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CASE DIGEST: BUKLOD NG KAWANING

EIIB V ZAMORA
Published by symba on July 9, 2013 | Leave a response

BUKLOD NG KAWANING EIIB v ZAMORA

FACTS:

On June 1987 Pres. Cory issued EO 127, establishing the Economic Intelligence and
Investigation Bureau (EIIB) as part of the Ministry of Finance. Aquino issued another
memo providing that the EIIB shall be the agency of primary responsibility for anti
smuggling operations in all land areas and inland water and waterways outside the areas
of sole jurisdiction of the Bureau of Customs. On January 2000 Pres. Estrada issued EO
191 entitled “Deactivation of the EIIB.” The order of deactivation was motivated by the
fact that the designated functions of the EIIB are also being performed by the other exiting
agencies of the government. On March 200, Estrada issued EO 223 providing for the
separation from the service of all personnel of EIIB pursuant to a bona fide reorganization
resulting in the abolition, redundancy, merger, division, or consolidation of positions.

ISSUES:

Does the president have the authority to reorganize the executive department?How shall
the reorganization be carried out?

RULING:

YES, the President has the authority to reorganize the executive department. Bureaus,
agencies, or offices in the executive department are under the President’s power of
control. Hence he is justified in deactivating the functions of a particular office, or in
carrying out reorganizations when a certain law grants him such power. Sec. 31, Book III
of the Revised Administrative Code provides the President with the continuing authority
to reorganize the administrative structure of the Office of the President in order to
achieve economy and efficiency. b. The reorganization should be carried out in good faith.
The EOs issued by Estrada was motivated by the fact that the functions of EIIB are also
being performed by other agencies. The Court also pointed out that the deactivation of
EIIB was intended to lessen the expenses of the government.