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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 133132   January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 133132. January 25, 2000.]

    ALEXIS C. CANONIZADO, EDGAR DULA TORRES, and ROGELIO A. PUREZA, Petitioners, v. HON. ALEXANDER P. AGUIRRE, as Executive Secretary, HON. EMILIA T. BONCODIN, as Secretary of Budget and Management, JOSE PERCIVAL L. ADIONG, ROMEO L. CAIRME and VIRGINIA U. CRISTOBAL, Respondents.

    D E C I S I O N


    GONZAGA-REYES, J.:


    The central issue posed before this Court in the present case is the constitutionality of Republic Act No. 8551 (RA 8551), otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998," 1 by virtue of which petitioners herein, who were all members of the National Police Commission (NAPOLCOM), were separated from office. Petitioners claim that such law violates their constitutionally guaranteed right to security of tenure.chanrobles virtual lawlibrary

    The NAPOLCOM was originally created under Republic Act No. 6975 (RA 6975), entitled "An Act Establishing The Philippine National Police Under A Reorganized Department Of The Interior And Local Government, And For Other Purposes." Under RA 6975, the members of the NAPOLCOM were petitioners Edgar Dula Torres, Alexis C. Canonizado, Rogelio A. Pureza and respondent Jose Percival L. Adiong. Dula Torres was first appointed to the NAPOLCOM on January 8, 1991 for a six year term. He was re-appointed on January 23, 1997 for another six years. Canonizado was appointed on January 25, 1993 to serve the unexpired term of another Commissioner which ended on December 31, 1995. On August 23, 1995, Canonizado was re-appointed for another six years. Pureza was appointed on January 2, 1997 for a similar term of six years. Respondent Adiong’s appointment to the NAPOLCOM was issued on July 23, 1996. None of their terms had expired at the time the amendatory law was passed. 2

    On March 6, 1998, RA 8551 took effect; it declared that the terms of the current Commissioners were deemed as expired upon its effectivity. Pursuant thereto, President Ramos appointed Romeo L. Cairme on March 11, 1998 as a member of the NAPOLCOM for a full six year term. On the same date, Adiong, was given a term extension of two years since he had served less than two years of his previous term. Cairme and Adiong both took their oaths of office on April 6, 1998. 3 Completing the membership of the NAPOLCOM are Leo S. Magahum and Cleofe M. Factoran, who were appointed by President Estrada on June 30, 1998 and who took their oaths of office on July 2, 1998. 4

    According to petitioners, sections 4 and 8 of RA 8551 are unconstitutional. Section 4, amending section 13 of Republic Act No. 6975, provides —

    SECTION 13. Creation and Composition. — A National Police Commission, hereinafter referred to as the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this Act. The Commission shall be an agency attached to the Department for policy and program coordination. It shall be composed of a Chairperson, four (4) regular Commissioners, and the Chief of the PNP as ex-officio member. Three (3) of the regular Commissioners shall come from the civilian sector who are neither active nor former members of the police or military, one (1) of whom shall be designated as vice chairperson by the President. The fourth regular Commissioner shall come from the law enforcement sector either active or retired: Provided, That an active member of a law enforcement agency shall be considered resigned from said agency once appointed to the Commission: Provided further, That at least one (1) of the Commissioners shall be a woman. The Secretary of the Department shall be the ex-officio Chairperson of the Commission, while the Vice Chairperson shall act as the executive officer of the Commission.chanrobles.com : red

    Meanwhile, section 8 states that —

    Upon the effectivity of this Act, the terms of office of the current Commissioners are deemed expired which shall constitute a bar to their reappointment or an extension of their terms in the Commission except for current Commissioners who have served less than two (2) years of their terms of office who may be appointed by the President for a maximum term of two (2) years.

    Petitioners argue that their removal from office by virtue of section 8 of RA 8551 violates their security of tenure.

