○ First of all, Canonizado did not voluntarily leave his post as Commissioner,

but was compelled to do so on the strength of section 8 of RA 8551.

○ In our decision of 25 January 2000, we struck down section 8 of RA 8551
14. Canonizado v Aguirre for being violative of petitioners' constitutionally guaranteed right to
GR NO. 133132 security of tenure. Thus, Canonizado harbored no willful desire or
February 15, 2001 intention to abandon his official duties. In fact, Canonizado, together with
By: RRV petitioners Edgar Dula Torres and Rogelio A. Pureza, lost no time disputing
Topic: Resignation what they perceived to be an illegal removal
Petitioners: ALEXIS C. CANONIZADO, EDGAR DULA TORRES and ROGELIO A. PUREZA ○ The removal of petitioners from their positions by virtue of a
Respondents: HON. ALEXANDER P. AGUIRRE, as Executive Secretary, HON. EMILIA T. constitutionally infirm act necessarily negates a finding of voluntary
BONCODIN as Secretary of Budget and Management, JOSE PERCIVAL L. ADIONG, ROMEO L. relinquishment.
CAIRME and VIRGINIA U. CRISTOBAL ● There is no question that the positions of NAPOLCOM Commissioner and Inspector
Ponente: Gonzaga-Reyes General of the IAS are incompatible with each other. As pointed out by respondents,
Doctrine: In order to constitute abandonment of office, it must be total and under such RA 8551 prohibits any personnel of the IAS from sitting in a committee charged with
circumstances as clearly to indicate an absolute relinquishment. There must be a complete the task of deliberating on the appointment, promotion, or assignment of any PNP
abandonment of duties of such continuance that the law will infer a relinquishment. personnel, whereas the NAPOLCOM has the power of control and supervision over
Abandonment of duties is a voluntary act; it springs from and is accompanied by deliberation the PNP. However, the rule on incompatibility of duties will not apply to the case at
and freedom of choice. bar because at no point did Canonizado discharge the functions of the two offices
FACTS: simultaneously. Canonizado was forced out of his first office by the enactment of
● Respondents are seeking a reconsideration of the Court's 25 January 2000 decision, section 8 of RA 8551.
wherein we declared section 8 of Republic Act No. 8551 (RA 8551) to be violative of WHEREFORE, respondents' motion for reconsideration is hereby DENIED. However, it is hereby
petitioners' constitutionally mandated right to security of tenure clarified that our 25 January 2000 decision mandates the reinstatement of Jose Percival L.
● As a consequence of our ruling, we held that petitioners' removal as Commissioners Adiong to the NAPOLCOM, together with petitioners herein, pursuant to his appointment
of the National Police Commission (NAPOLCOM) and the appointment of new under RA 6975. SO ORDERED
Commissioners in their stead were nullities and ordered the reinstatement of
petitioners and the payment of full backwages to be computed from the date they
were removed from office. 15. Floresca v. Quetulio
ISSUE: W/N the petitioners truly abandoned their office - NO GR NO. L-2215
RULING: November 22, 1948
● Abandonment of an office is the voluntary relinquishment of an office by the holder, SPV
with the intention of terminating his possession and control thereof Topic: Termination of Official Relations; Abandonment
● In order to constitute abandonment of office, it must be total and under such Petitioners: Luis Floresca
circumstances as clearly to indicate an absolute relinquishment. There must be a Respondents: Amparo Quetulio
complete abandonment of duties of such continuance that the law will infer a Ponente: Paras
relinquishment. Abandonment of duties is a voluntary act; it springs from and is
accompanied by deliberation and freedom of choice. There are, therefore, two FACTS
essential elements of abandonment: first , an intention to abandon and second , an - Floresca was a pre-war justice of peace of Piddig, Carasi and Nagpapalcan, Ilocos
overt or "external" act by which the intention is carried into effect Norte.
● Two ways to abandon an office - When he was required by the proper authorities to assume his pre-war post after
○ Non-user the liberation, refused to do so and pointed out that the salary of the position could
■ a neglect to use a right or privilege or to exercise an office not then sustain his family.
○ Acquiescence o He then accepted the position, first, of junior legal assistant and, secondly,
■ unreasonable delay by an officer illegally removed in taking of civilian investigator of the Provost Marshal Office in the Gabu U. S. Army
steps to vindicate his rights Air Base at Laoag, Ilocos Norte; that shortly after the inauguration of the
● By accepting the position of Inspector General during the pendency of the present Republic of the Philippines, or on July 27, 1946, the petitioner accepted the
case — brought precisely to assail the constitutionality of his removal from the position of senior social worker, PRATRA, for Ilocos Norte.
NAPOLCOM — Canonizado cannot be deemed to have abandoned his claim for - Floresca now prays for his reinstatement to the position of justice of peace.
reinstatement to the latter position
 o He contends that he was not reappointed either upon the restoration of ● Petitioner filed a notice of appeal with the Civil Service Commission alleging that he
the Commonwealth Government or upon the establishment of the was a permanent employee and that he was terminated without prior written notice
Republic of the Philippines, in violation of his constitutional tenure. of the charges and without investigation and hearing, in violation of his security of
- Quetulio, whose ouster is sought by the petitioner, admits her appointment to and tenure and due process. He alleged that the act of Mayor Pangilinan was an act of
actual incumbency of the position held before the war by Floresca, but asserts her political vengeance as he was publicly known to have voted for his political rival.
