EN BANC

[G.R. No. 133132. January 25, 2000.]

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

PUREZA , petitioners, 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 , respondents.

Go & Castro Law Office for petitioners.

The Solicitor General for respondents.

SYNOPSIS

The present case posed the issue of the constitutionality of Republic Act No. 8551,
otherwise known as the "Philippine National Police Reform and Reorganization Act of
1998," by virtue of which petitioners herein were separated from o ce. Petitioners
claimed that the law violated their constitutionally guaranteed right to security of tenure.
On March 6, 1998, RA 8551 took effect which it declared that the terms of the current
commissioners were deemed expired upon its effectivity. According to petitioners,
Sections 4 and 8 of RA 8551 were unconstitutional.
According to the Supreme Court, the petitioners herein were members of the civil
service and as such they cannot be removed or suspended from o ce, except for cause
provided by law. The Supreme Court granted the petition, but only to the extent of
declaring Section 8 of RA 8551 unconstitutional for being violative of the petitioners' right
to security of tenure. The removal from o ce as a result of the application of such
unconstitutional provision of law and the appointment in their stead was, therefore, null
and void. Petitioners were entitled to reinstatement and to the payment of full backwages
to be reckoned from the date they were removed from office.

SYLLABUS

1. POLITICAL LAW; LAW ON PUBLIC OFFICERS; CREATION AND ABOLITION OF

PUBLIC OFFICE; REQUISITES. — The creation and abolition of public o ces is primarily a
legislative function. It is acknowledged that Congress may abolish any o ce it creates
without impairing the o cer's 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.
2. ID.; ID.; ABOLITION OF OFFICE; EFFECT THEREOF CONSTRUED. — An abolition
of o ce connotes an intention to do away with such o ce wholly and permanently, as the
word "abolished" denotes. Where one o ce is abolished and replaced with another o ce
vested with similar functions, the abolition is a legal nullity. Thus, in U.P. Board of Regents
vs. Rasul, 200 SCRA 685 (1991), the Court said: It is true that a valid and bona de
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 abolition of an office denies to the incumbent the right to security of tenure. [ De la Llana vs.
Alba, 112 SCRA 294 (1982)] However, in this case, the renaming and restructuring of the
PGH and its component units cannot give rise to a valid and bona de abolition of the
position of PGH Director. This is because where the abolished o ce and the o ces
created in its place have similar functions, the abolition lacks good faith. [Jose L. Guerrero
vs. Hon. Antonio V. Arizabal , G.R. No. 81928, June 4, 1990, 186 SCRA 108 (1990)] We
hereby apply the principle enunciated in Cesar Z. Dario vs. Hon. Salvador M. Mison [176
SCRA 84 (1989)] that abolition which merely changes the nomenclature of positions is
invalid and does not result in the removal of the incumbent. The above notwithstanding,
and assuming that the abolition of the position of the PGH Director and the creation of a
UP-PGH Medical Center Director are valid, the removal of the incumbent is still not justi ed
for the reason that the duties and functions of the two positions are basically the same. . . .
This was also the Court's ruling in Guerrero vs. Arizabal, 186 SCRA 108 (1990), wherein it
was declared that the substantial identity in the functions between the two o ces was
indicia of bad faith in the removal of petitioner pursuant to a reorganization. ITCcAD

