04/02/2020
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In enacting a statute, the legislature is presumed to have deliberated with full
knowledge of all existing laws and jurisprudence on the subject.[27] It is thus
reasonable to conclude that in passing a statute which places an agency under the
Office of the President, it was in accordance with existing laws and jurisprudence on
the President's power to reorganize.
In establishing an executive department, bureau or office, the legislature necessarily
ordains an executive agency's position in the scheme of administrative structure.
Such determination is primary,[28] but subject to the President's continuing authority
to reorganize the administrative structure. As far as bureaus, agencies or offices in
the executive department are concerned, the power of control may justify the
President to deactivate the functions of a particular office. Or a law may expressly
grant the President the broad authority to carry out reorganization measures.[29]
The Administrative Code of 1987 is one such law:[30]
SEC. 30. Functions of Agencies under the Office of the President.Agencies under the Office of the President shall continue to operate and
function in accordance with their respective charters or laws creating
them, except as otherwise provided in this Code or by law.
SEC. 31. Continuing Authority of the President to Reorganize his Office.The President, subject to the policy in the Executive Office and in
order to achieve simplicity, economy and efficiency, shall have
continuing authority to reorganize the administrative structure of the
Office of the President. For this purpose, he may take any of the following
actions:
(1) Restructure the internal organization of the Office of the President
Proper, including the immediate Offices, the Presidential Special
Assistants/Advisers System and the Common Staff Support System, by
abolishing, consolidating, or merging units thereof or transferring
functions from one unit to another;
(2) Transfer any function under the Office of the President to any other
Department or Agency as well as transfer functions to the Office of the
President from other Departments and Agencies; and
(3) Transfer any agency under the Office of the President to any other
department or agency as well as transfer agencies to the Office of the
President from other departments or agencies. [31] (Italics in the original;
emphasis and underscoring supplied)
In carrying out the laws into practical operation, the President is best equipped to
assess whether an executive agency ought to continue operating in accordance with
its charter or the law creating it. This is not to say that the legislature is incapable of
making a similar assessment and appropriate action within its plenary power. The
Administrative Code of 1987 merely underscores the need to provide the President
with suitable solutions to situations on hand to meet the exigencies of the service
that may call for the exercise of the power of control.
x x x The law grants the President this power in recognition of the
recurring need of every President to reorganize his office "to achieve
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/44257
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