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Section 17, Article VII of the Constitution mandates that The President
shall have control of all executive departments, bureaus and offices. He
shall ensure that the laws be faithfully executed...
Section 62 of Republic Act 7645 (General Appropriations Act [G.A.A.] for
FY 1993) shows that the President is authorized to effect organizational
changes including the creation of offices in the department or agency
concerned.
The Administrative Code of 1987 also provides legal basis for the Chief
Executives authority to reorganize the National Government.
(2)NO, the office was created by authority of law, not by Congress. The
President - through his duly constituted political agent and alter ego, the
DOTC Secretary in the present case - may legally and validly decree the
reorganization of the Department, particularly the establishment of DOTCCAR as the LTFRB Regional Office at the Cordillera Administrative Region,
with the concomitant transfer and performance of public functions and
responsibilities appurtenant to a regional office of the LTFRB.
By the Chief Executives unequivocal act of issuing Administrative Order
No. 36 ordering his alter ego - the DOTC Secretary in the present case - to
effectuate the creation of Regional Offices in the CAR, it is as if the
President himself carried out the creation and establishment of LTFRB-CAR
Regional Office, when in fact, the DOTC Secretary, as alter ego of the
President, directly and merely sought to implement the Chief Executives
Administrative Order.
The personality of the heads of the various departments is in reality but
the projection of that of the President. Thus, their acts, performed and
promulgated in the regular course of business, are, unless disapproved or
reprobated by the Chief Executive, presumptively the acts of the Chief
Executive.
Elementary rule in administrative law and the law on public officers that a
public office may be created through any of the following modes: (1) by
the Constitution (fundamental law), (2) by law (statute duly enacted by
Congress), or (3) by authority of law, thus, Congress can delegate the
power to create positions.
The creation and establishment of LTFRB-CAR Regional Office was made
pursuant to the third mode - by authority of law, which could be decreed
for instance, through an Executive Order (E.O.) issued by the President or
an order of an administrative agency such as the Civil Service
Commission pursuant to Section 17, Book V of E.O. 292, otherwise known
as The Administrative Code of 1987. In this case, the DOTC Secretary
issued the assailed Memorandum and Department Orders pursuant to
Administrative Order No. 36 of the President
Reorganization is regarded as valid provided it is pursued in good faith. As a
general rule, a reorganization is carried out in good faith if it is for the
purpose of economy or to make bureaucracy more efficient. The
reorganization in this case was decreed in the interest of the
HELD/RATIO:
YES. Preclaro asserts that he is not a public officer as defined by Sec. 2(b)
of the Anti-Graft & Corrupt Practices Act (R.A. No. 3019 as amended),
because he was neither elected nor appointed to a public office. Rather, he
maintains that he is merely a private individual hired by the ITDI on
contractual basis for a particular project and for a specified period and that
he was not issued any appointment paper separate from the
abovementioned contract. He was also not required to use the Bundy clock
to record his hours of work and neither did he take an oath of office.
The definition of "public officer" in R.A. No. 3019 according to Sec. 2(b)
thereof "includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or
exemption service receiving compensation, even nominal, from the
government . . ."
- The word "includes" used in defining a public officer in Sec. 2(b)
indicates that the definition is not restrictive. The terms "classified,
unclassified or exemption service" were the old categories of positions in
the civil service which have been reclassified into Career Service and NonCareer Service 11 by PD 807 providing for the organization of the Civil
Service Commission and by the Administrative Code of 1987.
Non-career service in particular is characterized by: (1) entrance on bases
other than those of the usual test of merit and fitness utilized for the
career service; and (2) tenure which is limited to a period specified by
law, or which is coterminous with that of the appointing authority or
subject to his pleasure, or which is limited to the duration of a particular
project for which purpose employment was made.
The Non-Career Service include: (1)...(4) Contractual personnel or those
whose employment in the government is in accordance with a special
contract to undertake a specific work or job, requiring special or technical
skills not available in the employing agency, to be accomplished within a
specific period, which in no case shall exceed one year, and performs or
accomplishes the specific work or job, under his own responsibility with a
minimum of direction and supervision from the hiring agency...
It is quite evident that petitioner falls under the non-career service
category (formerly termed the unclassified or exemption service) of the
Civil Service and thus is a public officer as defined by Sec. 2(b) of the
Anti-Graft & Corrupt Practices Act (R.A. No. 3019).