3. ID.; ID.; POWER OF CONTROL; CONSTRUED; CASE AT BAR. — Control means

"the power of an o cer to alter or modify or set aside what a subordinate o cer had done
in the performance of his duties and to substitute the judgment of the former for that of
the latter." On the other hand, to supervise is to oversee, to have oversight of, to
superintend the execution of or the performance of a thing, or the movements or work of a
person, to inspect with authority; it is the power or authority of an o cer to see that
subordinate o cers perform their duties. Thus, the power of control necessarily
encompasses the power of supervision and adding the phrase "operational supervision"
under the powers of the NAPOLCOM would not bring about a substantial change in its
functions so as to arrive at the conclusion that a completely new office has been created.
4. ID.; ID.; REORGANIZATION; CONSTRUED; REQUISITES. — Reorganization takes
place when there is an alteration of the existing structure of government o ces or units
therein, including the lines of control, authority and responsibility between them. It involves
a reduction of personnel, consolidation of o ces, or abolition thereof by reason of
economy or redundancy of functions. Naturally, it may result in the loss of one's position
through removal or abolition of an o ce. However, for a reorganization to be valid, it must
also pass the test of good faith, laid down in Dario vs. Mison: . . . As a general rule, a
reorganization is carried out in "good faith" if it is for the purpose of economy or to make
bureaucracy more e cient. In that event, no dismissal (in case of a 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. Be that as it may, if the "abolition," which is
nothing else but a separation or removal, is done for political reasons or purposely to
defeat security of tenure, or otherwise not in good faith, no valid "abolition" takes place and
whatever "abolition" is done, is void ab initio. There is an invalid "abolition" as where there is
merely a change of nomenclature of positions, or where claims of economy are belied by
the existence of ample funds.
5. ID.; ID.; ID.; REGULAR GOVERNMENT EMPLOYEE; WHEN ILLEGALLY
DISMISSED SHALL BE CONSIDERED AS NOT HAVING LEFT HIS OFFICE; EFFECT THEREOF.
— It is a well-entrenched principle that when a regular government employee is illegally
dismissed, his position never became vacant under the law and he is considered as not
having left his o ce. The new appointments made in order to replace petitioners are not
valid.

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 DECISION

GONZAGA-REYES , J : p

The central issue posed before this Court in the present case is the constitutionality
of Republic Act No. 8551 (RA 8551), otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998," 1 by virtue of which petitioners herein, who were
all members of the National Police Commission (NAPOLCOM), were separated from
o ce. Petitioners claim that such law violates their constitutionally guaranteed right to
security of tenure. cdtai

The NAPOLCOM was originally created under Republic Act No. 6975 (RA 6975),
entitled "An Act Establishing The Philippine National Police Under A Reorganized
Department Of The Interior And Local Government, And For Other Purposes." Under RA
6975, the members of the NAPOLCOM were petitioners Edgar Dula Torres, Alexis C.
Canonizado, Rogelio A. Pureza and respondent Jose Percival L. Adiong. Dula Torres was
rst appointed to the NAPOLCOM on January 8, 1991 for a six year term. He was re-
appointed on January 23, 1997 for another six years. Canonizado was appointed on
January 25, 1993 to serve the unexpired term of another Commissioner which ended on
December 31, 1995. On August 23, 1995, Canonizado was re-appointed for another six
years. Pureza was appointed on January 2, 1997 for a similar term of six years.
Respondent Adiong's appointment to the NAPOLCOM was issued on July 23, 1996. None
of their terms had expired at the time the amendatory law was passed. 2
On March 6, 1998, RA 8551 took effect; it declared that the terms of the current
Commissioners were deemed as expired upon its effectivity. Pursuant thereto, President
Ramos appointed Romeo L. Cairme on March 11, 1998 as a member of the NAPOLCOM
for a full six year term. On the same date, Adiong, was given a term extension of two years
since he had served less than two years of his previous term. Cairme and Adiong both took
their oaths of o ce on April 6, 1998. 3 Completing the membership of the NAPOLCOM are
Leo S. Magahum and Cleofe M. Factoran, who were appointed by President Estrada on
June 30, 1998 and who took their oaths of office on July 2, 1998. 4
According to petitioners, Sections 4 and 8 of RA 8551 are unconstitutional. Section
4, amending section 13 of Republic Act No. 6975, provides —
SEC. 13. Creation and Composition. — A National Police Commission,
hereinafter referred to as the Commission, is hereby created for the purpose of
effectively discharging the functions prescribed in the Constitution and provided
in this Act. The Commission shall be an agency attached to the Department for
policy and program coordination. It shall be composed of a Chairperson, four (4)
regular Commissioners, and the Chief of the PNP as ex-officio member. Three (3)
of the regular Commissioners shall come from the civilian sector who are neither
active nor former members of the police or military, one (1) of whom shall be
designated as vice chairperson by the President. The fourth regular Commissioner
shall come from the law enforcement sector either active or retired: Provided, That
an active member of a law enforcement agency shall be considered resigned
from said agency once appointed to the Commission: Provided further, That at
least one (1) of the Commissioners shall be a woman. The Secretary of the
Department shall be the ex-officio Chairperson of the Commission, while the Vice
Chairperson shall act as the executive officer of the Commission. cdphil

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 Meanwhile, Section 8 states that —
Upon the effectivity of this Act, the terms of o ce 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 o ce
who may be appointed by the President for a maximum term of two (2) years.

