Legal basis for reorganization
- The transfer is grounded on the President’s control over executive departments, bureaus, and offices under Section 1, Chapter 1, Title I, Book III of Executive Order No. 292 (Administrative Code of 1987), as recognized in the Whereas clauses.
- The President’s continuing authority to reorganize the administrative structure of the Office of the President is anchored on Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, as recognized in the Whereas clauses.
- The President acts “by virtue of the powers vested in me by law” under the opening “NOW, THEREFORE” clause.
Transfer of SEC to Department of Finance
- Section 1 transfers the Securities and Exchange Commission (SEC) from the Office of the President to the Department of Finance (DOF).
- The transfer reallocates administrative placement; the SEC becomes under DOF for administrative supervision as directed in Section 2.
DOF administrative supervision and policy functions
- Section 2 requires the DOF to assume administrative supervision over the SEC.
- Section 2 specifies that this administrative supervision includes, among other matters, the formulation of capital market development policies.
- Section 2 also includes the formulation of savings mobilization policies.
- Section 2 requires that the DOF’s policies be consistent with Section 38, Chapter 7, Title III, Book IV of the Administrative Code of 1987.
Severability and constitutional limits
- Section 3 provides severability: any portion or provision that may be declared unconstitutional does not nullify the other portions or provisions.
- Section 3 requires continued effectiveness of remaining parts as long as they can still subsist and be given effect.
Revocation of inconsistent rules
- Section 4 revokes or modifies executive rules, regulations, and other issuances (or parts thereof) that are inconsistent with the Executive Order.
- Section 4 mandates revocation or modification accordingly for consistency with the Executive Order’s provisions.