right to stay in view of the latter’s abandonment of said office. ● Mayor Pangilinan contends that
o That the dropping of appellant from the payroll was pursuant to
ISSUE: W/N Floresca can be reinstated as a justice of peace - NO Memorandum Circular No. 12, series of 1994, dated March 10, 1994, of
this Honorable Commission due to insubordination and for being absent
HELD without o􏰀cial leave, and was resorted to when appellant failed to justify
- Quetulio’s contention is correct. his continued leave of absence without official leave
- Floresca’s refusal to go back to his old post and his subsequent acceptance of other o failure to comply with the May 31, 1995 memorandum constitute
employments, without any pretense on his part that he simultaneously continued to insubordination and his continued absence without official leave was
perform the functions of justice of the peace, clearly show deliberate abandonment deemed and considered as abandonment of employment.
of the latter office. ● The Civil Service Commission in Resolution No. 96-0828 dated February 6, 1996
- In the year 1946, Floresca, in his application submitted to the committee in charge dismissed the appeal and a􏰀rmed the action of the Municipal Mayor in dropping him
of passing upon applications for government positions in Ilocos Norte, made it clear from the roll of employees for absence without leave
that he wanted to be appointed to any position other than that of justice of the ● Lameyra 􏰀led a motion for reconsideration alleging that he had not earlier been
peace. furnished copy of Mayor Pangilinan’s comment and disputing the version of Mayor
- To now reinstate the petitioner would be to allow a government official to Pangilinan that he refused to report for work. He claimed that upon advice of the
subordinate public interest to personal comfort and convenience. Civil Service Commission in Sta. Cruz, Laguna, he reported for work at the office of
the Vice Mayor Constancio Fernandez, as he was not allowed by the Personnel
DISPOSITIVE Officer to sign his name in the log book.
The petition is therefore denied, with costs against the petitioner. So ordered.
ISSUE: The petitioner abandoned his employment? - NO

16. Lameyra v. Pangilinan HELD/RATIO:

G.R. No. 131675 ● Civil Service Memorandum Circular No. 12 Series of 1994 provides as follows:
DATE: MAR. 2, 2001 "2.1 Absence without approved leave
By: EAY3 An officer or employee who is continuously absent without approved leave
Topic: ABANDONMENT (AWOL) for at least thirty (30) calendar days shall be separated from the service or
Petitioners: LAMEYRA dropped from the rolls without prior notice. He shall, however, be informed of his
Respondents: PANGILINAN separation from the service not later than 􏰀5 days from its effectivity which shall be
Ponente: GONZAGA-REYES, J. sent to the address appearing in his 201 files.
● It is clear from a reading of the above provision that the no prior notice is required
FACTS: to drop from the rolls an employee who has been continuously absent without
● Pedro C. Lameyra was a janitor/messenger in the Municipal Hall of Famy, Laguna. He approved leave (AWOL) for at least thirty (30) calendar days. It appears that solely
was appointed as such on February 2, 1988 under temporary status and was given a on the basis of the certi􏰀cation of the Personnel O􏰀cer/Human Resources
permanent appointment on January 1, 1989 to the same position by then Municipal Management Assistant Benito Vicencio to the effect that petitioner did not report
Mayor Melquiadez Acomular. for work for the period from July 6, 1995 to August 6, 1995, and the undisputed fact
● Mayor Acomular was defeated in the last election for the mayoralty post by that he has not submitted any proof that he actually 􏰀led an application for leave
respondent Mayor George S. Pangilinan. nor presented any approved leave application for the said period, petitioner’s
● On August 21, 1995, petitioner Lameyra received a letter from respondent Mayor termination from the service was upheld by the Civil Service Commission and the
Pangilinan informing him that he is dropped from the roll of employees of the local Court of Appeals.
government unit of Famy, Laguna pursuant to Memorandum Circular No. 12, Series ● However, petitioner contests the 􏰀nding that he was absent at all. He claims that he
of 1994 of the Civil Service Commission due to the following reasons: 1. reported for work but was prevented from signing the log book by the very o􏰀cer,
Insubordination; 2. AWOL. Benito Vicencio, who certi􏰀ed that he did not report for work on the dates in
question. He alleges in his petition and insists in his reply, that he was not furnished
a copy of Mayor Pangilinan’s comment, and was able to secure a copy only after
 receiving a copy of the Resolution of the Civil Service Commission upholding the ● Zandueta, acting as executive judge, performed several executive acts:
termination of his service. This allegation of petitioner, which was raised even in the ○ Designation of assistant clerk as admin. Officer; Appointment of a lawyer
Court of Appeals was not disputed by respondent Pangilinan in his Comment to the as notary public; Authorized justice of the peace Iñigo R. Peña to defend a
Petition nor in his Comment to the Petition filed in the Court of Appeals. Accordingly, criminal case the hearing of which had begun during the past sessions in
the first opportunity that petitioner had to contest the su􏰀ciency of the evidence to Coron; Granted a leave of absence of 10 days to justice of the peace
support his dismissal was when he 􏰀led his motion for reconsideration from the Abordo; Granted a leave of absence of 13 days to another justice of the
Resolution of the Civil Service Commission dated February 6, 1996. The three sworn peace
statements which were annexes to said motion directly controverted Vicencio's ● May 1938: Com. on Appointments disapproved the ad interim appointment of
certi􏰀cation that he was absent without leave, cannot be considered new evidence Zandueta, who was advised by the Secretary of Justice
belatedly submitted as there was no notice and hearing when he was dropped from ● August 1938: President appointed de la Costa as judge to preside over CFI MANILA
the rolls. Considering that one of the a􏰀ants is Vice-Mayor Fernandez, whose acts as & CFI PALAWAN, and his appointment was approved by the Com. on Appointments
a public o􏰀cial are also entitled to a presumption of regularity in the performance of ● De la Costa took the necessary oath and assumed office.