Petitioners argue that their removal from o ce by virtue of Section 8 of RA 8551

violates their security of tenure.
It is beyond dispute that 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. 5 As such,
they cannot be removed or suspended from office, except for cause provided by law. 6 The
phrase "except for cause provided by law" refers to ". . . reasons which the law and sound
public policy recognize as su cient warrant for removal, that is, legal cause, and not
merely causes which the appointing power in the exercise of discretion may deem
sufficient." 7
Public respondents insist that the express declaration in Section 8 of RA 8551 that
the terms of petitioners' o ces are deemed expired discloses the legislative intent to
impliedly abolish the NAPOLCOM created under RA 6975 pursuant to a bona de
reorganization. In support of their theory, public respondents cite the various changes
introduced by RA 8551 in the functions, composition and character of the NAPOLCOM as
proof of Congress' intention to abolish the body created under RA 6975 in order to replace
it with a new NAPOLCOM which is more civilian in nature, in compliance with the
constitutional mandate. Petitioners' posit the theory that the abolition of petitioners'
o ces was a result of a reorganization of the NAPOLCOM allegedly effected by RA 8551.
8

The creation and abolition of public o ces is primarily a legislative function. 9 It is

acknowledged that Congress may abolish any o ce it creates without impairing the
o cer's right to continue in the position held 1 0 and that such power may be exercised for
various reasons, such as the lack of funds 11 or in the interest of economy. 12 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. 1 3
An abolition of o ce connotes an intention to do away with such o ce wholly and
permanently, as the word "abolished" denotes. 14 Where one o ce is abolished and
replaced with another o ce vested with similar functions, the abolition is a legal nullity.
Thus, in U .P. Board of Regents v. Rasul 15 we said:
It is true that a valid and bona de abolition of an o ce denies to the
incumbent the right to security of tenure. [De la Llana v. Alba , 112 SCRA 294
(1982)] However, in this case, the renaming and restructuring of the PGH and its
component units cannot give rise to a valid and bona de abolition of the
position of PGH Director. This is because where the abolished o ce and the
o ces created in its place have similar functions, the abolition lacks good faith .
[Jose L. Guerrero v. Hon. Antonio V. Arizabal , G.R. No. 81928, June 4, 1990, 186
SCRA 108 (1990)] We hereby apply the principle enunciated in Cesar Z . Dario vs.
Hon. Salvador M. Mison [176 SCRA 84 (1989)] that abolition which merely
changes the nomenclature of positions is invalid and does not result in the
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 removal of the incumbent.
The above notwithstanding, and assuming that the abolition of the
position of the PGH Director and the creation of a UP-PGH Medical Center Director
are valid, the removal of the incumbent is still not justi ed for the reason that the
duties and functions of the two positions are basically the same . . . . (italics
supplied) cdll

This was also our ruling in Guerrero v. Arizabal, 16 wherein we declared that the
substantial identity in the functions between the two o ces was indicia of bad faith in the
removal of petitioner pursuant to a reorganization.
We come now to the case at bench. The question that must rst be resolved is
whether or not petitioners were removed by virtue of a valid abolition of their o ce by
Congress. More speci cally, whether the changes effected by RA 8551 in reference to the
NAPOLCOM were so substantial as to effectively create a completely new o ce in
contemplation of the law. In answer to this query, the case of Mayor v. Macaraig 17 is
squarely in point.
In that case, the petitioners assailed the constitutionality of Republic Act No. 6715
1 8 insofar as it declared vacant the positions of the Commissioners, Executive Labor
Arbiters and Labor Arbiters of the National Labor Relations Commission and provided for
the removal of the incumbents upon the appointment and qualification of their successors.
1 9 The Court held that the removal of petitioners was unconstitutional since Republic Act
No. 6715 did not expressly or impliedly abolish the o ces of petitioners, there being no
irreconcilable inconsistency in the nature, duties and functions of the petitioners' o ces
under the old law and the new law. Thus:
Abolition of an o ce is obviously not the same as the declaration that
o ce is vacant. While it is undoubtedly a prerogative of the legislature to abolish
certain o ces, it can not be conceded the power to simply pronounce those
o ces vacant and thereby effectively remove the occupants or holders thereof
from the civil service. Such an act would constitute, on its face, an infringement
of the constitutional guarantee of security of tenure, and will have to be struck
down on that account. It can not be justi ed by the professed "need to
professionalize the higher levels of o cialdom invested with adjudicatory powers
and functions, and to upgrade their quali cations, ranks, and salaries or
emoluments. cdasia

