transferring any function under the Office of the President to any other
[24] Biraogo v Truth Commission
Department/Agency or vice versa; or (3) transferring any agency under the Office of the President to any other Department/Agency or vice versa.|||To GR No.192935. | Dec. 7, 2010 | Power to Create Public Office and Reorganize | say that the PTC is borne out of a restructuring of the Office of the Genoveza President under Section 31 is a misplaced supposition, even in the plainest Petitioner: LOUIS "BAROK" C. BIRAOGO||| meaning attributable to the term "restructure" — an "alteration of an Respondents:THE PHILIPPINE TRUTH COMMISSION OF 2010||| existing structure
Recit-Ready: FACTS: PNoy on July 30, 2010, signed Executive Order No. 1 establishing the Philippine Truth Commission of 2010. The Philippine Truth Commission (PTC) PNoy on July 30, 2010, signed Executive Order No. 1 establishing the Philippine is a mere ad hoc body formed under the Office of the President with the Truth Commission of 2010. The Philippine Truth Commission (PTC) is a mere ad primary task to investigate reports of graft and corruption committed by hoc body formed under the Office of the President with the primary task to third-level public officers and employees, their co-principals, accomplices and investigate reports of graft and corruption committed by third-level public accessories during the previous administration, and thereafter to submit its officers and employees, their co-principals, accomplices and accessories during finding and recommendations to the President, Congress and the the previous administration, and thereafter to submit its finding and Ombudsman. It was given all investigative powers pursuant to Section 37, recommendations to the President, Congress and the Ombudsman. Though it Chapter 9, Book I of the Administrative Code of 1987. The petitioners argue has been described as an "independent collegial body," it is essentially an entity that the establishment of the Commission is invalid as it usurped the power of within the Office of the President Proper and subject to his control.||| Congress to create offices. The SC held that the Commission’s creation is invalid as Sec 31 of the Admin Code granting the President to reorganize," To accomplish its task, the PTC shall have all the powers of an investigative body "transfer," "consolidate," "merge," and "abolish” does not include the power to under Section 37, Chapter 9, Book I of the Administrative Code of 1987. It is not, create an office. The SC ratiocinated that Section 31 contemplates however, a quasi-judicial body as it cannot adjudicate, arbitrate, resolve, settle, or "reorganization" as limited by the following functional and structural lines: (1) render awards in disputes between contending parties. All it can do is gather, restructuring the internal organization of the Office of the President Proper by collect and assess evidence of graft and corruption and make recommendations. abolishing, consolidating or merging units thereof or transferring functions It may have subpoena powers but it has no power to cite people in contempt, from one unit to another; (2) transferring any function under the Office of the much less order their arrest. Although it is a fact-finding body, it cannot President to any other Department/Agency or vice versa; or (3) transferring any determine from such facts if probable cause exists as to warrant the filing of an agency under the Office of the President to any other Department/Agency or information in our courts of law. Needless to state, it cannot impose criminal, vice versa.||| To say that the PTC is borne out of a restructuring of the Office of civil or administrative penalties or sanctions. ||| the President under Section 31 is a misplaced supposition, even in the plainest meaning attributable to the term "restructure" — an "alteration of an existing Truth commissions have been described as bodies that share the following structure." Evidently, the PTC was not part of the structure of the Office of the characteristics: (1) they examine only past events; (2) they investigate patterns of President prior to the enactment of Executive Order No. 1. abuse committed over a period of time, as opposed to a particular event; (3) they are temporary bodies that finish their work with the submission of a report Doctrine: containing conclusions and recommendations; and (4) they are officially sanctioned, authorized or empowered by the State. "Commission's members are Section 31 contemplates "reorganization" as limited by the following usually empowered to conduct research, support victims, and propose policy functional and structural lines: (1) restructuring the internal organization of recommendations to prevent recurrence of crimes. Through their investigations, the Office of the President Proper by abolishing, consolidating or merging the commissions may aim to discover and learn more about past abuses, or units thereof or transferring functions from one unit to another; (2) formally acknowledge them. They may aim to prepare the way for prosecutions