GR L 27861; (October, 1969) (Digest)
G.R. No. L-27861 October 31, 1969
PROVINCE OF PANGASINAN, petitioner, vs. HONORABLE SECRETARY OF PUBLIC WORKS AND COMMUNICATIONS, COMMISSIONER OF PUBLIC HIGHWAYS, DIVISION ENGINEER DESIDERIO ANOLIN, and HIGHWAY DISTRICT ENGINEER OSCAR DATA, respondents.
FACTS
On July 5, 1967, the Secretary of Public Works and Communications issued Department Order No. 145, dividing the Province of Pangasinan into three highway engineering districts. The order specified the municipalities comprising each district and their respective headquarters. It provided for the division of existing personnel, office furniture, and equipment among the three districts, and for the apportionment of funds allotted under Republic Act No. 917. The Commissioner of Public Highways directed the implementation of the order, and the Highway District Engineer of Pangasinan informed employees of a possible transfer. Funds for the salaries of the new district engineers were requested to be taken from the Highway Special Fund. The Province of Pangasinan filed an original action for prohibition with preliminary injunction directly with the Supreme Court, seeking to annul Department Order No. 145 and to prohibit its implementation. The petitioner argued that the Secretary acted without or in excess of jurisdiction, that the power to create engineering districts is vested in the Director of Public Works, that the order would entail expenditure of funds not specifically appropriated, and that creating additional districts requires legislation.
ISSUE
Whether the Secretary of Public Works and Communications had the legal authority to issue Department Order No. 145, dividing the Province of Pangasinan into three highway engineering districts.
RULING
The Supreme Court dismissed the petition and set aside the restraining order. The Court ruled that the Secretary of Public Works and Communications had the authority to issue the order. While Section 1909 of the Revised Administrative Code vests the power to create engineering districts in the Director of Public Works with the approval of the Department Head, the Department Head possesses a general power of control, direction, and supervision over all bureaus and offices under his jurisdiction pursuant to Section 79(C) of the Revised Administrative Code. This power of control includes the authority to act directly in lieu of subordinate officials, to modify or revoke their decisions, and to change the distribution of employees within the department. The Court found no legal or factual basis for the claim that the order would entail expenditure of funds not appropriated, as the order provided for the division of existing personnel and equipment, and any additional necessary funds were to be taken from the Highway Special Fund under Republic Act No. 917. The Court also held that the division of Pangasinan, a large province with 45 municipalities, into three engineering districts was not a grave abuse of discretion.