G.R. No. 142801-802 – 413 Phil. 281 – 360 SCRA 718 – Political Law – Law on Public Officers – Security of Tenure in a Public Office – No Vested Right to a Public Office – Power to Create and Destroy Public Office
During the time of President Corazon Aquino, she 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 Court’s 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 petition has merit.
HELD: No. It is 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 president’s 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, TF 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.
