Title
Presidential Power to Reorganize Govt Agencies
Law
Republic Act No. 51
Decision Date
Oct 4, 1946
Republic Act No. 51 grants the President of the Philippines the authority to reorganize government departments and agencies, allowing for the creation, abolition, and consolidation of entities to promote simplicity, economy, and efficiency in the operation of the government.

Legal basis, coverage, and reorganization authority

  • Section 1 authorizes the President to effect reorganization by executive order from time to time.
  • The President may undertake reforms and changes in different executive departments, bureaus, offices, agencies, and other instrumentalities of the Government.
  • The President’s authority extends to corporations owned or controlled by the Government.
  • Section 1 ties the authorization to the exigencies attendant upon the establishment of the free and independent Government of the Republic of the Philippines.
  • Section 1 requires the reorganization to promote simplicity, economy and efficiency in government operations.

Purpose and policy objectives

  • Section 1 empowers the President to adopt reforms and changes to address government operational needs arising from the establishment of a free and independent Government.
  • Section 1 directs the President to pursue simplicity, economy, and efficiency.
  • The reorganization authority is designed to allow structural adjustments that advance economy and promote efficiency in the government service.

Substantive powers: what the President may do

  • Section 1 authorizes the President to diminish, add to, or abolish existing units.
  • Section 1 authorizes the creation of new units.
  • Section 1 authorizes the President to consolidate related undertakings.
  • Section 1 authorizes the President to transfer functions, appropriations, equipment, property, records, and personal from one government unit to another.
  • Section 1 authorizes the President to eliminate duplicated services or authorize new ones not provided for.
  • Section 1 authorizes the President to classify, combine, split, or abolish positions.
  • Section 1 authorizes the President to standardize salaries.
  • Section 1 allows the President to do whatever is necessary and desirable to effect economy and promote efficiency in government service.

Employee protections during reorganization

  • Section 2 provides that officers and employees whose positions are abolished or who may be separated because of the reorganization do not lose their civil service eligibility.
  • The civil service eligibility protection lasts for ten years from the date of separation.
  • Section 2 provides that when an office needs additional personnel, it must give preference in the appointment to officers or employees separated due to the reorganization.
  • Appointment preference under Section 2 is made in accordance with the recommendation of the Commissioner of Civil Service.

Reporting to Congress and validity of presidential actions

  • Section 3 requires that any action taken by the President pursuant to Republic Act No. 51 be immediately reported to Congress.
  • Section 3 provides that presidential actions are valid and subsisting.
  • Section 3 provides that presidential actions remain valid until Congress provides otherwise.

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