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PART III. POWER TO REORGANIZE - Coggle Diagram
PART III. POWER TO REORGANIZE
REORGANIZATION
Administrative Code of 1987
SEC. 31. Continuing Authority of the President to Reorganize his Office
PRESIDENT'S POWER TO REORGANIZE;
POLICY
The President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President.
For this purpose, he may take any of the following actions:
RESTRUCTURE
INTERNAL ORGANIZATION OF OP
(1) Restructure the internal organization of the Office of the President Proper, including the immediate Offices, the Presidential Special Assistants/Advisers System and the Common Staff Support System, by abolishing, consolidating, or merging units thereof or transferring functions from one unit to another;
TRANSFER
FUNCTION OF OP
(2) Transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies; and
TRANSFER
AGENCY UNDER OP
3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other departments or agencies
PRESIDENT'S POWER OF CONTROL LIMITATION ON LEGISLATIVE POWER
The President’s power of control and reorganization is a limitation on the legislative’s power.
(Legislature presumed aware of Executive's power of Control)
(Anak-Mindanao Party List v. Exec. Secretary (2007)
GR: LEGISLATURE MAY CREATE AND ABOLISH A PUBLIC OFFICE
As a general rule, the legislature has the power to create and abolish a public office that was not created by the Constitution.
XCPN: PRESIDENT MAY INACTIVATE FUNCTIONS OF A PARTICULAR OFFICE
The exception to this rule is the President’s power of control which may justify him to inactivate the functions of a particular office, OR certain laws may grant him the broad authority to carry out reorganization measures.
(Bagoisan v. National Tobacco Administration)
PRESIDENT MAY REORGANIZE
THE NATIONAL GOVERNMENT
The President is authorized to effect organizational changes including the creation of new offices in the department concerned. The law that gives the President the power to do this is PD 1772 which amended PD 1416. These decrees expressly grant the President the continuing authority to reorganize the national government, which includes the power to group and consolidate bureaus and agencies, to abolish offices, to transfer functions, to create and classify functions, services and activities and to standardize salaries and materials.
WHEN IS THERE GOOD FAITH
A reorganization is carried out in good faith if it is for the purpose of economy or to make bureaucracy more efficient
(National land titles and deeds registration v. CSC)
CREATED BY LAW = CAN ONLY BE ABOLISHED BY LAW
(The Court ruled that the CESB cannot be abolished by the CSC. The CESB was created to serve as the governing body of the CSC through PD 1.)
Thus, since it was created by law, it can only be abolished by the Legislature pursuant to the rule that the creation and abolition of public offices is primarily a legislative function.
the CSC’s power to effect changes is limited to the offices under its control as enumerated under Sec. 16. Since the CESB is not enumerated under Sec. 16, the CSC then cannot effect changes to it.
REORGANIZATION/REMOVAL
RA 6656, Sec. 2
REMOVAL: ONLY VALID CAUSE +
DUE NOTICE AND HEARING
No officer or employee in the career service shall be removed except for a valid cause and after due notice and hearing.
VALID CAUSE = TO MEET EXIGENCIES OR OTHER LAWFUL CAUSES ALLOWED BY CIVIL SERVICE LAW
A valid cause for removal exists when, pursuant to a bona fide reorganization, a position has been abolished or rendered redundant or there is a need to merge, divide, or consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the Civil Service Law.
EVIDENCES OF BAD FAITH
The existence of any or some of the following circumstances may be considered as evidence of bad faith in the removals made as a result of reorganization, giving rise to a claim for reinstatement or reappointment by an aggrieved party:
SIGNIFICANT INCREASE IN NUMBER OF POSITIONS
(a) Where there is a significant increase in the number of positions in the new staffing pattern of the department or agency concerned;
ABOLITION: SUBSTANTIALLY
SAME FUNCTIONS
(b) Where an office is abolished and other performing substantially the same functions is created;
LESS QUALIFIED
(c) Where incumbents are replaced by those less qualified in terms of status of appointment, performance and merit;
RECLASSSIFICATION: SUBSTANTIALLY SAME FUNCTIONS
(d) Where there is a reclassification of offices in the department or agency concerned and the reclassified offices perform substantially the same function as the original offices;
VIOLATES ORDER OF SEPARATION
(e) Where the removal violates the order of separation provided in Section 3 hereof.
MERE CHANGE OF NOMENCLATURE
There is an invalid abolition as where there is merely a change of nomenclature of positions or where claims of economy are belied by the existence of ample funds.
(Larin v. Exec. Sec)
EFFECT OF BAD FAITH
Gives rise to a claim for reinstatement or reappointment by an aggrieved party
PERMANENT APPOINTEES PREFERRED
Section 4 of R.A. 6656 mandates that officers and employees holding permanent appointments shall be given preference for appointment to the new positions in the approved staffing pattern comparable to their former positions.
APPOINTMENTS NOT FINAL UNTIL ALL PROTESTS ARE DULY HEARD
Laws conferring legal remedies of aggrieved parties to appointments means that any appointment cannot be final until all protests or oppositions are duly heard.
NOT REAPPOINTED = SEPARATED
All those not reappointed in the implementation of the reorganization shall be deemed separated from service with the concomitant recognition of their right to separation benefits and/or retirement plans with the reorganized government agency.
ABOLITION = NO REMOVAL
NO VIOLATION OF SECURITY OF TENURE
Abolition must be distinguished from removal since the abolition of a position does not involve removal since removal implies that the post still exists and that one is merely separated therefrom. Since there is no removal involved, there can be no tenure to speak of.
NO ABSOLUTE RIGHT TO HOLD OFFICE
There is no such thing as a vested right in an office, or even an absolute right to hold it.
(National land titles and deeds registration v. CSC)
EXCEPTION: CONSITUTIONAL OFFICE
The only exception to this are those in constitutional offices which have special immunity with regards to their salary and tenure.
Placement Committee ONLY ASSIST the appointing authority
Under Sec. 6 of RA 6656, the Committee was directed to assist the appointing authority in the judicious selection and placement of personnel.
(Sinon v. CSC)
Appointing Authority
Thus, in Sinon v. CSC, it was DARAB (Dept. of Agrarian Reform Adjudication Board) which was the appropriate appointing authority referred to under Sec. 6 of RA 6656, thus its decisions take precedence over that of the [Placement] Committee’s.
(Sinon v. CSC)
ASSIST v. RECOMMEND
To "assist" means to lend an aid to, or to contribute effort in the complete accomplishment of an ultimate purpose intended to be effected by those engaged.
In contrast, to "recommend" is to present one's advice or choice as having one's approval or to represent or urge as advisable or expedient. It involves the idea that another has the final decision.
ASSIST = INCLUDES DISCRETION,
SAME AS OF APPOINTING AUTHORITY
Clearly, the Placement Committee was charged with the duty of exercising the same discretionary functions as the appointing authority in the judicious selection and placement of personnel when the law empowered it to "assist" the appointing authority.
POWER TO REMOVE INHERENT IN THE POWER TO APPOINT
The Power to Remove is Inherent in the Power to Appoint
(Sec. 16 of Art. VII of 1987 Consti)
EXCEPTION: CAREER SERVICE ENJOYS SECURITY OF TENURE
Career service positions are characterized by the existence of security of tenure.
NON-CAREER SERVICE = MAY BE REMOVED BY APPOINTING AUTHORITY
Meanwhile, Non-career service positions do not enjoy the same security and may be removed by the appointing authority at his pleasure
OR be limited to a period specified by law
OR to the duration of a particular project for which the purpose the employment was made.