Anda di halaman 1dari 2

LEGAL SERVICES Upon the recommendation of representatives from the Office of the Deputy Executive Secretary for Legal

Affairs (ODESLA), the Legal Office (LO), and the Discipline Office (DO) during the Workshop held last August 15, 2012, it was agreed that Quasi-Judicial or Adjudicatory Services be included as one of the Major Final Outputs of the Office of the President. Further discourse with members of the Executive Committee and the Deputy Executive Secretary for Legal Affairs, however, settled with the term Legal Services, to cover its major functions namely, the preparation of Decisions/Resolutions/Orders on cases brought on appeal to the Office of the President; the preparation of memoranda, legal opinions and other action documents in response to request from other departments, other offices within OP and even from private individuals; and the investigation and adjudication of complaints against presidential appointees. This is in line with the definition of a Major Final Output as a good or service that a department is mandated to deliver to external clients through the implementation of programs, activities and projects. Legal basis of this mandate is the power of control of the President over all the executive departments, bureaus or offices as enshrined in Section 17, Article VII of the Constitution and reiterated in Section 1, Chapter I, Title I, Book III of Executive Order No. 292. Such power of control was construed to include the power to reverse, revise or modify the decisions of executive offices or substitute his own to that of a subordinate or even make the decision himself without awaiting for the action of his subordinate. (Drilon v. Lim, 235 SCRA 135). On November 15, 2010, pursuant to Executive Order No. 13, the investigation, adjudicatory and recommendatory functions of the former Presidential Anti-Graft Commission (PAGC) was transferred to the ODESLA.

ADJUDICATORY FUNCTIONS

Upon the recommendation of representatives from the Office of the Deputy Executive Secretary for Legal Affairs, the Legal Office, and the Discipline Office during the Workshop held last August 15, 2012, it was agreed that Adjudicatory Services be included as one of the Major Final Outputs of the Office of the President. This is in line with the definition of a Major Final Output as a good or service that a department is mandated to deliver to external clients through the implementation of programs, activities and projects. This is premised on the view that the President/Office of the President is clothed with adjudicatory functions, pursuant to the power of control of the President over all the executive departments, bureaus or offices as enshrined in Section 17, Article VII of the Constitution and reiterated in Section 1, Chapter I, Title I, Book III of Executive Order No. 292. Such power of control was construed to include the power to reverse, revise or modify the decisions of executive offices or substitute his own to that of a subordinate or even make the decision himself without awaiting for the action of his subordinate. (Drilon v. Lim, 235 SCRA 135). It is opined that the President exercises his quasi-judicial or administrative adjudicatory powers through the Office of the President, hence when we refer to this power, the terms Office of the President and the President are used interchangeably or refers to one and the same. The Local Government Code (RA 7160) and the Comprehensive Agrarian Reform Law, to name a few, refer to appeals to the Office of the President. Even the Rules of Court (Section 33 thereof) names the Office of the President as among the agencies with quasi-judicial functions whose decisions are appealable to the Court of Appeals. The Legal Office and the Discipline Office in carrying out this function, investigate/ascertain the existence of facts, hold hearings, weigh evidence and draw conclusions from them as a basis for their official action. The Decisions/Resolutions/Orders prepared by these offices are signed by the Executive Secretary and the Deputy Executive Secretary for Legal Affairs, and are not necessarily subject to the review of the President.