G.R. No. 166620 – ATTY. SYLVIA BANDA, CONSORICIA O. PENSON, RADITO V. PADRIGANO, JEAN R. DE MESA, LEAH P. DELA CRUZ, ANDY V. MACASAQUIT, SENEN B. CORDOBA, ALBERT BRILLANTES, GLORIA BISDA, JOVITA V. CONCEPCION, TERESITA G. CARVAJAL, ROSANNA T. MALIWANAG, RICHARD ODERON, CECILIA ESTERNON, BENEDICTO CABRAL, MA. VICTORIA E. LAROCO, CESAR ANDRA, FELICISIMO GALACIO, ELSA R. CALMA, FILOMENA A. GALANG, JEAN PAUL MELEGRITO, CLARO G. SANTIAGO, JR., EDUARDO FRIAS, REYNALDO O. ANDAL, NEPHTALIE IMPERIO, RUEL BALAGTAS, VICTOR R. ORTIZ, FRANCISCO P. REYES, JR., ELISEO M. BALAGOT, JR., JOSE C. MONSALVE, JR., ARTURO ADSUARA, F.C. LADRERO, JR., NELSON PADUA, MARCELA C. SAYAO, ANGELITO MALAKAS, GLORIA RAMENTO, JULIANA SUPLEO, MANUEL MENDRIQUE, E. TAYLAN, CARMELA BOBIS, DANILO VARGAS, ROY-LEO C. PABLO, ALLAN VILLANUEVA, VICENTE R. VELASCO, JR., IMELDA ERENO, FLORIZA M. CATIIS, RANIEL R. BASCO, E. JALIJALI, MARIO C. CARAAN, DOLORES M. AVIADO, MICHAEL P. LAPLANA, GUILLERMO G. SORIANO, ALICE E. SOJO, ARTHUR G. NARNE, LETICIA SORIANO, FEDERICO RAMOS, JR., PETERSON CAAMPUED, RODELIO L. GOMEZ, ANTONIO D. GARCIA, JR., ANTONIO GALO, A. SANCHEZ, SOL E. TAMAYO, JOSEPHINE A.M. COCJIN, DAMIAN QUINTO, JR., EDLYN MARIANO, M.A. MALANUM, ALFREDO S. ESTRELLA, and JESUS MEL SAYO, petitioners, vs. EDUARDO R. ERMITA, in his capacity as Executive Secretary, THE DIRECTOR GENERAL OF THE PHILIPPINE INFORMATION AGENCY and THE NATIONAL TREASURER, respondents.
LEONARDO-DE CASTRO, J.
Facts
On July 25, 1987, NPO was formed by virtue of E.O. No. 285 under the regime of Pres. Corazon Aquino. NPO was created from the merger of the Government Printing Office and the relevant printing units of the Philippine Information Agency (PIA). Sec. 6 of EO No. 285 grants NPO the exclusive printing jurisdiction of government’s accountable forms, official ballots, and other public documents.
On October 25, 2004, Pres. Arroyo issued E.O. No. 378 amending Section 6 of Executive Order No. 285 by, inter alia, removing the exclusive jurisdiction of the NPO over the printing services requirements of government agencies and instrumentalities. Under E.O. No. 378, government agencies and instrumentalities are allowed to source their printing requirement from the private sector through competitive bidding, provided that their serviced are of lower cost and superior quality than that of NPO. NPO’s appropriation in the General Appropriations Act is limited to its income.
The petitioners bring the instant petition contending that:
- It is beyond the executive powers of President Arroyo to amend or repeal Executive Order No. 285 issued by former President Aquino when the latter still exercised legislative powers; and
- Executive Order No. 378 violates petitioners’ security of tenure, because it paves the way for the gradual abolition of the NPO.
Issues
- Given that E.O. No. 285, creating the NPO is issued by then President Aquino under the Freedom Constitution when she still had legislative power, does PGMA have the power to repeal or amend the same by virtue of a mere executive order, i.e. E.O. No. 378?
- Will EO No. 378, in allowing government agencies to source printing services from the private sector and in limiting the NPO’s budget to its income purportedly lead to its gradual abolition and the loss of security of tenure of its employees? Is the EO issued in bad faith?
Ruling and Discussion
- Yes. PGMA has the power to repeal or amend the same by virtue of a mere executive order, i.e. E.O. No. 378.
It is a well-settled principle in jurisprudence that the President has the power to reorganize the offices and agencies in the executive department in line with the President’s constitutionally granted power of control over executive offices and by virtue of previous delegation of the legislative power to reorganize executive offices under existing statutes.
In other words the basis of the President’s power to reorganize offices and agencies in the executive department is constitutional and statutory.
Under Sec. 17, Art. VII of the 1987 Constitution: “[t]he President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.”
Under Sec. 31, Chap. 10, Title III, Book III of the Revised Administrative Code of 1987, the President is granted a continuing authority to reorganize his office to achieve simplicity, economy and efficiency. This is a delegation of legislative power to the President. NPO, as an agency that is part of the Office of the Press Secretary, is part of the Office of the President. By virtue of Sec. 31 of the RAC of 1987 the President is granted continuing authority to reorganize the Executive office (NPO covered) by: (a) abolishing, consolidating or merging units thereof or transferring functions from one unit to another; and (b) to transfer functions or offices from the Office of the President to any other Department or Agency in the Executive Branch, and vice versa.
In the instant case, the NPO is neither abolished, nor its functions transferred. The government agencies are merely allowed to source printing services from private suppliers. Thus, NPO must now compete with private sectors. The end sought for such is to encourage its efficiency and profitability.
The power of the President to reorganize the Executive Branch under Sec. 31 includes such powers and functions that may be provided for under other laws, pursuant to Sec. 20 of the same Code:
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 power of the President to reorganize the Executive office is supported by specific provisions in the general appropriation laws, to wit: (a) Sec. 48 and 62 of RA No. 7645; the General Appropriations Law for 1993; (b) Sec. 78 of RA No. 8760; (c) Sec. 77 and 78 of the 2003 General Appropriations Act; and (d) Sec. 31(2) and (3) of EO No. 292.
The issuance of Executive Order No. 378 by President Arroyo is an exercise of a delegated legislative power granted by the aforementioned Sec. 31, Chap. 10, Title III, Book III of the Administrative Code of 1987, which provides for the continuing authority of the President to reorganize the Office of the President, “in order to achieve simplicity, economy and efficiency.” - No. EO No. 378 was not issued in bad faith.
The Petitioners failed to substantiate their claim. They failed to allege and prove sufficient facts to show that the limitation of the NPO’s budget to its own income would lead to its abolition of the position, or removal from office, of any employee. Neither did they present any proof that the changes in the functions of the NPO were for political considerations that had nothing to do with improving the efficiency of, or encouraging operational economy in, the said agency.
There is a presumption of regularity in the issuances by the branches of the government. They are deemed issued in good faith unless proven otherwise by competent evidence. The burden of proof lies with the person alleging the irregularity.
Dispositive
Petition dismissed. TRO and WPI denied.