ISSUE: Whether or not the creation of the Truth Commission is sanctioned and recommend institutional reforms||| by Section 31 of the Revised Administrative Code- NO RATIO: Section 31 contemplates "reorganization" as limited by the following Barely a month after the issuance of Executive Order No. 1, the petitioners asked functional and structural lines: (1) restructuring the internal organization of the Court to declare it unconstitutional and to enjoin the PTC from performing its the Office of the President Proper by abolishing, consolidating or merging functions. units thereof or transferring functions from one unit to another; (2) transferring any function under the Office of the President to any other Biraogo’s contention:Section 31 of the Administrative Code of 1987, granting the Department/Agency or vice versa; or (3) transferring any agency under the President the continuing authority to reorganize his office, cannot serve as basis Office of the President to any other Department/Agency or vice versa.||| To for the creation of a truth commission considering the aforesaid provision merely say that the PTC is borne out of a restructuring of the Office of the President uses verbs such as "reorganize," "transfer," "consolidate," "merge," and "abolish." under Section 31 is a misplaced supposition, even in the plainest meaning Insofar as it vests in the President the plenary power to reorganize the Office of attributable to the term "restructure" — an "alteration of an existing the President to the extent of creating a public office, Section 31 is inconsistent structure." Evidently, the PTC was not part of the structure of the Office of with the principle of separation of powers enshrined in the Constitution and must the President prior to the enactment of Executive Order No. 1. As held in be deemed repealed upon the effectivity thereof. Buklod ng Kawaning EIIB v. Hon. Executive Secretary, aIAHC
But of course, the list of legal basis authorizing the Petitioners-legislators argument: the creation of a public office lies within the President to reorganize any department or agency in the province of Congress and not with the executive branch of government. They executive branch does not have to end here. We must not lose maintain that the delegated authority of the President to reorganize under sight of the very source of the power — that which constitutes Section 31 of the Revised Administrative Code: 1) does not permit the an express grant of power. Under Section 31, Book III of President to create a public office, much less a truth commission; 2) is limited Executive Order No. 292 (otherwise known as the to the reorganization of the administrative structure of the Office of the Administrative Code of 1987), "the President, subject to the President; 3) is limited to the restructuring of the internal organs of the Office policy in the Executive Office and in order to achieve of the President Proper, transfer of functions and transfer of agencies; and 4) simplicity, economy and efficiency, shall have the continuing only to achieve simplicity, economy and efficiency. Such continuing authority authority to reorganize the administrative structure of the of the President to reorganize his office is limited, and by issuing Executive Office of the President." For this purpose, he may transfer the Order No. 1, the President overstepped the limits of this delegated authority.||| functions of other Departments or Agencies to the Office of the President. In Canonizado v. Aguirre [323 SCRA 312 (2000)], we ruled that reorganization "involves the reduction OSG’s counter-argument: The OSG counters that there is nothing exclusively of personnel, consolidation of offices, or abolition thereof by legislative about the creation by the President of a fact-finding body such as a reason of economy or redundancy of functions." It takes place truth commission. Pointing to numerous offices created by past presidents, it when there is an alteration of the existing structure of argues that the authority of the President to create public offices within the government offices or units therein, including the lines of Office of the President Proper has long been recognized. According to the OSG, control, authority and responsibility between them. The EIIB is the Executive, just like the other two branches of government, possesses the a bureau attached to the Department of Finance. It falls under inherent authority to create fact-finding committees to assist it in the the Office of the President. Hence, it is subject to the performance of its constitutionally mandated functions and in the exercise of President's continuing authority to reorganize. [Emphasis its administrative functions. This power, as the OSG explains it, is but an Supplied] adjunct of the plenary powers wielded by the President under Section 1 and his power of control under Section 17, both of Article VII of the Constitution.| In the same vein, the creation of the PTC is not justified by the President's power of control. 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.