1.

Viola case an agency may be created by authority of law Petitioner questioned the validity of Article 3, Sections 1 & b of the !evised "m#lementing !ules and $uidelines for the $eneral %lections of the &iga ng mga 'arangay, because they #rovide for the election of first, second, and third vice #residents and for auditors for the (ational &iga ng mga 'arangay and its cha#ters. Petitioner)s contention* +hat the #ositions in question are in e,cess of those #rovided in the &$-, Section ./3 and violating the #rinci#le that im#lementing rules and regulations cannot add or detract from the #rovisions of the law they are designed to im#lement0 that the #ositions have been created without authority of law. S-* -reation of the questioned #ositions was actually made in the -onstitution and 'y1 &aws of the &iga ng mga 'arangay which was ado#ted by the 2irst 'arangay (ational Assembly on 3an. 11, 1//.. 4+he creation of the additional #ositions is authori5ed by the &$- which #rovides that 4./3. +he liga at the munici#al, city, #rovincial, metro#olitan #olitical subdivision and national levels directly elect a #resident, a vice #resident, and 6 members of the board of directors. +he board shall create7-reate such other #ositions as it may deem necessary for the management of the cha#ter. +he #rovision in fact requires and not merely authori5e the board of directors to create such #ositions. +he -ongress can delegate the #ower to create #ositions and it is well settled in the S- decisions u#holding the validity of reorgani5ation statutes authori5ing the President of the Phils to create abolish or merge offices in the e,ecutive de#t. 3ustice 8avide)s dissenting o#inion* 9nly the board of directors is vested with the #ower to create other #ositions and not the 'arangay (ational Assembly. Answer to 8avide)s dissent* 'ased on the #rovisions of the im#lementing rules of the &$-, the board of directors of the Pambansang :ati#unan ng mga 'arangay ;'rgy. (ational Assembly< was constituted into a committee, headed by the P:' President, who acted as secretary general, mandated to 1. %,ercise #owers and duties of the national liga and . 8raft or amend the constitution and by laws of the national liga. +he 'arangay (ational Assembly was actually the Pambansang :ati#unan ng mga 'rgy, #ending the organi5ation of the &iga ng mga 'arangay, it served as the &iga. +he 'oard of 8irectors of P:' functions in #lace of the board 8irectors of the (ational &iga ng mga 'arangay e,ercises the #owers such as create additional #ositions 3ustice 8avide)s nd dissenting o#inion that the &$- vests the #ower to create additional #osition in the 'oard of 8irectors of the cha#ter. Answer* =hile the board of directors of the local cha#ter can create additional #ositions to #rovide for the needs of the cha#ter, the board of directors of the (ational &iga must be deemed to have the #ower to create additional #ositions not only for its management but also for that of all the cha#ters at the munici#al, city, #rovincial and metro#olitan #olitical subdivision levels. "n effect, the dissent would reduce such board to a board of a local cha#ter. +he reason why there are additional #ositions* it was intended to #rovide uniform officers for the various cha#ters in line with the mandate of Article 1> ;g<; < of the rules and regulations im#lementing the &$of 1//10 the various cha#ters could have different minor officers de#ending on their local needs, but they must have same ma?or elective officers meaning to say, the additional vice #residents and auditors.

8avide)s dissent* 2ollowing the rule of e?usden generi,, what may be created as additional #ositions can only be a##ointive ones because the #ositions of the secretary and treasurer are a##ointive #ositions. Answer* +he rule may a##ly if what is involved is the a##ointment of other officers, but we are dealing with creations of additional #ositions and not officers0 management #ositions are not necessarily limited to a##ointive #ositions because elective officers such as #resident and vice #resident can be e,#ected to be involved in the general administration or management of the cha#ter.

