8/11/2019 Canonizado vs. Aguirre
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Canonizado vs. Aguirre, G.R. No. 133132, January 25, 2000
Canonizado vs. AguirreGR. No. L- 133132, January 25, 2000
FACTS:
The NAPOLCOM was originally created under RA No. 6075 (An Act
Establishing The Philippine National Police Under A
Reorganized Department Of the Interior And Local Government, And
For Other Purposes). Petitioners Edgar Dula Torre,
AlexisCanonizado, Rogelio Pureza and respondent Jose Adiong were
members of the NAPOLCOM under RA 6975.
Dula Torres was first appointed on January 8, 1991 for a six
year term and was reappointed on January 23, 1997 foranother 6
years. Canonizado was appointed on January 25, 1993 to serve the
unexpired term of another Commissioner whichended on Dec. 31, 1995.
On Aug. 23, 1995, he was re-appointed for another 6 years. Pureza
was appointed on Jan, 2, 1997 forsimilar term of 6 years.
Respondent Adiongs appointment was issued on July 23, 1996. None of
their terms had expired at the timethe amendatory law was
passed.
On March 6, 1998, RA 8551 took effect; it declared that the
terms of the current Commissioners were deemed as expiredupon its
effectivity. Consequently, President Ramos appointed Romeo Cairme
on March 11, 1998 as member of the NAPOLCOMfor full 6 year term.
Adiong was also given a term extension of 2 years since he had
served less than 2 years of his previous term.Completing the
membership of the NAPOLCOM are Leo Magahum and Cleofe Factoran.
Petitioners argue that their removal from office by virtue of
Sec. 8 of RA 8551 violates their security of tenure.
Publicrespondents insist that the express declaration in Sec. 8 of
RA 8551 that the terms of petitioners offices are deemed expire
ddiscloses the legislative intent to impliedly abolish NAPOLCOM
created under RA 6975 pursuant to bona fide reorganization.
ISSUE:1. Whether petitioners were removed by virtue of a valid
abolition of their office by Congress?
DECISION:NO.RA 8551 did not expressly abolish petitioners
positions.This is precisely what RA 8551 seeks to do-declare the
offices of the 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
mayonly be conceded this power if it is done pursuant to a bona
fide abolition of the NAPOLCOM. RA 8551 did not expressly
abolishpetitioners positions. In order to determine whether there
has been an implied abolition, it becomes necessary to examine
thechanges introduced by the new law in the nature, composition and
functions of the NAPOLCOM.
The creation and abolition of public offices is primarily a
legislative function. It is acknowledged that Congress may
abolishany office it creates without impairing the officers right
to continue in the position held and that su ch power may be
exercised forvarious reasons, such as the lack of funds or in the
interest of economy. However, in order for the abolition to be
valid, it must bemade in good faith, not for political or personal
reasons, or in order to circumvent the constitutional security of
tenure of civil serviceemployees.
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 legal nullity.
