Republic of the Philippines SUPREME COURT Manila EN BANC

G.R. No. 115863 March 31, 1995 AIDA D. EUGENIO, petitioner, vs. CIVIL SERVICE COMMISSION, HON. TEO ISTO T. GUINGONA, !R. " HON. SALVADOR ENRI#UE$, !R.,respondents.

PUNO, J.: The power of the Civil Service Co ission to abolish the Career E!ecutive Service Board is challen"ed in this petition for certiorari and prohibition. #irst the facts. Petitioner is the $eput% $irector of the Philippine Nuclear Research &nstitute. She applied for a Career E!ecutive Service 'CES( Eli"ibilit% and a CES) ran* on Au"ust +, ,--., she was "iven a CES eli"ibilit%. )n Septe ber ,/, ,--., she was reco ended to the President for a CES) ran* b% the Career E!ecutive Service Board. 1 All was not to turn well for petitioner. )n )ctober ,, ,--., respondent Civil Service Co Resolution No. -.01./-, viz2 RES)34T&)N N). -.01./56EREAS, Section ,',( of Article &70B provides that Civil Service shall be ad inistered b% the Civil Service Co ission, . . .8 56EREAS, Section ., Article &70B of the ,-9: Philippine Constitution provides that ;The Civil Service Co ission, as the central personnel a"enc% of the "overn ent, is andated to establish a career service and adopt easures to pro ote orale, efficienc%, inte"rit%, responsiveness, pro"resiveness and courtes% in the civil service, . . .;8 56EREAS, Section ,+ ',(, Title &, Subtitle A, Boo* < of the Ad inistrative Code of ,-9: "rants the Co ission the power, a on" others, to ad inister and enforce the constitutional and statutor% provisions on the erit s%ste for all levels and ran*s in the Civil Service8 56EREAS, Section :, Title &, Subtitle A, Boo* < of the Ad inistrative Code of ,-9: Provides, a on" others, that The Career Service shall be characteri=ed b% ',( entrance based on erit and fitness to be deter ined as far as practicable b% co petitive e!a ination, or based hi"hl% technical >ualifications8 '+( opportunit% for advance ent to hi"her career positions8 and '.( securit% of tenure8 56EREAS, Section 9 'c(, Title &, Subtitle A, Boo* < of the ad inistrative Code of ,-9: provides that ;The third level shall cover Positions in the Career E!ecutive Service;8 56EREAS, the Co ission reco"ni=es the i perative need to consolidate, inte"rate and unif% the ad inistration of all levels of positions in the career service. 56EREAS, the provisions of Section ,:, Title &, Subtitle A. Boo* < of the Ad inistrative Code of ,-9: confers on the Co ission the power and authorit% to effect chan"es in its or"ani=ation as the need arises. 56EREAS, Section /, Article &70A of the Constitution provides that the Civil Service Co ission shall en?o% fiscal autono % and the necessar% i plications thereof8 ission % passed

