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AIDA D. EUGENIO v. CIVIL SERVICE COMMISSION

This case has been cited 2 times or more.

2010-12-07
MENDOZA, J.
1] E.O. No. 1 does not arrogate the powers of Congress to create a public office because the President's executive power and power of control necessarily include the inherent power to conduct investigations to ensure that laws are faithfully executed and that, in any event, the Constitution, Revised Administrative Code of 1987 (E.O. No. 292), [15] Presidential Decree (P.D.) No. 1416[16] (as amended by P.D. No. 1772), R.A. No. 9970,[17] and settled jurisprudence that authorize the President to create or form such bodies.
2005-09-30
TINGA, J.
offices is primarily a legislative function. Insofar as the legislative power in this respect is not restricted by constitutional provisions, it is supreme; the legislature may decide for itself what offices are suitable, necessary, or convenient. When in the exigencies of government, it is necessary to create and define duties the legislative branch has the discretion to determine whether additional offices shall be created, or whether these duties shall be attached to and become ex-oficio duties of existing offices. An office created by the legislature is wholly within the power of that body, and it may prescribe the mode of filling the office and the powers and duties of the incumbent, and, if it sees fit, abolish the office.[15] Petitioners' argument that the abolition of the CAR violates the constitutional mandate that there shall be autonomous regions in Muslim Mindanao and the Cordilleras is without merit. The CAR created by virtue of E.O. No. 220 is not the autonomous region contemplated in