Secretary of the Department of Transportation and Communications (DOTC) v Roberto Mabalot,

G.R. No. 138200, February 27, 2002

Facts: Respondent Roberto Mabalot filed a petition for certioari before the Regional Trial Court
(RTC) of Quezon City praying among others that Memorandum Order No. 96-725, dated
February 19 1996, and Department Order No. 97-1025, dated January 29, 1997, be declared
illegal and without effect.

Both Orders directed the Land Transportation and Franchising Regulatory Board (LTFRB) to
effect the transfer of its regional functions to the DOTC Regional Office in the Cordillera
Administration Region (CAR), pending the creation of a regular regional Franchising and
Regulatory Office in the region. Personnel of the DOTC-CAR shall perform LTFRB functions on a
concurrent capacity subject to the direct supervision and control of LTFRB Central Office.

The lowercourt granted the petition declaring that such Orders were null and void and without any
legal effect as being violative of the provision of the Constitution against the encroachment on the
powers of the legislative department and also of the provision enjoining appointive officials from
holding any other office of employment in the Government. Thus a petition for review on certioari
was filed by petitioner DOTC.

Issue: Whether or not Memorandum Order 96-735 and Department Order No. 97-1025 are valid?

Decision: Petition is Granted. The Decision of the RTC is Reversed and Set Aside.

Ratio:

A public office may be created through any of the following modes, to wit, either (1) by the
Constitution (fundamental law), (2) by law (statute duly enacted by Congress), or (3) by authority
of law. In the instant case, the creation and establishment of LTFRBCAR Regional Office was
made pursuant to the third mode by authority of law. The DOTC Secretary issued the assailed
Memorandum and Department Orders pursuant to Administrative Order No. 36 of the President.
Furthermore, Presidential Decree No.1772 gives the President the continuing power to
reorganize the national government.

The organic personnel of the DOTCCAR were merely designated to perform the additional
duties and functions of an LTFRB Regional Office. To designate a public officer to another
position may mean to vest him with additional duties while he performs the functions of his
permanent office. Or in some cases, a public officer may be designated to a position in an acting
capacity as when an undersecretary is designated to discharge the functions of a Secretary
pending the appointment of a permanent Secretary. An office or employment held in the exercise
of the primary functions of ones principal office is an exception to, or not within the contemplation,
of the constitutional prohibition