    It is beyond dispute that petitioners herein are members of the civil service, which embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. 5 As such, they cannot be removed or suspended from office, except for cause provided by law. 6 The phrase "except for cause provided by law" refers to." . . reasons which the law and sound public policy recognize as sufficient warrant for removal, that is, legal cause, and not merely causes which the appointing power in the exercise of discretion may deem sufficient." 7

    Public respondents insist that the express declaration in section 8 of RA 8551 that the terms of petitioners’ offices are deemed expired discloses the legislative intent to impliedly abolish the NAPOLCOM created under RA 6975 pursuant to a bona fide reorganization. In support of their theory, public respondents cite the various changes introduced by RA 8551 in the functions, composition and character of the NAPOLCOM as proof of Congress’ intention to abolish the body created under RA 6975 in order to replace it with a new NAPOLCOM which is more civilian in nature, in compliance with the constitutional mandate. Petitioners’ posit the theory that the abolition of petitioners’ offices was a result of a reorganization of the NAPOLCOM allegedly effected by RA 8551. 8

    The creation and abolition of public offices is primarily a legislative function. 9 It is acknowledged that Congress may abolish any office it creates without impairing the officer’s right to continue in the position held 10 and that such power may be exercised for various reasons, such as the lack of funds 11 or in the interest of economy. 12 However, in order for the abolition to be valid, it must be made in good faith, not for political or personal reasons, or in order to circumvent the constitutional security of tenure of civil service employees. 13

    An abolition of office connotes an intention to do away with such office wholly and permanently, as the word "abolished" denotes. 14 Where one office is abolished and replaced with another office vested with similar functions, the abolition is a legal nullity. Thus, in U .P. Board of Regents v. Rasul 15 we said:chanrob1es virtual 1aw library

    It is true that a valid and bona fide abolition of an office denies to the incumbent the right to security of tenure. [De la Lanna v. Alba, 112 SCRA 294 (1982)] However, in this case, the renaming and restructuring of the PGH and its component units cannot give rise to a valid and bona fide abolition of the position of PGH Director. This is because where the abolished office and the offices created in its place have similar functions, the abolition lacks good faith. [Jose L. Guerrero v. Hon. Antonio V. Arizabal, G.R. No. 81928, June 4, 1990, 186 SCRA 108 (1990)] We hereby apply the principle enunciated in Cesar Z. Dario v. Hon. Salvador M. Mison [176 SCRA 84 (1989)] that abolition which merely changes the nomenclature of positions is invalid and does not result in the removal of the incumbent.

    The above notwithstanding, and assuming that the abolition of the position of the PGH Director and the creation of a UP-PGH Medical Center Director are valid, the removal of the incumbent is still not justified for the reason that the duties and functions of the two positions are basically the same . . . . (Emphasis supplied)chanrobles virtual lawlibrary

    This was also our ruling in Guerrero v. Arizabal, 16 wherein we declared that the substantial identity in the functions between the two offices was indicia of bad faith in the removal of petitioner pursuant to a reorganization.

    We come now to the case at bench. The question that must first be resolved is whether or not petitioners were removed by virtue of a valid abolition of their office by Congress. More specifically, whether the changes effected by RA 8551 in reference to the NAPOLCOM were so substantial as to effectively create a completely new office in contemplation of the law. In answer to this query, the case of Mayor v. Macaraig 17 is squarely in point.

    In that case, the petitioners assailed the constitutionality of Republic Act No. 6715 18 insofar as it declared vacant the positions of the Commissioners, Executive Labor Arbiters and Labor Arbiters of the National Labor Relations Commission and provided for the removal of the incumbents upon the appointment and qualification of their successors. 19 The Court held that the removal of petitioners was unconstitutional since Republic Act No. 6715 did not expressly or impliedly abolish the offices of petitioners, there being no irreconcilable inconsistency in the nature, duties and functions of the petitioners’ offices under the old law and the new law. Thus:chanrob1es virtual 1aw library

    Abolition of an office is obviously not the same as the declaration that office is vacant. While it is undoubtedly a prerogative of the legislature to abolish certain offices, it can not be conceded the power to simply pronounce those offices vacant and thereby effectively remove the occupants or holders thereof from the civil service. Such an act would constitute, on its face, an infringement of the constitutional guarantee of security of tenure, and will have to be struck down on that account. It can not be justified by the professed "need to professionalize the higher levels of officialdom invested with adjudicatory powers and functions, and to upgrade their qualifications, ranks, and salaries or emoluments.chanroblesvirtuallawlibrary

    This is precisely what RA 8551 seeks to do — declare the offices of petitioners vacant, by declaring that "the terms of office of the current Commissioners are deemed expired," thereby removing petitioners herein from the civil service. Congress may only be conceded this power if it is done pursuant to a bona fide abolition of the NAPOLCOM.

    RA 8551 did not expressly abolish petitioners’ positions. In order to determine whether there has been an implied abolition, it becomes necessary to examine the changes introduced by the new law in the nature, composition and functions of the NAPOLCOM.

    Under RA 6975, the NAPOLCOM was described as a collegial body within the Department of the Interior and Local Government, 20 (Department) whereas under RA 8551 it is made "an agency attached to the Department for policy and program coordination." 21 Contrary to what public respondents would have us believe, this does not result in the creation of an entirely new office. In Mayor, the NLRC, prior to the passage of the amendatory law, was also considered an integral part of the Department of Labor and Employment. RA 6715, however, changed that by declaring that it shall instead." . be attached to the Department of Labor and Employment for program coordination only. . . ." making it a more autonomous body. The Court held that this change in the NLRC’s nature was not sufficient to justify a conclusion that the new law abolished the offices of the labor commissioners.

    Another amendment pointed out by public respondents is the revision of the NAPOLCOM’s composition. RA 8551 expanded the membership of the NAPOLCOM from four to five Commissioners by adding the Chief of the PNP as an ex-officio member. In addition, the new law provided that three of the regular Commissioners shall come from the civilian sector who are neither active nor former members of the police or military, and that the fourth regular Commissioner shall come from the law enforcement sector either active or retired. Furthermore, it is required that at least one of the Commissioners shall be a woman. 22 Again, as we held in Mayor, such revisions do not constitute such essential changes in the nature of the NAPOLCOM as to result in an implied abolition of such office. It will be noted that the organizational structure of the NAPOLCOM, as provided in section 20 of RA 6975 as amended by section 10 of RA 8551, 23 remains essentially the same and that, except for the addition of the PNP Chief as ex-officio member, the composition of the NAPOLCOM is also substantially identical under the two laws. Also, under both laws, the Secretary of the Department shall act as the ex-officio Chairman of the Commission and the Vice-Chairman shall be one of the Commissioners designated by the President. 24

    Finally, the powers and duties of the NAPOLCOM remain basically unchanged by the amendments. Under RA 6975, the Commission has the following powers and functions:chanrob1es virtual 1aw library

    (a) Exercise administrative control over the Philippine National Police;chanrobles virtua| |aw |ibrary

    (b) Advise the President on all matters involving police functions and administration;

    (c) Foster and develop policies and promulgate rules and regulations, standards and procedures to improve police services based on sound professional concepts and principles;

    (d) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities, and facilities of all police agencies throughout the country;

    (e) Prepare a police manual prescribing rules and regulations for efficient organization, administration, and operation, including recruitment, selection, promotion and retirement;

    (f) Establish a system of uniform crime reporting;

    (g) Conduct surveys and compile statistical data for the proper evaluation of the efficiency and effectiveness of all police units in the country;

    (h) Render to the President and to Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendation for appropriate remedial legislation;chanrobles virtuallawlibrary

    (i) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting;

    (j) Affirm reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police;

    (k) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over decisions on claims for police benefits;

    (l) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention;

    (m) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards and medals of honor;

    (n) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue such processes and administer oaths in connection therewith; and

    (o) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct.

    Meanwhile, the NAPOLCOM’s functions under section 5 of RA 8551 are:chanrob1es virtual 1aw library

    a) Exercise administrative control and operational supervision over the Philippine National Police which shall mean the power to:chanrob1es virtual 1aw library

    1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration, and operation, including criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members;chanrobles.com : virtual law library

    2) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities and facilities of all police agencies throughout the country;

    3) Establish a system of uniform crime reporting;

    4) Conduct an annual self-report survey and compile statistical date for the accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country;

    5) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting;

    6) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police;

    7) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over decisions on claims for police benefits;