duty, it would be in compliance with the requirements of due process to have given ○ President issued the corresponding final appointment in favor of de la
said sworn statement due consideration in view of the circumstances prevailing in Costa
this case. This is in consonance with the respondent’s own theory that petitioner was
afforded his right to be heard when he 􏰀led his motion for reconsideration in the ISSUE: W/N Zandueta may proceed to question the constitutionality of the law by virtue of
Civil Service Commission. which the new ad interim appointment of judge of first instance of the Fourth Judicial
District, to preside over the Courts of First Instance of Manila and Palawan, was issued in his
WHEREFORE, the judgment appealed from is reversed and set aside. Let the case be remanded favor.
to the Civil Service Commission for further proceedings in accordance with the tenor of this
decision. cda RULING: NO -- HE IS ESTOPPED.
● It should be noted that the territory over which Zandueta could exercise and did
exercise jurisdiction by virtue of his last appointment is wider than that over which
SO ORDERED.
he could exercise and did exercise jurisdiction by virtue of the former.
○ Hence, there is incompatibility between the 2 appointments and,
17. Zandueta v. de la Costa consequently, in the discharge of the office conferred by each of them,
G.R. No. L-46267 resulting in the absorption of the former by the latter.
November 28, 1938 ● In accepting this appointment and qualifying for the exercise of the functions of the
By: Sarah Zurita office conferred by it, by taking the necessary oath, and in discharging the same,
Topic: ACCEPTANCE OF INCOMPATIBLE OFFICE disposing of both judicial and administrative cases corresponding to the CFIs of
Petitioners: FRANCISCO ZANDUETA Manila & Palawan, Zandueta abandoned his first appointment and ceased in the
Respondents: SIXTO DE LA COSTA exercise of the functions of the office occupied by him by virtue thereof.
Ponente: Villa-real ● GR: when a public official voluntarily accepts an appointment to an office newly
FACTS: created or reorganized by law, — which new office is incompatible with the one
● Quo warranto instituted by Hon. Zandueta against Hon. de la Costa formerly occupied by him — , qualifies for the discharge of the functions thereof by
○ Zandueta is alleging that de la Costa has been illegally occupying the office taking the necessary oath, and enters into the performance of his duties by executing
of Judge CFI MANILA acts inherent in said newly created or reorganized office and receiving the
● 1st appointment: Zandueta was discharging the office of judge of first instance of CFI corresponding salary, he will be considered to have abandoned the office he was
MANILA, by virtue of an ad interim appointment issued by the President in his favor, occupying by virtue of his former appointment and he can not question the
and confirmed by the Com. on Appointments of the National Assembly. constitutionality of the law by virtue of which he was last appointed
● CA 145 (Judicial Reorganization Law) was enacted ○ He is excepted from said rule only when his non-acceptance of the new
○ Zandueta received from the President a new ad interim appointment as appointment may affect public interest or when he is compelled to accept
judge of first instance of both CFI MANILA & CFI PALAWAN in accordance it by reason of legal exigencies
with said Act. ● If the petitioner believed, as he now seems to believe, that Commonwealth Act No.
● National Assembly adjourned with the Com. on Appointments NOT acting on the 145 is unconstitutional, he should have refused to accept the appointment offered
new ad interim appointment of Zandueta him or, at least, he should have accepted it with reservation, had he believed that
● 2nd appointment: Another ad interim appointment to the same office was issued for his duty of obedience to the laws compelled him to do so, and afterwards resort to
Zandueta -- he took oath the power entrusted with the final determination of the question whether a law is
unconstitutional or not.
 ○ If he voluntarily accepted the office to which he was appointed, he would ● To constitute a complete and operative resignation from public office, there must
later be estopped from questioning the validity of said appointment by be:
alleging that the law, by virtue of which his appointment was issued, is o (a) an intention to relinquish a part of the term;
unconstitutional. o (b) an act of relinquishment;
○ He likewise knew, or at least he should know, that his ad interim o (c) an acceptance by the proper authority.
appointment was subject to the approval of the Commission on Abandonment of Office - voluntary relinquishment of an office by the holder, with the
Appointments of the National Assembly and that if said commission were intention of terminating his possession and control thereof. Indeed, abandonment of office is
to disapprove the same, it would become ineffective and he would cease a species of resignation; while resignation in general is a formal relinquishment, abandonment
discharging the office. is a voluntary relinquishment through nonuser. Nonuser refers to a neglect to use a privilege
● when a judge of first instance, presiding over a branch of a Court of First Instance of or a right (Cylopedic Law Dictionary, 3rd ed.) or to exercise an easement or an office (Black's
a judicial district by virtue of a legal and valid appointment, accepts another Law Dictionary, 6th ed.). Abandonment springs from and is accompanied by deliberation and
appointment to preside over the same branch of the same Court of First Instance, in freedom of choice. Its concomitant effect is that the former holder of an office can no longer
addition to another court of the same category, both of which belong to a new legally repossess it even by forcible reoccupancy.
judicial district formed by the addition of another Court of First Instance to the old ● There are 2 essential elements of abandonment
one, enters into the discharge of the functions of his new office and receives the o (1) an intention to abandon and
corresponding salary, he abandons his old office and cannot claim to be to repossess o (2) an overt act by which intention is carried on.
it or question the constitutionality of the law by virtue of which his new appointment
has been issued
○ said new appointment having been disapproved by the Commission on
Appointments of the National Assembly, neither can he claim to continue
occupying the office conferred upon him by said new appointment, having
ipso jure ceased in the discharge of the functions thereof.

