Republic of the Philippines

Department of Environment and Natural Resources

Office of the Regional Executive Director
Regional Office XI, Km. 7, Lanang, Davao City, 8000 Philippines
Telephone Nos. (082) 2340811/2332779/2345599
Email:oredenrxi@yahoo.com.ph Website:r11.denr.gov.ph

MEMORANDUM

TO : The OIC, Chief of Legal Division

DENR XI, Km. 7, Lanang, Davao City

FROM : Atty. Jaralliese S. Geonzon

Attorney II

SUBJECT : IN RE: COMMENT ON THE ADMINISTRATIVE ORDER NO. 30

BY THE PRESIDENT OF THE PHILIPPINES. DIRECTING ALL
GOVERNMENT OFFICES TO FORMULATE AND ISSUE
GUIDELINES ON THE INTERRUPTION OF PERIODS FOR THE
FILING OF DOCUMENTS, PAYMENTS OF TAXES, CHARGES
AND OTHER FEES, AND CANCELLATION OF PROCEEDINGS
BEFORE THEIR RESPECTIVE OFFICES, AND ON THE
MOVEMENT OF TIMELINESS FOR THE RELEASE OF
BENEFITS

DATE :

In relation to the above administrative order no. 30 series of 2020,

herein undersigned is submitting this opinion specifically touching certain
aspects of the said administrative order.

In applying the law on separation of powers which state that “it is the
duty of the legislature to make the law; of the executive to execute the law;
and of the judiciary to construe the law.”

Based on such powers, it may warrant the invalidity of such

administrative order dictating on the interruption of the reglamentary
periods for the commencement of actions and claims, the filing of pleadings,
appearances, motions, notices and all other papers; and the rendition of
judgments, resolutions and orders relating to the exclusive power of the
Supreme Court.

To point out, under Article VIII (5) of the 1987 Constitution on the
exclusive powers of the Supreme Court: Promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the integrated
bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

Therefore, in so as far as our administrative rules of procedure as a

quasi- judicial body, we are strictly bound by the rule making power of the
Supreme Court and may not be easily be subject of change by a mere
administrative order of the President under the Constitution.

In another point, under section 49(z) of RA No. 11469 provides that

the president shall have the power to move statutory deadlines and
timeliness for the filing and submission of documents. The documents
referred here can safely be interpreted as documents pertaining to the
government administrative operations only affecting the executive
department and not the pleading or any processes falling under the power of
the Supreme Court.

In fact, under the law, a grant of power excludes greater power. The
principle states that the grant of power includes all incidental powers
necessary to make the exercise thereof effective implies the exclusion of
those which are greater than that conferred. Thus, the grant of power to
move statutory deadlines and timeliness for the filing and submission of
documents in favor of the President does not refer to documents such as
pleading, practice, and procedure in all courts, as well as in special courts
and quasi-judicial bodies, however may be limited only to the documents of
the administrative or executive offices.

Also, when we define an administrative order, these only refer to acts

of the President which relate to particular aspect of governmental operations
in pursuance of his duties as administrative head. Thus being the
President he is not allowed to touch on matters beyond his scope of
jurisdiction.

For your perusal and information.

ATTY. JARALLIESE S. GEONZON

Attorney II