‘FDA head cannot reassign directors’

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IT is the secretary of the Department of Health (DoH) who has the authority to reshuffle, transfer, detail and reassign directors and assistant directors of center and field offices of the Food and Drug Administration (FDA).

This was the legal opinion made by Secretary Vitaliano Aguirre 2nd of the Department of Justice (DoJ) in connection with a request of Director General and Undersecretary Nela Charade Puno, head of the FDA.

Aguirre pointed out that only the Health chief has the power to initiate reassignments, among others, of various officials who had been appointed by the DoJ secretary pursuant to Republic Act (RA) 9711 or the Food and Drug Administration Act of 2009.

He said Section 8 of RA 9711 provides that “the FDA shall review its staffing pattern and position titles subject to the approval of the secretary of Health.”


“This department is of the view that the power to appoint entails the power to reshuffle, transfer, detail or reassign those appointed by the appointing authority,” Aguirre said in his legal opinion, dated May 19, 2017 that was released only recently.

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