You're currently signed in as:
User

ALEXIS C. CANONIZADO v. ALEXANDER P. AGUIRRE

This case has been cited 6 times or more.

2012-07-24
PERLAS-BERNABE, J.
The abolition of the PAGC did not require the creation of a new, additional and distinct office as the duties and functions that pertained to the defunct anti-graft body were simply transferred to the ODESLA, which is an existing office within the Office of the President Proper. The reorganization required no more than a mere alteration of the administrative structure of the ODESLA through the establishment of a third division the Investigative and Adjudicatory Division through which ODESLA could take on the additional functions it has been tasked to discharge under E.O. 13. In  Canonizado v. Aguirre,[12] We ruled that
2011-10-04
PERALTA, J.
A reorganization involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. [19] It could result in the loss of one's position through removal or abolition of an office. However, for a reorganization for the purpose of economy or to make the bureaucracy more efficient to be valid, it must pass the test of good faith; otherwise, it is void ab initio.[20]
2010-04-20
LEONARDO-DE CASTRO, J.
Nor is Canonizado v. Aguirre[34] authority for the proposition that the power of the President to reorganize under Section 31 involves the "alteration of the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them" or the "reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions."[35] Canonizado reviewed a legislative reorganization (Republic Act No. 8851 reorganizing the Philippine National Police) thus Section 31 never figured in its analysis. Accordingly, the vast reach of Canonizado's definition of the power to reorganize[36] relates to Congress, which is, after all, the original repository of such power, as incident to its broad and all-encompassing power to legislate.
2009-02-13
CARPIO MORALES, J.
A reorganization "involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions."[20] It alters the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them[21] to make the bureaucracy more responsive to the needs of the public clientele as authorized by law.[22] It could result in the loss of one's position through removal or abolition of an office. For a reorganization for the purpose of economy or to make the bureaucracy more efficient to be valid, however, it must pass the test of good faith, otherwise it is void ab initio. [23]
2007-07-31
PUNO, C.J.
Section 17. The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. In Canonizado v. Aguirre,[7] we held that reorganization "involves the reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions." It alters the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them.[8] 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, viz.:The general rule has always been that the power to abolish a public office is lodged with the legislature. This proceeds from the legal precept that the power to create includes the power to destroy. A public office is either created by the Constitution, by statute, or by authority of law. Thus, except where the office was created by the Constitution itself, it may be abolished by the same legislature that brought it into existence.
2003-08-05
VITUG, J.
"(3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other departments and agencies." The first sentence of the law is an express grant to the President of a continuing authority to reorganize the administrative structure of the Office of the President. The succeeding numbered paragraphs are not in the nature of provisos that unduly limit the aim and scope of the grant to the President of the power to reorganize but are to be viewed in consonance therewith. Section 31(1) of Executive Order No. 292 specifically refers to the President's power to restructure the internal organization of the Office of the President Proper, by abolishing, consolidating or merging units hereof or transferring functions from one unit to another, while Section 31(2) and (3) concern executive offices outside the Office of the President Proper allowing the President to transfer any function under the Office of the President to any other Department or Agency and vice-versa, and the transfer of any agency under the Office of the President to any other department or agency and vice-versa.[14]