Professional Documents
Culture Documents
DARIO vs MISON
176 SCRA 84
Status and Characteristics
Creation, Reorganization, and Abolition of Administrative Agencies
FACTS: On March 25, 1986, President Corazon Aquino promulgated Proclamation No. 3, "DECLARING A
NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY THE PEOPLE, PROTECTING THEIR BASIC
RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND PROVIDING FOR AN ORDERLY TRANSITION TO A
GOVERNMENT UNDER A NEW CONSTITUTION. Among other things, Proclamation No. 3 provided:
SECTION 1. The President shall give priority to measures to achieve the mandate of the people to:
(a) Completely reorganize the government, eradicate unjust and oppressive structures, and all iniquitous
vestiges of the previous regime.
Actually, the reorganization process started as early as February 25, 1986, when the President, in her first
act in office, called upon "all appointive public officials to submit their courtesy resignations beginning with
the members of the Supreme Court." Later on, she abolished the Batasang Pambansa and the positions of
Prime Minister and Cabinet under the 1973 Constitution.
On May 28, 1986, the President enacted Executive Order No. 17, "PRESCRIBING RULES AND REGULATIONS
FOR THE IMPLEMENTATION OF SECTION 2, ARTICLE III OF THE FREEDOM CONSTITUTION." Executive Order
No. 17 recognized the "unnecessary anxiety and demoralization among the deserving officials and
employees" the ongoing government reorganization had generated, and prescribed several grounds for the
separation/replacement of personnel.
Specifically, she said on May 28, 1986: WHEREAS, in order to obviate unnecessary anxiety and
demoralization among the deserving officials and employees, particularly in the career civil service, it is
necessary to prescribe the rules and regulations for implementing the said constitutional provision to
protect career civil servants whose qualifications and performance meet the standards of service
demanded by the New Government, and to ensure that only those found corrupt, inefficient and
undeserving are separated from the government service. Noteworthy is the injunction embodied in the
Executive Order that dismissals should be made on the basis of findings of inefficiency, graft, and unfitness
to render public service.
The Presidents Memorandum of October 14, 1987 should furthermore be considered. We quote, in part:
Further to the Memorandum dated October 2, 1987 on the same subject, I have ordered that there will be
no further lay-offs this year of personnel as a result of the government reorganization.
On January 30, 1987, the President promulgated Executive Order No. 127, "REORGANIZING THE MINISTRY
OF FINANCE." Among other offices, Executive Order No. 127 provided for the reorganization of the Bureau
of Customs and prescribed a new staffing pattern therefor.
Three days later, on February 2, 1987, the Filipino people adopted the new Constitution.
On January 6, 1988, incumbent Commissioner of Customs Salvador Mison issued a Memorandum, in the
nature of "Guidelines on the Implementation of Reorganization Executive Orders," prescribing the
procedure in personnel placement. On the same date, Commissioner Mison constituted a Reorganization
Appeals Board charged with adjudicating appeals from removals under the above Memorandum. On
January 26, 1988, Commissioner Mison addressed several notices to various Customs officials.
As far as the records will likewise reveal, a total of 394 officials and employees of the Bureau of Customs
were given individual notices of separation. A number supposedly sought reinstatement with the
Reorganization Appeals Board while others went to the Civil Service Commission. The first thirty one
mentioned above came directly to this Court. The records indeed show that Commissioner Mison separated
about 394 Customs personnel but replaced them with 522 as of August 18, 1988.
On June 30, 1988, the Civil Service Commission promulgated its ruling ordering the reinstatement of the
279 employees. On July 15, 1988, Commissioner Mison, represented by the Solicitor General, filed a motion
for reconsideration. Acting on the motion, the Civil Service Commission, on September 20, 1988, denied
reconsideration. On October 20, 1988, Commissioner Mison instituted certiorari proceedings with this
Court.
On November 16, 1988, the Civil Service Commission further disposed the appeal (from the resolution of
the Reorganization Appeals Board) of five more employees. On January 6, 1989, Commissioner Mison
possibility of the leadership using the artifice of reorganization to frustrate security of tenure. For this
reason, it has installed safeguards. There is nothing unconstitutional about the Act.
RATIO: Reorganizations have been regarded as valid provided they are pursued in good faith.
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