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EUGENIO vs.

CIVIL SERVICE COMMISSION (PRESH) standards, and procedures on the selection, classification and compensation
March 31, 1995 | Puno, J. | Definition of Administrative Relationship- Attachment - of the members of the Career Executive Service
CESB 4. The resolution became an impediment. to the appointment of Eugenio as
PETITIONER: Aida D. Eugenio Civil Service Officer, Rank IV. Finding herself bereft of further
RESPONDENTS: Civil Service Commission, Hon. Teofisto T. Guingona, Jr. & administrative relief as the Career Executive Service Board which
Hon. Salvador Enriquez, Jr. recommended her CESO Rank IV has been abolished, Eugenio filed the
petition at bench to annul the resolution.
SUMMARY: 5. Eugenio then assailed the resolution which abolished CESB. She averred
In 1993, Aida Eugenio passed the Career Executive Service Eligibility (CES). She that the CSC does not have the power to abolish CESB because the same
was then recommended to be appointed as a Civil Service Officer Rank IV. But her was created by law (P.D. 1) and by doing so, it usurped the legislative
appointment to said rank was impeded when in the same year, the Civil Service funcions of Congress and violated the Constitution.
Commission (CSC) abolished the Career Executive Service Board (CESB). CESB 6. The Solicitor General agreed with the contentions of petitioner. CSC,
is the office tasked with promulgating rules, standards, and procedures on the however, argued that the integration of the CESB into the CSC is authorized
selection, classification and compensation of the members of the Career Executive by law pursuant to Sec. 12(1), Title I, Subtitle A, Book V of the
Service. Administrative Code of the 1097 which granted the CSC the right to
Eugenio then assailed the resolution which abolished CESB. She averred that the reorganize the CSC.
CSC does not have the power to abolish CESB because the same was created by ISSUES:
law (P.D. 1). CSC on the other hand argued that it has the power to do so pursuant 1. Whether or not the Civil Service Commission may validly abolish the
to the Administrative Code of 1987 which granted the CSC the right to reorganize Career Executive Service Board. NO.
the CSC.
The issue in this case is WoN the Civil Service Commission may validly abolish RULING: IN VIEW WHEREOF, the petition is granted and Resolution No. 93-
the Career Executive Service Board. – No. The CESB is created by law. It can only 4359 of the respondent Commission is hereby annulled and set aside. No costs.
be abolished by the legislature. The creation and abolition of public offices is
primarily a legislative function, except for Constitutional offices. The power to RATIO:
restructure granted to the CSC is limited to offices under it. The law that created the 1. The controlling fact is that the Career Executive Service Board (CESB) was
CESB intended said office to be an autonomous entity although it is created in the Presidential Decree (P.D.) No. 1 on September 1,
administratively attached to the CSC. 19744 which adopted the Integrated Plan.
2. It cannot be disputed, therefore, that as the CESB was created by law,
DOCTRINE: it can only be abolished by the legislature. This follows an unbroken
The CESB was intended to be an autonomous entity, albeit administratively stream of rulings that the creation and abolition of public offices is
attached to respondent Commission. By said attachment, CESB was not made to primarily a legislative function. AM JUR 2d on Public Officers and
fall within the control of respondent Commission. Attachment refers to lateral Employees provides:
relationship between the department or its equivalent and attached agency or Except for such offices as are created by the Constitution, the creation of
corporation for purposes of policy and program coordination. public offices is primarily a legislative function. An office created
by the legislature is wholly within the power of that body, and it
FACTS: may prescribe the mode of filling the office and the powers and
1. Aida Eugenio is the Deputy Director of the Philippine Nuclear Research duties of the incumbent, and if it sees fit, abolish the office.
Institute. She applied for a Career Executive Service (CES) Eligibility and a 3. In the petition at bench, the legislature has not enacted any law authorizing
CESO rank on August 2, 1993, she was given a CES eligibility. On the abolition of the CESB. On the contrary, in all the General
September 15, 1993, she was recommended to the President for a CESO Appropriations Acts from 1975 to 1993, the legislature has set aside funds
rank by the Career Executive Service Board. for the operation of CESB.
2. However, in October of the same year, respondent Civil Service
Commission2 passed Resolution No. 93-4359.The resolution provides that
Civil Service shall be administered by the Civil Service Commission.
3. The Civil Service Commission (CSC) abolished the Career Executive
Service Board (CESB). CESB is the office tasked with promulgating rules,
4. Respondent CSC, however, invokes Section 172, Chapter 3, Subtitle A.
Title I, Book V of the Administrative Code of 1987 as the source of its
power to abolish the CESB.
5. Eugenio and the Solicitor General pointed out that Section 17 must be read
together with Section 16 of the said Code which enumerates the offices
under the respondent Commission.
6. As read together, the conclusion is that respondent Commission's power to
reorganize is limited to offices under its control as enumerated in Section
16. From its inception, the CESB was intended to be an autonomous
entity, albeit administratively attached to respondent Commission. As
conceptualized by the Reorganization Committee "the CESB shall be
autonomous. It is expected to view the problem of building up executive
manpower in the government with a broad and positive outlook."
7. The essential autonomous character of the CESB is not negated by its
attachment to respondent Commission. By said attachment, CESB was
not made to fall within the control of respondent Commission. Under
the Administrative Code of 1987, the purpose of attaching one functionally
inter-related government agency to another is to attain "policy and program
coordination." This is clearly etched out in Section 38(3), Chapter 7, Book
IV of the aforecited Code, to wit:
(3) Attachment. — (a) This refers to the lateral relationship between the
department or its equivalent and attached agency or corporation for
purposes of policy and program coordination. The coordination
may be accomplished by having the department represented in the
governing board of the attached agency or corporation, either as
chairman or as a member, with or without voting rights, if this is
permitted by the charter; having the attached corporation or agency
comply with a system of periodic reporting which shall reflect the
progress of programs and projects; and having the department or
its equivalent provide general policies through its representative in
the board, which shall serve as the framework for the internal
policies of the attached corporation or agency.

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Sec. 17. Organizational Structure. — Each office of the Commission
shall be headed by a Director with at least one Assistant Director, and may
have such divisions as are necessary independent constitutional body, the
Commission may effect changes in the organization as the need arises.

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