N)5 T6ERE#)RE, fore"oin" pre ises considered, the Civil Service Co ission hereb% resolves to strea line reor"ani=e and effect chan"es in its or"ani=ational structure. Pursuant thereto, the Career E!ecutive Service Board, shall now be *nown as the )ffice for Career E!ecutive Service of the Civil Service Co ission. Accordin"l%, the e!istin" personnel, bud"et, properties and e>uip ent of the Career E!ecutive Service Board shall now for part of the )ffice for Career E!ecutive Service. The above resolution beca e an i pedi ent. to the appoint ent of petitioner as Civil Service )fficer, Ran* &<. &n a letter to petitioner, dated @une :, ,--1, the 6onorable Antonio T. Carpio, Chief Presidential le"al Counsel, stated2 !!! !!! !!! )n , )ctober ,--. the Civil Service Co ission issued CSC Resolution No. -.01./which abolished the Career E!ecutive Service Board. Several le"al issues have arisen as a result of the issuance of CSC Resolution No. -.0 1./-, includin" whether the Civil Service Co ission has authorit% to abolish the Career E!ecutive Service Board. Because these issues re ain unresolved, the )ffice of the President has refrained fro considerin" appoint ents of career service eli"ibles to career e!ecutive ran*s. !!! !!! !!! Aou a%, however, brin" a case before the appropriate court to settle the le"al issues arisin" fro issuance b% the Civil Service Co ission of CSC Resolution No. -.01./-, for "uidance of all concerned. Than* Aou. #indin" herself bereft of further ad inistrative relief as the Career E!ecutive Service Board which reco ended her CES) Ran* &< has been abolished, petitioner filed the petition at bench to annul, a on" others, resolution No. -.01./-. The petition is anchored on the followin" ar"u ents2 A. &N <&)3AT&)N )# T6E C)NST&T4T&)N, RESP)N$ENT C)MM&SS&)N 4S4RPE$ T6E 3EB&S3AT&<E #4NCT&)NS )# C)NBRESS 56EN &T AB)3&S6E$ T6E CESB, AN )##&CE CREATE$ BA 3A5, T6R)4B6 T6E &SS4ANCE )# CSC2 RES)34T&)N N). -.01./-8 B. A3S) &N <&)3AT&)N )# T6E C)NST&T4T&)N, RESP)N$ENT CSC 4S4RPE$ T6E 3EB&S3AT&<E #4NCT&)NS )# C)NBRESS 56EN &T &33EBA33A A4T6)R&CE$ T6E TRANS#ER )# P4B3&C M)NEA, T6R)4B6 T6E &SS4ANCE )# CSC RES)34T&)N N). -.01./-. Re>uired to file its Co ent, the Solicitor Beneral a"reed with the contentions of petitioner. Respondent Co ission, however, chose to defend its "round. &t posited the followin" position2 ARGUMENTS FOR PUBLIC RESPONDENT-CSC

&. T6E &NSTANT PET&T&)N STATES N) CA4SE )# ACT&)N ABA&NST T6E P4B3&C RESP)N$ENT0CSC.
&&. T6E REC)MMEN$AT&)N S4BM&TTE$ T) T6E PRES&$ENT #)R APP)&NTMENT T) A CES) RAND )# PET&T&)NER E4BEN&) 5AS A <A3&$ ACT )# T6E CAREER E7EC4T&<E SER<&CE B)AR$ )# T6E C&<&3 SER<&CE C)MM&SS&)N AN$ &T $)ES N)T 6A<E ANA $E#ECT. &&&. T6E )##&CE )# T6E PRES&$ENT &S EST)PPE$ #R)M E4EST&)N&NB T6E <A3&$&TA )# T6E REC)MMEN$AT&)N )# T6E CESB &N #A<)R )# PET&T&)NER E4BEN&) S&NCE T6E PRES&$ENT 6AS PRE<&)4S3A APP)&NTE$ T) CES) RAND

#)4R '1( )##&C&A3S S&M&3AR3A S&T4ATE$ AS SA&$ PET&T&)NER. #4RT6ERM)RE, 3ACD )# MEMBERS T) C)NST&T4TE A E4)R4M. ASS4M&NB T6ERE 5AS N) E4)R4M, &S N)T T6E #A43T )# P4B3&C RESP)N$ENT C&<&3 SER<&CE C)MM&SS&)N B4T )# T6E PRES&$ENT 56) 6AS T6E P)5ER T) APP)&NT T6E )T6ER MEMBERS )# T6E CESB. &<. T6E &NTEBRAT&)N )# T6E CESB &NT) T6E C)MM&SS&)N &S A4T6)R&CE$ BA 3A5 'Sec. ,+ ',(, Title &, Subtitle A, Boo* < of the Ad inistrative Code of the ,-9:(. T6&S PART&C43AR &SS4E 6A$ A3REA$A BEEN SETT3E$ 56EN T6E 6)N)RAB3E C)4RT $&SM&SSE$ T6E PET&T&)N #&3E$ BA T6E 6)N)RAB3E MEMBERS )# T6E 6)4SE )# REPRESENTAT&<ES, NAME3A2 S&ME)N A. $AT4MAN)NB, #E3&C&AN) R. BE3M)NTE, @R., RENAT) <. $&AC, AN$ MAN4E3 M. BARC&A &N B.R. N). ,,1.9F. T6E A#)REMENT&)NE$ PET&T&)NERS A3S) E4EST&)NE$ T6E &NTEBRAT&)N )# T6E CESB 5&T6 T6E C)MM&SS&)N. 5e find erit in the petition. 3