DISPOSITIVE PORTION: Wherefore, the petition for quo warranto instituted is denied and the
same is dismissed with costs to the petitioner. So ordered.

FACTS:
● Antonio, private respondent, was elected barangay captain of Sapang Palay Catanduanes
on March 1989.
● He was later elected president of the Association of Barangay Council(ABC) for the
Municiplity of San Andres Catanduanes.
● Pursuant to the Local Government Code of 1983, he was appointed by the President as
Member of the Sanguniang Bayan of the said municipality.
18. Sangguniang Bayan of San Andres v CA ● Meanwhile, DILG Sec. declared the election for the president of the Federation of the
GR 118883 Association of Barangay Council(FABC) void for lack of quorum.
January 16,1998 ● As a result, the provincial council was reorganized.
By: MJB ● DILG Sec then designated private respondent as a temporary member of the Sanguniang
Topic: Termination of Official Relations – Acceptance of Incompatible Office Panlalawigan of Catanduanes effective on 15 June 1990. Because of his designation,
Petitioners: SB of San Andres Catanduanes – V.Mayor Nenito Aquino and Mayor Lydia Romano private respondent tendered his resignation as a member of the Sanguniang
Respondents: CA and Augusto Antonio Bayan dated 14 June 1990 to the Mayor of San Andres Catanduanes. Copies of his
Ponente: Carpio Morales letters were also forwarded to the provincial governor, DILG and the municipal
NOTE: Mahaba lang pagkakagawa ko dahil sa Doctrine pero madali lang siya. treasurer
● Subsequently, Aquino then the Vice President of ABC was appointed by the provincial
DOCTRINE: governor as member of the Sanguniang Bayan in place of private respondent.
Resignation – Defined in Ortiz v Comelec act of giving up or the act of an officer by which he ● Aquino assumed office on 18 July 1980 after taking his oath.
declines his office and renounces the further right to use it. It is an expression of the incumbent ● Subsequently, the ruling of the DILG annulling the election of the FABC president was
in some form, express or implied, of the intention to surrender, renounce, and relinquish the reversed by the Supreme Court and declared the appointment of private respondent
office and the acceptance by competent and lawful authority." void for lacking the essential qualification of being the president of FABC.
● On 31 March 1992, private respondent wrote to the Sanguniang Bayan(SB) of San Andres
regarding his re-assumption of his original position. SB refused.

ISSUE:
1. Whether or not respondent's resignation as ex-officio member of Petitioner Sangguniang
Bayan ng San Andres, Catanduanes is deemed complete so as to terminate his official
relation thereto; - NOPE!
2. Whether or not respondent had totally abandoned his ex-officio membership in
Petitioner Sangguniang Bayan
3. Whether or not respondent is entitled to collect salaries - NO SIR!

Second Issue: ABANDONMENT

● Abandonment has been defined as the voluntary relinquishment of an office by the
holder, with the intention of terminating his possession and control thereof.
● Resignation is the formal relinquishment, abandonment is the voluntary
relinquishment by non-user.
● There are 2 essential elements of abandonment
o (1) an intention to abandon and
HELD/RATIO: o (2) an overt act by which intention is carried on.
First Issue: RESIGNATION ● In the case at bar the first element was manifested on the following instances:
● The resignation was not complete for lack of acceptance thereof of the proper authority o (1) private respondent’s failure to perform his function as SB;
however, an office may still be deemed relinquished through o (2) his failure to collect the corresponding renumeration for the position,
voluntary abandonment which needs no acceptance. o (3)his failure to object to the appointment of Aquino as his replacement to SB
● In Ortiz vs Comelec, resignation is defined as the “act of giving up of an ifficer by which and
he declines his office andrenounces the further right to use it”. It can be express or o (4) his prolonged failure to initiate any act to reassume his post in the SB after
implied. SC had nullified his designation as member of Sanguniang Panlalawigan.
● To constitute a complete and operative resignation the following must be present. ● The second element was demonstrated by the following:
o (1) an intention to relinquish a part of the term; o (1) his letter of resignation,
o (b) an act of relinquishment; o (2) his assumption of office as member of the Sanguniang Panlalawigan,
o (c) an acceptance by the proper authority. In the case at bar, there was no o (3) his faithful discharge of his duties and functions of SP and
evidence that the private respondent’s resignation was accepted by the o (4) his recept of renumeration for such post.
proper authority.
● Although the Local Government Code of 1983 was silent as to who specifically should
accept the resignation it provides that the position shall be deemed vacated only upon Third Issue: SALARY
acceptance of resignation and should be acted upon by the Sangunian concerned. ● Having ruled that private respondent had voluntarily abandoned his post at
● The resignation letter was tendered to the mayor and copies were sent to the governor, theSangguniang Bayan, he cannot be entitled to any back salaries.
DILG and the municipal treasurer but none of them expressly acted on it. ● Basic is the "no work, no pay" rule.
● Furthermore, under established jurisprudence, resignations, in the absence of statutory ● A public officer is entitled to receive compensation for services actually rendered for as
provisions as to whom it should be submitted, should be submitted to the appointing long as he has the right to the office being claimed.
power. ● When the act or conduct of a public servant constitutes a relinquishment of his office, he
● Therefore, the resignation should have been submitted to the president or to the DILG as has no right to receive any salary incident to the office he had abandoned.
the president’s alter ego.
