Title : Buklod ng Kawaning EIIB vs Zamora

Citation : G.R. Nos. 142801-802

July 10, 2001
Ponente : SANDOVAL-GUTIERREZ, J.:
Facts :
President Corazon Aquino created the Economic Intelligence and Investigation Bureau (EIIB) to
primarily conduct anti-smuggling operations in areas outside the jurisdiction of the Bureau of Customs.
In the year 2000, President Estrada issued an order deactivating the EIIB. He subsequently
ordered the employees of EIIB to be separated from the service. Thereafter, he created the Presidential
Anti-Smuggling Task Force Aduana, which EIIB employees claim to be essentially the same as EIIB. The
employees of EIIB, through the Buklod ng Kawaning EIIB, invoked the Supreme Courts power of judicial
review in questioning the said orders. EIIB employees maintained that the president has no power to
abolish a public office, as that is a power solely lodged in the legislature; and that the abolition violates
their constitutional right to security of tenure.

Issue :
Whether or not the president has the power to abolish public office?

Held :
As a general rule that the power to abolish a public office is lodged with the legislature. The
exception is when it comes to agencies, bureaus, and other offices under the executive department, the
president may deactivate them pursuant to control power over such offices, unless such office is created
by the Constitution. This is also germane to the presidents power to reorganize the Office of the
President. Basis of such power also has its roots in two laws i.e., PD 1772 and PD 1416. These decrees
expressly grant the President of the Philippines the continuing authority to reorganize the national
government, which includes the power to group, consolidate bureaus and agencies, to abolish offices, to
transfer functions, to create and classify functions, services and activities and to standardize salaries and
materials.
Also, it cannot be said that there is bad faith in the abolition of EIIB. EIIB allocations has always
exceeded P100 million per year. To save the government some money, it needed to abolish it and
replace it with TF Aduana which has for its allocation just P50 million. Further, TYF Aduana is invested
more power that EIIB never had, i.e., search and seizure and arrest.
Lastly, EEIB employees right to security of tenure is not violated. Since there is no bad faith in
the abolition of EIIB, such abolition is not infirm. Valid abolition of offices is neither removal nor
separation of the incumbents. If the public office ceases to exist, there is no separation or dismissal to
speak of. Indeed, there is no such thing as an absolute right to hold office. Except constitutional offices
which provide for special immunity as regards salary and tenure, no one can be said to have any vested
right in an office or its salary.