G.R. No. 115863 – 312 Phil. 1145 – 280 SCRA 713 – Political Law – Law on Public Officers – Creation and Abolition of a Public Office is Essentially Legislative
Constitutional Law – Separation of Powers – Legislative Powers; Power to Create Public Office
In 1993, Aida Eugenio passed the Career Executive Service Eligibility (CES). She was then recommended to be appointed as a Civil Service Officer Rank IV. But her appointment to said rank was impeded when in the same year, the Civil Service Commission (CSC) abolished the Career Executive Service Board (CESB). CESB is the office tasked with promulgating rules, standards, and procedures on the selection, classification and compensation of the members of the Career Executive Service.
Eugenio then assailed the resolution which abolished CESB. She averred that the CSC does not have the power to abolish CESB because the same was created by law (P.D. 1). CSC on the other hand argued that it has the power to do so pursuant to the Administrative Code of 1987 which granted the CSC the right to reorganize the CSC.
ISSUE: Whether or not the Civil Service Commission may validly abolish the Career Executive Service Board.
HELD: No. The CESB is created by law. It can only be abolished by the legislature. The creation and abolition of public offices is primarily a legislative function, except for Constitutional offices. The power to restructure granted to the CSC is limited to offices under it. The law that created the CESB intended said office to be an autonomous entity although it is administratively attached to the CSC.
