DENR VS DENR Region 12 Employees

August 19, 2003

Constitutional Provision:
Sec. 17 Art. VII
The President shall have control of all the executive departments, bureaus and offices. He shall ensure
that the laws be faithfully executed.

Facts:
 On November 15, 1999, the Regional Executive Director (REDs) of DENR for Region XII, Israel
C. Gaddie issued a Memo. directing the immediate transfer of DENR Regional Office XII from
Cotabato to Koronadal, South Cotabato
o This is in pursuance of AO No. 99-14 issued by DENR Secretary Cerilles: Providing for
Redefinition of Function and Realignment of Admin Units in the Regional offices and
Field offices
 AO is in pursuance of EO 192 Sec. 1 dated June 1987 which authorized REDs to
realign/relocate existing CENRO (Community Environment and Natural
Resources Office) pending the approval of the government wide reorganization
by Congress
 Respondents, employees of DENR Region XII and members of COURAGE represented by their
president Baguindania filed in RTC Cotabato preliminary injunction
o RTC affirmed and issued TRO
o Petitioner filed MR: RTC denied
 Petitioner filed a petition for certiorari in CA
o CA dismiss for procedural infirmity
o MR was likewise denies

Issues:
(1) W/N the court can take cognizance of the case given the procedural infirmity? YES
 GR: procedural rule cannot be disregarded
 However the court held that rule of procedure will frustrate justice, its application can be
suspended.
 Hence even if no appeal was made during the reglementary period, the court exempted it
from the rule since it will be an oppressive exercise of justice.
(2) Whether the DENR Secretary has the authority to reorganize the DENR?
 RA No. 6734 and EO 429 were validated by Court in Chiongban (known as Organic Act:
legal basis of the power of the President to reorganize except administrative region under
ARMM).
 Under the doctrine of qualified political agency, all executive and administrative are
adjuncts of the Executive of the government and hence the Secretaries of such
department can act as the alter ego of the President except when the Constitution, law
or exigencies of the situation require him to act personally.
 The power of the REDs to reorganize. This is corollary to the power of the President under
Sec. 17 Art. VII of the Constitution.
(3) Whether DAO-99-14 and the Memorandum implementing the same were valid?
 The preamble of DAO 99-14 provides that it aims to achieve efficiency and effectiveness in
the delivery of its services.
 Hence even if there are controversies such as lack of building, the decision being
implemented during Ramadan, lack of consultation with the Sanggunian Panglungsod, the
court cannot inquire into the wisdom of the acts of the executive or legislative by principle
of separation of powers.