Blaquera vs Alcala AUTHOR: Arthur Archie Tiu

[G.R. No. 109406. September 11, 1998] NOTES: 4 merged cases

TOPIC: Powers and Functions of the President; Control of
executive departments
PONENTE: Purisima, J.

FACTS:

1. On Feb. 21, 1992, then Pres. Aquino issued AO 268 which granted each official and employee of the government
the productivity incentive benefits in a maximum amount equivalent to 30% of the employee’s one month basic
salary but which amount not be less than P2, 000.00. Said AO provided that the productivity incentive benefits
shall be granted only for the year 1991. Accordingly, all heads of agencies, including government boards of
government-owned or controlled corporations and financial institutions, are strictly prohibited from granting
productivity incentive benefits for the year 1992 and future years pending the result of a comprehensive study
being undertaken by the Office of the Pres.

2. The petitioners, who are officials and employees of several government departments and agencies, were paid
incentive benefits for the year 1992. Then, on Jan. 19, 1993, then Pres. Ramos issued AO 29 authorizing the grant
of productivity incentive benefits for the year 1992 in the maximum amount of P1,000.00 and reiterating the
prohibition under Sec. 7 of AO 268, enjoining the grant of productivity incentive benefits without prior approval
of the President. Sec. 4 of AO 29 directed all departments, offices and agencies which authorized payment of
productivity incentive bonus for the year 1992 in excess of P1, 000.00 to immediately cause the refund of the
excess. In compliance therewith, the heads of the departments or agencies of the government concerned caused the
deduction from petitioners’ salaries or allowances of the amounts needed to cover the alleged overpayments.

ISSUE(S):
Whether AO 29 and AO 268 were issued in the valid exercise of presidential control over the executive
departments

HELD: - The Pres. is the head of the government. Governmental power and authority are exercised and
implemented through him. His power includes the control of executive departments as provided under Sec. 17, Art. VII of
the Constitution.

RATIO:

Control means the power of an officer to alter or modify or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of the former for that of the latter. The Pres. can, by virtue
of his power of control, review, modify, alter or nullify any action or decision of his subordinate in the executive
departments, bureau or offices under him.

- When the Pres. issued AO 29 limiting the amount of incentive benefits, enjoining heads of government agencies
from granting incentive benefits without approval from him and directing the refund of the excess over the
prescribed amount, the Pres. was just exercising his power of control over executive departments.

- The Pres. issued subject AOs to regulate the grant of productivity incentive benefits and to prevent discontent,
dissatisfaction and demoralization among government personnel by committing limited resources of government
for the equal payment of incentives and awards. The Pres. was only exercising his power of control by modifying
the acts of the heads of the government agencies who granted incentive benefits to their employees without
appropriate clearance from the Office of the Pres., thereby resulting in the uneven distribution of government
resources.

- The President’s duty to execute the law is of constitutional origin. So, too, is his control of executive departments.

CASE LAW/ DOCTRINE:

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DISSENTING/CONCURRING OPINION(S):
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