Bagaoisan Vs Natl Tobacco Administration

Subject: Administrative Law
Topic: Preliminary Matters
Title: Bagaoisan vs Nat'l Tobacco Administration
Citation: G.R. No. 152845 August 5, 2003
I. Facts:
President Joseph Estrada issued on 30 September 1998 Executive Order No. 29,
entitled Mandating the Streamlining of the National Tobacco Administration (NTA), a
government agency under the Department of Agriculture. The order was followed by
another issuance, on 27 October 1998, insofar as the new staffing pattern was
concerned, by increasing from four hundred (400) to not exceeding seven hundred
fifty (750) the positions affected thereby.
The petitioners were terminated from there positions in the national tobacco administration
as a result of the Executive Order issued by President Estrada.
On 11 November 1998, the rank and file employees of NTA Batac, among whom
included herein petitioners, filed a letter-appeal with the Civil Service Commission and
sought its assistance in recalling the Organization Structure and Staffing Pattern
(OSSP).
On 10 June 1996, petitioners, all occupying different positions at the NTA office in
Batac, Ilocos Norte, received individual notices of termination of their employment
with the NTA effective thirty (30) days from receipt thereof.
Petitioners filed a petition for certiorari with prohibition an mandamus with prayer
for preliminary mandatory injunction and a temporary restraining order with the
regional trial court of Batak to prevent the respondent from enforcing the notice of
termination and from ousting the petitioners in their respective offices.
On 09 September 2000, the RTC ordered the NTA to appoint petitioners in the new
OSSP to positions similar or comparable to their respective former assignments. A
motion for reconsideration filed by the NTA was denied by the trial court in its order
of 28 February 2001.
The National Tobacco Administration appealed to the court of appeals who reversed
the decision of the RTC.
II. Issue:
Whether or not the reorganization of the National Tobacco Administration is valid true
issuance of Executive Order by the President.
III. Ruling:
It is important to emphasize that the questioned Executive Orders No. 29 and No. 36
have not abolished the National Tobacco Administration but merely mandated its
reorganization through the streamlining or reduction of its personnel. Article VII,
Section 17, of the Constitution, expressly grants the President control of all executive
departments, bureaus, agencies and offices which may justify an executive action to
inactivate the functions of a particular office or to carry out reorganization measures
under a broad authority of law. Section 78 of the General Provisions of Republic Act
No. 8522 (General Appropriations Act of FY 1998) has decreed that the President may
direct changes in the organization and key positions in any department, bureau or
agency pursuant to Article VI, Section 25, of the Constitution, which grants to the
Executive Department the authority to recommend the budget necessary for its
operation. Evidently, this grant of power includes the authority to evaluate each and
every government agency, including the determination of the most economical and
efficient staffing pattern, under the Executive Department.
x x x. Under Section 31(1) of EO 292, 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 Section 31(2) and (3) of EO 292,
the Presidents 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.
In the present instance, involving neither an abolition nor transfer of offices, the
assailed action is a mere reorganization under the general provisions of the law
consisting mainly of streamlining the NTA in the interest of simplicity, economy and
efficiency. It is an act well within the authority of President motivated and carried out,
according to the findings of the appellate court, in good faith, a factual assessment
that this Court could only but accept.

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Subject: Administrative Law

Topic: Preliminary Matters

Title: Bagaoisan vs Nat'l Tobacco Administration

Citation: G.R. No. 152845 August 5, 2003

entitled Mandating the Streamlining of the National Tobacco Administration (NTA), a

fifty (750) the positions affected thereby.

as a result of the Executive Order issued by President Estrada.

Batac, Ilocos Norte, received individual notices of termination of their employment

termination and from ousting the petitioners in their respective offices.

OSSP to positions similar or comparable to their respective former assignments. A

the decision of the RTC.

issuance of Executive Order by the President.

reorganization through the streamlining or reduction of its personnel. Article VII,

inactivate the functions of a particular office or to carry out reorganization measures

efficient staffing pattern, under the Executive Department.

President Proper by abolishing, consolidating or merging units, or by transferring

that this Court could only but accept.

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