04/02/2020
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simplicity, economy and efficiency." The Office of the President is the
nerve center of the Executive Branch. To remain effective and efficient,
the Office of the President must be capable of being shaped and reshaped
by the President in the manner he deems fit to carry out his directives
and policies. After all, the Office of the President is the command post of
the President. This is the rationale behind the President's continuing
authority to reorganize the administrative structure of the Office of the
President.[32]
The Office of the President consists of the Office of the President proper and the
agencies under it.[33] It is not disputed that PCUP and NCIP were formed as
agencies under the Office of the President.[34] The "Agencies under the Office of the
President" refer to those offices placed under the chairmanship of the President,
those under the supervision and control of the President, those under the
administrative supervision of the Office of the President, those attached to the Office
for policy and program coordination, and those that are not placed by law or order
creating them under any special department.[35]
As thus provided by law, the President may transfer any agency under the Office of
the President to any other department or agency, subject to the policy in the
Executive Office and in order to achieve simplicity, economy and efficiency. Gauged
against these guidelines,[36] the challenged executive orders may not be said to
have been issued with grave abuse of discretion or in violation of the rule of law.
The references in E.O. 364 to asset reform as an anti-poverty measure for social
justice and to rationalization of the bureaucracy in furtherance of good
government[37] encapsulate a portion of the existing "policy in the Executive Office."
As averred by the OSG, the President saw it fit to streamline the agencies so as not
to hinder the delivery of crucial social reforms.[38]
The consolidation of functions in E.O. 364 aims to attain the objectives of "simplicity,
economy and efficiency" as gathered from the provision granting PCUP and NCIP
access to the range of services provided by the DAR's technical offices and support
systems.[39]
The characterization of the NCIP as an independent agency under the Office of the
President does not remove said body from the President's control and supervision
with respect to its performance of administrative functions. So it has been opined:
That Congress did not intend to place the NCIP under the control of the
President in all instances is evident in the IPRA itself, which provides that
the decisions of the NCIP in the exercise of its quasi-judicial functions
shall be appealable to the Court of Appeals, like those of the National
Labor Relations Commission (NLRC) and the Securities and Exchange
Commission (SEC). Nevertheless, the NCIP, although independent to a
certain degree, was placed by Congress "under the office of the
President" and, as such, is still subject to the President's power of control
and supervision granted under Section 17, Article VII of the Constitution
with respect to its performance
(Underscoring supplied)
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/44257
of
administrative
functions[.][40]
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