QuestionsQuestions (EXECUTIVE ORDER NO. 345)
EO No. 345 cites (1) the President’s continuing authority to reorganize the administrative structure of the Office of the President under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, and (2) the President’s general powers vested by law.
Executive Order No. 345 transferred the Philippine International Trading Corporation (PITC) from the Department of Trade and Industry (DTI) to the Office of the President.
EO No. 345 states that under Section 15(4), Chapter 7, Title X, Book IV of the Administrative Code of 1987, PITC is classified as a line corporate agency and government entity under the DTI, under the supervision of the Undersecretary for International Trade.
Section 1 (Transfer) contains the operative command. It provides that PITC is transferred from the DTI to the Office of the President.
Section 2 (Repealing Clause) revokes, amends, or modifies all previous executive issuances, rules, regulations, or parts thereof that are inconsistent with EO No. 345.
Under Section 3 (Effectivity), EO No. 345 takes effect immediately.
The recitals justify the transfer by explaining the need for closer monitoring and oversight to ensure effective implementation of the President’s 10-Point Legacy.
EO No. 345 mentions Executive Order No. 326 (July 9, 2004), which reorganized the Governing Board of PITC for greater coordination and supervision.
To establish authority for the President to reorganize the administrative structure of the Office of the President, which supports the transfer arrangement effected by EO No. 345.
Although EO No. 345 directly orders a transfer of PITC, it is justified as part of the President’s authority to reorganize the administrative structure under the Office of the President.
EO No. 345 states PITC was created by Presidential Decree No. 252 (s. 1973), as amended.
This is stated in the recitals, particularly the paragraph explaining the need to transfer PITC from the DTI to the Office of the President to closely monitor and oversee efficient implementation.
After the transfer, PITC is no longer under the DTI but becomes part of the administrative structure under the Office of the President, subject to whatever new supervision/oversight arrangements are provided by subsequent issuances or governing rules.
The key principle is legality of executive action: the President must act within delegated authority. EO No. 345 emphasizes statutory authority under the Administrative Code, showing that reorganization must have legal basis.
Based on EO No. 345, no amendment to the Administrative Code is indicated. The order relies on the President’s authority to reorganize administrative structures (per the cited Administrative Code provision) and uses the repealing clause to address inconsistent issuances.
Students should check: (1) whether the President has express or implied delegated authority for reorganization; (2) whether the transferred entity’s classification and supervision can legally be restructured; (3) whether prior inconsistent issuances are properly addressed by the repealing clause.