The controllin" fact is that the Career E!ecutive Service Board 'CESB( was created in the Presidential $ecree 'P.$.( No. , on Septe ber ,, ,-:1 & which adopted the &nte"rated Plan. Article &<, Chapter &, Part of the &&& of the said Plan provides2 Article &< G Career Executive Service ,. A Career E!ecutive Service is created to for a continuin" pool of well0selected and develop ent oriented career ad inistrators who shall provide co petent and faithful service. +. A Career Executive Service herei a!ter re!erre" to i thi# Cha$ter a# the Boar"% i# create" to #erve a# the &over i & 'o"( o! the Career Executive Service. The Board shall consist of the Chair an of the Civil Service Co ission as presidin" officer, the E!ecutive Secretar% and the Co issioner of the Bud"et as ex-o!!icio e bers and two other e bers fro the private sector andHor the acade ic co unit% who are fa iliar with the principles and ethods of personnel ad inistration. !!! !!! !!! /. The Board shall pro ul"ate rules, standards and procedures on the selection, classification, co pensation and career develop ent of e bers of the Career E!ecutive Service. The Board shall set up the or"ani=ation and operation of the service. 'E phasis supplied( &t cannot be disputed, therefore, that as the CESB was created b% law, it can onl% be abolished b% the le"islature. This follows an unbro*en strea of rulin"s that the creation and abolition of public offices is pri aril% a le"islative function. As aptl% su ed up in AM @4R +d on Public )fficers and E plo%ees, 5 viz2 E!cept for such offices as are created b% the Constitution, the creation of public offices is pri aril% a le"islative function. &n so far as the le"islative power in this respect is not restricted b% constitutional provisions, it supre e, and the le"islature a% decide for itself what offices are suitable, necessar%, or convenient. 5hen in the e!i"encies of "overn ent it is necessar% to create and define duties, the le"islative depart ent has the discretion to deter ine whether additional offices shall be created, or whether these duties shall be attached to and beco e ex-o!!icio duties of e!istin" offices. An office created b% the le"islature is wholl% within the power of that bod%, and it a% prescribe the ode of fillin" the office and the powers and duties of the incu bent, and if it sees fit, abolish the office. &n the petition at bench, the le"islature has not enacted an% law authori=in" the abolition of the CESB. )n the contrar%, in all the Beneral Appropriations Acts fro ,-:/ to ,--., the le"islature has set aside funds for the operation of CESB. Respondent Co ission, however, invo*es Section ,:, Chapter ., Subtitle A. Title &, Boo* < of the Ad inistrative Code of ,-9: as the source of its power to abolish the CESB. Section ,: provides2 Sec. ,:. Or&a izatio a) Structure. G Each office of the Co ission shall be headed b% a $irector with at least one Assistant $irector, and a% have such divisions as are necessar% independent constitutional bod%, the Co ission a% effect chan"es in the or"ani=ation as the need arises.

