G.R. No. 149724 [Alter ego of the President, Qualified Political Agency Doctrine]
FACTS:
DENR Reg 12 Employees filed a petition for nullity of the
memorandum order issued by the Regional Exec. Director of DENR, directing the
immediate transfer of the DENR 12 Regional Offices from Cotabato to Koronadal
City. The memorandum was issued pursuant
to DENR Executive Order issued by the DENR Secretary.
Issue:
Whether or not DENR Secretary has the authority to
reorganize the DENR Region 12 Office.
RULING:
The qualified political agency doctrine, all executive and administrative
organizations are adjuncts of the Executive Department, and the acts of the
Secretaries of such departments, performed and promulgated in the regular
course of business, are, unless disapproved or reprobated by the Chief
Executive, are presumptively the acts of the Chief Executive. It is corollary
to the control power of the President as provided for under Art. VII Sec. 17 of
the 1987 Constitution: "The President shall have control of all the
executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully executed."
In the case at bar, the DENR Secretary can validly
reorganize the DENR by ordering the transfer of the DENR XII Regional Offices
from Cotabato City to Koronadal, South Cotabato. The exercise of this authority by the DENR
Secretary, as an alter ego, is presumed to be the acts of the President for the
latter had not expressly repudiated the same.