This is precisely what RA 8851 seeks to do — declare the o ces of petitioners

vacant, by declaring that "the terms of o ce of the current Commissioners are deemed
expired," thereby removing petitioners herein from the civil service. Congress may only be
conceded this power if it is done pursuant to a bona fide abolition of the NAPOLCOM.
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.
Under RA 6975, the NAPOLCOM was described as a collegial body within the
Department of the Interior and Local Government, 20 (Department) whereas under RA 8551
it is made "an agency attached to the Department for policy and program coordination." 21
Contrary to what public respondents would have us believe, this does not result in the
creation of an entirely new o ce. In Mayor, the NLRC, prior to the passage of the
amendatory law, was also considered an integral part of the Department of Labor and
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 Employment. RA 6715, however, changed that by declaring that it shall instead ". . . be
attached to the Department of Labor and Employment for program coordination only. . . ."
making it a more autonomous body. The Court held that this change in the NLRC's nature
was not su cient to justify a conclusion that the new law abolished the o ces of the
labor commissioners.
Another amendment pointed out by public respondents is the revision of the
NAPOLCOM's composition. RA 8551 expanded the membership of the NAPOLCOM from
four to ve Commissioners by adding the Chief of the PNP as an ex-officio member. In
addition, the new law provided that three of the regular Commissioners shall come from
the civilian sector who are neither active nor former members of the police or military, and
that the fourth regular Commissioner shall come from the law enforcement sector either
active or retired. Furthermore, it is required that at least one of the Commissioners shall be
a woman. 2 2 Again, as we held in Mayor, such revisions do not constitute such essential
changes in the nature of the NAPOLCOM as to result in an implied abolition of such o ce.
It will be noted that the organizational structure of the NAPOLCOM, as provided in Section
20 of RA 6975 as amended by Section 10 of RA 8551, 2 3 remains essentially the same and
that, except for the addition of the PNP Chief as ex-officio member, the composition of the
NAPOLCOM is also substantially identical under the two laws. Also, under both laws, the
Secretary of the Department shall act as the ex-officio Chairman of the Commission and
the Vice-Chairman shall be one of the Commissioners designated by the President. 2 4
Finally, the powers and duties of the NAPOLCOM remain basically unchanged by the
amendments. Under RA 6975, the Commission has the following powers and functions:
(a) Exercise administrative control over the Philippine National Police; Cdpr

(b) Advise the President on all matters involving police functions and
administration;
(c) Foster and develop policies and promulgate rules and regulations,
standards and procedures to improve police services based on sound
professional concepts and principles;
(d) Examine and audit, and thereafter establish the standards for such
purposes on a continuing basis, the performance, activities, and
facilities of all police agencies throughout the country;
(e) Prepare a police manual prescribing rules and regulations for
e cient organization, administration, and operation, including
recruitment, selection, promotion and retirement;
(f) Establish a system of uniform crime reporting;
(g) Conduct surveys and compile statistical data for the proper
evaluation of the e ciency and effectiveness of all police units in the
country;
(h) Render to the President and to Congress an annual report on its
activities and accomplishments during the thirty (30) days after the
end of the calendar year, which shall include an appraisal of the
conditions obtaining in the organization and administration of police
agencies in the municipalities, cities and provinces throughout the
country, and recommendation for appropriate remedial legislation; prcd

