Palace asks SC to junk Pichay's petition vs EO 13

Malacañang has asked the Supreme Court to dismiss Local Water Utilities Administration (LWUA) chair and former Surigao del Sur Rep. Prospero Pichay's petition which sought to nullify President Benigno Aquino III's executive order that abolished the Presidential Anti-Graft Commission (PAGC). In a 35-page comment on Pichay's petition, government lawyers from the Office of the Solicitor General said that Aquino's Executive Order No. 13 — which abolished PAGC to pave the way for the creation of Office of the Deputy Executive Secretary for Legal Affairs (ODESLA) — is valid and did not violate the 1987 Constitution. Pichay had argued that Aquino's creation of the new office violated the 1987 Constitution by encroaching upon Congress’ power to create and appropriate funds to a new public office. But in its comment, respondents ODESLA, Executive Secretary Paquito Ochoa Jr., and Finance Secretary Cesar Purisima said that President Aquino has the power to create the new office. "Control is said to be the very heart of the power of the presidency. This has been defined as the power to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the President over that of the subordinate officer. The power of control gives the President the power to revise or reverse the acts or decisions of a subordinate officer involving the exercise of discretion," said the respondents. The ODESLA is investigating the administrative complaint that Purisima filed against Pichay in connection with LWUA's allegedly anomalous acquisition of the bankrupt Laguna-based Express Savings Bank, Inc. (EXSBI). A criminal complaint stemming from the same issue is filed with the Department of Justice. In his petition, Pichay said the creation of ODESLA encroaches upon the Office of the Ombudsman's power to investigate. But the respondents said that Aquino also has the power to appoint and discipline those in the Executive branch of government, as provided by Section 16, Article VII of the Charter. "The power to discipline, in turn, includes the power to investigate, and to create investigating bodies. The President's power to conduct investigations to ensure that laws are faithfully executed is well-recognized," the comment read. Citing Section 31 of the Administrative Code of 1987, the respondents argued that the President "has the residual power to reorganize the offices under him." In this case, they argued that Aquino has the power to abolish PAGC and transfer its powers to ODESLA. "Reorganization involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. It takes place when there is an alteration of the existing structure of government offices or units therein, including the lines of control, authority, and responsibility between them," said the respondents. They also said that contrary to Pichay's arguments, ODESLA does not carry quasi-judicial functions because it merely has fact-finding and recommendatory powers. — RSJ, GMA News