Case Digest (G.R. No. 124442)
Facts:
In Alexis C. Canonizado, Edgar Dula Torres, and Rogelio A. Pureza vs. Hon. Alexander P. Aguirre, G.R. No. 133132, decided January 25, 2000, the petitioners were members of the National Police Commission (NAPOLCOM) originally created by Republic Act No. 6975. Edgar Dula Torres was first appointed on January 8, 1991 for six years and reappointed on January 23, 1997; Alexis C. Canonizado served an unexpired term beginning January 25, 1993 and was reappointed on August 23, 1995; Rogelio A. Pureza was appointed on January 2, 1997; and Jose Percival L. Adiong joined on July 23, 1996. None had completed their terms when Republic Act No. 8551, the “Philippine National Police Reform and Reorganization Act of 1998,” took effect on March 6, 1998. Section 8 of RA 8551 declared all incumbent Commissioners’ terms deemed expired, barred their reappointment (except those who had served under two years), and led to the President’s appointment of new Commissioners. Petitioners challenged sectionsCase Digest (G.R. No. 124442)
Facts:
- Creation and Initial Composition of NAPOLCOM under RA 6975
- Republic Act No. 6975 established the National Police Commission (NAPOLCOM) as a collegial body attached to the Department of the Interior and Local Government, composed of five members: the Secretary of the Department (ex officio Chairperson), four regular Commissioners (three civilians, one from law enforcement), and the Chief of the PNP (ex officio).
- Petitioners’ appointments:
- Edgar Dula Torres — appointed January 8, 1991 for six years; reappointed January 23, 1997.
- Alexis C. Canonizado — appointed January 25, 1993 (unexpired term until December 31, 1995); reappointed August 23, 1995 for six years.
- Rogelio A. Pureza — appointed January 2, 1997 for six years.
- Jose Percival L. Adiong — appointed July 23, 1996 for six years.
- None of their terms had expired as of March 1998.
- Amendatory Law and New Appointments under RA 8551
- RA 8551 (“Philippine National Police Reform and Reorganization Act of 1998”) took effect March 6, 1998, amending composition (adding PNP Chief as ex officio, specifying three civilian Commissioners, one law‐enforcement Commissioner, mandated one female Commissioner) and declaring under Section 8 that “the terms of office of the current Commissioners are deemed expired.”
- President Ramos appointed Romeo L. Cairme (March 11, 1998) for six years and extended Adiong two years; both qualified April 6, 1998. President Estrada appointed Leo S. Magahum and Cleofe M. Factoran June 30, 1998 (oaths July 2, 1998).
- Petitioners challenged Sections 4 and 8 of RA 8551 as unconstitutional, alleging violation of their constitutionally guaranteed security of tenure.
Issues:
- Does Section 8 of RA 8551, which deems the terms of incumbent Commissioners expired and bars their reappointment or extension, violate petitioners’ right to security of tenure as civil service officers?
- Did RA 8551 effect a valid abolition or bona fide reorganization of NAPOLCOM such that incumbents may lawfully be removed?
- (Unreached) Does Section 4’s composition rules—limiting law-enforcement representation and requiring a female Commissioner—contravene the Constitution’s civilian character of the police and the appointing power?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)