Under Section 2 of the 1987 Administrative Code of the Philippines, Agency of the Government refers to any of the various units of the Government, including a department, bureau, office, instrumentality or government-owned or controlled corporations, or a local government or a distinct unit therein.
Department pertains to an executive department created by which shall include instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation. Bureau refers to any principal subdivision or unit of any department which shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department wide regional offices. Office refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices.
As pronounced in Kapisanan ng Kawani ng Energy Regulatory Board vs Commissioner Barin[1], a public office or an administrative agency is created by the Constitution or by law or an officer or tribunal to which the power to create has been delegated by the legislature. The power to create carries with it the power to abolish. In Viola vs Alunan II[2]I, the Supreme Court elucidated that delegations of Congress’ power to create positions has long been settled by decisions upholding the validity of reorganization statutes authorizing the President to create, abolish or merge offices in the executive department.
Except for such offices as are created by the Constitution, creation and abolition of public offices is primarily a legislative function. When in the exigencies of government it is necessary to create and define duties, the legislative department has the discretion to determine whether additional offices shall be created, or whether this duties shall be attached to and become ex-officio duties of existing offices. An office created by the legislature is wholly within the power of that body, and it may prescribe the mode of filling the office and the powers and duties of the incumbent, and if it sees fit, abolish the office.[3]
Since the creation of public offices involves an inherently legislative power, it necessarily follows that the particular characteristics of the public office, including eligibility requirements and the nature and length of the term in office, are also for legislative determination. Flowing from the legislative power to create public offices is the power to abolish and modify them to meet the demands of society. Congress can change the qualifications for and shorten the term of existing statutory office.[4]
As regards abolition, as a rule, all offices created by statutes are more or less temporary, transitory or precarious that they are subject to the power of the legislature to abolish. The Civil Service Law cannot stand in the way of the exercise by the legislature of its power to alter or abolish an office. What is not countenanced is the abolition of an office in bad faith, to do away with a particular incumbent and replacing him with a political favorite.[5]
An abolition is made in good faith when it is not made for political or personal reason or when it does not circumvent the constitutional security of tenure of civil service employees. Abolition of an office may be brought about by reasons of economy, redundancy or explicit constitutional mandate for such termination of employment. Where one is abolished and replaced with another office vested with similar functions, the abolition is a legal nullity. When there is a void abolition, the incumbent is deemed to have never ceased holding office.[6]
Abolition speaks of an intention to do away with such office wholly or permanently. Where one office is abolished and replaced with another office vested with similar functions, the abolition is a legal nullity. Substantial identity in the two offices was indicia of bad faith in the removal of petitioner pursuant to a reorganization.[7]
Reorganization takes place when there is an alteration of the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them. It involves a reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy. Naturally, it may result in the loss of one’s position through removal or abolition of an office. However, for a reorganization to be valid, it must also pass the test of good faith.[8]
[1] G.R. No. 150974
[2] G.R. No. 115844
[3] G.R. No. 115863
[4] G.R. No. 197442
[5] G.R. No. L-17803
[6]G.R. No. 150974
[7] G.R. No. 133132
[8] Idem