CMM DIGEST

Dario v. Mison
August 8, 1989
G.R. No. 81954
(The Law on Public Officers, Civil Service Laws, Election Laws)


Petitioner: Dario
Respondent: Mison (Comm of Customs); Jayme (Sec of Finance); Macaraig (Exec Sec)
Ponente: Sarmiento

FACTS:
P. Cory Aquino issued Proclamation No. 3 in 1986. It provided for priority for the
reorganization of the government, eradication of unjust and oppressive structures, and all
iniquitous vestiges of the previous regime.
3 days later, she issued EO 17, prescribing the rules and regulations for the implementation
of section 2, article III of the freedom constitution. This recognized the unnecessary anxiety
and demoralization among the deserving officials and employees and prescribed grounds for
separation/replacement of personnel.
EO 127: Reorganizing the Ministry of Finance.
Commissioner Mison issued Memorandum Guidelines on the Implementation of
Regorganization Orders.
Mison sent notices to several customs officials, stating that those incumbents whose
positions are not carried in the new reorganization pattern are deemed separated from
service, and that they have been terminated.
CSC ordered reinstatement.
In 1988, RA 6656 was enacted: an act to protect the security of tenure of civil service
employees in the implementation of government reorganization. It mandated the
reinstatement/reappointment of officers/employees whose separation violated its
provisions.
Terminated employees filed this case.
There is no question that the admin may validly carry out a government reorganization. The
issue of the parties are as to the nature and extent.
Argument of Mison: Transitory Provision in Article XVIII, Section 16 explicitly authorizes the
removal of career civil service employees not for cause but as a result of reorganization
pursuant to Proclamation 3. Thus, the reorganization under EO 127 may continue even after
the ratification of the Constitution, and employees may be separated from service without
cause as a result of the reorganization.

ISSUE: WON transitory provision in 1987 Constitution allows the government to remove career
public officials it could have validly done under an automatic vacancy authority and without
rhyme or reason. (since 1935 transition periods have been characterized by provisions for
automatic vacancies)
HELD: NO.
RATIO:
The 1987 Constitution is silent on the matter. This is restraint upon the govt to dismiss public
servants at a moments notice. The other constitutions were express/clear in the matter of
automatic vacancy, unlike the present constitution.
The authority to remove public officials under the provisional constitution ended on February
25, 1987 (Feb 2, 1987).
CMM DIGEST
Dario v. Mison
August 8, 1989
G.R. No. 81954
(The Law on Public Officers, Civil Service Laws, Election Laws)

Even 1987 Consti deliberations confirm this.
Esguerra and Palma-Fernandez cases: After Feb 2, 1987, incumbent officials and employees
acquired security of tenure, which is not a deterrent against separation by reorganization
under quondam fundamental law
Also, state is concerned to ensure that reorganization is no purge.