**Jose G. Tecson vs. Executive Secretary Rafael Salas et al., G.R. No. L-26908**
### Facts
1. **Appointment and Initial Detail**: Jose G. Tecson was serving as the Superintendent of Dredging at the Bureau of Public Works.
2. **Directive of Temporary Detail**: On October 14, 1966, Executive Secretary Rafael Salas, acting by authority of the President, issued a directive detailing Tecson to the Office of the President to assist in the San Fernando Port Project. This order required Tecson to report directly to Commodore Santiago Nuval, the Presidential Assistant on Ports and Harbors.
3. **Legal Challenge**: Tecson filed a petition for certiorari and prohibition on November 15, 1966, contending that his detail equated to removal from his position without cause, contrary to the constitutional guarantee of security in public office.
4. **Motion to Dismiss**: The Solicitor General, arguing a lack of cause of action, asserted the President’s constitutional power to order such detail. Consequently, the lower court dismissed Tecson’s petition on December 17, 1966, ruling that the directive did not constitute removal or demotion and was validly issued under presidential authority.
5. **Appeal to the Supreme Court**: Tecson appealed the dismissal, reiterating his arguments that the executive detail was unconstitutional and that it required approval from the Civil Service Commission and the Commissioner of the Budget.
### Issues
1. **Whether the detail of Tecson amounts to removal or demotion without cause.**
2. **Whether the President’s authority over executive departments extends to issuing such directives without subordinate’s approvals.**
### Court’s Decision
**Issue 1 – Detail as Removal or Demotion**
– **Legal Basis**: The court grounded its analysis on the Civil Service Act of 1959 (Sec. 32), which states that a transfer without reduction in rank or salary is not considered disciplinary when made in the interest of public service.
– **Ruling**: The Supreme Court affirmed that the detail of Tecson did not constitute removal or demotion. He retained his rank as Superintendent of Dredging and continued receiving his salary and benefits. Thus, it was a valid directive made in the interest of public service.
**Issue 2 – Presidential Authority Without Subordinates’ Approvals**
– **Legal Basis**: The court cited the constitutional principle vested in the presidential system of government, referring to doctrines established in Villena v. Secretary of Interior, which underscored the President’s plenary control over executive departments.
– **Ruling**: Affirmed that the President (or any officer acting by presidential authority) does not require the approval of subordinates (e.g., the Civil Service Commission or the Budget Commissioner) to exercise control over executive departments. The authority of the President in this regard is supreme and undivided.
### Doctrine
– **Doctrine of the Qualified Political Agency**: Established that executive departments are extensions of the President, who is endowed with complete executive power. Acts performed by department heads are presumptively presidential acts unless expressly repudiated.
– **Control vs. Supervision**: The President exercises control, not merely supervision, over executive departments, enabling directives like temporary details or transfers without needing approval from other agencies.
### Class Notes
– **Key Elements**:
– **Rule on Transfers**: Any transfer or detail without reduction in rank or salary, in public interest, is valid and non-disciplinary (Sec. 32, Civil Service Act of 1959; later amended).
– **Presidential Control**: Absolute control of the President over executive departments negates the requirement for formal approval from subordinate entities.
– **Statutory Provisions**:
– **Civil Service Act of 1959**: Explicitly allows transfers without reducing rank or salary when it serves public interest.
– **Constitutional Provision**: Article VII of the Constitution vests executive power exclusively in the President.
– **Simplified Application**: In public service, a detail or reassignment directive by the President (or representative) is valid if it does not degrade rank or salary, and adherence to such directives is mandated by the principle of presidential control.
### Historical Background
This case arose during the Marcos administration, a period characterized by increasing centralization of executive power. The decision reinforced the significant extent of presidential control over administrative functions within the executive branch, reflecting a broader tendency in the era towards consolidating executive authority. This context also underscores the evolving interpretations of executive power and the balance of administrative discretion in governance.
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