a. Executive Departments and Offices

Executive Departments and Offices

The President may, by executive or administrative order, direct the reorganization of government entities under the Executive Department. Section 17, Article VII of the 1987 Constitution, clearly states: “The President shall have control of all executive departments, bureaus and offices.” The Administrative Code also grants the President the power to reorganize the Office of the President in recognition of the recurring need of every President to reorganize his or her office “to achieve simplicity, economy and efficiency” (Tondo Medical v. Court of Appeals, G.R. No. 167324, July 17, 2007).

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 (Anak Mindanao v. Executive Secretary, G.R. No. 166052, Aug. 29, 2007).

The creation of the Truth Commission does not fall within the President’s power to reorganize. It flows from the faithful-execution clause of the Constitution under Article VII, Section 17 thereof. One of the recognized powers of the President is the power to create ad hoc committees. This flows from the need to ascertain facts and determine if laws have been faithfully executed or guide the President in performing his duties relative to the execution and enforcement of laws. The Truth Commission will not supplant the Ombudsman or the Department of Justice or erode their respective powers. The investigative function of the Commission will complement those of the two offices. Nevertheless, the Court declared Executive Order No. 1, which created the Philippine Truth Commission of 2010, unconstitutional for violating the equal protection clause (Biraogo v. The Philippine Truth Commission of 2010 / Rep. Edcel C. Lagman, et. al. v. Exec. Sec. Paquito N. Ochoa, Jr., et al., G.R. No. 192935 & G.R. No. 193036, Dec. 7, 2010).

Prohibitions on the Executive Department

The following prohibitions apply to:

• President;
• Vice-President;
• The members of the Cabinet, and their deputies or assistants