consistingintheinvestigation of the crimes,prosecution of offenders and administration of
the correctional system; implement the laws onthe admission and stay of aliens, citizenship,landtitlingsystem,andsettlementoflandproblemsinvolvingsmalllandownersandmember of indigenous cultural minorities; andprovide free legal services to indigent membersof the society. xx xx Section3.PowersandFunctions.-toaccomplish its mandate, the Department shallhave the following powers and functions: (1)Actasprincipallawagencyofthegovernmentandaslegalcounselandrepresentative thereof, whenever so required; (2)investigatethecommissionofcrimes,prosecute offenders and administer the probationand correction system; xx xx A plain reading of the foregoing provisions shows that they aremere general provisions designed to lay down the purposes of theenactment and the broad enumeration of the powers and functionsof the DOJ. In no way can they be interpreted as a grant of powerto curtail a fundamental right as the language of the provision itselfdoes not lend to that stretched construction. In the same way, Section 3 does not authorize the DOJ to issueWLOs and HDOs to restrict the constitutional right to travel. Thereis even no mention of the exigencies stated in the Constitution thatwill justify the impairment. The provision simply grants the DOJ thepowertoinvestigatethe commission of crimes and prosecuteoffenders,whicharebasicallythefunctionsoftheagency.However, it does not carry with it the power to indiscriminatelydevise all means it deems proper in performing its functions withoutregard to constitutionally protected rights. The DOJ cannot also rely on Section 50, Chapter 1 l, Book JV ofE.O. No. 292, which simply provides for the types of issuances thatadministrative agencies, in general, may issue. It does not speak ofany authority or power but rather a mere clarification on the natureof the issuances that may be issued by a secretary or head ofagency. 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 cannotjustify the restriction on the right to travel in DOJ Circular No. 41. Itis indisputable that the secretaries of government agencies havethepowertopromulgaterulesandregulationsthatwillaidperformance in the performance of their functions. This is adjunct tothe power of administrative agencies to execute laws and does notrequire the authority of a law. This is, however, different from thedelegatedlegislative power to promulgate rules of governmentagencies. The questioned circular does not come under the inherent power ofthe executive department to adopt rules and regulations as clearlythe issuance of HDO and WLO is not the DOJ's business. As such,itisacompulsory requirement that there be an existing law,complete and sufficient in itself, conferring the expressed authorityto the concerned agency to promulgate rules.
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Government, Separation of Powers, Supreme Court of the United States, The Court, Sc