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 (i) Approve or modify plans and programs on education and training,
logistical requirements, communications, records, information
systems, crime laboratory, crime prevention and crime reporting;
(j) A rm reverse or modify, through the National Appellate Board,
personnel disciplinary actions involving demotion or dismissal from
the service imposed upon members of the Philippine National Police
by the Chief of the Philippine National Police;
(k) Exercise appellate jurisdiction through the regional appellate boards
over administrative cases against policemen and over decisions on
claims for police benefits;
(l) Recommend to the President, through the Secretary, within sixty (60)
days before the commencement of each calendar year, a crime
prevention;
(m) Prescribe minimum standards for arms, equipment, and uniforms
and, after consultation with the Philippine Heraldry Commission, for
insignia of ranks, awards and medals of honor;
(n) Issue subpoena and subpoena duces tecum in matters pertaining to
the discharge of its own powers and duties, and designate who
among its personnel can issue such processes and administer oaths
in connection therewith; and
(o) Perform such other functions necessary to carry out the provisions
of this Act and as the President may direct.
Meanwhile, the NAPOLCOM's functions under Section 5 of RA 8551 are:
a) Exercise administrative control and operational supervision over the
Philippine National Police which shall mean the power to:
1) Develop policies and promulgate a police manual prescribing
rules and regulations for e cient organization, administration,
and operation, including criteria for manpower allocation,
distribution and deployment, recruitment, selection, promotion,
and retirement of personnel and the conduct of qualifying
entrance and promotional examinations for uniformed
members; LLphil

2) Examine and audit, and thereafter establish the standards for

such purposes on a continuing basis, the performance,
activities and facilities of all police agencies throughout the
country;
3) Establish a system of uniform crime reporting;
4) Conduct an annual self-report survey and compile statistical
date for the accurate assessment of the crime situation and the
proper evaluation of the e ciency and effectiveness of all
police units in the country;
5) Approve or modify plans and programs on education and
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 training, logistical requirements, communications, records,
information systems, crime laboratory, crime prevention and
crime reporting;
6) Affirm, reverse or modify, through the National Appellate Board,
personnel disciplinary actions involving demotion or dismissal
from the service imposed upon members of the Philippine
National Police by the Chief of the Philippine National Police;
7) Exercise appellate jurisdiction through the regional appellate
boards over administrative cases against policemen and over
decisions on claims for police benefits;
8) Prescribe minimum standards for arms, equipment, and
uniforms and after consultation with the Philippine Heraldry
Commission, for insignia of ranks, awards, and medals of
honor. Within ninety (90) days from the effectivity of this Act,
the standards of the uniformed personnel of the PNP must be
revised which should be clearly distinct from the military and
reflective of the civilian character of the police;
9) I s s u e subpoena and subpoena duces tecum in matters
pertaining to the discharge of its own powers and duties, and
designate who among its personnel can issue such processes
and administer oaths in connection therewith;
10) Inspect and assess the compliance of the PNP on the
established criteria for manpower allocation, distribution, and
deployment and their impact on the community and the crime
situation, and therewith formulate appropriate guidelines for
maximization of resources and effective utilization of the PNP
personnel; LLphil

11) Monitor the performance of the local chief executives as

deputies of the Commission; and
12) Monitor and investigate police anomalies and irregularities.
b) Advise the President on all matters involving police functions and
administration;
c) Render to the President and to the Congress an annual report on its
activities and accomplishments during the thirty (30) days after the
end of the calendar year, which shall include an appraisal of the
conditions obtaining in the organization and administration of police
agencies in the municipalities, cities and provinces throughout the
country, and recommendations for appropriate remedial legislation;
d) Recommend to the President, through the Secretary, within sixty (60)
days before the commencement of each calendar year, a crime
prevention program; and
e) Perform such other functions necessary to carry out the provisions of
this Act and as the President may direct."
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 Clearly, the NAPOLCOM continues to exercise substantially the same administrative,
supervisory, rule-making, advisory and adjudicatory functions.
Public respondents argue that the fact that the NAPOLCOM is now vested with
administrative control and operational supervision over the PNP, whereas under RA 6975 it
only exercised administrative control should be construed as evidence of legislative intent
to abolish such o ce. 25 This contention is bereft of merit. Control means "the power of
an o cer to alter or modify or set aside what a subordinate o cer had done in the
performance of his duties and to substitute the judgment of the former for the that of the
latter." 26 On the other hand, to supervise is to oversee, to have oversight of, to superintend
the execution of or the performance of a thing, or the movements or work of a person, to
inspect with authority; it is the power or authority of an o cer to see that subordinate
o cers perform their duties. 27 Thus, the power of control necessarily encompasses the
power of supervision and adding the phrase "operational supervision" under the powers of
the NAPOLCOM would not bring about a substantial change in its functions so as to arrive
at the conclusion that a completely new office has been created. cdasia

Public respondents would have this Court believe that RA 8551 reorganized the
NAPOLCOM resulting in the abolition of petitioners' o ces. We hold that there has been
absolutely no attempt by Congress to effect such a reorganization.
Reorganization takes place when there is an alteration of the existing structure of
government o ces or units therein, including the lines of control, authority and
responsibility between them. 28 It involves a reduction of personnel, consolidation of
o ces, or abolition thereof by reason of economy or redundancy of functions. 29 Naturally,
it may result in the loss of one's position through removal or abolition of an o ce.
However, for a reorganization to be valid, it must also pass the test of good faith, laid
down in Dario v. Mison. 30
. . . As a general rule, a reorganization is carried out in "good faith" if it is
for the purpose of economy or to make bureaucracy more e cient. In that event,
no dismissal (in case of a 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. Be that as it may, if the "abolition," which is nothing else but a
separation or removal, is done for political reasons or purposely to defeat security
of tenure, or otherwise not in good faith, no valid "abolition" takes place and
whatever "abolition" is done, is void ab initio. There is an invalid "abolition" as
where there is merely a change of nomenclature of positions, or where claims of
economy are belied by the existence of ample funds.

It is exceedingly apparent to this Court that RA 8551 effected a reorganization of the

PNP, not of the NAPOLCOM. They are two separate and distinct bodies, with one having
supervision and control over the other. In fact, it is the NAPOLCOM that is given the duty of
submitting a proposed reorganization plan of the PNP to Congress. 3 1 As mentioned
earlier, the basic structure of the NAPOLCOM has been preserved by the amendatory law.
There has been no revision in its lines of control, authority and responsibility, neither has
there been a reduction in its membership, nor a consolidation or abolition of the o ces
constituting the same. Adding the Chief of the PNP as an ex-officio member of the
Commission does not result in a reorganization.
No bona fide reorganization of the NAPOLCOM having been mandated by Congress,
RA 8551, insofar as it declares the terms of o ce of the incumbent Commissioners,
petitioners herein, as expired and resulting in their removal from o ce, removes civil
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 service employees from o ce without legal cause and must therefore be struck down for
being constitutionally infirm.
Petitioners are thus entitled to be reinstated to o ce. It is of no moment that there
are now new appointees to the NAPOLCOM. It is a well-entrenched principle that when a
regular government employee is illegally dismissed, his position never became vacant
under the law and he is considered as not having left his o ce. The new appointments
made in order to replace petitioners are not valid. 3 2
At this juncture, we note that it is alleged by public respondents that on June 30,
1998, Canonizado accepted an appointment by President Estrada as the Inspector
General of Internal Affairs Services (IAS) of the PNP, pursuant to Sections 40 and 41 of RA
8551 and that he took his oath of o ce before the President on July 7, 1998. However,
this is a mere allegation on the part of public respondents of which this Court cannot take
judicial notice. Furthermore, this issue has not been fully ventilated in the pleadings of the
parties. Therefore, such allegation cannot be taken into consideration by this Court in
passing upon the issues in the present case. LexLib

Petitioners also assail the constitutionality of Section 4 of RA 8551 insofar as it

