July 6, 2009

Bagaoisan vs Nat'l Tobacco Administration. G.R. No. 152845 : August 5, 2003. ADMINISTRATIVE CASE. BY C Y.

DRIANITA BAGAOISAN, FELY MADRIAGA, SHIRLY TAGABAN, RICARDO SARANDI, SUSAN IMPERIAL, BENJAMIN DEMDEM, RODOLFO DAGA, EDGARDO BACLIG, GREGORIO LABAYAN, HILARIO
JEREZ, and MARIA CORAZON CUANANG, petitioners, vs. NATIONAL TOBACCO ADMINISTRATION, represented by ANTONIO DE GUZMAN and PERLITA BAULA, respondents.

VITUG, J.:

FACTS:
1. The petitioner was terminated from there position in the national tobacco administration as a result of the executive order issued by president Estradawhic
mandates for the stream lining of the national tobacco administration, a government agency under the department of agriculture.
2. The petitioners filed a letter of appeal to the civil service commission to recall the ossp.
3. Petitioner all file a petition for certiorari with prohibition an mandamus with prayer for preliminary mandatory injunction and a temporary restraining
order with the regional trial court of Batak to prevent the respondent from enforcing the notice of termination and from austing the petitioners in there
respective offices.
4. The regional trial court issued an order ordering the national tobacco administration to appoint the petitioner to the osspto position similar to the
one that they hold before.
5. The national tobacco administration appealed to the court of appeals who reversed the decision of the RTC.
6. Petitioner appealed to the supreme court.
ISSUE:
Whether or not, the reorganization of the national tobacco administration is valid true issuance of executive orderby the president.
According to the supreme court,The president has the power to reorganized an office to achieve simplicity ,economy and efficiency as provided under executive
order 292 sec. 31 and section 48 of RA 7645 which provides that activities of executive agencies may be scaled down if it is no longer essential for the
delivery of public service.

WHEREFORE, the Motion to Admit Petition for En Banc resolution and the Petition for an En Banc Resolution are DENIED for lack of merit. Let entry of judgment
be made in due course. No costs.

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