ALEXIS C. CANONIZADO, EDGAR DULA TORRES, and ROGELIO A.

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

G. R. No. 133132 January 25, 2000

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."

The creation and abolition of public offices is primarily a legislative function. It is

acknowledged that Congress may abolish any office it creates without impairing the
officers right to continue in the position held and that such power may be exercised for
various reasons, such as the lack of funds or in the interest of economy. However, in
order for the abolition to be valid, it must be made in good faith, not for political or personal
reasons, or in order to circumvent the constitutional security of tenure of civil service
employees.

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.

RA 8551 did not expressly abolish petitioners positions. In order to determine

whether there has been an implied abolition, it becomes necessary to examine the
changes introduced by the new law in the nature, composition and functions of the
NAPOLCOM.’

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.