The fact that petitioner is not required to record his working hours by
means of a Bundy clock or did not take an oath of office became
unessential considerations in view of the provision of law clearly including
petitioner within the definition of a public officer.
MANIEGO V. PEOPLE | Bengzon, 1951
FACTS
February 27, 1947: Maniego, although appointed as a laborer, had been
placed in charge of issuing summons and subpoenas for traffic violations
in the Sala of Judge Crisanto Aragon of the Municipal Court of the City of
Manila. He had been permitted to write motions for dismissal of
prescribed traffic cases against offenders without counsel, and to submit
them to the Court for action, without passing through the regular clerk.
Felix Raba, the complainant, appeared and inquired from the accused
about a subpoena that he received. He was informed that it was in
connection with a traffic violation for which said Rabia had been detained
and given traffic summons by an American MP.
Maniego after a short conversation went to Fiscal De la Merced and
informed the Fiscal that the case had already prescribed. The Fiscal
having found such to be the case, instructed the accused that if the traffic
violator had no lawyer, he could write the motion for dismissal and have it
signed by the party concerned. This was done by the accused and after
the signing by Felix Raba the matter was submitted to the Court, which
granted the petition for dismissal.
Maniego informed Rabia that he could fix the case if Rabia would pay him
P10; which Rabia did and the accused pocketed.
Maniego was convicted, by the Fifth Division of the Court of Appeals, of a
violation of article 210 of the Revised Penal Code. He pleads for acquittal
contending that the Court of Appeals erred in regarding him as a public
officer
ISSUE
WON Maniego was a public officer.
HELD/RATIO
YES. The four essential elements of the offense are: (1) that the accused is
a public officer within the scope of article 203 of the Revised Penal Code; (2)
that the accused received by himself or thru another, some gift or present,
offer or promise; (3) that such gift, present or promise has been given in
consideration of his commission of some crime or any act not constituting a
crime; (4) that the crime or act relates to the exercise of the functions of the
public officer.
Petitioner was a public officer within the meaning of RPC article 203,
which includes all persons "who, by direct provision of law, popular
election or appointment by competent authority, shall take part in the
performance of public functions in the Philippine Government, or shall
perform in said government or any of its branches, public duties as an
employee, agent or subordinate official or any rank or class." This
definition is comprehensive, embracing every public servant from the
highest to the lowest. For the purposes of the Penal Code, it obliterates
the standard distinction in the law of public officers between "officer" and
"employee".
For the purposes of punishing bribery, the temporary performance of
public functions is sufficient to constitute a person a public official.
Although originally appointed as a mere laborer, this defendant was on
several occasions designated or given the work to prepare motions for
dismissal. He was consequently temporarily discharging such public
functions. And as in the performance thereof he accepted, even solicited,
a monetary reward, he is certainly guilty as charged.
Moreover, the receipt of bribe money is just as pernicious when
committed by temporary employees as when committed by permanent
officials.
of R.A. No. 3019, Section 4(a) in relation to Section 11 of R.A. No. 6713,
and Article 217 of the Revised Penal Code.
Reports of the Senate Blue Ribbon and the Saguisag Committee were
apparently referred to the Fact-finding and Intelligence Bureau of the
Office of the Ombudsman. On January 27, 2000, the Bureau issued its
Evaluation Report, recommending that a formal complaint be filed and
preliminary investigation be conducted before the Evaluation and
Preliminary Investigation Bureau (EPIB), Office of the Ombudsman against
former NCC and EXPOCORP chair Salvador H. Laurel, former EXPOCORP
President Teodoro Q. Pea and AK President Edgardo H. Angeles for
violation of Sec. 3(e) and (g) of R.A. No. 3019, as amended in relation to
PD 1594 and COA Rules and Regulations
April 24, 2000: petitioner filed with the Office of the Ombudsman a
Motion to Dismiss questioning the jurisdiction of said office. Ombudsman
denied petitioners motion to dismiss, thus the present petition for
certiorari.
November 14, 2000: the Evaluation and Preliminary Investigation Bureau
issued a resolution finding probable cause to indict respondents
SALVADOR H. LAUREL and TEODORO Q. PEA before the Sandiganbayan.
