Case Digest (G.R. No. 131903) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Cesar Z. Dario et al. v. Salvador M. Mison et al. (G.R. Nos. 81954, 81967, 82023, 83737, 85310, 85335; August 8, 1989), petitioners were three hundred ninety-four career customs officers and employees who received notices of termination on January 26, 1988, from Commissioner Salvador M. Mison, following the restructuring of the Bureau of Customs under Proclamation No. 3 (March 25, 1986), Executive Order No. 17 (May 28, 1986), Executive Order No. 39 (August 6, 1986) and Executive Order No. 127 (January 30, 1987). Those removed challenged their separation before the Civil Service Commission, which, on June 30, 1988, ordered the reinstatement of 279 appellants and on November 16, 1988, of five more. Commissioner Mison filed motions for reconsideration and thereafter petitions for certiorari in the Supreme Court, contending that the removals were valid reorganization actions. Meanwhile, on June 10, 1988, Republic Act No. 6656 was enacted to protect security of tenure during reorg Case Digest (G.R. No. 131903) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Government Reorganization Framework
- Proclamation No. 3 (Mar 25, 1986) declared a national policy to “completely reorganize the government” and allowed summary separations “not for cause” up to one year thereafter.
- Executive Order No. 17 (May 28, 1986) prescribed grounds and procedures for separation, requiring review and notice but exempting EO 5 reorganizations.
- Executive Order No. 127 (Jan 30, 1987) reorganized the Ministry of Finance (including the Bureau of Customs), abolished all units not in the new structure (sec. 55), placed incumbents in “holdover” status, and deemed those not reappointed separated (sec. 59).
- The 1987 Constitution took effect on Feb 2, 1987, with Art. IX-B, sec. 2(3) prohibiting removal “except for cause provided by law,” and Art. XVIII, sec. 16 granting transitional separation benefits for Proclamation No. 3 reorganizations.
- Implementation at the Bureau of Customs
- Commissioner Mison assumed office Sept 1987, received a grace period until Feb 28, 1988 to complete reorganization, and formed a Placement Committee (including CSC representation).
- Through memoranda (Oct 1987; Jan 6, 1988), employees were told by Feb 28, 1988 they would be (a) reappointed, (b) offered another post, or (c) terminated.
- On Jan 26, 1988, separation notices effective Feb 28 were sent to some 394 officials and employees. By Aug 1988, 522 appointments filled the new pattern.
- Administrative and Judicial Responses
- Aggrieved employees appealed to the Reorganization Appeals Board; many then went to the Civil Service Commission (CSC).
- CSC, June 30, 1988, ordered reinstatement and back pay for 279 Customs employees; reconsideration was denied Sept 20, 1988; CSC ordered five more reinstated on Nov 16, 1988.
- Commissioner Mison filed certiorari petitions in the Supreme Court (G.R. Nos. 85310, 86241) and also challenged Republic Act No. 6656 (G.R. No. 83737).
- Thirty-five other separated officials petitioned the SC to enforce the CSC June 30, 1988 order (G.R. No. 85335). All seven petitions were consolidated Nov 29, 1988; arguments were heard Jan 12, 1989.
Issues:
- Validity of EO 127 Separations
- Did EO 127 authorize the separation of career Customs employees after Feb 2, 1987 without cause?
- Were Mison’s actions bona fide reorganizations or personnel purges?
- Constitutional Protections and Transition Rules
- Does the post-1987-Constitution guarantee of no removal except for cause (Art. IX-B, sec. 2(3)) apply to EO 127 reorganizations?
- Does Art. XVIII, sec. 16 allow continuance of Proclamation No. 3 separations “not for cause” beyond Feb 2, 1987?
- Applicability of Republic Act No. 6656
- Does RA 6656‘s protection of tenure and reinstatement remedies conflict with the 1987 Constitution’s transition scheme?
- Procedural Questions
- Are CSC decisions subject to SC certiorari review, and were petitions timely filed?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)