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MEMORANDUM ORDER NO. 152
[ MEMORANDUM ORDER NO. 152, November 14, 2006 ]
AMENDING MEMORANDUM ORDER NO. 143, DATED JULY 9, 2004 AND DELINEATING THE DUTIES AND FUNCTIONS OF CERTAIN OFFICIALS IN THE OFFICE OF THE PRESIDENT
WHEREAS, Section 16, Article lll of the 1987 Constitution guarantees the right of all persons to a speedy disposition of cases before all judicial, quasi-judicial and administrative bodies. WHEREAS, in the interest of public service and in order to establish clear lines of authority to promote efficiency and proper coordination of work for the speedy and immediate resolution and disposition of cases appealed to the Office of the President, there is a need for a mechanism that will coordinate operations, systems and processes involved therein and to delineate the duties and functions of senior legal officials in the Executive Office, Office of the President; WHEREAS, the President needs the service of legal counsel to advice her on matters she has to sign or to decide on, or to draft legal orders she desires to issue; NOW, THEREFORE I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines with legal assistance on matters requiring her action, including matters pertaining to legislation. SECTION 1. The Chief Presidential Legal Counsel (CPLC) shall advise and provide the President with legal assistance on matters requiring her action, including matters pertaining to legislation. The CPLC shall have the following duties and functions:
- Exercise administrative supervision over the-Office of the CPLC;
- Review and/or draft legal orders referred to her by the President on the following matters that are subject of decisions of the President;
- Executive Orders, proclamations, administrative orders, memorandum orders, and other legal documents initiated by the President;
- Decisions on investigation involving Cabinet Secretaries, agency heads, or Presidential appointees with the rank of Secretary conducted by the Presidential Anti—Graft Commission (PAGC);
- Perform such other duties and functions as the President may assign from time to time, or as may be provided by an appropriate issuance or directive.
- Exercise administrative supervision over the Legal Office in the Office of the President under the management of the Deputy Executive Secretary for Legal Affairs (DESLA);
- Review and/or draft decisions for the consideration and approval of the Executive Secretary and/or the President on the following matters elevated to the Office of the President for review and final administrative resolution;
- Decisions resolving appeals from Orders, Resolutions or actions, or resolutions of departments, agencies, or offices before the Office of the President; and
- Decisions on administrative investigations of employees or officials from the rank of assistant bureau director and above, excluding administrative investigations involving Cabinet Secretaries, agency heads, or Presidential appointees with the rank of Secretary conducted by the PAGC.
- Senior Deputy Executive Secretary Waldo Q. Flores;
- Deputy Executive Secretary for Legal Affairs Manuel B. Gaite;
- Undersecretary Enrique D. Perez
- Affirming in toto the decisions, resolution, or orders of the departments, agencies or offices;
- Denying dismissing motions for reconsideration of previous Office of the President decisions, resolutions and order which affirmed in toto the decisions, resolutions, or orders of the departments, agencies or offices;
- Dismissing appeals filed out of time;
- Dismissing appeals on matters over which the Office of the President has no jurisdiction;
- Dismissing appeals on the mutual agreement of the parties;
- Referring appeals and motions for reconsideration for mediation;
- Declaring a decision, resolution or order in an appealed case as final and executory and/or remanding the records of the case to the relevant department, agency or office; and
- Approving the withdrawal of an appeal.
- Grant of, suspension, cancellation or modification of licenses, permits and other privileges
- Decisions reversing or modifying the decisions, resolutions or orders of Department Secretaries; and
- Other matters that, in the judgement of the CPLC, take on a sensitive and/or strategic nature because current events give them a high profile.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary