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Eugenio vs Csc

Eugenio vs Csc

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Published by Kenneth Ray Agustin

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Published by: Kenneth Ray Agustin on Jan 24, 2013
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01/29/2013

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Eugenio vs.

CSC, 243 SCRA 196 (1995)

FACTS: Eugenio, the Deputy Director of Philippine Nuclear Research Institute, applied for a Career Executive Service (CES) Eligibility and a CESO rank. But before she got the rank, the CSC passed Resolution No. 93459, reorganizing itself and changing the CES Board (CESB) to Office for Career Executive Service of the Civil Service Commission (OCES). ISSUE: W/N CSC usurped legislative function of Congress by abolishing the CESB and transferring its budget to OCES HELD: CESB was created by PD 1. It cannot be disputed, therefore, that as CESB was created by law, it can only be abolished by the legislature. While CSC has the power to reorganize under Sec. 17, Chap. 3, Subtitle A, Title I, Bk. V. of the Administrative Code of 1987, this must be read with sec. 16, which enumerates the offices under the control of the CSC. CESB is not one of such offices. CESB was intended to be an autonomous entity, albeit administratively attached to CSC. This essential autonomous character of the CESB is not negated by its attachment to respondent Commission. By said attachment, CESB was not made to fall within the control of respondent Commission. Under the Administrative Code of 1987, the purpose of attaching one functionally inter-related government agency to another is to attain “policy and program coordination.

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