The difference between Executive Issuance and Republic Act (R.A.) - PH Trending

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Wednesday, 6 July 2016

The difference between Executive Issuance and Republic Act (R.A.)

REPUBLIC ACTS

A Republic Act is a piece of legislation used to create policy in order to carry out the principles of the Constitution. It is crafted and passed by the Congress of the Philippines and approved by the President of Philippines. It can only be repealed by a similar act of Congress. 


                For example is one of latest Republic Act No. 10864 lapsed into law on June 10, 2016: An act defining raw sugar or raw cane sugar, amending section 109(A) and (F) of the National Internal Revenue Code of 1997, as amended, and for other purposes...

Executive Issuance, Orders and Decrees Differences with given example.

EXECUTIVE ORDERS

“Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.” Administrative Code of 1987, Book III, Chapter 2, Section 2.
                For example, Executive order No. 206, s.2016. Signed on May 20, 2016: Adopting the policy on ensuring sustainable renewable energy resource management and mandating the Department of Energy (DOE) to lead in its implementation

EXECUTIVE ISSUANCES

Acts of the Chief Executive of the Philippines, whether in the exercise of the executive power or broader powers conferred by emergency or at particular periods.

PROCLAMATIONS

“Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order.” Administrative Code of 1987, Book III, Chapter 2, Section 4
                For instance, Proclamation No. 1299,s.2016, signed on June 16, 2016: Declaring Monday, 20 June 2016, as a special (non-working) day in the City of Laoag, Ilocos Norte
ADMINISTRATIVE ORDERS
“Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.” Administrative Code of 1987, Book III, Chapter 2, Section 3
                For instance, Administrative Order No. 49, s.2016 signed on May 12, 2016.

PRESIDENTIAL DECREES

Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the proclamation of Martial Law. They served to arrogate unto the Chief Executive the lawmaking powers of Congress. Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C. Aquino recognized the validity of existing Presidential Decrees unless otherwise repealed.
                For example, Presidential Decree No. 2036, s.1986, signed on February 20, 1986: Creating the Commission on Human Rights of the Philippines and defining its powers and functions

SPECIAL ORDERS

“Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.” Administrative Code of 1987, Book III, Chapter 2, Section 7
                For example, Special Order No. 514, s. 2014, signed on November 26, 2014: Creating the Information and Communications Technology Task-Force in the Office of the President

NATIONAL EMERGENCY MEMORANDUM ORDERS

Memorandum orders issued by President Corazon C. Aquino during national emergencies.
                For example is the National  Emergency  Memorandum Order  No. 31, s.1990, signed on May 22, 1990: Modifying the rates of import duty on gas oils and kerosene including kerosene type jet fuel under section 104 of Presidential Decree No. 1464, otherwise known as the Tariff and Customs Code of 1978, as amended…

GENERAL ORDERS

“Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.” Administrative Code of 1987, Book III, Chapter 2, Section 7
                For example is the General Order No. 11, s. 2009, signed on December 4, 2009: Directing the Armed Forces of the Philippines and the Philippine National Police to prevent and suppress lawless violence and acts of rebellion in the Province of Maguindanao (except for certain areas) pursuant to Proclamation No. 1959 dated 4 December 2009

MEMORANDA

For example is the Memorandum from the President calling on government employees to actively support  the peace process. Signed on February 4, 2011: My fellow workers in government, for decades our country has been mired in violent encounters. These armed conflicts have already given rise to much sorrow, fear, division, and ill will toward our fellow Filipinos. We know that we cannot go on as one country until we achieve peace.

MEMORANDUM CIRCULARS

“Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars.” Administrative Code of 1987, Book III, Chapter 2, Section 6
                For example is the Memorandum Circular  No. 95, s. 2016, signed on May 16, 2016: Amending the Composition of the Board of Administrators of the Intramuros Administration…

MEMORANDUM ORDERS

“Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders.” Administrative Code of 1987, Book III, Chapter 2, Section 5
                For example is the Memorandum Order No. 90, s.  2016, signed on April 8, 2016: Directing the Abolition of the Armed Forces of the Philippines-Retirement and Separation Benefit System (AFP-RSBS), Privatization of its subsidiaries, and for other purposes…

What do you mean by VETO Message?

VETO MESSAGE

Messages of the President of the Philippines expressing veto on legislative bills, pursuant to Article VI, Section 21 (1) of the Constitution. An exercise of veto power stops the enactment of a bill and returns it to the house of Congress where it originated.
                For example is the Veto message of President Aquino on the SSS Additional  Benefits Bill. While we recognize the objective of the bill to promote the well-being of the country’s private sector retirees, we cannot support the bill in its present form because of its dire financial consequences.

Sources:
Official Gazette of the Republic of the Philippines

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