DE LA LLANA VS ALBA

Posted by kaye lee on 12:18 PM

GR No. L-57883 March 12 1982

FACTS:
De La Llana, et. al. filed a Petition for Declaratory Relief and/or for Prohibition, seeking to enjoin the
Minister of the Budget, the Chairman of the Commission on Audit, and the Minister of Justice from taking
any action implementing BP 129 which mandates that Justices and judges of inferior courts from the CA to
MTCs, except the occupants of the Sandiganbayan and the CTA, unless appointed to the inferior courts
established by such act, would be considered separated from the judiciary. It is the termination of their
incumbency that for petitioners justify a suit of this character, it being alleged that thereby the security of
tenure provision of the Constitution has been ignored and disregarded.
ISSUE:
Whether or not the reorganization violate the security of tenure of justices and judges as provided for
under the Constitution.
RULING:
What is involved in this case is not the removal or separation of the judges and justices from their services.
What is important is the validity of the abolition of their offices.
Well-settled is the rule that the abolition of an office does not amount to an illegal removal of its incumbent
is the principle that, in order to be valid, the abolition must be made in good faith.

Removal is to be distinguished from termination by virtue of valid abolition of the office. There can be no
tenure to a non-existent office. After the abolition, there is in law no occupant. In case of removal, there is
an office with an occupant who would thereby lose his position. It is in that sense that from the standpoint
of strict law, the question of any impairment of security of tenure does not arise.
Categories: Constitutional Law 1