13 Canonizado Vs Aguirre

Canonizado vs Aguirre replaced with another office vested with similar functions,
GR No. 133132; 25 January 2000 the abolition is a legal nullity. Thus, in U.P. Board of
Regents vs. Rasul, 200 SCRA 685 (1991), the Court said:
FACTS: It is true that a valid and bona fide abolition of an office
Petitioners were duly appointed Commissioners of the denies to the incumbent the right to security of tenure. [De
National Police Commission (NAPOLCOM) - created by la Llana vs. Alba, 112 SCRA 294 (1982)] However, in this
virtue of RA 6975. Upon the passing of the amendatory law, case, the renaming and restructuring of the PGH and its
RA 8851, “Philippine National Police Reform and component units cannot give rise to a valid and bona fide
Reorganization Act of 1998”, declared that the terms of the abolition of the position of PGH Director. This is because
current Commissioners were deemed as expired upon its where the abolished o=ce and the offices created in its
effectivity. place have similar functions, the abolition lacks good faith.
[Jose L. Guerrero vs. Hon. Antonio V. Arizabal, G.R. No.
Petitioners assail the constitutionality of Secs. 4 and 8 of 81928, June 4, 1990, 186 SCRA 108 (1990)] We hereby
RA 8551. Petitioners argue that their removal from office by apply the principle enunciated in Cesar Z. Dario vs. Hon.
virtue of Section 8 of RA 8551 violates their constitutionality Salvador M. Mison [176 SCRA 84 (1989)] that abolition
guaranteed right to security of tenure. which merely changes the nomenclature of positions is
invalid and does not result in the removal of the incumbent.
Public respondents insist that express declaration in Sec.8 The above notwithstanding, and assuming that the
of RA 8551 that the terms of petitioners offices are deemed abolition of the position of the PGH Director and the
expired discloses legislative intent to impliedly abolish the creation of a UP-PGH Medical Center Director are valid,
NAPOLCOM created under RA 6975 pursuant to a bona the removal of the incumbent is still not justified for the
fide reorganization. Petitioners posit the theory that the reason that the duties and functions of the two positions are
abolition of petitioners offices was a result of a basically the same. . . .
reorganization of the NAPOLCOM allegedly effected by RA This was also the Court's ruling in Guerrero vs. Arizabal,
8551. 186 SCRA 108 (1990), wherein it
was declared that the substantial identity in the functions
ISSUE: between the two offices was indicia of bad faith in the
1. W/N petitioners were removed by virtue of a valid removal of petitioner pursuant to a reorganization.
abolition of their office by Congress
POWER OF CONTROL. Control means
HELD: "the power of an officer to alter or modify or set aside what
According to the Supreme Court, the petitioners a subordinate officer had done in the performance of his
herein were members of the civil service and as such they duties and to substitute the judgment of the former for that
cannot be removed or suspended from office, except for of the latter." On the other hand, to supervise is to oversee,
cause provided by law. The Supreme Court granted the to have oversight of, to superintend the execution of or the
petition, but only to the extent of declaring Section 8 of RA performance of a thing, or the movements or work of a
8551 unconstitutional for being violative of the petitioners' person, to inspect with authority; it is the power or authority
right to security of tenure. The removal from office as a of an officer to see that subordinate officers perform their
result of the application of such unconstitutional provision duties. Thus, the power of control necessarily
of law and the appointment in their stead was, therefore, encompasses the power of supervision and adding the
null and void. Petitioners were entitled to reinstatement and phrase "operational supervision” under the powers of the
to the payment of full backwages to be reckoned from the NAPOLCOM would not bring about a substantial change in
date they were removed from office. its functions so as to arrive at the conclusion that a
NOTES: completely new office has been created.
CREATION AND ABOLITION OF OFFICE: REQUISITES.
The creation and abolition of public offices is primarily a REORGANIZATION: REQUISITES. Reorganization takes
legislative function. It is acknowledged that Congress may place when there is an alteration of the existing structure of
abolish any office it creates without impairing the officer's government offices or units therein, including the lines of
right to continue in the position held and that such power control, authority and responsibility between them. It
may be exercised for various reasons, such as the lack of involves a reduction of personnel, consolidation of offices,
funds or in the interest of economy. However, in order for or abolition thereof by reason of economy or redundancy of
the abolition to be valid, it must be made in good faith, not functions. Naturally, it may result in the loss of one's
for political or personal reasons, or in order to circumvent position through removal or abolition of an office. However,
the constitutional security of tenure of civil service for a reorganization to be valid, it must also pass the test of
employees. good faith, laid down in Dario vs. Mison: . . . As a general
rule, a reorganization is carried out in "good faith" if it is for
EFFECT. An abolition of office connotes an intention to do the purpose of economy or to make bureaucracy more
away with such office wholly and permanently, as the word efficient.
"abolished" denotes. Where one office is abolished and

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Canonizado vs Aguirre replaced with another office vested with similar functions,

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