Maza's arguments against NAPC's transfer ‘ill-founded’ – Palace

Malacañang on Saturday fired back at resigned National Anti-Poverty Commission (NAPC) Lead Convenor Liza Maza, who had argued that the transferred of the NAPC to the Department of Social Welfare and Development (DSWD) was "illegal."

Through Executive Order (EO) No. 67, President Rodrigo Duterte placed agencies under the Office of the Cabinet Secretary, including the NAPC, under the supervision of the Department of Trade and Industry (DTI), Department of Interior and Local Government (DILG) and the DSWD.

Maza, who took her criticism to Facebook on Friday, said the provision transferring the NAPC to the DSWD was "contrary to RA (Republic Act) 8425 that created the Commission and is therefore illegal."

Maza also characterized EO 67 as a Halloween "horror story" that transferred some agencies under Malacañang’s supervision to departments whose heads were former military officials.

In the case of the DILG, the department was headed by former Armed Forces Chief of Staff Eduardo Año, while the DSWD was headed by former Army chief Rolando Bautista.

‘Misplaced and distorted’

In a statement issued Friday evening, Presidential Spokesperson Salvador Panelo called Maza's  reasoning "ill-founded."

"Ms. Liza Maza persists in her futile contention that Executive Order No. 67 issued by the President is not sanctioned by law," Panelo explained. "This time, she argues that since the National Anti-Poverty Commission (NAPC) was created under the Office of the President (OP) by Republic Act No. 8425, it can no longer be transferred to the Department of Social Welfare and Development (DSWD)."

Panelo countered that the Constitution "expressly vests in the President the power of control over all the executive departments, bureaus, and offices," and this authority included "the capacity of the President to reorganize these departments, bureaus and offices."

He pointed to Section 31 of the Administrative Code which says, "(t)he President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President."

"For this purpose, he may... (t)ransfer any agency under the Office of the President to any other department or agency," the provision added.

Panelo also cited a Supreme Court (SC) case in which a similar argument was raised. In this case, it was argued that the Presidential Commission for the Urban Poor (PCUP) and the National Commission on Indigenous Peoples (NCIP) were created by statutes under the OP, they could only be transformed, merged or attached by statutes, and not by mere executive orders by the President.

The spokesperson said that the High Court was not impressed by the argument, and the SC concluded that the Constitution expressly granted the president the power to carry out reorganization measures under a broad authority of law. — Margaret Claire Layug/DVM, GMA News