DOJ Opinion No. 017, s. 1993

DOJ OPINION NO. 017 , s. 1993 January 27, 1993 Mr. Edsel T. Custodio ITG Coordinator Bureau of International Trade Relations Department of Trade and Industry Senator Gil J. Puyat Avenue Makati, Metro Manila Sir : This refers to your request for this Department's views concerning the issuance of an executive order to implement Philippine commitments under the ASEAN Common Effective Preferential Tariff ("CEPT") scheme. We are informed that Philippine tariff commitments under the ASEAN Preferential Trading Arrangements and the 1987 Protocol have been implemented through a yearly issuance of executive orders; that in the case of the CEPT/AFTA, a 15-year programme is preferred for reasons of "transparent medium-term planning, stability and to eliminate the administrative difficulties attendant to a yearly issuance of an EO"; and that your Office is in the process of drafting a "15-year executive order covering the tariff reduction commitment of the Philippines on 4,484 tariff lines". LLphil Opinion is now sought, we take it, on the legal feasibility of issuing a single EO to implement the 15-year tariff reduction program. We are not aware of any constitutional or statutory provision fixing in general a limit on the duration of executive orders to be issued by the President of the Philippines. An executive order is a presidential act providing for rules of a general or permanent character in the implementation or execution of his constitutional or statutory powers (Sec. 2, Chap. 1, Title 1, Book III, E.O. 292). It is believed therefore that for as long as the constitutional or statutory power in the exercise of which an EO is issued remains valid and subsisting, the period of effectivity for such an EO lies within the discretion of the President. What is more, EOs provide rules of conduct of a general and permanent character, hence such issuances are usually operational for long periods of time or even continuously remain in force until otherwise repealed or superseded. Based upon the foregoing, we find no legal impediment to the issuance of an executive order of a 15-year duration as long as the Agreement on CEPT/AFTA which the said EO seeks to implement remain effective for that period of time. Please be advised accordingly Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary