Canonizado vs. Aguirre

11/22/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 323
312 SUPREME COURT REPORTS ANNOTATED

Canonizado vs. Aguirre
*
G.R. No. 133132. January 25, 2000.
ALEXIS C. CANONIZADO, EDGAR DULA TORRES, and

ROGELIO A. PUREZA, petitioners, vs. 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.
Constitutional Law; Tenure of Office; Civil Service Officers

and Employees; The creation and abolition of public offices is
primarily a legislative function; 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.The creation and abolition of
public offices is primarily a legislative function. It is
acknowledged that Congress may abolish any office it creates
without impairing the officers right to continue in the position
held and that such power may be exercised for various reasons,
such as the lack of funds or in the interest of economy. 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.
Same; Same; Same; Where one office is abolished and
replaced with another office vested with similar functions, the
abolition is a legal nullity.An abolition of office connotes an
intention to do away with such office wholly and permanently, as
the word abolisheddenotes. Where one office is abolished and
replaced with another office vested with similar functions, the
abolition is a legal nullity.
Same; Same; Same; Republic Act 8551 did not expressly
abolish petitioners positions.This is precisely what RA 8851
seeks to dodeclare 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
http://www.central.com.ph/sfsreader/session/0000015fe22c090b6f082d72003600fb002c009e/t/?o=False 1/20
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
________________
* EN BANC.
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VOL. 323, JANUARY 25, 2000 313
an implied abolition, it becomes necessary to examine the changes

introduced by the new law in the nature, composition and
functions of the NAPOLCOM.
Same; Same; Same; Petitioners are thus entitled to be
reinstated to office; The new appointments made in order to
replace them are not valid.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.
PETITION to declare R.A. 8851 (RA 8551)

unconstitutional.
The facts are stated in the opinion of the Court.
Go and Castro Law Offices for petitioners.
The Solicitor General for respondents.
GONZAGA-REYES, J.:
The central issue posed before this Court in the present

case is the constitutionality of Republic Act No. 8851 (RA
8551), otherwise known as the Philippine National
1
Police
Reform and Reorganization Act of 1998, 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.
________________
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.
314

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 reappointed 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 oil January 2, 1997 for a similar term of six
years. Respondent Adiongs appointment to the
NAPOLCOM was issued on July 23, 1996. None of their
terms had
2
expired at the time the amendatory law was
passed.
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 and3
Adiong both took their oaths of office on
April 6, 1998. Completing the membership of the
NAPOLCOM are Leo S. Magahum and Cleofe M. Factoran,
who were appointed by President Estrada on June 4
30, 1998
and who took their oaths of office on July 2, 1998.
According to petitioners, sections 4 and 8 of RA 8551 are
unconstitutional. Section 4, amending section 13 of
Republic Act No. 6975, provides
________________
2 Rollo, 81.
3 Ibid.
4 Ibid., 83.
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VOL. 323, JANUARY 25, 2000 315

SEC. 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.
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
5
or controlled corporations
with original charters. As such, they cannot be removed or6
suspended from office, except for cause provided by law.
The phrase except for cause provided by lawrefers to . .

. reasons which the
________________
5 Constitution, art. 9 (B), sec. 2 (1).

6 Id., art. 9(B), sec. 2 (3).
316

law and sound public policy recognize as sufficient warrant

for removal, that is, legal cause, and not merely causes
which the appointing7 power in the exercise of discretion
may deem sufficient.
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
8
of the
NAPOLCOM allegedly effected by RA 8551.
The creation and9 abolition of public offices is primarily a
legislative function. It is acknowledged that Congress may
abolish any office it creates without 10impairing the officers
right to continue in the position held and that such power
may be 11
exercised for various reasons,
12
such as the lack of
funds or in the interest of economy. 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
13
security of tenure of civil service
employees.
An abolition of office connotes an intention to do away
with such office wholly and permanently, as the word
abolished
________________
7 De los Santos vs. 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).
317
VOL. 323, JANUARY 25, 2000 317

14
denotes. Where one office is abolished and replaced with
another office vested with similar functions, the abolition is
15
a legal nullity. Thus, in U.P. Board of Regents v. Rasul
we said:
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 Llana 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 vs. 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 . . . . (italics supplied)
16
This was also our ruling in Guerrero v. Arizabal, 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
________________
14 Busacay v. Buenaventura and Murao, 93 Phil. 786 (1953).

