Case Digest: BUKLOD NG KAWANING EIIB v ZAMORA

BUKLOD NG KAWANING EIIB v ZAMORA

FACTS

On June 1987 Pres. Cory issued EO 127, establishing the Economic Intelligence and Investigation Bureau (EIIB) as part of the Ministry of Finance. Aquino issued another memo providing that the EIIB shall be the agency of primary responsibility for anti smuggling operations in all land areas and inland water and waterways outside the areas of sole jurisdiction of the Bureau of Customs. On January 2000 Pres. Estrada issued EO 191 entitled “Deactivation of the EIIB.” The order of deactivation was motivated by the fact that the designated functions of the EIIB are also being performed by the other exiting agencies of the government. On March 200, Estrada issued EO 223 providing for the separation from the service of all personnel of EIIB pursuant to a bona fide reorganization resulting in the abolition, redundancy, merger, division, or consolidation of positions.

ISSUES

a. Does the president have the authority to reorganize the executive department?

b. How shall the reorganization be carried out?

RULING

a. YES, the President has the authority to reorganize the executive department. Bureaus, agencies, or offices in the executive department are under the President’s power of control. Hence he is justified in deactivating the functions of a particular office, or in carrying out reorganizations when a certain law grants him such power. Sec. 31, Book III of the Revised Administrative Code provides the President with the continuing authority to reorganize the administrative structure of the Office of the President in order to achieve economy and efficiency.
b. The reorganization should be carried out in good faith. The EOs issued by Estrada was motivated by the fact that the functions of EIIB are also being performed by other agencies. The Court also pointed out that the deactivation of EIIB was intended to lessen the expenses of the government.

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