G.R. No.

115863 March 31, 1995 power, among others, to administer and enforce the
constitutional and statutory provisions on the merit system
AIDA D. EUGENIO, petitioner,  for all levels and ranks in the Civil Service;
vs.
CIVIL SERVICE COMMISSION, HON. TEOFISTO T. GUINGONA, JR. & WHEREAS, Section 7, Title I, Subtitle A, Book V of the
HON. SALVADOR ENRIQUEZ, JR., respondents. Administrative Code of 1987 Provides, among others, that
The Career Service shall be characterized by (1) entrance
PUNO, J.: based on merit and fitness to be determined as far as
practicable by competitive examination, or based highly
The power of the Civil Service Commission to abolish the Career Executive technical qualifications; (2) opportunity for advancement to
Service Board is challenged in this petition for certiorari and prohibition. higher career positions; and (3) security of tenure;

First the facts. Petitioner is the Deputy Director of the Philippine Nuclear WHEREAS, Section 8 (c), Title I, Subtitle A, Book V of the
Research Institute. She applied for a Career Executive Service (CES) administrative Code of 1987 provides that "The third level
Eligibility and a CESO rank on August 2, 1993, she was given a CES shall cover Positions in the Career Executive Service";
eligibility. On September 15, 1993, she was recommended to the President
for a CESO rank by the Career Executive Service Board. 1 WHEREAS, the Commission recognizes the imperative
need to consolidate, integrate and unify the administration of
All was not to turn well for petitioner. On October 1, 1993, respondent Civil all levels of positions in the career service.
Service Commission2 passed Resolution No. 93-4359, viz:
WHEREAS, the provisions of Section 17, Title I, Subtitle A.
RESOLUTION NO. 93-4359 Book V of the Administrative Code of 1987 confers on the
Commission the power and authority to effect changes in its
WHEREAS, Section 1(1) of Article IX-B provides that Civil organization as the need arises.
Service shall be administered by the Civil Service
Commission, . . .; WHEREAS, Section 5, Article IX-A of the Constitution
provides that the Civil Service Commission shall enjoy fiscal
WHEREAS, Section 3, Article IX-B of the 1987 Philippine autonomy and the necessary implications thereof;
Constitution provides that "The Civil Service Commission, as
the central personnel agency of the government, is NOW THEREFORE, foregoing premises considered, the
mandated to establish a career service and adopt measures Civil Service Commission hereby resolves to streamline
to promote morale, efficiency, integrity, responsiveness, reorganize and effect changes in its organizational structure.
progresiveness and courtesy in the civil service, . . ."; Pursuant thereto, the Career Executive Service Board, shall
now be known as the Office for Career Executive Service of
WHEREAS, Section 12 (1), Title I, Subtitle A, Book V of the the Civil Service Commission. Accordingly, the existing
Administrative Code of 1987 grants the Commission the personnel, budget, properties and equipment of the Career
 Executive Service Board shall now form part of the Office for A.
Career Executive Service.
IN VIOLATION OF THE CONSTITUTION, RESPONDENT
The above resolution became an impediment. to the appointment of COMMISSION USURPED THE LEGISLATIVE FUNCTIONS
petitioner as Civil Service Officer, Rank IV. In a letter to petitioner, dated OF CONGRESS WHEN IT ABOLISHED THE CESB, AN
June 7, 1994, the Honorable Antonio T. Carpio, Chief Presidential legal OFFICE CREATED BY LAW, THROUGH THE ISSUANCE
Counsel, stated: OF CSC: RESOLUTION NO. 93-4359;

xxx xxx xxx B.