15 200 SCRA 685 (1991). See Gacho v. Osmea, Jr., 103 Phil. 837
(1958); Brillo v. Enage, 94 Phil. 732 (1954).
16 186 SCRA 108 (1990).
318

law. In 17answer to this query, the case of Mayor v.

Macaraig is squarely in point.
In that case, the petitioners 18assailed the
constitutionality of Republic Act No. 6715 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 19
the appointment and
qualification of their successors. 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:
________________
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 rankand-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. (italics supplied)
319
VOL. 323, JANUARY 25, 2000 319

Abolition of an office is obviously not the same as the declaration

that that office is vacant. While it is undoubtedly a prerogative of
the legislature to abolish certain offices, it cannot 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 cannot 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.
This is precisely what RA 8851 seeks to dodeclare 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 within20
the Department of the Interior and
Local Government, whereas under RA 8551 it is made an
agency attached21to the Department for policy and program
coordination. 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 NLRCs nature
________________
20 RA 6975, sec. 13.

21 RA 8551, sec. 4.
320

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 NAPOLCOMs 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 required22 that at
least one of the Commissioners shall be a woman. 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 23section 20 of RA 6975 as amended by section 10
of RA 8551, remains essentially the
_________________
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:
(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:
(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 Commissions
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 aris-
321
VOL. 323, JANUARY 25, 2000 321

same and that, except for the addition of the PNP Chief as
ex-officio member, the composition of the NAPOLCOM is
also
_______________
ing 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 na
tional 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 Commissions 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
Commissions plans and programs and formulate policies and
procedures regarding acquisition, inventory, control, distribution,
maintenance and disposal of supplies and shall oversee the
implemen
tation 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 Peoples Law Enforcement Board (PLEB)
created hereunder.
322

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 24
be one of the Commissioners designated by
the President.
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:
(a) Exercise administrative control over the Philippine

National Police;
(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;
(i) Approve or modify plans and programs on
education and training, logistical requirements,
communications, records, information systems,
crime laboratory, crime prevention and crime
reporting;
________________
24 RA 6975, sec. 13; RA 8551, sec. 4.
323
VOL. 323, JANUARY 25, 2000 323

(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;
Prescribe minimum standards for arms, equipment,

(m) 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 NAPOLCOMs functions
under section 5 of RA 8551 are:
a) Exercise administrative control and operational

supervision over the Philippine National Police
which shall mean the power to:
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;
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;
324

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;
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;
325
VOL. 323, JANUARY 25, 2000 325

Render to the President and to the Congress an

c)
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.
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 NAPOL-
COM is now vested with administrative control and
operational supervision over the PNP, whereas under RA
6975 it only exercised administrative control should be
construed
25
as evidence of legislative intent to abolish such
office. 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 bis
duties and to substitute
26
the judgment of the former for that
of the latter. 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 officer27 to see that subordinate officers
perform their duties. 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
________________
25 Rollo, 88.
26 Blaquera v. Alcala, 295 SCRA 366 (1998).
27 Borres v. Canonoy, G.R. No. L-31641, October 23, 1981, 108 SCRA
190.
326

change in its functions so as to arrive at the conclusion that

a completely new office has been created.
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 lines28
of control, authority
and responsibility between them. It involves a reduction
of personnel, consolidation of offices, or abolition
29
thereof by
reason of economy or redundancy of functions. Naturally,
it may result in the loss of ones position through removal
or abolition of an office. However, for a reorganization to be
valid, it must also
30
pass the test of good faith, laid down in
Dario v. Mison:
. . . 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.
________________
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).
327
VOL. 323, JANUARY 25, 2000 327

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 31
a
proposed reorganization plan of the PNP to Congress. 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
posi-
_______________
31 RA 8551, SEC. 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.
328

tion never became vacant under the law and he is

considered as not having left his office. The new
appointments
32
made in order to replace petitioners are not
valid.
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.
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 33
under
section 16 of Article VII of the Constitution.
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 unques-
________________
32 Floreza v. Ongpin, 182 SCRA 692 (1990); Tanala v. Legaspi, 13

