SC upholds validity of Erap’s EO on Health dept reorg

The Supreme Court on Thursday affirmed the legality of an executive order signed by former President Joseph Estrada that sought to re-organize and streamline the Department of Health. In a 10-page decision penned by Chief Justice Reynato Puno, the high tribunal’s First Division denied the petition for review filed by the Malaria Employees and Workers Association of the Philippines (Mewap), an employee's union of the Malaria control service under the DOH, assailing the validity of Executive Order 102, redirecting the functions and operations of the health department. Mewap, through its president Dr. Ramon Sulla, filed the suit to reverse the decision of the Court of Appeals, which ruled that the former president did not abuse his discretion in issuing the EO, resulting in the abolition of the office. The high court likewise upheld the constitutionality of Republic Act 6656, or the Rules on Government Reorganization, in line with the constitutional provisions granting authority to the chief executive in reorganizing a department, bureau or office in the executive department. "While the power to abolish an office is generally lodged with the legislature, the authority of the President to reorganize the executive branch, which may include such abolition, is permissible under our present laws," Puno said, citing Article VII, Sections 1 and 17 of the Constitution. Under these provisions, the executive power is vested in the President, who shall have control of all the executive departments, bureaus and offices, and who shall ensure that the laws be faithfully executed. The Supreme Court also pointed out that under Presidential Decree 1772, the President shall have the continuing authority to reorganize the national government, and in exercising this authority, the President "shall be guided by generally acceptable principles of good government and responsive national development." "There is nothing in EO which provides that the continuing authority should apply only to the Office of the President. If such was the intent of the law, the same should have been expressly stated," the Court said. The Supreme Court further said that petitioners failed to state adequate allegation of bad faith on the part of the President in carrying out the reorganization. Court records showed that on October 19, 1999, Estrada issued EO 165 that created the Presidential Committee on Executive Governance (PCEG), composed of the Executive Secretary as chair and the budget secretary as co-chair. In July 2000, the DBM issued the notice of organization, staffing and compensation action (NOSCA) and memorandum circular 62 directing the rationalization and streamlining of the DOH. On July 24, 2000, then Health Secretary Manuel Dayrit issued department memorandum No. 136 ordering the undersecretary, assistant secretary, Bureau of Service Directors and Program Managers of the DOH to direct all employees under their respective offices to accomplish and submit the Personal Information Sheet due to the approval of the DOH rationalization. Petitioner Mewap filed a civil suit with the Manila regional trial court seeking to nullify the memorandum circular. While the case was pending with the RTC, they filed a suit questioning the validity of EO 102 with the appellate court. Both cases were denied, prompting petitioners to elevate the suits before the Supreme Court. - GMANews.TV