DENR vs DENR employees

DENR vs DENR employees

GR 149724 August 19 2003

FACTS

DENR Region XII Executive Director issued a memorandum of transferring its regional office from Cotabato to Koronadal City. The DENR Secretary, within its authority, reorganized the DENR which was assailed that such power to transfer was executive in nature.

ISSUE

Whether or not, the DENR Secretary has the authority to reorganize the DENR.

RULING

Yes, the DENR Secretary has the authority to reorganize the DENR. The exercise of such authority is presumed to be the acts of the President under the alter ego doctrine. Under Section 17 of the 1987 Constitution, the President shall have control of all the executive departments, bureaus and offices, and ensures that laws were faithfully executed. However, he cannot be expected to control or exercise his powers personally so he may delegate powers to his Cabinet except when required to act personally by the Constitution.

In the power of the Chief Executive, reiterates the doctrine of qualified political agency, where in the establishment of a single executive, all executive and administrative organizations are adjuncts of the Executive Branch. The acts of the secretaries of such departments, performed and promulgated in the regular course of business are presumptively the acts of the Chief Executive, unless disapproved or reprobated.