6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly xxxx (9) Perform such other functions as may be provided by law. (Emphasis Ours) It is indisputable that the secretaries of government agencies have the power to promulgate rules and regulations that will aid in the performance of their functions. This is adjunct to the power of administrative agencies to execute laws and does not require the authority of a law. This is, however, different from the delegated legislative power to promulgate rules of government agencies. The considered opinion of Mr. Justice Carpio in Abakada Guro Party List (formerly AASJS) et al. vs. Hon. Purisima et al.,[95] is illuminating: The inherent power of the Executive to adopt rules and regulations to execute or implement the law is different from the delegated legislative power to prescribe rules. The inherent power of the Executive to adopt rules to execute the law does not require any legislative standards for its exercise while the delegated legislative power requires sufficient legislative standards for its exercise. xxxx Whether the rule-making power by the Executive is a delegated legislative power or an inherent Executive power depends on the nature of the rulemaking power involved. If the rule-making power is inherently a legislative power, such as the power to fix tariff rates, the rule-making power of the Executive is a delegated legislative power. In such event, the delegated power can be exercised only if sufficient standards are prescribed in the law delegating the power. If the rules are issued by the President in implementation or execution of self-executory constitutional powers vested in the President, the rule-making power of the President is not a delegated legislative power, x x x. The rule is that the President can execute the law without any delegation of power from the legislature. Otherwise, the President becomes a mere figure-head and not the sole Executive of the Government.[96] The questioned circular does not come under the inherent power of the executive department to adopt rules and regulations as clearly the issuance of HDO and WLO is not the DOJ's business. As such, it is a compulsory requirement that there be an existing law, complete and sufficient in itself, conferring the expressed authority to the concerned agency to promulgate rules. On its own, the DOJ cannot make rules, its authority being confined to execution of laws. This is the import of the terms "when expressly provided by law" or "as may be provided by law" stated in Sections 7(4) and 7(9), Chapter 2, Title III, Book IV of E.O. 292. The DOJ is confined to filling in the gaps and the necessary details in carrying into effect the law as enacted.[97] Without a clear mandate of an existing law, an administrative issuance is ultra vires. Consistent with the foregoing, there must be an enabling law from which DOJ Circular elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 20/70