● Petition Granted and Assailed Decision is Reversed and Set Aside. No Cost

20.) DARIO vs. MISON

G.R. NO. 81954
08 AUG 1989
 TOPIC: Termination of official relations; Removal ○ In this connection, we regret to inform you that your services are hereby terminated as
PETITIONER: Cesar Dario of February 28, 1988. Subject to the normal clearances, you may receive the retirement
RESPONDENTS: HON. SALVADOR M. MISON, HON. VICENTE JAYME and HON. CATALINO benefits to which you may be entitled under existing laws, rules and regulations.
MACARAIG, JR., in their respective capacities as Commissioner of Customs, Secretary of ○ In the meantime, your name will be included in the consolidated list compiled by the Civil
Finance, and Executive Secretary Service Commission so that you may be given priority for future employment with the
PONENTE: Sarmiento Government as the need arises.
● As far as the records will likewise reveal, a total of 394 officials and employees of the Bureau
FACTS: of Customs were given individual notices of separation.
● On March 25, 1986, President Corazon Aquino promulgated Proclamation No. 3,
"DECLARING A NATIONAL POLICY TO IMPLEMENT THE REFORMS MANDATED BY THE ISSUE: Whether Section 16 of Article XVIII of the 1987 Constitution is a grant of a license upon
PEOPLE, PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND the Government to remove career public officials it could have validly done under an
PROVIDING FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW "automatic" vacancy-authority and to remove them without rhyme or reason. NO.
CONSTITUTION."
● Among other things, Proclamation No. 3 provided: RULING:
○ The President shall give priority to measures to achieve the mandate of the people to: ● The core provision of law involved is Section 16 Article XVIII, of the 1987 Constitution.
○ (a) Completely reorganize the government, eradicate unjust and oppressive structures, ○ Sec. 16. Career civil service employees separated from the service not for cause but as a
and all iniquitous vestiges of the previous regime; result of the reorganization pursuant to Proclamation No. 3 dated March 25, 1986 and
● Pursuant thereto, it was also provided: the reorganization following the ratification of this Constitution shall be entitled to
○ SECTION 2. All elective and appointive officials and employees under the 1973 appropriate separation pay and to retirement and other benefits accruing to them under
Constitution shall continue in office until otherwise provided by proclamation or the laws of general application in force at the time of their separation. In lieu thereof, at
executive order or upon the appointment and qualification of their successors, if such is the option of the employees, they may be considered for employment in the Government
made within a period of one year from February 25, 1986. or in any of its subdivisions, instrumentalities, or agencies, including government-owned
○ SECTION 3. Any public officer or employee separated from the service as a result of the or controlled corporations and their subsidiaries. This provision also applies to career
organization effected under this Proclamation shall, if entitled under the laws then in officers whose resignation, tendered in line with the existing policy, had been accepted.
force, receive the retirement and other benefits accruing thereunder. ● The Court considers the above provision critical for two reasons:
● The reorganization process actually started as early as February 25, 1986, when the ○ (1) It is the only provision — in so far as it mentions removals not for cause — that would
President called upon "all appointive public officials to submit their courtesy resignations arguably support the challenged dismissals by mere notice, and
beginning with the members of the Supreme Court." ○ (2) It is the single existing law on reorganization after the ratification of the 1987 Charter,
● Later on, she abolished the Batasang Pambansa and the positions of Prime Minister and except Republic Act No. 6656, which came much later.
Cabinet under the 1973 Constitution. Since then, the President has issued a number of ● It is also to be observed that unlike the grants of power to effect reorganizations under the
executive orders and directives reorganizing various other government offices. past Constitutions, the above provision comes as a mere recognition of the right of the
● On January 30, 1987, the President promulgated E.O. 127, "REORGANIZING THE MINISTRY Government to reorganize its offices, bureaus, and instrumentalities.
OF FINANCE." Among other offices, Executive Order No. 127 provided for the reorganization ● Other than references to "reorganization following the ratification of this Constitution,"
of the Bureau of Customs and prescribed a new staffing pattern therefor. there is no provision for "automatic" vacancies under the 1987 Constitution.
● Three days later, on February 2, 1987, the Filipino people adopted the new Constitution. ● Invariably, transition periods are characterized by provisions for "automatic" vacancies.
● Incumbent Commissioner of Customs Salvador Mison issued a Memorandum, in the nature They are dictated by the need to hasten the passage from the old to the new Constitution
of "Guidelines on the Implementation of Reorganization Executive Orders," prescribing the free from the "fetters" of due process and security of tenure.
procedure in personnel placement. ● At this point, we must distinguish removals from separations arising from abolition of
● On January 26, 1988, Commissioner Mison addressed several notices to various Customs office (not by virtue of the Constitution) as a result of reorganization carried out by reason
officials, in the tenor as follows: of economy or to remove redundancy of functions.
○ Please be informed that the Bureau is now in the process of implementing the ● In the latter case, the Government is obliged to prove good faith. In case of removals
Reorganization Program under Executive Order No. 127. undertaken to comply with clear and explicit constitutional mandates, the Government is
○ Pursuant to Section 59 of the same Executive Order, all officers and employees of the not hard put to prove anything, plainly and simply because the Constitution allows it.
Department of Finance, or the Bureau of Customs in particular, shall continue to perform ● Evidently, the question is whether or not Section 16 of Article XVIII of the 1987 Constitution
their respective duties and responsibilities in a hold-over capacity, and that those is a grant of a license upon the Government to remove career public officials it could have
incumbents whose positions are not carried in the new reorganization pattern, or who validly done under an "automatic" vacancy-authority and to remove them without rhyme
are not re- appointed, shall be deemed separated from the service. or reason.