But as well pointed out b% petitioner and the Solicitor Beneral, Section ,: ust be read to"ether with Section ,I of the said Code which enu erates the offices under the respondent Co ission, viz2 Sec. ,I. O!!ice# i the Co**i##io . G The Co ission shall have the followin" offices2

',( The O!!ice o! the Executive Director headed b% an E!ecutive $irector, with a $eput% E!ecutive $irector shall i ple ent policies, standards, rules and re"ulations pro ul"ated b% the Co ission8 coordinate the pro"ra s of the offices of the Co ission and render periodic reports on their operations, and perfor such other functions as a% be assi"ned b% the Co ission. '+( The Merit S(#te* Protectio Boar" co posed of a Chair an and two '+( shall have the followin" functions2 !!! !!! !!! '.( The O!!ice o! Le&a) A!!air# shall provide the Chair an with le"al advice and assistance8 render counsellin" services8 underta*e le"al studies and researches8 prepare opinions and rulin" in the interpretation and application of the Civil Service law, rules and re"ulations8 prosecute violations of such law, rules and re"ulations8 and represent the Co ission before an% court or tribunal. '1( The O!!ice o! P)a i & a " Ma a&e*e t shall for ulate develop ent plans, pro"ra s and pro?ects8 underta*e research and studies on the different aspects of public personnel ana"e ent8 ad inister ana"e ent i prove ent pro"ra s8 and provide fiscal and bud"etar% services. '/( The Ce tra) A"*i i#trative O!!ice shall provide the Co financial, lo"istics and other basic support services. ission with personnel, e bers

'I( The O!!ice o! Ce tra) Per#o e) Recor"# shall for ulate and i ple ent policies, standards, rules and re"ulations pertainin" to personnel records aintenance, securit%, control and disposal8 provide stora"e and e!tension services8 and provide and aintain librar% services. ':( The O!!ice o! Po#itio C)a##i!icatio a " Co*$e #atio shall for ulate and i ple ent policies, standards, rules and re"ulations relative to the ad inistration of position classification and co pensation. '9( The O!!ice o! Recruit*e t% Exa*i atio a " P)ace*e t shall provide leadership and assistance in developin" and i ple entin" the overall Co ission pro"ra s relatin" to recruit ent, e!ecution and place ent, and for ulate policies, standards, rules and re"ulations for the proper i ple entation of the Co issionJs e!a ination and place ent pro"ra s. '-( The O!!ice o! Career S(#te*# a " Sta "ar"# shall provide leadership and assistance in the for ulation and evaluation of personnel s%ste s and standards relative to perfor ance appraisal, erit pro otion, and e plo%ee incentive benefit and awards. ',F( The O!!ice o! +u*a Re#ource Deve)o$*e t shall provide leadership and assistance in the develop ent and retention of >ualified and efficient wor* force in the Civil Service8 for ulate standards for trainin" and staff develop ent8 ad inister service0wide scholarship pro"ra s8 develop trainin" literature and aterials8 coordinate and inte"rate all trainin" activities and evaluate trainin" pro"ra s. ',,( The O!!ice o! Per#o e) I #$ectio a " Au"it shall develop policies, standards, rules and re"ulations for the effective conduct or inspection and audit personnel and personnel ana"e ent pro"ra s and the e!ercise of dele"ated authorit%8 provide technical and advisor% services to Civil Service Re"ional )ffices and "overn ent a"encies in the i ple entation of their personnel pro"ra s and evaluation s%ste s. ',+( The O!!ice o! Per#o e) Re)atio # shall provide leadership and assistance in the develop ent and i ple entation of policies, standards, rules and re"ulations in the accreditation of e plo%ee associations or or"ani=ations and in the ad?ust ent and settle ent of e plo%ee "rievances and ana"e ent of e plo%ee disputes.

