Blaquera V Civil Service Commission Case Digest

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Blaquera v Civil Service Commission coterminous employees in the DENR until

GR No. 103121; 10 September 1993 December 31 ,1991.
The petitioners and intervenors who are permanent 7. On August 6, 1991, DENR Secretary
employees in the Department of Environment and Factoran submitted a memorandum to
Natural Resources (DENR) filed this petition for President Aquino, through Executive
prohibition and mandamus with a prayer for the Secretary Franklin Drilon, requesting that the
issuance of a writ of preliminary injunction and/or 597 coterminous positions of the DENR be
restraining order, to stop the respondents from extended up to December 31, 1991, without
removing them from their positions in the DENR prejudice to DBM's action on his (Secretary
pursuant to the 1987 reorganization of that Factoran's) motion for reconsideration. The
department under Executive Order No. 192 dated Office of the President granted the request.
June 10, 1987.
8. But as Secretary Factoran's request for
FACTS: reconsideration of Secretary Carague's order
1. Pursuant to Executive Order No. 165 of May remained unacted upon, the petitioners filed
5, 1987 which abolished the Commission of in this Court on December 19, 1991, the
Government Reorganization and transferred present petition for prohibition
its remaining functions to the Department of and mandamus with a prayer for the
Budget and Management (DBM). DENR issuance of a restraining order/preliminary
Secretary Fulgencio S. Factoran, Jr. injunction.
submitted to the DBM a staffing pattern
consisting of 28,106 positions. The DBM ISSUE/S:
approved only 22,956 positions and the 1. Whether the impending mass dismissal of
petitioners' positions were among those petitioners from employment would violate
trimmed off the new plantilla. their right to security of tenure and the
provisions of Republic Act. No. 6656
2. On July 4, 1988, the DBM released a revised
staffing pattern containing 23,612 positions 2. Whether the appointment of the petitioners to
only which was 1,002 positions less than the so-called coterminous positions deprived
what the DENR Secretary requested and them of the right to due process
which still did not include the positions of the
petitioners. 3. The creation of positions “coterminous with
the incumbent but not exceeding three
3. On July 29, 1988, the DENR requested the years” is not in accordance with civil service
DBM to restore 839 positions which DBM laws, rules, and regulations
had disapproved earlier. After long
negotiations between the DENR and DBM, 4. Respondent DBM Secretary has no
subject to the condition that these positions discretion but to grant respondent DENR
shall be coterminous with the appointees but Secretary's request for regularization of the
not to exceed three (3) years. coterminous positions.
4. Meanwhile, on June 10, 1988, Republic Act HELD:

No. 6656 "An Act to Protect the Security of
Tenure of Civil Service Officers and The Supreme Court finds merit in the petition.
Employees In the Implementation of
Government Reorganization," was passed. Yes, it violated their right to security of tenure.
Section 11 thereof orders all departments
and agencies to complete the 1987 President Corazon Aquino invested herself under
reorganization of the executive branch within Sections 1 and 2, Article III of the Freedom
ninety (90) days from the approval of the law, Constitution (Proclamation No. 3, March 25, 1986)
or on or before September 8, 1988. with power and authority to reorganize the
Government "by proclamation or executive order or by
5. The directors of the affected designation or appointment and qualification of the
bureaus requested the DENR and DBM successor of any elective and appointive officials
Secretaries to convert the coterminous under the 1973 Constitution."
positions to permanent. It was denied and
not acted upon by DBM Secretary Guillermo The President issued E. O. No. 17 on May 28, 1986
Carague. providing guidelines for the implementation of the
reorganization "to protect career civil servants whose
6. Meanwhile, the General Appropriations Act qualifications and performance meet the standards of
of FY 1991 provided for the salaries of the service demanded by the new Government, and to
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ensure that only those found corrupt, inefficient and In fact, DENR Secretary Fulgencio Factoran
undeserving are separated from the government (who is presumed to know better than anyone else the
service." needs of his department) had urged the DBM to
restore the positions of the petitioners because they
are "vital to the functions, mandates and objectives of
Although the security of tenure of government the DENR." Since the abolition of their positions will
employees is protected by Section 2, subpar. (3), Title not conduce to either "efficiency" or "economy" in the
B, Article IX of the 1987 Constitution, thus: Service, which are the principal justifications for any
government overhaul, then, obviously, the
reorganization of the DENR is not justified.
Sec. 2. (3) No officer or employee of the civil service __________________________________________
shall be removed or suspended except for cause
provided by law. In the case of Dario vs Mison is a basic
ingredient for the validity of any government
Section 16 of Article XVIII (Transitory Provisions) of reorganization Without it, the cloth would disintegrate.
the Constitution still allows the separation of “Reorganization is a recognized valid ground for
employees "not for cause but as a result of the separation of civil service employees, subject only to
reorganization pursuant to Proclamation No. the condition that it be done in good faith. No less
3 . . . and the reorganization following the ratification than the Constitution itself in Sec. 16 of the Transitory
of this Constitution." Provisions, together with Section 33 and 34 of EO No.
81 and Sec. 9 of RA No. 6656, support this conclusion
Yes, the creation of positions “coterminous with the with the declaration that all those not so appointed in
incumbent but not exceeding three years” is not in the implementation of said reorganization shall be
accordance with civil service laws, rules, and deemed separated from the service with the
regulations concomitant recognition of their entitlement to
appropriate separation benefits and/or retirement
plans of the reorganized government agency.
"Reorganization in this jurisdiction have been