● As we have seen, since 1935, transition periods have been characterized by provisions for ● Finally, he was aware that layoffs should observe the procedure laid down by Executive
"automatic" vacancies. We take the silence of the 1987 Constitution on this matter as a Order No. 17.
restraint upon the Government to dismiss public servants at a moment's notice. ● We are not, of course, striking down Executive Order No. 127 for repugnancy to the
● What is, indeed, apparent is the fact that if the present Charter envisioned an "automatic" Constitution. While the act is valid, still and all, the means with which it was implemented is
vacancy, it should have said so in clearer terms, as its 1935, 1973, and 1986 counterparts not.
had so stated. ● In conclusion, we restate as follows:
● Whatever reorganization is taking place is upon the authority of the present Charter, and ● 1. The President could have validly removed government employees, elected or appointed,
necessarily, upon the mantle of its provisions and safeguards. Hence, it can not be without cause but only before the effectivity of the 1987 Constitution on February 2, 1987
legitimately stated that we are merely continuing what the revolutionary Constitution of (De Leon v. Esguerra, supra; Palma-Fernandez vs. De la Paz, supra); in this connection,
the Revolutionary Government had started. Section 59 (on non-reappointment of incumbents) of Executive Order No. 127 cannot be a
● Reorganization under the aegis of the 1987 Constitution is not as stern as reorganization basis for termination;
under the prior Charter. Whereas the latter, sans the President's subsequently imposed ● 2. In such a case, dismissed employees shall be paid separation and retirement benefits or
constraints, envisioned a purgation, the same cannot be said of the reorganization upon their option be given reemployment opportunities (CONST. [1987], art. XVIII, sec. 16;
inferred under the new Constitution because, precisely, the new Constitution seeks to Rep. Act No. 6656, sec. 9);
usher in a democratic regime. ● 3. From February 2, 1987, the State does not lose the right to reorganize the Government
○ But even if we concede ex gratia argumenti that Section 16 is an exception to due process resulting in the separation of career civil service employees [CONST. (1987), supra] provided,
and no-removal-"except for cause provided by law" principles enshrined in the very same that such a reorganization is made in good faith. (Rep. Act No. 6656, supra.)
1987 Constitution, which may possibly justify removals "not for cause," there is no
contradiction in terms here because, while the former Constitution left the axe to fall DISPOSITION
where it might, the present organic act requires that removals "not for cause" must be as WHEREFORE, THE RESOLUTIONS OF THE CIVIL SERVICE COMMISSION, DATED JUNE 30, 1988,
a result of reorganization. As we observed, the Constitution does not provide for SEPTEMBER 20, 1988, NOVEMBER 16, 1988, INVOLVED IN G.R. NOS. 85310, 85335, AND 86241,
"automatic" vacancies. AND MAY 8, 1989, INVOLVED IN G.R. NO. 85310, ARE AFFIRMED.
○ It must also pass the test of good faith — a test not obviously required under the THE PETITIONS IN G.R. NOS. 81954, 81967, 82023, AND 85335 ARE GRANTED. THE PETITIONS
revolutionary government formerly prevailing, but a test well-established in democratic IN G.R. NOS. 83737, 85310 AND 86241 ARE DISMISSED.
societies and in this government under a democratic Charter. THE COMMISSIONER OF CUSTOMS IS ORDERED TO REINSTATE THE EMPLOYEES SEPARATED
● Reorganizations in this jurisdiction have been regarded as valid provided they are pursued AS A RESULT OF HIS NOTICES DATED JANUARY 26, 1988.
in good faith. THE EMPLOYEES WHOM COMMISSIONER MISON MAY HAVE APPOINTED AS REPLACEMENTS
● As a general rule, a reorganization is carried out in "good faith" if it is for the purpose of ARE ORDERED TO VACATE THEIR POSTS SUBJECT TO THE PAYMENT OF WHATEVER BENEFITS
economy or to make bureaucracy more efficient. In that event, no dismissal (in case of a THAT MAY BE PROVIDED BY LAW.
