QuestionsQuestions (OP EXECUTIVE ORDER NO. 346)
EO 346 cites Section 31(3), Chapter 10, Title III, Book III of the Administrative Code of 1987, which authorizes the President to transfer any agency under the Office of the President to any other department or agency.
The IPO is transferred from the Office of the Executive Secretary.
After EO 346, the IPO is attached to the Department of Trade and Industry (DTI).
To facilitate coordination of policies and programs between the IPO and other agencies, by placing the IPO under the DTI.
It describes DTI as the primary coordinative, promotive, facilitative, and regulatory arm of the Executive Branch in the area of trade, industry, and investment.
Section 2 provides that all orders, issuances, rules, and regulations or parts thereof inconsistent with EO 346 are repealed or modified accordingly.
Section 3 states that it shall take effect immediately.
Identify the delegated authority of the President under the Administrative Code and verify whether the agency is properly within the President’s power to transfer (i.e., under the Office of the President).
The EO states the IPO is “transferred” and “attached” to DTI. In statutory interpretation, “attached to” generally means the agency remains distinct but under administrative relationship with the department.
It is an Executive Order. Executive Orders have the force of law when issued under valid authority; the basis (Administrative Code delegation) supports its enforceability.
It supports the rationale that IPO functions are closely linked to economic and trade policy coordination, hence the need for placement under DTI.
Section 2.
The recitals—particularly the clause stating that it is necessary to facilitate coordination of policies and programs between these agencies by placing the IPO under DTI.
It signals that the President is acting under delegated legal authority; in this case, EO 346 specifically points to the Administrative Code provision.
It addresses conflicts by repealing or modifying prior issuances that are inconsistent with the new transfer arrangement.
It is adopted on 09 August 2004.
It was signed by President Gloria Macapagal-Arroyo; the Executive Secretary, Alberto G. Romulo, signed as indicated by the “By the President” line and signature block.