Redirecting The Functions and Operations of The Department of Health, Pursuant To

FIRST DIVISION
G.R. No. 160093 July 31, 2007

MALARIA EMPLOYEES petitioner VS THE HONORABLE EXECUTIVE respondent
Topic: Legislative Power

PUNO, CJ.:
FACTS:
On May 24, 1999, President Joseph E. Estrada issued E.O. No. 102, the law
Redirecting the Functions and Operations of the Department of Health, pursuant to
Section 20, Chapter 7, Title I, Book III of E.O. No. 292, otherwise known as the
Administrative Code of 1987, and Sections 78 and 80 of Republic Act (R.A.) No. 8522,
also known as the General Appropriations Act (GAA) of 1998.
E.O. No. 102 provided for structural changes and redirected the functions and
operations of the Department of Health.
Petitioner Malaria Employees and Workers Association of the Philippines, Inc.

(MEWAP) is a union of affected employees in the Malaria Control Service of the
Department of Health. Petitioners sought to nullify E.O. No. 102 for being issued with
grave abuse of discretion amounting to lack or excess of jurisdiction as it allegedly
violates certain provisions of E.O. No. 292 and R.A. No. 8522 and asked for a re-
examination of the pertinent pronouncements of this Court that uphold the authority of
the President to reorganize a department, bureau or office in the executive department.
ISSUE:
Whether or not there has been abuse of discretion amounting to lack or excess of
jurisdiction on the part of former President Joseph E. Estrada in issuing Executive Order
No. 102, Redirecting the functions and operations of the Department of Health.
HELD:
No, the President has the authority to carry out a reorganization of the
Department of Health under the Constitution and statutory laws. This authority is an
adjunct of his power of control under Article VII, Sections 1 and 17 of the 1987
Constitution, viz.:
Section 1. The executive power shall be vested in the President of the

Philippines.
Section 17. The President shall have control of all the executive departments,
bureaus and offices. He shall ensure that the laws be faithfully executed.
In Canonizado v. Aguirre, we held that reorganization "involves the reduction of
personnel, consolidation of offices, or abolition thereof by reason of economy or
redundancy of functions." It alters the existing structure of government offices or units
therein, including the lines of control, authority and responsibility between them.
While the power to abolish an office is generally lodged with the legislature, the
authority of the President to reorganize the executive branch, which may include such
abolition, is permissible under our present laws, viz.:
The general rule has always been that the power to abolish a public office
is lodged with the legislature. This proceeds from the legal precept that the
power to create includes the power to destroy. A public office is either created by
the Constitution, by statute, or by authority of law. Thus, except where the office
was created by the Constitution itself, it may be abolished by the same
legislature that brought it into existence.
The exception, however, is that as far as bureaus, agencies or offices in the

executive department are concerned, the President’s power of control 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.
The President’s power to reorganize the executive branch is also an exercise of his
residual powers under Section 20, Title I, Book III of E.O. No. 292 which grants the
President broad organization powers to implement reorganization measures, viz.:
SEC. 20. Residual Powers. – Unless Congress provides otherwise, the President
shall exercise such other powers and functions vested in the President
which are provided for under the laws and which are not specifically
enumerated above, or which are not delegated by the President in accordance
with law.
The President’s power to reorganize the executive department even finds further basis
under Sections 78 and 80 of R.A. No. 8522, viz.
Section 78. Organizational Changes – Unless otherwise provided by law or

directed by the President of the Philippines, no organizational unit or changes in
key positions in any department or agency shall be authorized in their respective
organizational structure and funded from appropriations provided by this Act.
Section 80. Scaling Down and Phase-out of Activities of Agencies within the
Executive Branch – The heads of departments, bureaus, offices and agencies
are hereby directed to identify their respective activities which are no longer
essential in the delivery of public services and which may be scaled down,
phased-out or abolished subject to Civil Service rules and regulations. Said
activities shall be reported to the Office of the President through the Department
of Budget and Management and to the Chairman, Committee on Appropriations
of the House of Representatives and the Chairman, Committee on Finance of the
Senate. Actual scaling down, phase-out or abolition of the activities shall be
effected pursuant to Circulars or Orders issued for the purpose by the Office of
the President.
We agree with the ruling of the Court of Appeals that the President did not commit bad
faith in the questioned reorganization, viz.:
In this particular case, there is no showing that the reorganization undertaking in

the [Department of Health] had violated this requirement, nor [are] there
adequate allegations to that effect. It is only alleged that the petitioners were
directly affected by the reorganization ordered under E.O. [No.] 102. Absent is
any showing that bad faith attended the actual implementation of the said
presidential issuance.
IN VIEW WHEREOF, the petition is DENIED

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FIRST DIVISION

G.R. No. 160093 July 31, 2007

Topic: Legislative Power

Petitioner Malaria Employees and Workers Association of the Philippines, Inc.

Section 1. The executive power shall be vested in the President of the

The exception, however, is that as far as bureaus, agencies or offices in the

Section 78. Organizational Changes – Unless otherwise provided by law or

In this particular case, there is no showing that the reorganization undertaking in

IN VIEW WHEREOF, the petition is DENIED

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