Professional Documents
Culture Documents
*
G.R. No. 133132. January 25, 2000.
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* EN BANC.
313
GONZAGA-REYES, J.:
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2 Rollo, 81.
3 Ibid.
4 Ibid., 83.
315
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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.
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denotes. Where one office is abolished and replaced with
another office vested with similar functions, the abolition is
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a legal nullity. Thus, in U.P. Board of Regents v. Rasul
we said:
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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:
“(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 aris-
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same and that, except for the addition of the PNP Chief as
ex-officio member, the composition of the NAPOLCOM is
also
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25 Rollo, 88.
26 Blaquera v. Alcala, 295 SCRA 366 (1998).
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27 Borres v. Canonoy, G.R. No. L-31641, October 23, 1981, 108 SCRA
190.
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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).
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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-
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