Eugenio vs.

CSC March 13, 1995

ACTION:
Petitioner filed to annul the resolution passed by CSC abolishing the CESB.

FACTS:
•Eugenio is the Deputy Director of the Philippine Nuclear Research Institute. She applied for a Career
Executive Service (CES) Eligibility and a CESO rank. She was given a CES eligibility and was recommended
to the President for a CESO rank by the Career Executive Service Board (CESB).

•Then respondent Civil Service Commission passed a Resolution which abolished the CESB, relying on
the provisions of Section 17, Title I, Subtitle A. Book V of the Administrative Code of 1987 allegedly
conferring on the Commission the power and authority to effect changes in its organization as the need
arises. Said resolution states:

“Pursuant thereto, the Career Executive Service Board, shall now be known as the Office for Career
Executive Service of the Civil Service Commission. Accordingly, the existing personnel, budget,
properties and equipment of the Career Executive Service Board shall now form part of the Office for
Career Executive Service.”

ISSUE:
Whether or not CSC has the power to abolish CESB.

SC RULING:
•No, CESB was created under P.D. No. 1 on September 1, 1974 which adopted the Integrated Plan.
"Article IV — Career Executive Service

1. A Career Executive Service is created to form a continuing pool of well-selected and development-
oriented career administrators who shall provide competent and faithful service.

2. A Career Executive Service hereinafter referred to in this Chapter as the Board, is created to serve as
the governing body of the Career Executive Service. The Board shall consist of the Chairman of the Civil
Service Commission as presiding officer, the Executive Secretary and the Commissioner of the Budget as
ex-officio members and two other members from the private sector and/or the academic community
who are familiar with the principles and methods of personnel administration."

•It cannot be disputed, therefore, that as the CESB was created by law, it can only be abolished by the
legislature. This follows an unbroken stream of rulings that the creation and abolition of public offices is
primarily a legislative function.

•Respondent Commission's power to reorganize is limited to offices under its control. The CESB was
intended to be an autonomous entity, albeit administratively attached to respondent Commission. The
essential autonomous character of the CESB is not negated by its attachment to 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. By said
attachment, CESB was not made to fall within the control of respondent Commission.
IN VIEW WHEREOF, the petition is granted and Resolution No. 93-4359 of the respondent Commission is
hereby annulled and set aside. No costs.

(WALANG RTC at CA ruling kc rekta na sa SC kasi rule 65 petition for certiorari (prohibition) siya)