Mayor vs Macaraig GR No.

87211 1991
Constitutionality of RA 6715 was assailed by 5 special civil actions, insofar as it declares
vacant all positions of the Commissioners, Executive Labor Arbiters and Labor Arbiters
of the NLRC and operates to remove the incumbents upon the appointment and
qualification of their successors.

reorganization of the National Labor Relations Commission (Sec 35)

W/N there was an express or implied abolition of the petitioners offices

in the NLRC, which is the only mode by which, under the
circumstances, the petitioners removal from their positions may be
sustained
Security of tenure is a protected right under the Constitution. No
officer or employee in the civil service shall be removed or suspended
except for cause provided by law. So the Commissioners had the right
to remain in office until the expiration of the terms for which they had
been appointed unless removed for cause provided by law. Same
goes with the Executive Director and Deputy Executive Director and
Labor Arbiters, who had the right to remain in their positions until age
of compulsory retirement unless removed for cause provided by law.
None of them could be deemed as serving at the pleasure of the
President.
The only recognized cause for removal or termination is the abolition
by law of his office as a result of reorganization carried out because of
economy or to remove redundancy. Abolition is NOT the same as
declaring the office vacant. While it is the prerogative of legislature to
abolish certain offices, it cant just pronounce the offices vacant and
remove the occupants of the offices. Such an act would constitute, on
its face, an infringement of the constitutional guarantee of security of
tenure and it will have to be struck down.
The question now is if there was an express or implied abolition in RA
There was no express abolition. An implied abolition would happen if
there was an irreconcilable inconsistency between the nature, duties
and functions of the petitioners offices under the old rules and those
under the new law.
It seems, upon examination of the law, that there were no significant
amendments to the positions that would impliedly abolish the positions
that the petitioners held.
RA 6715 did not abolish the NLRC or change its essential character as a
supervisory and adjudicatory body. The amendments conferred a
greater measure of autonomy, required that the membership be drawn

from tripartite sectors, changed the official stations of the Commissions

divisions, and prescribed higher or other qualifications for the positions
of Commissioner (this one should operate only prospectively, plus the
petitioners asserted without dispute that they did possess these new
qualifications) - none of the amendments revised the nature, powers
and duties of the NLRC in such a way that the Act impliedly abolished
the offices of the commissioners and created others in its place.
As far as the Labor Arbiters were concerned, there were no essential
inconsistencies between their old functions and the RA 6715. Their
constitutionally guaranteed security of tenure cannot be defeated by a
provision for higher or other qualifications than what was prescribed by
the old law since, again, these new qualifications should operate
prospectively AND there is also no showing here that the petitioning
Arbiters do not qualify under the new law.
The positions of executive clerk and deputy executive clerk are not
newly-created offices but are new names given to the existing
positions of executive director and deputy executive director. There is
no essential change in the duties of these basically administrative
positions - just a change of name. Also, there was no specified
qualification for executive clerk and deputy executive clerk so there is
no reason to suppose that they should be higher than those specified
for executive director and deputy executive director that precludes the
incumbents from being named executive clerk and deputy executive
clerk.
RULING: petitions are granted. The section was not declared
unconstitutional but the removal of the commissioners, executive
director, deputy executive director and labor arbiters were deemed
unconstitutional and void.