Case Digest Bagaoisan vs National Tobacco Administration

Title

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Bagaoisan vs National Tobacco Administration

Citation

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G.R. No. 152845 August 5, 2003

Ponente

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Facts

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VITUG, J.:

The petitioner was terminated from their position in the National Tobacco Administration as a result of the executive order issued by then president Estrada which mandates for the stream lining of the national tobacco administration, a government agency under the department of agriculture. The petitioners filed a letter of appeal to the civil service commission to recall the Organization Structure And Staffing Pattern (OSSP). Petitioner all file a petition for certiorari with prohibition an mandamus with prayer for preliminary mandatory injunction and a temporary restraining order with the regional trial court of Batak to prevent the respondent from enforcing the notice of termination and from ousting the petitioners in their respective offices. The regional trial court issued an order ordering the National Tobacco Administration to appoint the petitioner to the OSSP to position similar to the one that they hold before. The National Tobacco Administration appealed to the court of appeals who reversed the decision of the RTC. Petitioner appealed to the Supreme Court.

Issue

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Whether or not, the reorganization of the national tobacco administration is valid true issuance of executive orderby the president.

Held

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According to the supreme supreme court, the president has has the power to reorganized an office to achieve simplicity ,economy and efficiency as provided under executive order 292 sec. 31 and section 48 of RA 7645 which provides that activities of executive agencies may be scaled down if it is no longer essential for the delivery of public service.

WHEREFORE, the Motion to Admit Petition for En Banc resolution and the Petition for an En Banc Resolution are DENIED for lack of merit. L et entry of judgment be made in due course. No costs.