. Biraogo case this #etition ;s#ecial civil action for #rohibition< basically assails the validity and constitutionality of the %9 1 creating the Phili##ine +ruth -ommission of >1> as it usur#s the constitutional authority of the legislature to create a #ublic office and to a##ro#riate fund therefor. %9 1 basically was created because of the slogan of Pnoy 4:ung walang corru#t walang mahira#@ to transform such slogan into reality. Petitioners) contention* 1. %9 1 violates the se#aration of #owers as it arrogates the #ower of the -ongress to create a #ublic office and a##ro#riate funds for its o#erations. 9S$* it does not arrogate the #owers of -ongress because the President)s e,ecutive #ower and #ower of control necessarily include the inherent #ower to conduct investigations to ensure that laws are faithfully e,ecuted0 does not usur# the #ower of -ongress to a##ro#riate funds because there is no a##ro#riation but a mere allocation of funds already a##ro#riated. . Sec. 31 of Admin -ode cannot legitimi5e %9 1 because the delegated authority of the President to structurally reorgani5e the 9P to achieve economy, sim#licity and efficiency does not include the #ower to create an entirely new #ublic office. 3. %9 1 illegally amended the -onstitution and #ertinent statutes when it vested the +ruth -ommission with quasi ?udicial #owers du#licating the functions of the 9mbudsman and 893. 9S$* it does not du#licate the functions of the 9mbudsman and 893 because it is a fact1finding body and not a quasi ?udical body. .. %9 1 violates the equal #rotection clause as it selectively targets for investigation and #rosecution of officials and #ersonnel of the #revious administration as it e,cludes those of the administrations of the #ast and #resent. 9S$* 8oes not violate the equal #rotection clause because it was validly created for laudable #ur#oses. ;note* transcendental im#ortance #aramount #ublic interest is involved<. S- Ael* 1. Power of the President to create the +ruth -ommission 1 Bnder Section 1C, Article C of the -onstitution im#oses the President the duty to ensure that the laws are faithfully e,ecuted. +he #ower of the President to conduct investigations to aid him in ensuring the faithful e,ecution of laws ;liDe in this case the fundamental laws on #ublic accountability and trans#arency< is

inherent in the President)s #owers as the -hief %,ecutive. 9ne of the recogni5ed #owers of the President is the #ower to create ad hoc committees that needs to ascertain facts and determine if laws have been faithfully e,ecuted. . %9 1 was declared unconstitutional because it violated the equal #rotection clause of the -onstitution. "t sim#ly requires that all #ersons or things similarly situated should be treated aliDe, both as to rights conferred and res#onsibilities im#osed. "t must a##ly to all members of the same class. "n this case. +he clear mandate of the +ruth -ommission is to investigate and find our the truth concerning re#orted cases of graft and corru#tion during the #revious administration. +he #revious administration is only a member of the class, and said class #ertains to #ast administrations. 3. Kapisanan ng mga Kawani ng ERB case 1 Petitioners seeD to declare Section 3E of !A 313F which abolished the %!' and created %!- as unconstitutional and to #rohibit %!- commissioner from filling u# the %!- #lantilla or selection and a##ointment of em#loyment of the %!-.

:%!')s contention* !A /13F did not abolish the %!' or change the %!')s character as an economic regulator of the electric #ower industry, it merely changed %!')s name to %!- and e,#anded %!')s functions and ob?ectives. S-* "n abolition, there is no occu#ant in an abolished office, when there is no occu#ant, there is no tenure to s#eaD of. =hile in removal, it im#lies that the office and its related #ositions subsist and that the occu#ants are merely se#arated from their #ositions. S- finds that %!- indeed assumed the functions of the %!'. Aowever, the overla# in the functions of the %!' and of the %!- does not mean that there is no valid abolition of the %!'. +he %!- has new and e,#anded functions which are intended to meet the s#ecific needs of a deregulated #ower industry. Abolition defined* if newly created office has substantially new, different or additional functions, duties or #owers, so that it may be said in fact to create an office different from the one abolished, even though it embraces all or some of the duties of the old office it will be considered as an abolition of one office and the creation of a new or different one. +he same is true if one office is abolished and its duties, for reasons of economy are given to an e,isting officer or office. +he %!- retains the %!')s traditional rate and service regulation functions. Aowever, the %!- now also has to #romote com#etitive o#erations in the electricity marDet. !A /13F e,#anded the %!-)s concerns to encom#ass both the consumers and the utility investors. "n tandem with the restructuring of the industry is the establishment of 4a strong and #urely inde#endent regulatory body@. +hus, the law created the %!- in #lace of the %!'. 4+here is valid abolition of the %!', and there is no merit to :%!')s allegation that there is an im#airment of the security of tenure of the %!')s em#loyees.@

..

Commission on Human Rights Employees Association (CHREA < -an -A! lawfully im#lement an u#grading and reclassification of #ersonnel #ositions without the #rior a##roval of the 8'GH 'ased on the s#ecial #rovision of !A E6 or the $eneral A##ro#riations Act of 1//E, -onstitutional -ommissions and 9ffices en?oying fiscal autonomy are authori5ed the transfer of item or creation of new #ositions in their res#ective offices, -A! issued !esolution A/E1>.C on Se#tember ., 1//E, which #ro#osed the creation of 1> additional #lantilla #ositions. +he -A! forwarded said #ro#osal to the 8'G for its a##roval and was eventually disa##roved. +he 8'Gs contention was 4being a member of the fiscal autonomy grou# does not vest the agency with the authority to reclassify, u#grade and create #ositions without a##roval of the 8'G, such authority is not absolute and must be e,ercised within the #arameters of the Bnited Position -lassification and -om#ensation System.