SCRA 566 (1965).
33 Rollo, 8-12.
329
VOL. 323, JANUARY 25, 2000 329

tionably lie34 beyond the normal prerogatives of the Court to

pass upon.
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 35reckoned from the date they were removed from
office.
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.
Petition granted, Sec. 8 of R.A. No. 8551 rendered

unconstitutional. Petitioners entitled to be reinstated with
full back-wages.
Note.When the dispute concerns ones constitutional

right to security of tenure, public office is deemed
analogous to property in a limited sensehence, the right to
due process could rightfully be invoked. (Lumiqued vs.
Exevea, 282 SCRA 125 [1997])
o0o
________________
34 Osmea v. Comission on Elections, 288 SCRA 447 (1998).

35 Mendoza v. Quisumbing, 186 SCRA 108 (1990).
330
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11/22/2017 SUPREME COURT REPORTS ANNOTATED VOLUME 323

312 SUPREME COURT REPORTS ANNOTATED

ALEXIS C. CANONIZADO, EDGAR DULA TORRES, and

Constitutional Law; Tenure of Office; Civil Service Officers

pursuant to a bona fide abolition of the NAPOLCOM. RA 8551 did

VOL. 323, JANUARY 25, 2000 313

Canonizado vs. Aguirre

an implied abolition, it becomes necessary to examine the changes

PETITION to declare R.A. 8851 (RA 8551)

The central issue posed before this Court in the present

1 Entitled An Act Providing For the Reform And Reorganization Of

314 SUPREME COURT REPORTS ANNOTATED

The NAPOLCOM was originally created under Republic

VOL. 323, JANUARY 25, 2000 315

SEC. 13. Creation and Composition.A National Police

Meanwhile, section 8 states that

Petitioners argue that their removal from office by virtue of

The phrase except for cause provided by lawrefers to . .

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

316 SUPREME COURT REPORTS ANNOTATED

law and sound public policy recognize as sufficient warrant

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

VOL. 323, JANUARY 25, 2000 317

It is true that a valid and bona fide abolition of an office denies to

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

318 SUPREME COURT REPORTS ANNOTATED

law. In 17answer to this query, the case of Mayor v.

17 194 SCRA 672 (1991).

and Labor Arbiters of the present National Labor Relations Commission

VOL. 323, JANUARY 25, 2000 319

Abolition of an office is obviously not the same as the declaration

This is precisely what RA 8851 seeks to dodeclare the

20 RA 6975, sec. 13.

320 SUPREME COURT REPORTS ANNOTATED

was not sufficient to justify a conclusion that the new law

(a) Commission Proper.This is composed of the offices of the

thorough research and analysis on social and economic conditions

VOL. 323, JANUARY 25, 2000 321

ing from the administration and operation of the Philippine National

(3) The Crime Prevention and Coordination Service, which shall

tation of programs on transportation facilities and installations

(c) Disciplinary Appellate Boards.The Commission shall establish a

322 SUPREME COURT REPORTS ANNOTATED

substantially identical under the two laws. Also, under

(a) Exercise administrative control over the Philippine

(e) Prepare a police manual prescribing rules and

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

VOL. 323, JANUARY 25, 2000 323

(j) Affirm reverse or modify, through the National

Prescribe minimum standards for arms, equipment,

a) Exercise administrative control and operational

1) Develop policies and promulgate a police manual

324 SUPREME COURT REPORTS ANNOTATED

4) Conduct an annual self-report survey and compile

crime laboratory, crime prevention and crime

b) Advise the President on all matters involving police

VOL. 323, JANUARY 25, 2000 325

Render to the President and to the Congress an

Clearly, the NAPOLCOM continues to exercise

326 SUPREME COURT REPORTS ANNOTATED

change in its functions so as to arrive at the conclusion that

. . . As a general rule, a reorganization is carried out in good

It is exceedingly apparent to this Court that RA 8551

VOL. 323, JANUARY 25, 2000 327