Consisting in the investigation of the crimes

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consisting in the investigation of the crimes, prosecution of offenders and administration of
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the correctional system; implement the laws on the admission and stay of aliens, citizenship, land titling system, and settlement of land problems involving small landowners and member of indigenous cultural minorities; and provide free legal services to indigent members of the society. xx xx Section 3. Powers and Functions. - to accomplish its mandate, the Department shall have the following powers and functions: (1) Act as principal law agency of the government and as legal counsel and representative thereof, whenever so required; (2) investigate the commission of crimes, prosecute offenders and administer the probation and correction system; xx xx A plain reading of the foregoing provisions shows that they are mere general provisions designed to lay down the purposes of the enactment and the broad enumeration of the powers and functions of the DOJ. In no way can they be interpreted as a grant of power to curtail a fundamental right as the language of the provision itself does not lend to that stretched construction. In the same way, Section 3 does not authorize the DOJ to issue WLOs and HDOs to restrict the constitutional right to travel. There is even no mention of the exigencies stated in the Constitution that will justify the impairment. The provision simply grants the DOJ the power to investigate the commission of crimes and prosecute offenders, which are basically the functions of the agency. However, it does not carry with it the power to indiscriminately devise all means it deems proper in performing its functions without regard to constitutionally protected rights. The DOJ cannot also rely on Section 50, Chapter 1 l, Book JV of E.O. No. 292, which simply provides for the types of issuances that administrative agencies, in general, may issue. It does not speak of any authority or power but rather a mere clarification on the nature of the issuances that may be issued by a secretary or head of agency. In the same manner, Section 7, Chapter 2, Title III, Book IV of E.O. 292 cited in the memorandum of the former DOJ Secretary cannot justify the restriction on the right to travel in DOJ Circular No. 41. It is indisputable that the secretaries of government agencies have the power to promulgate rules and regulations that will aid performance in the performance of their functions. This is adjunct to the power of administrative agencies to execute laws and does not require the authority of a law. This is, however, different from the delegated legislative power to promulgate rules of government agencies. The questioned circular does not come under the inherent power of the executive department to adopt rules and regulations as clearly the issuance of HDO and WLO is not the DOJ's business. As such, it is a compulsory requirement that there be an existing law, complete and sufficient in itself, conferring the expressed authority to the concerned agency to promulgate rules.
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  • Fall '19
  • Government, Separation of Powers, Supreme Court of the United States, The Court, Sc

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