This case has been cited 5 times or more.
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2012-07-24 |
PERLAS-BERNABE, J. |
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| In the chief executive dwell the powers to run government. Placed upon him is the power to recommend the budget necessary for the operation of the Government,[16] which implies that he has the necessary authority to evaluate and determine the structure that each government agency in the executive department would need to operate in the most economical and efficient manner.[17] Hence, the express recognition under Section 78 of R.A. 9970 or the General Appropriations Act of 2010 of the President's authority to "direct changes in the organizational units or key positions in any department or agency." The aforecited provision, often and consistently included in the general appropriations laws, recognizes the extent of the President's power to reorganize the executive offices and agencies under him, which is, "even to the extent of modifying and realigning appropriations for that purpose."[18] | |||||
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2010-12-07 |
MENDOZA, J. |
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| The OSG also cites the recent case of Banda v. Ermita,[44] where it was held that the President has the power to reorganize the offices and agencies in the executive department in line with his constitutionally granted power of control and by virtue of a valid delegation of the legislative power to reorganize executive offices under existing statutes. | |||||
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2010-12-07 |
MENDOZA, J. |
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| 1] E.O. No. 1 does not arrogate the powers of Congress to create a public office because the President's executive power and power of control necessarily include the inherent power to conduct investigations to ensure that laws are faithfully executed and that, in any event, the Constitution, Revised Administrative Code of 1987 (E.O. No. 292), [15] Presidential Decree (P.D.) No. 1416[16] (as amended by P.D. No. 1772), R.A. No. 9970,[17] and settled jurisprudence that authorize the President to create or form such bodies. | |||||
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2010-12-07 |
MENDOZA, J. |
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| The Court is not unaware that "mere underinclusiveness is not fatal to the validity of a law under the equal protection clause."[98] "Legislation is not unconstitutional merely because it is not all-embracing and does not include all the evils within its reach."[99] It has been written that a regulation challenged under the equal protection clause is not devoid of a rational predicate simply because it happens to be incomplete.[100] In several instances, the underinclusiveness was not considered a valid reason to strike down a law or regulation where the purpose can be attained in future legislations or regulations. These cases refer to the "step by step" process.[101] "With regard to equal protection claims, a legislature does not run the risk of losing the entire remedial scheme simply because it fails, through inadvertence or otherwise, to cover every evil that might conceivably have been attacked."[102] | |||||
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2010-12-07 |
MENDOZA, J. |
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| The Court disagrees with the OSG in questioning the legal standing of the petitioners-legislators to assail Executive Order No. 1. Evidently, their petition primarily invokes usurpation of the power of the Congress as a body to which they belong as members. This certainly justifies their resolve to take the cudgels for Congress as an institution and present the complaints on the usurpation of their power and rights as members of the legislature before the Court. As held in Philippine Constitution Association v. Enriquez,[21] | |||||