Case Digest (G.R. No. 150974)
Facts:
Kapisanan ng mga Kawani ng Energy Regulatory Board v. Commissioner Fe B. Barin, G.R. No. 150974, June 29, 2007, Supreme Court Second Division, Carpio, J., writing for the Court. Petitioner Kapisanan ng mga Kawani ng Energy Regulatory Board (KERB) challenged Section 38 of Republic Act No. 9136 (RA 9136 / EPIRA), which abolished the Energy Regulatory Board (ERB) and created the Energy Regulatory Commission (ERC), and sought to prohibit the ERC Commissioners from filling the ERC plantilla.RA 9136 was enacted on 8 June 2001 and took effect on 26 June 2001; Section 38 expressly abolished the ERB and created the ERC, directed the Chairman to submit a new organizational structure and plantilla within three months, and provided that existing ERB personnel, if qualified, should be given preference for ERC plantilla positions. The ERC Commissioners assumed office on 15 August 2001. The proposed Table of Organization, Staffing Pattern and Salary Structure was submitted on 25 September 2001 and approved by the President on 13 November 2001.
KERB sought information and assurances from the ERC about the plantilla and selection procedures (Resolution No. 2001-02 of 13 September 2001; letters of 5 and 13 November 2001). The Commissioners issued guidelines on 17 October 2001 stating that Civil Service laws would have only “suppletory” application to ERC selection and placement. Commissioner Barin replied on 15 November 2001 denying that prior CSC approval of positions was required and explaining recruitment methods. The ERC published vacancies on 5 December 2001 and submitted qualification standards to the Civil Service Commission (CSC) on 7 December 2001; a Selection Committee thereafter presented proposed appointees to the Commissioners.
Fearing loss of employment rights, KERB filed a special civil action for certiorari and prohibition under Rule 65 on 20 December 2001 and moved ex parte for an injunction on 2 January 2002; by then the Selection Committee had already presented its list. The Commissioners reported that of 212 ERB employees, 138 were rehired into ERC plantilla posit...(Pro-only)
Issues:
- Whether the Court should dismiss the petition on procedural grounds (KERB’s personality to sue and Elmar Agir’s authority to institute the action).
- Whether Section 38 of RA 9136, which abolished the ERB and created the ERC, is constitutional.
- Whether the ERC Commissioners were correct in treating RA 6656 (security of tenure during reorganization) as having only suppletory application in the...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)