Bagaoisan Vs National Tabacco Association

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DRIANITA BAGAOISAN vs.

NATIONAL TOBACCO
ADMINISTRATION

G.R. No. 152845               August 5, 2003

VITUG, J.:

Facts:

E.O. No. 36 was issued, amending E.O. No. 29 entitled "Mandating


the Streamlining of the National Tobacco Administration (NTA)",
increasing 400 to 750 positions affected thereby. In compliance
therewith, the NTA prepared and adopted a new Organization
Structure and Staffing Pattern (OSSP).

The rank and file employees of NTA Batac filed a letter-appeal with
the Civil Service Commission and sought its assistance in recalling
the OSSP. However, petitioners, all occupying different positions at
the NTA office received individual notices of termination of their
employment. Petitioners filed a petition with the Regional Trial Court
/c ordered the NTA to appoint petitioners in the new OSSP to
positions similar or comparable to their respective former
assignments. A motion for reconsideration filed by the NTA was
denied. Upon appeal, the Court of Appeals reversd and set aside the
assailed orders. Hence, the present petition.

Issue:

WON the President, through the issuance of an executive order, can


validly carry out the reorganization of the NTA.

Ruling:

Ys. Article VII, Section 17, of the Constitution, expressly grants the
President control of all executive departments, bureaus, agencies
and offices which may justify an executive action to inactivate the
functions of a particular office or to carry out reorganization
measures under a broad authority of law. RA No. 8522 has decreed
that the President may direct changes in the organization and key
positions in any department, bureau or agency pursuant to the
Constitution, which grants to the Executive Department the authority
to recommend the budget necessary for its operation. Evidently, this
grant of power includes the authority to evaluate each and every
government agency, including the determination of the most
economical and efficient staffing pattern, under the Executive
Department.

In the present instance, involving neither an abolition nor transfer


of offices, the assailed action is a mere reorganization under the
general provisions of the law consisting mainly of streamlining the
NTA in the interest of simplicity, economy and efficiency. It is an act
well within the authority of President motivated and carried out,
according to the findings of the appellate court, in good faith, a
factual assessment that this Court could only but accept.

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