Repeal of Administrative Code of 1978

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EXECUTIVE ORDER NO. 168: Repeal of Administrative Code of 1978

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Title Supreme Court: Repeal of Administrative Code of 1978

Law: Executive Order No. 168

Decision Date: May 8, 1987

President Corazon C. Aquino issues Executive Order No. 168 to repeal Presidential Decree No. 1587, which was never implemented and has become obsolete, in order to avoid confusion and ensure it does not become effective.

government organizational structure

legal publication

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Background and Rationale for Repeal

The Decree was signed by former President Marcos on June 11, 1978, but was never implemented due to non-release orders.
It remains unpublished in the Official Gazette, making it arguably without legal effect.
Many provisions of the Decree pertain to government organizational structure and functions which have since become obsolete.
The repeal aims to remove any ambiguity regarding the legal status of the Decree.

Legal Basis for Publication and Effectivity

Article 2 of the New Civil Code requires the publication of laws for their effectivity.
The Supreme Court ruling in Tanada, et al. vs. Tuvera, et al. mandates that laws must be published in the Official Gazette to take legal effect.
Given that Presidential Decree No. 1587 was unpublished, it lacks legal force.

Effectivity and Formal Execution

The Executive Order takes effect immediately upon issuance.
It was signed by President Corazon C. Aquino on May 5, 1987, in Manila.
The Executive Secretary Joker P. Arroyo attested to the order.

Importance of Express Repeal

The express repeal ensures the Decree cannot be inadvertently given effect through future publication.
It promotes clarity and legal certainty regarding the status of obsolete or unpublished presidential decrees.
The repeal supports ongoing efforts to reform and update the government’s administrative framework consistent with the current legal and constitutional order.

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