EXECUTIVE POWERS OF THE PRESIDENT SECTION 6. Memorandum Circulars.

—Acts of the President on

matters relating to internal administration, which the President
 Power of control vs power of supervision desires to bring to the attention of all or some of the departments,
 Residual power agencies, bureaus or offices of the Government, for information or
compliance, shall be embodied in memorandum circulars.
EO 292 – Chapter 7 – Other powers
SECTION 7. General or Special Orders. —Acts and commands of the
SECTION 19. Powers Under the Constitution. —The President shall President in his capacity as Commander-in-Chief of the Armed
exercise such other powers as are provided for in the Constitution. Forces of the Philippines shall be issued as general or special orders.

SECTION 20. Residual Powers. —Unless Congress provides

otherwise, the President shall exercise such other powers and Power of investigation
functions vested in the President which are provided for under the
laws and which are not specifically enumerated above, or which are  Investigatory powers of some agencies are limited to only
not delegated by the President in accordance with law. information gathering as basis to recommend appropriate
action by other government agencies or to focus public
Executive Order No. 292 [BOOK III/Title I/Chapter 2-Ordinance opinion on the matters of vital concern; other agencies are
Power] CHAPTER 2: Ordinance Power granted investigatory powers for prosecution purpose;
SECTION 2. Executive Orders. —Acts of the President providing for others in aid in the exercise of other powers granted them
rules of a general or permanent character in implementation or  Notice and hearing in investigation is part of due process
execution of constitutional or statutory powers shall be  President has the power to order the conduct of
promulgated in executive orders. investigation
SECTION 3. Administrative Orders. —Acts of the President which
relate to particular aspects of governmental operations in SUBPOENA – a process directed to a person requiring him to attend
pursuance of his duties as administrative head shall be promulgated to testify at the hearing or trial of an action or at any investigation
in administrative orders. conducted under the laws of the Philippines or for the taking of his
SECTION 4. Proclamations. —Acts of the President fixing a date or deposition
declaring a status or condition of public moment or interest, upon
the existence of which the operation of a specific law or regulation  SUBPOENA DUCES TECUM – used to compel the production
is made to depend, shall be promulgated in proclamations which of books, records, things or documents therein specified
shall have the force of an executive order.  SUBPOENA AD TESTIFICANDUM – Used to compel person
SECTION 5. Memorandum Orders. —Acts of the President on to testify
matters of administrative detail or of subordinate or temporary
interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.
QUASILEGISLATIVE OR RULEMAKING POWER  Both letters of instructions of executive orders are
presidential issuance; One May repeal or otherwise Alter,
 this is the exercise of delegated legislative power, involving
Modify, or amend other depending on which comes later.
no discretion as to what the law shall be, but merely the
(Philippine Association services exporters versus Torres.225
authority to fix the details in the execution or enforcement
SCRA.417).
of a policy set out in the law itself.
 It may be stressed that the function of promulgating rules
 The power to make rules and regulations which results in
and regulations may be legitimately exercised only for the
delegated legislation that is within the confines of the
purpose of carrying out the provisions of the law into effect
granting statute and the doctrine of non-delegability and
Thus, administrative regulations cannot extend the law or
separation of powers, (Hay So Homeowners Association y
amend a legislative enactment, for settled is the rule that
Secretary Defensor, GR Mo 16390 August 3, 2006)
administrative regulations must be in harmony with the
 Exercised by administrative agencies through the
provisions of the law (Land Bank x Court of Appeals, 249
promulgation of rules and regulations within the confines of
SCRA 144)
the granting statue and the doctrine of non-delegation
 Indeed, administrative issue one must not override, but
certain powers lowing from the separation of the great
must remain consistent with all the law they seek to apply
branches of the government, (Metropolitan Bank and Trust
and implement. They are intended to carry out, not to
Company Inc, vs. National Wages Productivity Commission,
supplement nor to modify the law. (Commissioners of
514 SCRA 346)
Internal Revenue versus Court of Appeals, 240SC, RA 368).
 The statutory grant of Rule-making power to
 It is automatic, that administrative agency like the
administrative agencies is a valid exception to the rule on
Philippine Ports Authority has no discretions whether or not
nor-delegation of legislative power provided two conditions
to implement the law, it is the duty to enforce the law
concur, namely:
tossed if there are there is conflict between PPA circulars
(a) The statue is complete in itself, setting forth the policy
and a law like EO 1088, the latter prevails. (Eastern shipping
to be executed by the agency; and
lines versus Court of Appeals, GR number 11635, six, June
(b) Said statute fixes a standard, mapping out the
29, 1998).
boundaries of the agency’s authority to which it must
conform INTERPRETATIVE REGULATION which purports to do no more than
 Rules and regulations issued by administrative authorities interpret these being advised to say what means
pursuant to the powers delegated to then and have the
LEGISLATIVE REGULATION issued by the administrative body
force and effect of the law; they are binding of all persons
pursuant to valid delegation of legislative power and is intended to
on the subject to them and the courts will take judicial
have the binding force and effect of a law enacted by the legislature
notice to them.
itself.
  Supplementary REQUISITES FOR VALIDITY RULEMAKING POWER
 Contingent
 Issued under authority of law
QUASI-LEGISLATIVE OR RULE-MAKING POWER  Within the scope and purview of the law
 It must be reasonable
LEGISLATIVE REGULATION:
 It must be published
SUPPLEMENTARY-intended to fill in the details of the law and "to
make explicit what is only general", its purpose is to enlarge upon a
statute, subject only to the standards fixed therein, to ensure its
effective enforcement in accordance with the legislative will.

CONTINGENT-issued upon the happening of a certain contingency

which the administrative body is given the discretion to determine
or to "ascertain, under and pursuant to law, some circumstances on
which the law, by its own terms, makes its own action depend, or to
find the facts or conditions properly prescribed under which a law
as passed will or will not operate, that is, for putting in effect,
applying or suspending a law.

DETERMINATION OF VALIDITY OF RULES

LEGISLATIVE RULE:

 Whether the rule relates to the subject matter on which

power to legislate has been delegated
 Whether the rule conforms to the standards prescribed in
the delegatory statute
 Whether the rule is invalid on constitutional grounds, such
as due process.

INTERPRETATIVE RULE:

 Whether the rule correctly interprets the statute

 Whether the rule amounts to an attempt to exercise
legislative powers wit been delegated