Domingo v. Zamora
REITERATIONFacts
The Antecedents: Petitioners, personnel of the Bureau of Physical Education and School Sports (BPESS) of the Department of Education, Culture and Sports (DECS), filed a petition for certiorari and prohibition seeking to nullify Executive Order No. 81 (EO 81) and DECS Memoranda Nos. 01592 and 01594. EO 81 transferred the sports development programs and activities of DECS to the Philippine Sports Commission (PSC). The DECS Memoranda reassigned BPESS personnel to various offices within DECS. Procedural History: The case reached the Supreme Court via a petition for certiorari and prohibition. The Petition: Petitioners argued that EO 81 was an invalid exercise of legislative power by the President, violating the separation of powers. They also contended that the DECS Memoranda violated their right to security of tenure. They prayed for the nullification of EO 81 and the DECS Memoranda, and for a prohibition against the PSC from exercising functions related to school sports development.
Issue(s)
Whether Executive Order No. 81 and DECS Memoranda Nos. 01592 and 01594 are valid, considering the enactment of RA 9155 and the President's reorganization authority. Whether the President has the authority to transfer functions and agencies of the DECS to the PSC under Section 31 of the Administrative Code of 1987 (EO 292). Whether the reassignment of BPESS personnel violated their right to security of tenure, considering the DECS Memoranda and the provisions of RA 9155.
Ruling
The Supreme Court dismissed the petition, holding that the issues raised were rendered moot and academic by the enactment of Republic Act No. 9155 (RA 9155).
Ratio Decidendi
On the Validity of EO 81 and DECS Memoranda: The Court ruled that the petition was moot and academic due to the enactment of RA 9155, which abolished the BPESS and transferred its functions related to sports competition to the PSC. This law rendered the challenge moot. The Court clarified that EO 81 was a valid exercise of the President's continuing authority to reorganize the Office of the President under Section 31 of the Administrative Code of 1987 (EO 292), allowing the President to transfer functions or agencies to achieve simplicity, economy, and efficiency. The PSC, being attached to the Office of the President, was a proper recipient of the transferred functions. On the President's Authority to Transfer Functions: The Court affirmed the President's authority to transfer functions and agencies, citing Section 31(2) and (3) of EO 292. This power is essential for the President to effectively manage the executive branch and implement policies. The transfer of DECS' sports development functions to the PSC, which is attached to the Office of the President, was deemed a valid exercise of this reorganization power. The Court distinguished this from the reorganization of the Office of the President Proper, noting that the power to transfer functions or agencies outside the Office of the President Proper but within the executive branch is limited to such transfers. On Security of Tenure: The Court found that the reassignment of BPESS personnel did not violate their security of tenure. The DECS Memoranda initially reassigned personnel temporarily and then permanently to other DECS offices, ensuring their continued employment. Furthermore, RA 9155 explicitly mandated that BPESS personnel not transferred to the PSC shall be retained by the DECS, thus protecting their employment. The Court reiterated that the abolition of an office in good faith does not violate security of tenure as the office ceases to exist, whereas a transfer of functions or agencies ensures continued employment within the government.
Main Doctrine
A petition challenging an Executive Order and subsequent Memoranda is rendered moot and academic by the enactment of a subsequent law that abolishes the affected bureau and transfers its functions, thereby resolving the issues raised regarding the validity of the Executive Order and the security of tenure of the affected personnel.