularly the statute it is administering or which created it, or which are in derogation of, or defeat, the purpose of a statute. [94] The DOJ cannot also rely on Section 50, Chapter 11, Book IV of E.O. No. 292, which simply provides for the types of issuances that administrative agencies, in general, may issue. It does not speak of any authority or power but rather a mere clarification on the nature of the issuances that may be issued by a secretary or head of agency. The innocuous provision reads as follows: Section 50. General Classification of Issuances. - The administrative issuances of Secretaries and heads of bureaus, offices and agencies shall be in the form of circulars or orders. (1) Circulars shall refer to issuance prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Government and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto; and (2) Orders shall refer to issuances directed to particular offices, officials, or employees, concerning specific matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned. (Emphasis Ours) In the same manner, Section 7, Chapter 2, Title III, Book IV of E.O. 292 cited in the memorandum of the former DOJ Secretary cannot justify the restriction on the right to travel in DOJ Circular No. 41. The memorandum particularly made reference to Subsections 3, 4 and 9 which state: Section 7. Powers and Functions of the Secretary. - The Secretary shall: (1) Advise the President in issuing executive orders, regulations, proclamations and other issuances, the promulgation of which is expressly vested by law in the President relative to matters under the jurisdiction of the Department; (2) Establish the policies and standards for the operation of the Department pursuant to the approved programs of governments; (3) Promulgate rules and regulations necessary to carry out department objectives, policies, functions, plans, programs and projects; (4) Promulgate administrative issuances necessary for the efficient administration of the offices under the Secretary and for proper execution of the laws relative thereto. These issuances shall not prescribe penalties for their violation, except when expressly authorized by law; elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 19/70