Digest Author: Christopher M. Alcantara Tondo Medical Vs CA GR No. 167324
Petition: Review on Certiorari Petitioners: Tondo Medical Center Employees Association Respondents: Court of Appeals et al. Date: July 17, 2007 Ponente: Chico-Nazario, J.
et al.
This is a Petition for Review on Certiorari, under Rule 45 of the Rules of Court, assailing the Decision, promulgated Decision, promulgated by the Court of Appeals, denying a petition for the nullification of the Health Sector Reform Agenda (HSRA) Philippines 1999-2004 of the Department of Health (DOH); and Executive Order No. 102, "Redirecting the Functions and Operations of the Department of Health," which was issued by then President Joseph Ejercito Estrada. Facts:
The Health Sector Reform Agenda (HSRA) was launched by the Department of Health (DOH) in 1999, which provided five areas of general reform. One in particular was the provision of fiscal autonomy to government hospitals that implements the collection of socialized user fees and the corporate restructuring of government hospitals. The petitioners alleged that the implementation of the aforementioned reform had resulted in making free medicine and free medical services inaccessible to economically disadvantage Filipinos. Thus, they alleged that the HSRA is void for violating the following constitutional provisions: Sections 5, 9, 10, 11, 13, 15, 18 of Article II, Section 1 of Article III, Sections 11 and 14 of Article XIII, and Sections 1 and 3(2) of Article XV. On May 24, 1999, then President Joseph Ejercito Estrada issued Executive Order No. 102, entitled Redirecting the functions and Operations of the Department of Health , which provided for the changes in the roles, functions, and organizational processes of the DOH. The petitioners contented that a law, such as E.O. No. 120, which effects the reorganization of the DOH, should be enacted by Congress in the exercise of its legislative function. They argued that E.O. No. 102 is void, as this was enacted ultra vires on the part of the President.
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The Court of Appeals (CA) denied the petition due to a number of procedural defects, which proved fatal. The CA also ruled that the HSRA cannot be declared void for violating the various sections of Article II, III, XIII and XV of the 1987 Constitution. A motion for reconsideration of the decision was filed by the petitioners but the t he same was denied in a resolution dated March 7, 2005. Hence this petition. Issues:
1. W/O the HSRA is void for violating various provisions of the Constitution 2. W/O the issuance of Executive Order No. 102 was above the authority of the President Held:
As a general rule, the provisions of the constitution are considered self-executing, and do not require future legislation for their enforcement. However, some provisions have already been categorically declared by this Court as non self-executing.
No.
Digest Author: Christopher M. Alcantara In Tañada v. Angara, the Court specifically set apart the sections found under Article II of the 1987 Constitution as non self-executing and ruled that such broad principles need legislative enactments before they can be implemented. In Basco v. Philippine Amusement and Gaming Corporation, this Court declared that Sections 11, 12, and 13 of Article II; Section 13 of Article XIII; and Section 2 of Article XIV of the 1987 Constitution are not self-executing provisions. Petitioners claimed that the structural and functional reorganization of the DOH is an exercise of legislative functions, which the president usurped when he issued E.O. No. 102. This line of argument is without basis.This Court has already ruled in a number of cases that the President may, by executive or administrative order, direct the reorganization of government entities under the Executive Department. This is also sanctioned under the Constitution, as well as other statutes. No.
Section 17, Article VII of the 1987 Constitution, clearly states: The president shall have control of all executive departments, bureaus and offices. Therefore, the president is within his authority for issuing E.O No. 102. “
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Decision:
IN VIEW OF THE FOREGOING, the instant Petition is DENIED. This Court AFFIRMS the assailed Decision of the Court of Appeals, promulgated on 26 November 2004, declaring both the HSRA and Executive Order No. 102 as valid. No costs.