regarded as valid provided they are pursued in good
Yes, It deprived them of the right to due process faith. As a general rule, a reorganization is carried out
in 'good faith' if it is for the purpose of economy or to
In fact, DENR Secretary Fulgencio Factoran (who make bureaucracy more efficient. In that event, no
is presumed to know better than anyone else the dismissal (in case of dismissal) or separation actually
needs of his department) had urged the DBM to occurs because the position itself ceases to exist. And
restore the positions of the petitioners because they in that case, security of tenure would not be a
are "vital to the functions, mandates and objectives of Chinese wall. Be that as it may, if the 'abolition,' which
the DENR”. Since the abolition of their positions will is nothing else but a separation or removal, is done
not conduce to either "efficiency" or "economy" in the for political reasons or purposely to defeat security of
Service, which are the principal justifications for any tenure, or otherwise not in good faith, no valid
government overhaul, then, obviously, the 'abolition' takes place and whatever 'abolition' is done,
reorganization of the DENR is not justified. is void ab initio. There is an invalid 'abolition' as where
there is merely a change of nomenclature of positions,
The conversion of the petitioners from or where claims of economy are belied by the
permanent to "coterminous" employees is a existence of ample funds." (Dario vs. Mison, 176
wholesale demotion of personnel which is tantamount SCRA 84, 92-93.)
to removal without cause and without due process.
(Floreza vs. Ongpin, 182 SCRA 692, 693.) It is There is no dispute over the power to reorganize —
therefore null and void. whether traditional, progressive, or whatever adjective
is appended to it. However, the essence of
There appears to be no sufficient justification for constitutional government is adherence to basic rules.
the reorganization of the DENR, as revised by the The rule of law requires that no government official
DBM. The fact that Section 25 of E.O. No. 192 should feel free to do as he pleases using only his
changed the status of all the officers and employees avowedly sincere intentions and conscience to guide
of the DENR from permanent or regular to mere him. The fundamental standards of fairness embodied
"hold-overs," flagrantly violating the employees’ right in the bona fide rule cannot be disregarded. More
to due process, taints the reorganization process. particularly, the auto-limitations imposed by the
President when she proclaimed the Provisional
Constitution and issued executive orders as sole law
Yes, DBM should grant the Secretary’s request. maker and the standards and restrictions prescribed
by the present Constitution and the Congress
established under it, must be obeyed. Absent this
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compliance, we cannot say that a reorganization is

bona fide." (Mendoza vs. Quisumbing, 186 SCRA
108.) "In fact, the right of the State to reorganize the
Government resulting in the separation of career civil
service employees under the 1987 Constitution is
beyond dispute, but as emphasized in the Mison case
and in the cases of Bondoc vs. Sec. of Science and
Technology, Quisumbing vs. Tupas and Hamed vs.
Civil Service Commission, all of which having been
promulgated on July 19, 1990, said reorganization,
ouster, and appointments of successors must be
made in GOOD FAITH."
WHEREFORE, the petition for certiorari in

GRANTED. The removal of the petitioners and
intervenors from office is declared null and void. The
respondent Secretary of the Department of
Environment and Natural Resources (DENR), or his
successor in office, is ordered to reinstate the
petitioners to their former or equivalent positions in
the DENR without loss of seniority and other benefits,
and to issue regular and permanent appointments to
them for the positions in the new organization and
staffing pattern corresponding to their positions in the
1986 plantilla. The respondent Secretary of the
Department of Budget and Management, or his
successor in office, is ordered to reinstate the
appropriation for the salaries of the petitioners and
intervenors. The temporary restraining order which
the Court issued in this case is made
permanent.chanroblesvirt

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1

Blaquera v Civil Service Commission coterminous employees in the DENR until

4. Meanwhile, on June 10, 1988, Republic Act HELD:

"Reorganization in this jurisdiction have been

compliance, we cannot say that a reorganization is

WHEREFORE, the petition for certiorari in

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