280 SCRA 713 Law on Public Officers Creation and Abolition of a Public Office is Essentially

Legislative

In 1993, Aida Eugenio passed the Career Executive Service Eligibility (CES). She was then
recommended to be appointed as a Civil Service Officer Rank IV. But her appointment to said rank
was impeded when in the same year, the Civil Service Commission (CSC) abolished the Career
Executive Service Board (CESB). CESB is the office tasked with promulgating rules, standards, and
procedures on the selection, classification and compensation of the members of the Career
Executive Service.

Eugenio then assailed the resolution which abolished CESB. She averred that the CSC does not
have the power to abolish CESB because the same was created by law (P.D. 1). CSC on the other
hand argued that it has the power to do so pursuant to the Administrative Code of 1987 which
granted the CSC the right to reorganize the CSC.

ISSUE: Whether or not the Civil Service Commission may validly abolish the Career Executive
Service Board.

HELD: No. The CESB is created by law. It can only be abolished by the legislature. The creation and
abolition of public offices is primarily a legislative function, except for Constitutional offices. The
power to restructure granted to the CSC is limited to offices under it. The law that created the CESB
intended said office to be an autonomous entity although it is administratively attached to the CSC.