limits the law enforcement sector to only one position on the Commission and categorizes
the police as being part of the law enforcement sector despite section 6 of Article XVI of
the Constitution which provides that the police force shall be civilian in character.
Moreover, it is asserted by petitioners that the requirement in Section 4 that one of the
Commissioners shall be a woman has no rational basis and is therefore discriminatory.
They claim that it amounts to class legislation and amounts to an undue restriction upon
the appointing power of the President as provided under Section 16 of Article VII of the
Constitution. 33
In view of our ruling upon the unconstitutionality of petitioners' removal from o ce
by virtue of Section 8 of RA 8551, we nd that there is no longer any need to pass upon
these remaining constitutional questions. It is beyond doubt that the legislature has the
power to provide for the composition of the NAPOLCOM since it created such body.
Besides, these questions go into the very wisdom of the law, and unquestionably lie
beyond the normal prerogatives of the Court to pass upon. 34
WHEREFORE, we grant the petition, but only to the extent of declaring Section 8 of
RA 8551 unconstitutional for being in violation of the petitioners' right to security of tenure.
The removal from o ce of petitioners as a result of the application of such
unconstitutional provision of law and the appointment of new Commissioners in their
stead is therefore null and void. Petitioners herein are entitled to REINSTATEMENT and to
the payment of full backwages to be reckoned from the date they were removed from
office. 35
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban,
Quisumbing, Purisima, Pardo, Buena, Ynares-Santiago and De Leon, Jr., JJ., concur.

Footnotes
1. Entitled "An Act Providing For the Reform And Reorganization Of The Philippine National
Police And For Other Purposes, Amending Certain Provisions Of Republic Act Numbered
Sixty-Nine Hundred And Seventy-Five Entitled, 'An Act Establishing The Philippine
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 National Police Under A Re-Organized Department Of The Interior And Local Government,
And For Other Purposes." Took effect on March 6, 1998.
2. Rollo, 81.
3. Ibid.
4. Ibid., 83.
5. Constitution, Art. 9 (B), Sec. 2 (1).
6. Id., Art. 9 (B), Sec. 2 (3).
7. De los Santos vs. Mallare, 87 Phil. 289 (1950).
8. Rollo, 84-94.
9. Eugenio v. Civil Service Commission, 243 SCRA 196 (1995).
10. Manalang v. Quitoriano, 94 Phil. 903 (1954).
11. Ginzon v. Municipality of Murcia, 158 SCRA 1 (1988); Gregorio v. Court of Appeals, 129
SCRA 184 (1984).
12. Abrot v. Court of Appeals, 116 SCRA 468 (1982).
13. Baldoz v. Office of the President, 78 SCRA 354 (1977).
14. Busacay v. Buenaventura and Murao, 93 Phil. 786 (1953).
15. 200 SCRA 685 (1991). See Gacho v. Osmeña, Jr., 103 Phil. 837 (1958); Brillo v. Enage,
94 Phil. 732 (1954).
16. 186 SCRA 108 (1990).

17. 194 SCRA 672 (1991).

18. Entitled "An Act To Extend Protection To Labor, Strengthen The Constitutional Rights Of
Workers To Self-Organization, Collective Bargaining And Peaceful Concerted Activities,
Foster Industrial Peace And Harmony, Promote The Preferential Use Of Voluntary Modes
Of Settling Labor Disputes And Reorganize The National Labor Relations Commission,
Amending Presidential Decree No. 441, As Amended, Otherwise Known As The Labor
Code Of The Philippines, Appropriating Funds Therefor And For Other Purposes."

Took effect on March 21, 1989.

19. Id. SEC. 35 provides —
Equity of the Incumbent. — Incumbent career o cials and rank-and- le employees of
the National Labor Relations Commission not otherwise affected by the Act shall
continue to hold o ce without need of reappointment. However, consistent with the
need to professionalize the higher levels of o cialdom invested with adjudicatory
powers and functions, and to upgrade their quali cations, ranks, and salaries or
emoluments, all positions of the Commissioners, Executive Labor Arbiters and Labor
Arbiters of the present National Labor Relations Commission are hereby declared vacant.
However, subject o cials shall continue to temporarily discharge their duties and
functions until their successors shall have been duly appointed and quali ed. (italics
supplied)
20. RA 6975, Sec. 13.
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 21. RA 8551, Sec. 4.

22. Id.
23. Id., SEC. 10. Section 20 of Republic Act No. 6975 is hereby amended to read as follows:
"SEC. 20. Organizational Structure. — The Commission shall consist of the following
units:
"(a) Commission Proper. — This is composed of the o ces of the Chairman and
four (4) Commissioners.

