Title
Exec Sec acts for DILG Secretary post-Robredo
Law
Memorandum Order No. 48
Decision Date
Aug 23, 2012
In the absence of a Secretary of the Interior and Local Government, President Aquino grants the Executive Secretary the authority to oversee and manage the operations of the department, ensuring its continuity and effective service delivery to the public.
A

Legal basis and presidential authority

  • The President acts under powers vested by the Constitution and by law in issuing Memorandum Order No. 48.
  • Executive Order No. 292 (1987) (Administrative Code) recognizes that the President’s power of control over executive departments includes authority to act directly when a specific function is entrusted by law or regulation to a subordinate.
  • The Executive Secretary’s duties under the Administrative Code include directly assisting the President in managing government affairs and performing functions the President may direct.

Triggering vacancy and purpose

  • Memorandum Order No. 48 responds to a sudden vacancy in the position of Secretary of the Interior and Local Government caused by the death of Honorable Jesse M. Robredo.
  • Memorandum Order No. 48 ensures continuity of DILG governance through temporary assumption of additional duties by the Executive Secretary.

Who is authorized; what department is covered

  • The President authorizes Executive Secretary Paquito N. Ochoa, Jr. to temporarily perform additional DILG duties.
  • The authorization pertains specifically to the Department of the Interior and Local Government (DILG).
  • The authorization extends to DILG bureaus, offices, agencies, and corporations that fall under the DILG structure.
  • The Executive Secretary acts under this authorization effective until the relevant appointment or designation occurs for the Secretary of the DILG.

Temporary DILG powers granted

  • The Executive Secretary must establish appropriate policies and standards for the effective and efficient operations of the DILG.
  • The Executive Secretary must promulgate policies, rules, and regulations necessary to carry out the goals and objectives of the DILG.
  • The Executive Secretary must exercise supervision and control over all offices within the DILG.
  • The Executive Secretary must exercise jurisdiction over all bureaus, offices, agencies and corporations under the DILG, in accordance with the applicable relationship between those entities and the DILG—specifically including supervision and control, administrative supervision, or attachment.
  • The Executive Secretary may delegate duties, powers and authority to officers in the DILG when necessary.
  • The Executive Secretary must appoint officers and employees of the DILG.

Additional presidential-directed functions

  • The Executive Secretary must perform such other functions pertaining to the DILG and its bureaus, offices, agencies, and corporations as may be directed by the President.
  • The Executive Secretary performs the above in a temporary capacity while the DILG head position remains unresolved due to the vacancy.

Issuance and signatories

  • Memorandum Order No. 48 is signed by Benigno S. Aquino III, President of the Philippines.
  • It is attested/processed “By the President” with the signature of Michael G. Aguinaldo, Deputy Executive Secretary for Legal Affairs.

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