6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 51/70

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