GR 97180; (May, 1992) (Digest)
G.R. No. 97180 May 8, 1992
BENJAMIN D. SISON, petitioner, vs. CIVIL SERVICE COMMISSION, respondent.
FACTS
Petitioner Benjamin D. Sison was designated as Municipal Agricultural Officer for San Fabian, Pangasinan on April 30, 1980. On January 1, 1986, he received a permanent appointment as Municipal Agriculture and Food Officer (MAFO). Following the issuance of Executive Order No. 116 in 1987, which renamed and reorganized the Ministry of Agriculture and Food into the Ministry of Agriculture, petitioner was removed from his MAFO position and demoted to Production Technician, with Bonifacio Molina, Jr. appointed in his place. Petitioner appealed to the Civil Service Commission, which referred the case to the Department of Agriculture Reorganization Appeals Board (DA-RAB). The DA-RAB denied his request for reconsideration on March 26, 1990, and the CSC dismissed his appeal on October 10, 1990. Petitioner filed this petition assailing his removal and demotion as violative of his constitutional right to security of tenure.
ISSUE
Whether the reorganization of the Department of Agriculture under Executive Order No. 116, which resulted in petitioner’s removal and demotion, was valid and in compliance with applicable laws and guidelines.
RULING
The Supreme Court GRANTED the petition. The Court ruled that the reorganization of the Department of Agriculture was null and void, as it failed to comply with the guidelines prescribed in Executive Order No. 17, the 1987 Constitution , and Republic Act No. 6656 . The Court cited its prior decisions in Bustamante v. Executive Secretary and Parian v. Civil Service Commission, which set aside the same reorganization for non-compliance. The grounds for separation under E.O. No. 17 were not shown to exist against petitioner, and his permanent appointment entitled him to security of tenure, meaning he could not be removed except for cause provided by law. The Court found that the positions of MAFOs were merely rebaptized as MAOs, with functions, duties, stations, and the number of positions remaining unchanged, indicating that the reorganization was a pretext for reshuffling personnel in violation of their security of tenure. The Court set aside the orders of the Regional Director of the Department of Agriculture and the Civil Service Commission and ordered the reinstatement of petitioner Benjamin D. Sison to his position as Municipal Agriculture and Food Officer of San Fabian, Pangasinan.