A no6713 qwhatismeantbypartisanpoliticalactivity

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Unformatted text preview: he power to reorganize as expressed in Section 31 of the Revised Administrative Code? A: No. The provision refers to reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. These point to situations where a body or an office is already existent but a modification or alteration thereof has to be effected. The creation of an office is nowhere mentioned, much less envisioned in said provision. To say that the PTC is borne out of a restructuring of the Office of the President under Section 31 is a misplaced supposition, even in the plainest meaning attributable to the term ‘restructure’‐an ‘alteration of an existing structure.’ Evidently, the PTC was not part of the structure of the Office of the President prior to the enactment of Executive Order No. 1. (Biraogo v. Philippine Truth Commission of 2010, G.R. No. 192935, December 7, 2010) Q: Is the creation of the PTC justified by the President’s power of control. A: No, control is essentially the power to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former with that of the latter. Clearly, the power of control is entirely different from the power to create public offices. The former is inherent in the Executive, while the latter finds basis from either a valid delegation from Congress, or his inherent duty to faithfully execute the laws. (Biraogo v. Philippine Truth Commission of 2010, G.R. No. 192935, December 7, 2010) Q: Can P.D. 1416 be used as justification for the President’s power to create public offices, particularly the PTC? A: No, said decree is already stale, anachronistic and inoperable. P.D. No. 1416 was a delegation to then President Marcos of the authority to reorganize the administrative structure of the national government including the power to create offices and transfer appropriations pursuant to one of the purposes of the decree POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRIST...
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This document was uploaded on 03/12/2014.

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