dismissal) or separation actually occurs because the position itself ceases to exist. And in
that case, security of tenure would not be a Chinese wall. 21. PEREZ V. PROVINCIAL BOARD
● Be that as it may, if the "abolition," which is nothing else but a separation or removal, is GR NO. L-35474
done for political reasons or purposely to defeat sty of tenure, or otherwise not in good MARCH 29, 1982
faith, no valid "abolition' takes place and whatever "abolition' is done, is void ab initio. By: CLAIRE
● There is an invalid "abolition" as where there is merely a change of nomenclature of Topic: FORFEITURE
positions, 82 or where claims of economy are belied by the existence of ample funds. Petitioners: HONORATO C. PEREZ
● The Court finds that after February 2, 1987 no perceptible restructuring of the Customs Respondents: PROVINCIAL BOARD OF NUEVA ECIJA, HON. EDUARDO L. JOSON, in his capacity
hierarchy — except for the change of personnel — has occurred, which would have justified as Governor of Nueva Ecija, and VALENTIN C. ESCUADRO, in his capacity as Provincial Treasurer
the contested dismissals. of Nueva Ecija
● There is no showing that legitimate structural changes have been made — or a Ponente: ESCOLIN
reorganization actually undertaken, for that matter — at the Bureau since Commissioner
Mison assumed office, which would have validly prompted him to hire and fire employees. FACTS:
● There can therefore be no actual reorganization to speak of, in the sense, say, of reduction · An action was filed for certiorari, prohibition, and mandamus to annul Resolution
of personnel, consolidation of offices, or abolition thereof by reason of economy or No. 228 of the respondent Provincial Board of Nueva Ecija; to enjoin respondents from
redundancy of functions, but a revamp of personnel pure and simple. enforcing and implementing said Resolution; and to compel respondents to recognize
● The records indeed show that Commissioner Mison separated about 394 Customs personnel petitioner Honorato Perez as acting provincial fiscal
but replaced them with 522 as of August 18, 1988. 86 This betrays a clear intent to "pack" · When former fiscal Celestino Juan was appointed judge of the CFI of Quezon, Sec of
the Bureau of Customs. He did so, furthermore, in defiance of the President's directive to Justice, in AO 388, designated first assistant fiscal Emilio Cecilio of Nueva Ecija as acting
halt further layoffs as a consequence of reorganization. provincial fiscal
 · Then Pres. Marcos nominated Honorato for appointment to the position of provincial
fiscal of Nueva Ecija. It appears, however, that the nomination was submitted to the Topic: TERMINATION OF OFFICIAL RELATIONS; ABOLITION OF OFFICE
Commission on Appointments (COA) for confirmation was by-passed upon adjournment Petitioners: GUALBERTO J. DE LA LLANA, Presiding Judge, Branch II of the City Court of
sine die of Congress. The ff day, Marcos designated petitioner as acting provincial fiscal. Olongapo, ESTANISLAO L. CESA, JR., FIDELA Y. VARGAS, BENJAMIN C. ESCOLANGO, JUANITO C.
· Reacting to the said designation, Provincial Board enacted Resolution No. 146 address ATIENZA, MANUEL REYES ROSAPAPAN, JR., VIRGILIO E. ACIERTO, and PORFIRIO AGUILLON
to the COA, manifesting its opposition to the confirmation of Honorato’s appointment. AGUILA
Gov. Joson also filed a formal protest w/ the Committee on Justice of the COA, making Respondents: MANUEL ALBA, Minister of Budget, FRANCISCO TANTUITCO, Chairman,
known his strong & emphatic opposition to the confirmation. After submission of Commission on Audit, and RICARDO PUNO, Minister of Justice
evidence, the said Committee resolved not to recommend the confirmation of Honorato’s Ponente: FERNANDO, C. J.
appointment.
· During the 6th special session of Congress, Honorato was nominated anew for
DOCTRINE: The abolition of an office within the competence of a legitimate body if done in
appointment to the office in question, but the same was likewise by-passed upon
good faith suffers from no infirmity.
adjournment of the Congress.
· Aug 11, 1972, Honorato took his oath of office as acting provincial fiscal pursuant to
FACTS:
the designation extended by Marcos; and on Aug 14, 1972 he formally assumed office
● Batas Pambansa Blg. 129, entitled "An Act Reorganizing the Judiciary, Appropriating
· Aug 21, 1972, Provincial Board passed Resolution No 288, ordering Provincial
Funds Therefor and for Other Purposes,” was passed. It provides that:
Treasurer to stop payment of Honorato’s salaries as acting provincial fiscal. The dispute
o Justices and judges of inferior courts from the Court of Appeals to
came when the Provincial Treasurer disapproved Honorato’s requisition for various office
municipal circuit courts, except the occupants of the Sandiganbayan and
supplies. His salary vouchers were likewise disapproved by the Governor.
the Court of Tax Appeals, unless appointed to the inferior courts
established by such Act, would be considered separated from the judiciary.
ISSUE: WON Provincial Board has the power to pass & enact a resolution not recognizing
● De llana, Presiding Judge of City Court of Olongapo, filed for Declaratory Relief
Honorato as acting provincial fiscal despite the fact that Honorato assumed office pursuant to
and/or for Prohibition, seeking to enjoin Minister of the Budget, Chairman of the
the designation of the president // WON Provincial Board has the power to defy and/or pass
Commission on Audit, and Minister of Justice from implementing Batas Pambansa
judgment on the validity of the said designation and assumption
Blg. 129.
o alleged that the security of tenure provision of the Constitution has been
RULING:
ignored and disregarded
1. We deem it unnecessary to pass upon the issues raised, this petition having become
o imputed lack of good faith in its enactment
moot and academic.
● Solicitor General Mendoza filed an Answer.
2. We take cognizance of the fact that petitioner Perez filed his certificate of candidacy
o pointed out that there is no valid justification for the attack on the
for the office of mayor of Cabanatuan City in the local elections of January 30, 1980.
constitutionality of this statute, it being a legitimate exercise of the power
3. The mere filing of a certificate of candidacy constitutes forfeiture of his right to the
vested in the Batasang Pambansa to reorganize the judiciary
controverted office under Section 29 of the Election Code of 1978 which provides:
o claimed that allegations of absence of good faith as well as the attack on
"SEC. 29. Candidates holding appointive office or position. — Every person holding a
the independence of the judiciary are unwarranted and devoid of any
public appointive office or position, including active members of the Armed Forces of the
support in law
Philippines, and officers and employees in government-owned or controlled corporations, shall
ipso facto cease in his office or position on the date he files his certificate of candidacy.
ISSUE:
Members of the Cabinet shall continue in the offices they presently hold notwithstanding the
W/N Batas Pambansa Blg. 129 is unconstitutional – NO.
filing of certificate of candidacy, subject to the pleasure of the President of the Philippines."
