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Title : Bagaoisan vs National Tobacco Administration

Citation : G.R. No. 152845


August 5, 2003
Ponente : VITUG, J.:
Facts :
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 :
Whether or not, the reorganization of the national tobacco administration is valid true issuance
of executive orderby the president.

Held :

According to the supreme court, the president 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. Let entry of judgment be made in due course. No costs.