-S-1(-! recommended to the -S-1-entral 9ffice the a##ointments to be re?ected, while -A!%A requested the -S-1-entral 9ffice to affirm the recommendation of the 8'Gs disa##roval of the #lantilla reclassification. -S-1-entral reversed the recommendation of the -S-1(-!. -A!%A elevated the case to the -A, and -A affirmed the -S- -entral on the ?ustification that such action is within the ambit of -A!)s fiscal autonomy. Bnder the Salary Standardi5ation &aw, the 8'G is directed to establish and administer a unified -om#ensation and Position -lassification System and shall be a##lied to all government entities ;refers to e,ecutive, legislative and ?udicial bodies and no other qualification< +he #ower to administer is not #urely ministerial in character, to administer means to control or regulate in behalf of the others. (ote* 8'G)s function is merely to ensure that the action taDen by the 'oard of 8irectors com#lies with the requirements of the law, s#ecifically that PP-s com#ensation system conforms as closely as #ossible with that #rovided for under !A FC6E. ;"ntia vs. -9A, PP-< -A! is not among the class of -onstitutional -ommissions liDe -S-, -9G%&%-, -9A. 2iscal Autonomy defined* entails freedom from outside control and limitations0 other than those #rovided by law0 freedom to allocate and utili5e funds granted by law, in accordance with law, and #ursuant to the wisdom and dis#atch its needs may require from time to time. "t is only the 3udiciary, -S-, -9A, -9G%&%-, 9ffice of the 9mbudsman which en?oy fiscal autonomy. (ote* -A! although admittedly a constitutional creation is nonetheless not included in the genus of office accorded fiscal autonomy by constitutional or legislative fiat. (ote* %ven if -A! en?oys fiscal autonomy, all government offices must all submit to the Salary Standardi5ation &aw. II 'eing a member o the fiscal autonomy does not vest the agency with the authority to reclassify, u#grade and create #ositions without a##roval of the 8'G. =hile members of the grou# are authori5ed to formulate and the organi5ational structure of their res#ective offices, such authority is not absolute and must be e,ercised within the #arameters of the Bnified Position -lassification and -om#ensation System.

6.

Anak Mindanao assails the constitutionality of %9 3F. ;+ransforming the 8A! into 8e#t of &and !eform< A(8 3C/ ;Amending %9 3F.<0 S- decided its not unconstitutional.

"ssue* &egality of #lacing the P-BP under the su#ervision and control of 8A! and the (ational -ommission on "ndigeneous Peo#les ;(-"P< under the 8A! as an attached agency. (ote* +he #rinci#le of se#aration of #owers #resu##oses mutual res#ect by and between the e,ecutive, legislative, and ?udicial de#artments of the government and calls for them to be left alone to discharge their duties as they see it. AG"( contends that any reorgani5ation of P-BP and (-"P should be sub?ect of a statute. S-* -onstitution confers by e,#ress #rovision, the #ower of control over e,ecutive de#artments, bureaus and offices in the President alone (ote* 8uty of the e,ecutive #ower to enforce and administer the laws, it is the #ower of carrying the laws into #ractical o#eration and enforcing their due observance. (ote* President)s #ower of control he has control over the e,ecutive de#artment, bureaus, and offices. Ae has the authority to assume directly the functions of the e,ecutive de#artment, bureau, office, or interfere with the discretion of its officials. (ote* 1. As far agencies, bureaus and offices in the e,ecutive de#artment are concerned, the #ower of control may ?ustify the President to deactivate the functions of a #articular office. . 9r a law may e,#ressly grant the President the broad authority to carry out reorgani5ation measures.

Rationale behind the continuing power to reorgani e to achieve sim#licity, economy and efficiency, the e,ecutive branch must be ca#able of being sha#ed and resha#ed by the President. (ote* +he 9ffice of the President consists of the 9ffice of the President #ro#er, the agencies under it. P-BP and (-"P were formed agencies under the 9ffice of the President. 1. +hey are #laced under the chairmanshi# of the President and under the su#ervision and control of the President. . Bnder the administrative su#ervision of the 9ffice of the President 3. +hose attached to the 9ffice for #olicy and #rogram coordination .. +hose that are not #laced by law or order creating under any s#ecial de#artment. 6. 2inally as #rovided by law, the President may transfer any agency under the 9ffice of the President to any other de#artment of agency sub?ect to the #olicy in the %,ecutive 9ffice and in order to achieve sim#licity, economy and efficiency. Administrative !elationshi#s, category* 1. Su#ervision and control . Administrative su#ervision 3. Attachment Attached agency has a larger measure of inde#endence from the de#artment to which it is attached than one which is under de#artmental su#ervision and control of administrative su#ervision. Attachment is merely for #olicy and #rogram coordination. AG"()S 9+A%! A!$BG%(+S* 1. +hat there is anachronism of sorts because there can be no #olicy and #rogram coordination between conce#tually different areas of reform. . +he -onstitution did not intend an over1arching conce#t of agrarian reform to encom#ass the two other areas and that how the law is ordered in a certain way should not be undermined by mere e,ecutive orders in the guise of administrative efficiency.

JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ F. 'agaoisin case 11 Pres. %strada issued %9 / Gandating the Streamlining of the (ational +obacco Adminstration and %9 3F amending %9 / in sofar as the new staffing #attern was concerned. (+A #re#ared and ado#ted a new 9rgani5ation Structure and Staffing Pattern ;9SSP<. !anD and file em#loyees filed an a##eal to the -S-, and same date. +he 9SSP was a##roved by the 8'G. %m#loyees received letters of termination. %m#loyees eventually filed a #etition for certiorari, #rohibition and mandamus and #reliminary mandatory in?unctionKtro.

!+- favored the #etitioners. (+A filed an a##eal to the -A. -A reversed the !+- decision. %m#loyees went u# to the Su#reme -ourt. S- issued a resolution denying the #etition, but the #etitions filed a motion to admit #etition for en banc resolution. "ssue* =hether or not the President thru the issuance of an e,ecutive order, can validly carry out the reorgani5ation of the (+A. Aeld* +he streamlining of the (+A in the interest of sim#licity, economy and efficiency is a mere reorgani5ation and is within the authority of the President. &egal basis of reorgani5ation* Sec. .E of !.A. CF.6 ;$eneral A##ro#riations Act< 11 mentions the acts of scalling down, #hasing out and abolition of offices only and does not cover the creation of offices or transfer of functions. And Section F 1 shows that President is authori5ed to effect organi5ational changes including the creation of offices in the de#artment or agency. 'asis of Streamlining* 1. Actual Streamlining and #roductivity im#rovement in agency organi5ation and o#eration shall be effected #ursuant to -irculars or 9rders issued for the #ur#ose by the 9ffice of the President. . Sec. 31, 'ooD 3 of %9 / , the President sub?ect to the #olicy in the %,ecutive 9ffice and in order to achieve sim#licity, economy and efficiency, shall have the continuing authority to reorgani5e the administrative structure of the 9P. 3. Since the President)s authority is established, is the reorgani5ation validH "t is valid if they are #ursued in good faith. ;+here must be evidence of bad faith, for it to be not valid<. %vidence of bad faith* 1. Significant increase in the number of #ositions . =hen office is abolished and a new one #erforming substantially the same functions 3. "ncumbents are re#laced by those less qualified .. =hen removal violates the order of se#aration 6. !eclassification of offices in the de#artment with the same functions as the original one. (ote* %9 / and 3F have not abolished the (+A but merely mandated its reorgani5ation thru the streamlining or reduction of its #ersonnel ;Article C , Sec. 1C of the -onstitution, e,#ressly grants the President control of all e,ecutive de#artments, bureaus agencies and offices which may ?ustify and e,ecutive action to inactivate the functions of a #articular office or to carry out reorgani5ation measures under a broad authority of the law. (ote* %9 / Sec. 31;1< can reorgani5e the 9ffice of the President Pro#er by abolishing, consolidating or merging units or by transferring functions from one unit to another. %9 / Sec. 31 ; < and ;3< President)s #ower to reorgani5e offices outside the 9ffice of the President #ro#er but still within the 9P is limited to merely transferring functions or agencies from the 9P to 8e#artments or agencies and vice versa.

RE!R"A#$%A&!# (Canoni ado 's Aguirre( A* reorgani5ation involves the reduction of #ersonnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. "t taDes #lace when there is an alteration of the e,isting structure of government offices or units therein, including the lines of control, authority and res#onsibility between them. Presidents Power to Reorganize and basis: The Constitutions express grant of the power of control in the President justifies an executive action to carry out reorganization measures under a broad authority of law Power of other agencies to reorganize; limitations Q: Who has the power to reorganize? A: It depends. In order to determine who has the power to reorganize, it is essential to characterize whether the body to be reorganized is a department or an instr mentality of go!ernment. "nder #$ %&%, the President is gi!en the power of control o!er all departments, b rea s and offices nder the e'ec ti!e branch. (ince the power of control incl des the power to reorganize, then the power to reorganize a department, a b rea or an office can be said to be lodged in the President. $n the other hand, an instr mentality is, as a general r le, created by stat te or made p rs ant to a law. (o nless the law creating s ch instr mentality delegates the a thority to reorganize to a separate body, the power to reorganize s ch is with )ongress.