In a legal opinion, Justice Secretary Hernando Perez said Dizon’s appointment on Sept. 2 last year was a lawful exercise of the President’s broad powers and prerogatives to effect organizational changes in the executive branch.
Perez said such power of the President was upheld in previous Supreme Court decisions, the 1987 Administrative Code and general appropriations acts passed by Congress which all recognized the Chief Executive’s authority to create or abolish offices in any department or agency.
Due to such laws and jurisprudence, Perez said the rule that the power to create or abolish a public office is lodged with the legislature is "not absolute."
Perez cited, among other arguments, the High Court’s decision in the case of Larin vs Malacañang which upheld the President’s power to effect organizational changes in any department or agency. — Rey Arquiza