Professional Documents
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PUREZA
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
FACTS:
Petitioners were appointed Commissioners of the NAPOLCOM, created under RA
6975 entitled "An Act Establishing The Philippine National Police Under A Reorganized
Department Of The Interior And Local Government, And For Other Purposes."
They assail the constitutionality of Republic Act No. 8551 (RA 8551), otherwise
known as the "Philippine National Police Reform and Reorganization Act of 1998," by
virtue of which petitioners herein, were separated from office.
Section 8 of the said act provides 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.
ISSUE:
Whether or not petitioners were removed by virtue of a valid abolition of their
office by Congress.
RULING:
Yes.
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. As such, they cannot be removed
or suspended from office, except for cause provided by law. 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."
An abolition of office connotes an intention to do away with such office wholly and
permanently, as the word "abolished" denotes. Where one office is abolished and
replaced with another office vested with similar functions, the abolition is a legal nullity.