    8) Prescribe minimum standards for arms, equipment, and uniforms and after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor. Within ninety (90) days from the effectivity of this Act, the standards of the uniformed personnel of the PNP must be revised which should be clearly distinct from the military and reflective of the civilian character of the police;

    9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue such processes and administer oaths in connection therewith;

    10) Inspect and assess the compliance of the PNP on the established criteria for manpower allocation, distribution, and deployment and their impact on the community and the crime situation, and therewith formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel;chanrobles.com : virtual law library

    11) Monitor the performance of the local chief executives as deputies of the Commission; and

    12) Monitor and investigate police anomalies and irregularities.

    b) Advise the President on all matters involving police functions and administration;

    c) Render to the President and to the Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislation;

    d) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program; and

    e) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct."cralaw virtua1aw library

    Clearly, the NAPOLCOM continues to exercise substantially the same administrative, supervisory, rule-making, advisory and adjudicatory functions.

    Public respondents argue that the fact that the NAPOLCOM is now vested with administrative control and operational supervision over the PNP, whereas under RA 6975 it only exercised administrative control should be construed as evidence of legislative intent to abolish such office. 25 This contention is bereft of merit. Control means "the power of an officer to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for the that of the latter." 26 On the other hand, to supervise is to oversee, to have oversight of, to superintend the execution of or the performance of a thing, or the movements or work of a person, to inspect with authority; it is the power or authority of an officer to see that subordinate officers perform their duties. 27 Thus, the power of control necessarily encompasses the power of supervision and adding the phrase "operational supervision" under the powers of the NAPOLCOM would not bring about a substantial change in its functions so as to arrive at the conclusion that a completely new office has been created.chanroblesvirtuallawlibrary

    Public respondents would have this Court believe that RA 8551 reorganized the NAPOLCOM resulting in the abolition of petitioners’ offices. We hold that there has been absolutely no attempt by Congress to effect such a reorganization.

    Reorganization takes place when there is an alteration of the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them. 28 It involves a reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. 29 Naturally, it may result in the loss of one’s position through removal or abolition of an office. However, for a reorganization to be valid, it must also pass the test of good faith, laid down in Dario v. Mison. 30

    . . . As a general rule, a reorganization is carried out in "good faith" if it is for the purpose of economy or to make bureaucracy more efficient. In that event, no dismissal (in case of a dismissal) or separation actually occurs because the position itself ceases to exist. And in that case, security of tenure would not be a Chinese wall. Be that as it may, if the "abolition," which is nothing else but a separation or removal, is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid "abolition" takes place and whatever "abolition" is done, is void ab initio. There is an invalid "abolition" as where there is merely a change of nomenclature of positions, or where claims of economy are belied by the existence of ample funds.

    It is exceedingly apparent to this Court that RA 8551 effected a reorganization of the PNP, not of the NAPOLCOM. They are two separate and distinct bodies, with one having supervision and control over the other. In fact, it is the NAPOLCOM that is given the duty of submitting a proposed reorganization plan of the PNP to Congress. 31 As mentioned earlier, the basic structure of the NAPOLCOM has been preserved by the amendatory law. There has been no revision in its lines of control, authority and responsibility, neither has there been a reduction in its membership, nor a consolidation or abolition of the offices constituting the same. Adding the Chief of the PNP as an ex-officio member of the Commission does not result in a reorganization.

    No bona fide reorganization of the NAPOLCOM having been mandated by Congress, RA 8551, insofar as it declares the terms of office of the incumbent Commissioners, petitioners herein, as expired and resulting in their removal from office, removes civil service employees from office without legal cause and must therefore be struck down for being constitutionally infirm.

    Petitioners are thus entitled to be reinstated to office. It is of no moment that there are now new appointees to the NAPOLCOM. It is a well-entrenched principle that when a regular government employee is illegally dismissed, his position never became vacant under the law and he is considered as not having left his office. The new appointments made in order to replace petitioners are not valid. 32

    At this juncture, we note that it is alleged by public respondents that on June 30, 1998, Canonizado accepted an appointment by President Estrada as the Inspector General of Internal Affairs Services (IAS) of the PNP, pursuant to sections 40 and 41 of RA 8551 and that he took his oath of office before the President on July 7, 1998. However, this is a mere allegation on the part of public respondents of which this Court cannot take judicial notice. Furthermore, this issue has not been fully ventilated in the pleadings of the parties. Therefore, such allegation cannot be taken into consideration by this Court in passing upon the issues in the present case.chanrobles.com : virtual law library

