Governance Commission for GOCCs

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Legal Opinion on Amending a GOCC created by a Marcos Martial Law Era Executive Order

Requested from GCG by Julius Dalay at 10:16 PM on Sep 04, 2019.
Purpose: Research
Date of Coverage: 09/23/1972 - 09/04/2019
Tracking no: #GCG-266026153280

Julius 10:16 PM, Sep 04, 2019

Hi! I would like to inquire about amending charters of GOCCs created during the Marcos Martial Law era through Executive Orders.

The legal queries are the following:

1. Are these charters/mandates of existing GOCCs which were created via EO of this period possible to be amended by another Executive Order signed by the incumbent president today? This is assuming that it still operates still under that Marcos EO today. (Duterte Administration-onwards)

2. If no in no. 1, what is the exact legal basis for such not to be allowed, given that normally an EO can be amended by another EO?

Thank you
September 19, 2019

Dear Julius Dalay,

Greetings!

Thank you for your request dated Sep 04, 2019 10:16:41 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Legal Opinion on Amending a GOCC created by a Marcos Martial Law Era Executive Order.

Response to your request

While our aim is to provide information whenever possible, in this instance this Office does not have the information you have requested. However, you may wish to contact the Department of Justice, or resubmit your request addressed to the correct agency on the eFOI portal.

For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Chairman Samuel G. Dagpin, Jr. through feedback@gcg.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,
Atty. Marga May Velasco
FOI Officer

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