',.( The O!!ice o! Cor$orate A!!air# shall for ulate and i ple ent policies, standards, rules and re"ulations "overnin" corporate officials and e plo%ees in the areas of recruit ent, e!a ination, place ent, career develop ent, erit and awards s%ste s, position classification and co pensation, perfor in" appraisal, e plo%ee welfare and benefit, discipline and other aspects of personnel ana"e ent on the basis of co parable industr% practices. ',1( The O!!ice o! Retire*e t A"*i i#tratio shall be responsible for the enforce ent of the constitutional and statutor% provisions, relative to retire ent and the re"ulation for the effective i ple entation of the retire ent of "overn ent officials and e plo%ees. ',/( The Re&io a) a " Fie)" O!!ice#. G The Co ission shall have not less than thirteen ',.( Re"ional offices each to be headed b% a $irector, and such field offices as a% be needed, each to be headed b% an official with at least the ran* of an Assistant $irector. As read to"ether, the inescapable conclusion is that respondent Co issionJs power to reor"ani=e is li ited to offices under its control as enu erated in Section ,I, #u$ra. #ro its inception, the CESB was intended to be an autono ous entit%, albeit ad inistrativel% attached to respondent Co ission. As conceptuali=ed b% the Reor"ani=ation Co ittee ;the CESB shall be autono ous. &t is e!pected to view the proble of buildin" up e!ecutive anpower in the "overn ent with a broad and positive outloo*.; 6 The essential autono ous character of the CESB is not ne"ated b% its attach ent to respondent Co ission. B% said attach ent, CESB was not ade to fall within the control of respondent Co ission. 4nder the Ad inistrative Code of ,-9:, the purpose of attachin" one functionall% inter0related "overn ent a"enc% to another is to attain ;polic% and pro"ra coordination.; This is clearl% etched out in Section .9'.(, Chapter :, Boo* &< of the aforecited Code, to wit2 '.( Attach*e t. G 'a( This refers to the lateral relationship between the depart ent or its e>uivalent and attached a"enc% or corporation for purposes of polic% and pro"ra coordination. The coordination a% be acco plished b% havin" the depart ent represented in the "overnin" board of the attached a"enc% or corporation, either as chair an or as a e ber, with or without votin" ri"hts, if this is per itted b% the charter8 havin" the attached corporation or a"enc% co pl% with a s%ste of periodic reportin" which shall reflect the pro"ress of pro"ra s and pro?ects8 and havin" the depart ent or its e>uivalent provide "eneral policies throu"h its representative in the board, which shall serve as the fra ewor* for the internal policies of the attached corporation or a"enc%. Respondent Co ission also relies on the case of Datu*a o &% et a).% v#. Civi) Service Co**i##io , B. R. No. ,,1.9F where the petition assailin" the abolition of the CESB was dis issed for lac* of cause of action. Suffice to state that the reliance is isplaced considerin" that the cited case was dis issed for lac* of standin" of the petitioner, hence, the lac* of cause of action. &N <&E5 56ERE)#, the petition is "ranted and Resolution No. -.01./- of the respondent Co hereb% annulled and set aside. No costs. S) )R$ERE$. Narva#a% C,-,% Fe)icia o% Pa"i))a% Bi"i % Re&a)a"o% Davi"e% -r,% Ro*ero% Be))o#i))o% Me)o% .uia#o % /itu&% 0a$u a a " Me "oza% --,% co cur, ission is

oo'(o')* , To"ether with twent%0si! '+I( others. + Patricia A. Sto. To as 'Chair an(, Ra on P. Ereneta, @r., ' e ber( and Thel a P. Ba inde ' e ber(. . )n #ebruar% ,., ,--/, respondent CSC anifested that the President appointed petitioner to CES) ran* on @anuar% -, ,--/. 6er appoint ent, however, has not rendered oot the broader issue of whether or not the abolition of Career E!ecutive Service Board is valid.

1 P. $. No. , was later a ended b% P.$. No. ..I and P.$. No. .I: on the co position of the CESB8 P.$. No. 9F: and E.). No. +-+ 'Ad inistrative Code of ,-9:( reiterated the functions of the CESB. The Beneral Appropriations Acts fro ,-:/ to ,--. also unifor l% appropriated funds for the CESB. / I. AM @4R +d section .F. I Reor"ani=ation Panel Reports, <ol. &&, pp. ,I to 1- a# cite" in Petition, p. ,:.