On 1 October 1993 the Civil Service Commission issued ALSO IN VIOLATION OF THE CONSTITUTION,
CSC Resolution No. 93-4359 which abolished the Career RESPONDENT CSC USURPED THE LEGISLATIVE
Executive Service Board. FUNCTIONS OF CONGRESS WHEN IT ILLEGALLY
AUTHORIZED THE TRANSFER OF PUBLIC MONEY,
Several legal issues have arisen as a result of the issuance THROUGH THE ISSUANCE OF CSC RESOLUTION NO.
of CSC Resolution No. 93-4359, including whether the Civil 93-4359.
Service Commission has authority to abolish the Career
Executive Service Board. Because these issues remain Required to file its Comment, the Solicitor General agreed with the
unresolved, the Office of the President has refrained from contentions of petitioner. Respondent Commission, however, chose to
considering appointments of career service eligibles to defend its ground. It posited the following position:
career executive ranks.
ARGUMENTS FOR PUBLIC RESPONDENT-CSC
xxx xxx xxx
I. THE INSTANT PETITION STATES NO CAUSE OF
You may, however, bring a case before the appropriate ACTION AGAINST THE PUBLIC RESPONDENT-CSC.
court to settle the legal issues arising from issuance by the
Civil Service Commission of CSC Resolution No. 93-4359, II. THE RECOMMENDATION SUBMITTED TO THE
for guidance of all concerned. PRESIDENT FOR APPOINTMENT TO A CESO RANK OF
PETITIONER EUGENIO WAS A VALID ACT OF THE
Thank You. CAREER EXECUTIVE SERVICE BOARD OF THE CIVIL
SERVICE COMMISSION AND IT DOES NOT HAVE ANY
Finding herself bereft of further administrative relief as the Career DEFECT.
Executive Service Board which recommended her CESO Rank IV has
been abolished, petitioner filed the petition at bench to annul, among III. THE OFFICE OF THE PRESIDENT IS ESTOPPED
others, resolution No. 93-4359. The petition is anchored on the following FROM QUESTIONING THE VALIDITY OF THE
arguments: RECOMMENDATION OF THE CESB IN FAVOR OF
 PETITIONER EUGENIO SINCE THE PRESIDENT HAS 2. A Career Executive Service hereinafter referred to in this
PREVIOUSLY APPOINTED TO CESO RANK FOUR (4) Chapter as the Board, is created to serve as the governing
OFFICIALS SIMILARLY SITUATED AS SAID PETITIONER. body of the Career Executive Service. The Board shall
FURTHERMORE, LACK OF MEMBERS TO CONSTITUTE consist of the Chairman of the Civil Service Commission as
A QUORUM. ASSUMING THERE WAS NO QUORUM, IS presiding officer, the Executive Secretary and the
NOT THE FAULT OF PUBLIC RESPONDENT CIVIL Commissioner of the Budget as ex-officio members and two
SERVICE COMMISSION BUT OF THE PRESIDENT WHO other members from the private sector and/or the academic
HAS THE POWER TO APPOINT THE OTHER MEMBERS community who are familiar with the principles and methods
OF THE CESB. of personnel administration.

IV. THE INTEGRATION OF THE CESB INTO THE xxx xxx xxx
COMMISSION IS AUTHORIZED BY LAW (Sec. 12 (1), Title
I, Subtitle A, Book V of the Administrative Code of the 1987). 5. The Board shall promulgate rules, standards and
THIS PARTICULAR ISSUE HAD ALREADY BEEN procedures on the selection, classification, compensation
SETTLED WHEN THE HONORABLE COURT DISMISSED and career development of members of the Career
THE PETITION FILED BY THE HONORABLE MEMBERS Executive Service. The Board shall set up the organization
OF THE HOUSE OF REPRESENTATIVES, NAMELY: and operation of the service. (Emphasis supplied)
SIMEON A. DATUMANONG, FELICIANO R. BELMONTE,
JR., RENATO V. DIAZ, AND MANUEL M. GARCIA IN G.R. It cannot be disputed, therefore, that as the CESB was created by law, it
NO. 114380. THE AFOREMENTIONED PETITIONERS can only be abolished by the legislature. This follows an unbroken stream
ALSO QUESTIONED THE INTEGRATION OF THE CESB of rulings that the creation and abolition of public offices is primarily a
WITH THE COMMISSION. legislative function. As aptly summed up in AM JUR 2d on Public Officers
and 
We find merit in the petition.3 Employees, 5 viz:

The controlling fact is that the Career Executive Service Board (CESB) was Except for such offices as are created by the Constitution,
created in the Presidential Decree (P.D.) No. 1 on September 1, the creation of public offices is primarily a legislative
19744 which adopted the Integrated Plan. Article IV, Chapter I, Part of the function. In so far as the legislative power in this respect is
III of the said Plan provides: not restricted by constitutional provisions, it supreme, and
the legislature may decide for itself what offices are suitable,
Article IV — Career Executive Service necessary, or convenient. When in the exigencies of
government it is necessary to create and define duties, the
1. A Career Executive Service is created to form a legislative department has the discretion to determine
continuing pool of well-selected and development oriented whether additional offices shall be created, or whether these
career administrators who shall provide competent and duties shall be attached to and become ex-officio duties of
faithful service. existing offices. An office created by the legislature is wholly
 within the power of that body, and it may prescribe the mode xxx xxx xxx
of filling the office and the powers and duties of the
incumbent, and if it sees fit, abolish the office. (3) The Office of Legal Affairs shall provide the Chairman
with legal advice and assistance; render counselling
In the petition at bench, the legislature has not enacted any law authorizing services; undertake legal studies and researches; prepare
the abolition of the CESB. On the contrary, in all the General opinions and ruling in the interpretation and application of
Appropriations Acts from 1975 to 1993, the legislature has set aside funds the Civil Service law, rules and regulations; prosecute
for the operation of CESB. Respondent Commission, however, invokes violations of such law, rules and regulations; and represent
Section 17, Chapter 3, Subtitle A. Title I, Book V of the Administrative Code the Commission before any court or tribunal.
of 1987 as the source of its power to abolish the CESB. Section 17
provides: (4) The Office of Planning and Management shall formulate
development plans, programs and projects; undertake
Sec. 17. Organizational Structure. — Each office of the research and studies on the different aspects of public
Commission shall be headed by a Director with at least one personnel management; administer management
Assistant Director, and may have such divisions as are improvement programs; and provide fiscal and budgetary
necessary independent constitutional body, the Commission services.
may effect changes in the organization as the need arises.
(5) The Central Administrative Office shall provide the
But as well pointed out by petitioner and the Solicitor General, Section 17 Commission with personnel, financial, logistics and other
must be read together with Section 16 of the said Code which enumerates basic support services.
the offices under the respondent Commission, viz:
(6) The Office of Central Personnel Records shall formulate
Sec. 16. Offices in the Commission. — The Commission and implement policies, standards, rules and regulations
shall have the following offices: pertaining to personnel records maintenance, security,
control and disposal; provide storage and extension
(1) The Office of the Executive Director headed by an services; and provide and maintain library services.
Executive Director, with a Deputy Executive Director shall
implement policies, standards, rules and regulations (7) The Office of Position Classification and
promulgated by the Commission; coordinate the programs Compensation shall formulate and implement policies,
of the offices of the Commission and render periodic reports standards, rules and regulations relative to the
on their operations, and perform such other functions as administration of position classification and compensation.
may be assigned by the Commission.
(8) The Office of Recruitment, Examination and
(2) The Merit System Protection Board composed of a Placement shall provide leadership and assistance in
Chairman and two (2) members shall have the following developing and implementing the overall Commission
functions: programs relating to recruitment, execution and placement,
and formulate policies, standards, rules and regulations for (13) The Office of Corporate Affairs shall formulate and
the proper implementation of the Commission's examination implement policies, standards, rules and regulations
and placement programs. governing corporate officials and employees in the areas of
recruitment, examination, placement, career development,
(9) The Office of Career Systems and Standards shall merit and awards systems, position classification and
provide leadership and assistance in the formulation and compensation, performing appraisal, employee welfare and
evaluation of personnel systems and standards relative to benefit, discipline and other aspects of personnel
performance appraisal, merit promotion, and employee management on the basis of comparable industry practices.
incentive benefit and awards.
(14) The Office of Retirement Administration shall be
(10) The Office of Human Resource Development shall responsible for the enforcement of the constitutional and
provide leadership and assistance in the development and statutory provisions, relative to retirement and the regulation
retention of qualified and efficient work force in the Civil for the effective implementation of the retirement of
Service; formulate standards for training and staff government officials and employees.
development; administer service-wide scholarship
programs; develop training literature and materials; (15) The Regional and Field Offices. — The Commission
coordinate and integrate all training activities and evaluate shall have not less than thirteen (13) Regional offices each
training programs. to be headed by a Director, and such field offices as may be
needed, each to be headed by an official with at least the
(11) The Office of Personnel Inspection and Audit shall rank of an Assistant Director.
develop policies, standards, rules and regulations for the
effective conduct or inspection and audit personnel and As read together, the inescapable conclusion is that respondent
personnel management programs and the exercise of Commission's power to reorganize is limited to offices under its
delegated authority; provide technical and advisory services control as enumerated in Section 16, supra. From its inception, the
to Civil Service Regional Offices and government agencies CESB was intended to be an autonomous entity, albeit
in the implementation of their personnel programs and administratively attached to respondent Commission. As
evaluation systems. conceptualized by the Reorganization Committee "the CESB shall
be autonomous. It is expected to view the problem of building up
(12) The Office of Personnel Relations shall provide executive manpower in the government with a broad and positive
leadership and assistance in the development and outlook." 6 The essential autonomous character of the CESB is not
implementation of policies, standards, rules and regulations negated by its attachment to respondent Commission. By said
in the accreditation of employee associations or attachment, CESB was not made to fall within the control of
organizations and in the adjustment and settlement of respondent Commission. Under the Administrative Code of 1987,
employee grievances and management of employee the purpose of attaching one functionally inter-related government
disputes. agency to another is to attain "policy and program coordination."
 This is clearly etched out in Section 38(3), Chapter 7, Book IV of the
aforecited Code, to wit:

(3) Attachment. — (a) This refers to the lateral relationship

between the department or its equivalent and attached
agency or corporation for purposes of policy and program
coordination. The coordination may be accomplished by
having the department represented in the governing board
of the attached agency or corporation, either as chairman or
as a member, with or without voting rights, if this is permitted
by the charter; having the attached corporation or agency
comply with a system of periodic reporting which shall reflect
the progress of programs and projects; and having the
department or its equivalent provide general policies through
its representative in the board, which shall serve as the
framework for the internal policies of the attached
corporation or agency.

Respondent Commission also relies on the case of Datumanong, et al.,

vs. Civil Service Commission, G. R. No. 114380 where the petition
assailing the abolition of the CESB was dismissed for lack of cause of
action. Suffice to state that the reliance is misplaced considering that the
cited case was dismissed for lack of standing of the petitioner, hence, the
lack of cause of action.

IN VIEW WHEREOF, the petition is granted and Resolution No. 93-4359 of

the respondent Commission is hereby annulled and set aside. No costs.

SO ORDERED.