[29] Domingo v. Zamora 3. Petitioners were among the reassigned personnel.
They argue that the
G.R. No. 142283 | February 6, 2003 | Executive Power of Reorganization | Vica EO is unconstitutional for violating the principle of separation of
Petitioner: ROSA LIGAYA C. DOMINGO, ROMEO M. FERNANDEZ, VICTORIA S. powers-- as it constitutes undue legislation by Pres. Estrada-- and their
ESTRADA, JULIETA C. FAJARDO, ADELAIDA B. GAWIRAN, MARCIANO M. SERVO, right to security of tenure.
VICTORIA S. DAOANG, FELICIANO N. TOLEDO III, JAYNELYN D. FLORES, MA. LIZA 4. During the pendency of the case, RA No. 9155,6 which expressly
B. LLOREN, ROMELIA A. CONTAPAY, MARIVIC B. TOLITOL, PAZ LEVITA G. abolished the BPESS, was enacted (NOTE: this made the undue
VILLANUEVA, EDITHA C. HERNANDEZ, JOSE HERNANDEZ, JR., VERONICA C. legislation issue moot and academic). It provides that:
BELLES, AMELITA S. BUCE, MERCELITA C. MARANAN, CRISTITUTO C. LLOREN, a. all functions, programs and activities of the DECS related to
HERNANDO M. EVANGELISTA, and CARLOS BACAY, JR.
sports competition shall be transferred to the PSC;
Respondents: HON. RONALDO D. ZAMORA, in his capacity as the Executive
Secretary, HON. ANDREW B. GONZALES, in his capacity as the Secretary of b. whereas the Program for school sports and physical fitness
Education, and HON. CARLOS D. TUASON, in his capacity as the Chairman of the shall remain part of the basic education curriculum.
Philippine Sports Commission 5. The RA also provides that the personnel of the BPESS, presently
detailed with the PSC, are hereby transferred to the PSC without loss of
Recit-Ready: Pres. Estrada issued EO No. 81 transferring the sports development rank, including the plantilla positions they occupy, while all others shall
programs and activities of the DECS to the PSC. DECS Sec. Gonzales then issued be retained by the DECS (NOTE: this solves the security of tenure issue).
memoranda reassigning remaining BPESS staff to other offices within the DECS.
The petitioners were among the reassigned staff, and they argued that the EO
ISSUE:
constitutes undue legislation and violates their right to security of tenure.
1. W/N the EO constitutes undue legislation by the President. NO
However, while the case was pending, the congress enacted RA No. 9155 which
expressly abolished the BPESS and provides that BPESS personnel not transferred
RATIO:
to the PSC shall be retained by the DECS. The SC then dismissed the case for
1. The SC dismissed the petition for being moot and academic because of
being moot and academic, but explained that the assailed EO was valid.
the enactment of RA No. 9155, but they nonetheless explained that the
EO was valid.
Doctrine: EO No. 292 expressly grants the President continuing authority to
2. EO No. 2927 expressly grants the President continuing authority to
reorganize the Office of the President, i.e., power to reorganize, to achieve
reorganize the Office of the President8 to achieve simplicity, economy
simplicity, economy and efficiency.
and efficiency.
3. Under EO 292, the DECS is indisputably a Department of the Executive
FACTS: Branch; but even if the DECS is not part of the Office of the President,
1. This is a petition for certiorari and prohibition seeking to nullify EO No. Sec. 31 (2) and (3) of EO 292 clearly authorizes the President to transfer
811 and DECS Memoranda.2 6
Governance of Basic Education Act of 2001
2. Pres. Estrada issued the assailed EO which transferred the sports 7
Administrative Code of 1987
development programs and activities of the DECS3 to the PSC.4 DECS 8
Sec. 31 of EO No. 292 provides that the President may take any of the
Sec. Gonzales then issued the DECS Memoranda which reassigned all
following actions:
remaining BPESS5 personnel (people who were not transferred to the 1. Restructure the internal organization of the Office of the
PSC) to other offices within the DECS. President Proper, including the immediate Offices, the Presidential
Special Assistants/Advisers System and the Common Support
1
Transferring the Sports Programs and Activities of the Department of System, by abolishing, consolidating or merging units thereof or
Education, Culture and Sports to the Philippine Sports Commission and transferring functions from one unit to another;
Defining the Role of DECS in School-Based Sports 2. Transfer any function under the Office of the President to any
2
Memoranda Nos. 01592 to 94 other Department or Agency as well as transfer functions to the
3
Department of Education, Culture and Sports (now called Department of Office of the President from other Departments and Agencies;
Education) 3. and Transfer any agency under the Office of the President to
4
Philippine Sports Commission any other department or agency as well as transfer agencies to
5
Bureau of Physical Education and School Sports the Office of the President from other Departments or Agencies
any function or agency of the DECS to the Office of the President. On the
other hand, the charter of PSC provides that it’s attached to the Office of
the President. Hence, the President has the authority to transfer the
functions, programs and activities of DECS related to sports
development to the PSC, thus making EO No. 81 a valid presidential
issuance.
4. The Office of the President is the nerve center of the Executive Branch.
To remain effective and efficient, the Office of the President must be
capable of being shaped and reshaped by the President in the manner
he deems fit to carry out his directives and policies. After all, the Office
of the President is the command post of the President.
ADDITIONAL NOTES:
1. The President’s power to reorganize the Office of the President under
Sec. 31 (2) and (3) of EO No. 292 should be distinguished from his
power to reorganize the Office of the President Proper under Sec. 31 (1)
of the same issuance.
2. Under Sec. 31 (1), the President can reorganize the Office of the
President Proper by abolishing, consolidating or merging units, or by
transferring functions from one unit to another. In contrast, under Sec.
31 (2) and (3), the President’s power to reorganize offices outside the
Office of the President Proper but still within the Office of the President
is limited to merely transferring functions or agencies from the Office
of the President to Departments or Agencies, and vice versa.
3. This distinction is crucial as it affects the security of tenure of
employees. The abolition of an office in good faith necessarily results in
the employees cessation in office, but in such event there is no
dismissal or separation because the office itself ceases to exist. On the
other hand, the transfer of functions or agencies does not result in the
employees cessation in office because his office continues to exist
although in another department, agency or office.