"(b) Staff Services. — The staff services of the Commission shall be as follows:

"(1) The Planning and Research Service, which shall provide technical
services to the Commission in areas of overall policy formulation, strategic and
operational planning, management systems or procedures, evaluation and monitoring of
the Commission's programs, projects and internal operations; and shall conduct
thorough research and analysis on social and economic conditions affecting peace and
order in the country;
"(2) The Legal Affairs Service, which shall provide the Commission with
e cient service as legal counsel of the Commission; draft or study contracts affecting
the Commission and submit appropriate recommendations pertaining thereto; and
render legal opinions arising from the administration and operation of the Philippine
National Police and the Commission;

"(3) The Crime Prevention and Coordination Service, which shall undertake
criminological researches and studies; formulate a national crime prevention plan;
develop a crime prevention and information program and provide editorial direction for
all criminology research and crime prevention publications;

"(4) T h e Personnel and Administrative Service, which shall perform

personnel functions for the Commission, administer the entrance and promotional
examinations for policemen, provide the necessary services relating to records,
correspondence, supplies, property and equipment, security and general services, and the
maintenance and utilization of facilities, and provide services relating to manpower,
career planning and development, personnel transactions and employee welfare;

"(5) The Inspection, Monitoring and Investigation Service, which shall

conduct continuous inspection and management audit of personnel, facilities and
operations at all levels of command of the PNP, monitor the implementation of the
Commission's programs and projects relative to law enforcement; and monitor and
investigate police anomalies and irregularities;
"(6) The Installations and Logistics Service, which shall review the
Commission's plans and programs and formulate policies and procedures regarding
acquisition, inventory, control, distribution, maintenance and disposal of supplies and
shall oversee the implementation of programs on transportation facilities and
installations and the procurement and maintenance of supplies and equipment; and

"(7) The Financial Service, which shall provide the Commission with staff
advice and assistance on budgetary and nancial matters, including the overseeing of
the processing and disbursement of funds pertaining to the scholarship program and
surviving children of deceased and/or permanently incapacitated PNP personnel.
"(c) Disciplinary Appellate Boards. — The Commission shall establish a
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 formal administrative disciplinary appellate machinery consisting of the National
Appellate Board and the regional appellate boards.

"The National Appellate Board shall decide cases on appeal from decisions
rendered by the PNP chief, while the regional appellate boards shall decide cases on
appeal from decisions rendered by o cers other than the PNP chief, the mayor, and the
People's Law Enforcement Board (PLEB) created hereunder."
(amendments are italicized)

24. RA 6975, Sec. 13; RA 8551, Sec. 4.

25. Rollo, 88.
26. Blaquera v. Alcala, 295 SCRA 366 (1998).
27. Borres v. Canonoy, G.R. No. L-31641, October 23, 1981.
28. De Leon and De Leon, Jr., The Law On Public Officers And Election Law (1994 ed.), 365.

29. Dario v. Mison, 176 SCRA 84 (1989).

30. 176 SCRA 84 (1989). See Dytiapco v. Civil Service Commission , 211 SCRA 88 (1992);
Domingo v. Development Bank of the Philippines, 207 SCRA 766 (1992); Pari-an v. Civil
Service Commission, 202 SCRA 772 (1991).
31. RA 8551, SEC. 13. Authority of the Commission to Reorganize the PNP. —
Notwithstanding the provisions of Republic Act No. 6975 on the organizational
structure and rank classi cation of the PNP, the Commission shall conduct a
management audit, and prepare and submit to Congress a proposed reorganization plan
of the PNP not later than December 31, 1998, subject to the limitations provided under
this Act and based on the following criteria: a) increased police visibility through
dispersal of personnel from the headquarters to the eld o ces and by the appointment
and assignment of non-uniformed personnel to positions which are purely
administrative, technical, clerical or menial in nature and other positions which are not
actually and directly related to police operation; and b) e cient and optimized delivery
of police services to the communities.

The PNP reorganization program shall be approved by Congress through a joint

resolution.
32. Floreza v. Ongpin, 182 SCRA 692 (1990); Tanala v. Legaspi, 13 SCRA 566 (1965).
33. Rollo, 8-12.
34. Osmeña v. Commission on Elections, 288 SCRA 447 (1998).
35. Mendoza v. Quisumbing, 186 SCRA 108 (1990).

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