G.R. No.

166052               August 29, 2007

ANAK MINDANAO PARTY-LIST GROUP and MAMALO, Petitioners,
vs.
THE EXECUTIVE SECRETARY, et al., Respondents.
CARPIO-MORALES, J.
FACTS:
In 2004, Pres. Arroyo issued EO 364 and EO 379 which transforms DAR into the
Department of Land Reform. It shall be responsible for all land reform in the country and
supervise and control the Presidential Commission for the Urban Poor (PCUP).
Furthermore, it put the National Commission on Indigenous Peoples (NCIP) under the
DAR as an attached agency.
ISSUE:
Whether the issuance of EO 364 and 379 are beyond the supervisory and control
functions of the President.
HELD:
No. The law grants the President this power in recognition of the recurring need
of every President to reorganize his office "to achieve simplicity, economy and
efficiency." The EOs did not hamper the exercise of citizen’s rights and
privileges.
Under the Sec. 31 of the Administrative Code of 1987, the President shall have a
continuing authority to reorganize the administrative structure of the Office of the
President, particularly, to transfer any agency under the Office of the President to any
other department or agency as well as transfer agencies to the Office of the President
from other departments or agencies to achieve simplicity, economy, and efficiency.
The consolidation of functions in EO 364 aims to attain the objectives of "simplicity,
economy and efficiency" as gathered from the provision granting PCUP and NCIP
access to the range of services provided by the DAR’s technical offices and support
systems.
The characterization of the NCIP as an independent agency under the Office of the
President does not remove said body from the President’s control and supervision with
respect to its performance of administrative functions.
Petition is DISMISSED.