4. A petition instituted to establish petitioner's right to an appointive office is rendered
RULING:
moot and academic where his right to said office has been forfeited by his filing of a
1. The Batasang Pambansa is expressly vested with the authority to reorganize inferior courts
certificate of candidacy to an elective office.
and in the process, to abolish existing ones.
● Section 2, Article VIII of the Constitution vests in the National Assembly the power
ACCORDINGLY, this petition is hereby dismissed, No costs. SO ORDERED.
to define, prescribe and apportion the jurisdiction of the various courts, subject to
certain limitations in the case of the Supreme Court.
22. DE LLANA v. ALBA
G.R. NO. 57883
2. The Batasang Pambansa did not act arbitrarily in enacting the assailed law, but rather, in
March 12, 1982
good faith.
KCTR
● A Report was submitted by Presidential Committee on Judicial Reorganization.
 o It is imperative that there be a greater efficiency in the disposition of cases Servacio, owner of the Maasin Traders Lending Corporation. Respondent Caube
and that litigants, especially those of modest means — much more so, the signed the subpoenas purportedly on authority of Presiding Judge Cunanan.
poorest and the humblest — can vindicate their rights in an expeditious ● Despite the fact that they were not parties to any civil or criminal cases,
and inexpensive manner. complainants appeared before respondent Caube's office, where they met with
o There is need for a major reform in the judicial system. Servacio and eventually reached a settlement of the latter's claims. Respondent
o This process of modernization and change compels the government to Caube drew the necessary compromise agreement, wherein the complainants
extend its field of activity and its scope of operations. agreed to pay the amount of P12,000.00 each to Servacio on or before 30 April 1998,
o equally of vital concern is the problem of clogged dockets otherwise, formal complaints may be instituted against them.
● Cabinet Bill #42 was the basis for BP 129. ○ (In short, the Clerk of Court presided over settlement whereby the
o The Bill alleged that its enactment would result in, 1.) more efficiency in teachers paid their debts to Servacio. As if this Clerk was a judge.)
the disposal of cases; 2.) improvement in the quality of justice; and 3.) the ● The complainants argued that the respondent Caube had no authority to issue court
reform would fit the court system to the exigencies of present and future processes against them since they were not involved in any lawsuit. Moreover, the
Philippine society. fact of being subpoenaed and required to appear before the court was traumatic to
● The deliberations of the Batasang Pambansa amounted to 590 pages. them. They also alleged that respondent Caube collected from them the amount of
o much discussion and research went into this law P500.00 as attorney's fees for his services in preparing the amicable settlement
3. Abolition of the existing inferior courts does not collide with the security of tenure enjoyed ● Judge Loyao recommended to the OCA Caube be dismissed, and Quisadio be
by incumbent Justices and judges Under Article X, Section 7 of the Constitution. suspended.
● It is admitted that Section 9 of the same Article of the Constitution provides for the ● While the proceedings were ongoing, Caube died in Cebu.
security of tenure of all the judges. ● The case against Quisadio was dismissed
● Removal is, of course, to be distinguished from termination by virtue of the abolition ISSUE: W/N the administrative liability of a public officer is extinguished due to his death -
of the office. NO
o There can be no tenure to a non-existent office. After the abolition, there RULING:
is in law no occupant. ● The death or retirement of any judicial officer from the service does not preclude
the finding of any administrative liability to which he shall still be answerable.
DISPOSITIVE PORTION: ● The Court retains its jurisdiction either to pronounce the respondent public official
WHEREFORE, the unconstitutionality of Batas Pambansa Blg. 129 not having been shown, this innocent of the charges or declare him guilty thereof. A contrary rule would be
petition is dismissed. No costs. fraught with injustice and pregnant with dreadful and dangerous implications . . . If
innocent, respondent public official merits vindication of his name and integrity as
25. Loyao v Caube he leaves the government which he has served well and faithfully; if guilty, he
A.M. No. P-02-1599. deserves to receive the corresponding censure and a penalty proper and imposable
April 30, 2003. under the situation.
By: RRV ● Considering the gravity of his offense, we find the recommendation of Judge
Topic: Death ● Loyao that respondent be dismissed from the service to be well-taken. Clearly, he
Petitioners: EXECUTIVE JUDGE LEANDRO T. LOYAO, JR was guilty of conduct prejudicial to the best interest of the service.
Respondents: MAMERTO J. CAUBE, Clerk of Court II and RICARDO B. QUISADIO, ● To be sure, respondent Caube's death has permanently foreclosed the prosecution
Court Interpreter II, Branch 1, MTC, Maasin, Southern Leyte of any other actions, be it criminal or civil, against him for his malfeasance in office.
Ponente: Per Curiam We are, however, not precluded from imposing the appropriate administrative
sanctions against him. Respondent's misconduct is so grave as to merit his dismissal
Doctrine: The death or retirement of any judicial officer from the service does not preclude from the service, were it not for his untimely demise during the pendency of these
the finding of any administrative liability to which he shall still be answerable. proceedings. However, since the penalty can no longer be carried out, this case is
FACTS: now declared closed and terminated
● A group of teachers filed a complaint against Mamerto Caube Ricardo Quisadio for
Grave Misconduct in Office and Usurpation of Judicial Functions ACCORDINGLY, based on all the foregoing, this administrative matter is CLOSED AND
○ Caube was Clerk of Court II TERMINATED in view of the death of respondent Clerk of Court Mamerto J. Caube.
○ Quisadio was Court Interpreter SO ORDERED
● They alleged that respondent Caube issued subpoenas directing them to appear
before his office for a conference to settle their financial obligations to Ester