    Petitioners also assail the constitutionality of section 4 of RA 8551 insofar as it limits the law enforcement sector to only one position on the Commission and categorizes the police as being part of the law enforcement sector despite section 6 of Article XVI of the Constitution which provides that the police force shall be civilian in character. Moreover, it is asserted by petitioners that the requirement in section 4 that one of the Commissioners shall be a woman has no rational basis and is therefore discriminatory. They claim that it amounts to class legislation and amounts to an undue restriction upon the appointing power of the President as provided under section 16 of Article VII of the Constitution. 33

    In view of our ruling upon the unconstitutionality of petitioners’ removal from office by virtue of section 8 of RA 8551, we find that there is no longer any need to pass upon these remaining constitutional questions. It is beyond doubt that the legislature has the power to provide for the composition of the NAPOLCOM since it created such body. Besides, these questions go into the very wisdom of the law, and unquestionably lie beyond the normal prerogatives of the Court to pass upon. 34

    WHEREFORE, we grant the petition, but only to the extent of declaring section 8 of RA 8551 unconstitutional-for being in violation of the petitioners’ right to security of tenure. The removal from office of petitioners as a result of the application of such unconstitutional provision of law and the appointment of new Commissioners in their stead is therefore null and void. Petitioners herein are entitled to REINSTATEMENT and to the payment of full backwages to be reckoned from the date they were removed from office. 35

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Ynares-Santiago and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Entitled "An Act Providing For the Reform And Reorganization Of The Philippine National Police And For Other Purposes, Amending Certain Provisions Of Republic Act Numbered Sixty-Nine Hundred And Seventy-Five Entitled, ‘An Act Establishing The Philippine National Police Under A Re-Organized Department Of The Interior And Local Government, And For Other Purposes." Took effect on March 6, 1998.

    2. Rollo, 81.

    3. Ibid..

    4. Ibid., 83.

    5. Constitution, art. 9 (B), sec. 2 (1).

    6. Id., art. 9 (B), sec. 2 (3).

    7. De los Santos v. Mallare, 87 Phil 289 (1950).

    8. Rollo, 84-94.

    9. Eugenio v. Civil Service Commission, 243 SCRA 196 (1995).

    10. Manalang v. Quitoriano, 94 Phil 903 (1954).

    11. Ginzon v. Municipality of Murcia, 158 SCRA 1 (1988); Gregorio v. Court of Appeals, 129 SCRA 184 (1984).

    12. Abrot v. Court of Appeals, 116 SCRA 468 (1982).

    13. Baldoz v. Office of the President, 78 SCRA 354 (1977).

    14. Busacay v. Buenaventura and Murao, 93 Phil 786 (1953).

    15. 200 SCRA 685 (1991). See Gacho v. Osmeña, Jr., 103 Phil 837 (1958); Brillo v. Enage, 94 Phil 732 (1954).

    16. 186 SCRA 108 (1990).

    17. 194 SCRA 672 (1991).

    18. Entitled "An Act To Extend Protection To Labor, Strengthen The Constitutional Rights Of Workers To Self-Organization, Collective Bargaining And Peaceful Concerted Activities, Foster Industrial Peace And Harmony, Promote The Preferential Use Of Voluntary Modes Of Settling Labor Disputes And Reorganize The National Labor Relations Commission, Amending Presidential Decree No. 441, As Amended, Otherwise Known As The Labor Code Of The Philippines, Appropriating Funds Therefor And For Other Purposes." Took effect on March 21, 1989.

