6/7/2020
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of 1987. In particular, respondent cites the DOJ's mandate to "investigate the
commission of crimes" and "provide immigration x x x regulatory services," as well as
the DOJ Secretary's rule-making power.[19]
I disagree.
In the landmark case of Ople v. Torres,[20] an administrative order was promulgated
restricting the right to privacy without a specific law authorizing the restriction. The
Office of the President justified its legality by invoking the Revised Administrative Code
of 1987. The Court rejected the argument and nullified the assailed issuance for being
unconstitutional as the Revised Administrative Code of 1987 was too general a law to
serve as basis for the curtailment of the right to privacy, thus:
We now come to the core issues. Petitioner claims that A.O. No. 308 is not a
mere administrative order but a law and hence, beyond the power of the
President to issue. He alleges that A.O. No. 308 establishes a system of
identification that is all-encompassing in scope, affects the life and liberty of
every Filipino citizen and foreign resident, and more particularly, violates
their right to privacy.
Petitioner's sedulous concern for the Executive not to trespass on the
lawmaking domain of Congress is understandable. The blurring of the
demarcation line between the power of the Legislature to make laws and the
power of the Executive to execute laws will disturb their delicate balance of
power and cannot be allowed. Hence, the exercise by one branch of
government of power belonging to another will be given a stricter scrutiny
by this Court.
xxxx
Prescinding from these precepts, we hold that A.O. No. 308 involves a
subject that is not appropriate to be covered by an administrative order. An
administrative order is:
"Sec. 3. Administrative Orders. — Acts of the President which
relate to particular aspects of governmental operation in
pursuance of his duties as administrative head shall be
promulgated in administrative orders."
An administrative order is an ordinance issued by the President which
relates to specific aspects in the administrative operation of government. It
must be in harmony with the law and should be for the sole purpose of
implementing the law and carrying out the legislative policy. We reject the
argument that A.O. No. 308 implements the legislative policy of the
Administrative Code of 1987. The Code is a general law and
"incorporates in a unified document the major structural, functional
and procedural principles of governance" and "embodies changes in
administrative structures and procedures designed to serve the
people." The Code is divided into seven (7) Books: Book I deals with
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165
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