Ombudsman Aniano A. Desierto approved the resolution with respect to
Laurel but dismissed the charge against Pea.
Petitioner assails the jurisdiction of the Ombudsman on the ground that he
is not a public officer because: EXPOCORP was a private corporation, not s
GOCC, NCC was not a public office, and petitioner, both as Chairman of
the NCC and EXPOCORP was not a public officer as defined under the
ANTI-GRAFT & CORRUPT PRACTICES ACT.
ISSUES
(1)WON the Ombudsman had jurisdiction.
(2)WON NCC performs sovereign functions, making it a public office and its
Chairman a public officer.
RATIO:
(1)YES. The Ombudsman has the power to investigate any malfeasance,
misfeasance and non-feasance by a public officer or employee of the
government, or of any subdivision, agency or instrumentality thereof,
including government-owned or controlled corporations.
The definition of public officers cited in jurisprudence is that provided by
Mechem, a recognized authority on the subject: A public office is the
right, authority and duty, created and conferred by law, by which, for a
given period, either fixed by law or enduring at the pleasure of the
creating power, an individual is invested with some portion of the
sovereign functions of the government, to be exercised by him for the
benefit of the public. The individual so invested is a public officer.
ISSUE
(1)WON the Civil Service Commission had legal authority to issue Resolution
No. 94-3710 to the extent it merged the OCSS [Office of Career Systems
and Standards], the OPIA [Office of Personnel Inspection and Audit] and
the OPR [Office of Personnel Relations], to form the RDO [Research and
Development Office].
(2)WON Resolution No. 94-3710 violated petitioners' constitutional right to
security of tenure.
RATIO:
(1)YES. The Revised Administrative Code of 1987 (Executive Order No. 292
dated 25 July 1987) sets out, in Book V, Title I, Subtitle A, Chapter 3, the
internal structure and organization of the Commission. Sec. 16
enumerates the Offices in the Commission. Sec. 17 describes the
Organizational Structure--...As an independent constitutional body, the
Commission may effect changes in the organization as the need arises.
The OCSS, OPIA and OPR, and as well each of the other Offices listed in
Section 16 consist of aggrupation of Divisions, each of which Divisions is
in turn a grouping of Sections. Each Section, Division and Office comprises
a group of positions within the agency called the Civil Service
Commission. Thus, each Office is an internal department or organizational
unit within the Commission and that accordingly, the OCSS, OPIA and
OPR, as well as all the other Offices within the Commission constitute
administrative subdivisions of the CSC.
What Resolution No. 94-3710 did was to re-arrange some of the
administrative units within the Commission and, among other things,
merge three (3) of them (OCSS, OPIA and OPR) to form a new grouping
organizational unit to another in the same agency; Provided, That such reassignment shall not involve a reduction in rank, status and salary.")
The reassignment of petitioners Fernandez and de Lima from their
previous positions in OPIA and OPR, respectively, to the Research and
Development Office (RDO) in the Central Office of the Commission in
Metropolitan Manila and their subsequent assignment from the RDO to
the Commission's Regional Offices in Regions V and III had been effected
with express statutory authority and did not constitute removals without
lawful cause. It also follows that such re-assignment did not involve any
violation of the constitutional right of petitioners to security of tenure
considering that they retained their positions of Director IV and would
continue to enjoy the same rank, status and salary at their new assigned
stations, which they had enjoyed at the Head Office of the Commission in
Metropolitan Manila. Petitioners had not, in other words, acquired a vested
right to serve at the Commission's Head Office.
The rule which proscribes transfers without consent as anathema to the
security of tenure is predicated upon the theory that the officer involved is
appointed - not merely assigned - to a particular station. In default of any
particular station stated in their respective appointments, no security of
tenure can be asserted by the petitioners on the basis of the mere
assignments, which were given to them. A contrary rule will erase
altogether the demarcation line we have repeatedly drawn between
appointment and assignment as two distinct concepts in the law of public
officers.
The reassignment of petitioners Fernandez and de Lima from their
stations in the OPIA and OPR, respectively, to the Research Development
Office (RDO) and from the RDO to the Commissions' Regional Offices in
Regions V and III, respectively, without their consent, did not constitute a
violation of their constitutional right to security of tenure