    19. Id. SEC. 35 provides —

    Equity of the Incumbent. — Incumbent career officials and rank-and-file employees of the National Labor Relations Commission not otherwise affected by the Act shall continue to hold office without need of reappointment. However, consistent with the need to professionalize the higher levels of officialdom invested with adjudicatory powers and functions, and to upgrade their qualifications, ranks, and salaries or emoluments, all positions of the Commissioners, Executive Labor Arbiters and Labor Arbiters of the present National Labor Relations Commission are hereby declared vacant. However, subject officials shall continue to temporarily discharge their duties and functions until their successors shall have been duly appointed and qualified. (Emphasis supplied)

    20. RA 6975, sec. 13.

    21. RA 8551, sec. 4.

    22. Id.

    23. Id., SEC. 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:

    "SEC. 20. Organizational Structure. — The Commission shall consist of the following units:jgc:chanrobles.com.ph

    "(a) Commission Proper. — This is composed of the offices of the Chairman and four (4) Commissioners.

    "(b) Staff Services. — The staff services of the Commission shall be as follows:jgc:chanrobles.com.ph

    "(1) The Planning and Research Service, which shall provide technical services to the Commission in areas of overall policy formulation, strategic and operational planning, management systems or procedures, evaluation and monitoring of the Commission’s programs, projects and internal operations; and shall conduct thorough research and analysis on social and economic conditions affecting peace and order in the country;

    "(2) The Legal Affairs Service, which shall provide the Commission with efficient service as legal counsel of the Commission; draft or study contracts affecting the Commission and submit appropriate recommendations pertaining thereto; and render legal opinions arising from the administration and operation of the Philippine National Police and the Commission;

    "(3) The Crime Prevention and Coordination Service, which shall undertake criminological researches and studies; formulate a national crime prevention plan; develop a crime prevention and information program and provide editorial direction for all criminology research and crime prevention publications;

    "(4) The Personnel and Administrative Service, which shall perform personnel functions for the Commission, administer the entrance and promotional examinations for policemen, provide the necessary services relating to records, correspondence, supplies, property and equipment, security and general services, and the maintenance and utilization of facilities, and provide services relating to manpower, career planning and development, personnel transactions and employee welfare;

    "(5) The Inspection, Monitoring and Investigation Service, which shall conduct continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP, monitor the implementation of the Commission’s programs and projects relative to law enforcement; and monitor and investigate police anomalies and irregularities;

    "(6) The Installations and Logistics Service, which shall review the Commission’s plans and programs and formulate policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and shall oversee the implementation of programs on transportation facilities and installations and the procurement and maintenance of supplies and equipment; and

    "(7) The Financial Service, which shall provide the Commission with staff advice and assistance on budgetary and financial matters, including the overseeing of the processing and disbursement of funds pertaining to the scholarship program and surviving children of deceased and/or permanently incapacitated PNP personnel.

    "(c) Disciplinary Appellate Boards. — The Commission shall establish a formal administrative disciplinary appellate machinery consisting of the National Appellate Board and the regional appellate boards.

    "The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional appellate boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and the People’s Law Enforcement Board (PLEB) created hereunder."cralaw virtua1aw library

    (amendments are underscored)

    24. RA 6975, sec. 13; RA 8551, sec. 4.

    25. Rollo, 88.

    26. Blaquera v. Alcala, 295 SCRA 366 (1998).

    27. Borres v. Canonoy, G.R. No. L-31641, October 23, 1981.

    28. De Leon and De Leon, Jr., The Law On Public Officers And Election Law (1994 ed.), 365.

    29. Dario v. Mison, 176 SCRA 84 (1989).

    30. 176 SCRA 84 (1989). See Dytiapco v. Civil Service Commission, 211 SCRA 88 (1992); Domingo v. Development Bank of the Philippines, 207 SCRA 766 (1992); Pari-an v. Civil Service Commission, 202 SCRA 772 (1991)

    31. RA 8551, SECTION. 13. Authority of the Commission to Reorganize the PNP. —

    Notwithstanding the provisions of Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to the field offices and by the appointment and assignment of non-uniformed personnel to positions which are purely administrative, technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b) efficient and optimized delivery of police services to the communities.

    The PNP reorganization program shall be approved by Congress through a joint resolution.

    32. Floreza v. Ongpin, 182 SCRA 692 (1990); Tanala v. Legaspi, 13 SCRA 566 (1965).

    33. Rollo, 8-12.

    34. Osmeña v. Commission on Elections, 288 SCRA 447 (1998).

    35. Mendoza v. Quisumbing, 186 SCRA 108 (1990).

    G.R. No. 133132   January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.


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