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PART I. GENERAL CONCEPTS ADMIN - Coggle Diagram

- - - - (3) Local Government
        refers to the political subdivisions established by or in accordance with the Constitution.
        
        (4) Agency of the Government
        refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein.
        
        (5) National Agency
        refers to a unit of the National Government.
        
        (6) Local Agency
        refers to a local government or a distinct unit therein.
        
        (7) Department
        refers to an executive department created by law.
        For purposes of Book IV, this shall include any instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.
        
        (8) Bureau
        refers to any principal subdivision or unit of any department.
        For purposes of Book IV, this shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices.
        
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        (9) Office
        
        refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices.
        
        It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation.
        
        (10) Instrumentality
        refers to any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter.
        This term includes regulatory agencies, chartered institutions and government-owned or controlled corporations.
        
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    - - RESTRAINING ORDERS AND INJUNCTIONS CANNOT BE ISSUED TO NATURAL RESOURCE DEVELOPMENT PROJECT OR PUBLIC UTLITIES
        The prohibition in PD 1818 does not apply to the controversy at hand. (No Court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction, or preliminary [on an]
        infrastructure project, or a mining, fishery, forest or other natural resource development project of the government, or any public utility operated by the government).
    - - TRANSFER OF REGIONAL CENTER INCLUDED IN POWER TO REORGANIZE
        As for the transfer of the regional center, this is deemed included in the power to reorganize.
- - - - IMPLIED REPEAL
        On the other hand, an implied repeal is when a latter statute clearly reveals a legislative intent to abrogate a prior act on the same subject. There are two categories of an implied repeal -
        
        SUBSTITUTE = COVERS WHOLE SUBJECT
        (2) if the latter act covers the whole subject of the earlier one and is clearly intended to be a substitute.
        
        IN PARI MATERIA ALONE NOT SUFFICIENT
        The [mere] fact that a latter enactment may relate to the same subject matter as in the case at bar is not in itself sufficient to lead to the conclusion that there is an implied repeal since the new statute may merely be cumulative or a continuation of the old one.
        
        NOT FAVORED BY THE COURTS
        Lastly, implied repeals are generally not favored by the courts.
        
        IRRECONCILABLE CONFLICT
        (1) where the provisions in the two acts on the same subject matter are in irreconcilable conflict
        
        REQUISITE: IN PARI MATERIA + INCONSISTENT AND CANT BE HARMONIZED
        Implied repeal by irreconcilable inconsistency takes place when the two statutes cover the same subject matter and are so clearly inconsistent and incompatible with one another that they cannot be harmonized. Thus, both cannot be given effect as the enforcement of one law would nullify the other.
      - EXPRESS REPEAL:SPECIFIC
        An express repeal is a declaration in the statute that a particular and specific [provision] is repealed.
        
        GENERAL REPEAL: NOT EXPRESS REPEAL
        Although there is a repealing clause in the Administrative Code of 1987 under Sec. 27, this is not an express repeal, but rather a general repeal, since it did not identify or designate the act or acts that the legislature intended to be repealed.
- - - - EXCEPTION: CABINET MEMBERS
        ONLY BY CONSTI
        The exception to this are Cabinet members, their deputies and their assistants who may only do so when they are expressly authorized by the Constitution itself.
- - - - CONTROL = SUPERVISING + ENFORCEMENT OF LAWS
        The president also has the duty of supervising and enforcement of laws for the maintenance of general peace and public order.