Summary: De la Llana vs.

Alba (GR 57883, 12 March 1982)

De la Llana vs. Alba
[GR 57883, 12 March 1982]
En Banc, Fernando (J): 2 concur, 1 concurs with condition, 7 concur in separate opinions, 1 dissents in
separate opinion

Facts: De la Llana, et al. filed a Petition for Declaratory Relief and/or for Prohibition (considered by this Court
as an action for prohibition), seeking to enjoin the Minister of the Budget, the Chairman of the Commission on
Audit, and the Minister of Justice from taking any action implementing Batas Pambansa Blg. 129. BP 129
mandates that Justices and judges of inferior courts from the Court of Appeals to municipal circuit courts,
except the occupants of the Sandiganbayan and the Court of Tax Appeals, unless appointed to the inferior
courts established by such Act, would be considered separated from the judiciary. It is the termination of their
incumbency that for petitioners justifies a suit of this character, it being alleged that thereby the security of
tenure provision of the Constitution has been ignored and disregarded.

Issue: Whether the abolition of the existing inferior courts collides with the security of tenure enjoyed by
incumbent Justices and judges Under Article X, Section 7 of the Constitution.

Held: The Batasang Pambansa is expressly vested with the authority to reorganize inferior courts and in the
process to abolish existing ones. The termination of office of their occupants, as a necessary consequence of
such abolition, is hardly distinguishable from the practical standpoint from removal, a power that is now vested
in the Supreme Court. Removal is, of course, to be distinguished from termination by virtue of the abolition of
the office. There can be no tenure to a non-existent office. After the abolition, there is in law no occupant. In
case of removal, there is an office with an occupant who would thereby lose his position. It is in that sense that
from the standpoint of strict law, the question of any impairment of security of tenure does not arise.
Nonetheless, for the incumbents of inferior courts abolished, the effect is one of separation. As to its effect, no
distinction exists between removal and the abolition of the office. Realistically, it is devoid of significance. He
ceases to be a member of the judiciary. In the implementation of the assailed legislation, therefore, it would be
in accordance with accepted principles of constitutional construction that as far as incumbent justices and
judges are concerned, the Supreme Court be consulted and that its view be accorded the fullest consideration.
No fear need be entertained that there is a failure to accord respect to the basic principle that the Supreme
Court does not render advisory opinions. No question of law is involved. If such were the case, certainly the
Supreme Court could not have its say prior to the action taken by either of the two departments. Even then, it
could do so but only by way of deciding a case where the matter has been put in issue. Neither is there any
intrusion into who shall be appointed to the vacant positions created by the reorganization. That remains in the
hands of the Executive to whom it properly belongs. There is no departure therefore from the tried and tested
ways of judicial power. Rather what is sought to be achieved by this liberal interpretation is to preclude any
plausibility to the charge that in the exercise of the conceded power of reorganizing the inferior courts, the
power of removal of the present incumbents vested in this Tribunal is ignored or disregarded. The challenged
Act would thus be free from any unconstitutional taint, even one not readily discernible except to those
predisposed to view it with distrust. Moreover, such a construction would be in accordance with the basic
principle that in the choice of alternatives between one which would save and another which would invalidate a
statute, the former is to be preferred. There is an obvious way to do so. The principle that the Constitution
enters into and forms part of every act to avoid any unconstitutional taint must be applied. Batas Pambansa
Blg. 129 could stand the most rigorous test of constitutionality. Further, it is of the essence of constitutionalism
to assure that neither agency is precluded from acting within the boundaries of its conceded competence. That
is why it has long been well-settled under the constitutional system we have adopted that the Supreme Court
cannot, whenever appropriate, avoid the task of reconciliation. It is a cardinal article of faith of our constitutional
regime that it is the people who are endowed with rights, to secure which a government is instituted. Acting as
it does through public officials, it has to grant them either expressly or impliedly certain powers. Those they
exercise not for their own benefit but for the body politic. The Constitution does not speak in the language of
ambiguity: "A public office is a public trust." That is more than a moral adjuration. It is a legal imperative. The
law may vest in a public official certain rights. It does so to enable them to perform his functions and fulfill his
responsibilities more efficiently. It is from that standpoint that the security of tenure provision to assure judicial
independence is to be viewed. There is no reason to assume that the failure of this suit to annul BP 129 would
be attended with deleterious consequences to the administration of justice. It does not follow that the abolition
in good faith of the existing inferior courts except the Sandiganbayan and the Court of Tax Appeals and the
creation of new ones will result in a judiciary unable or unwilling to discharge with independence its solemn
duty or one recreant to the trust reposed in it. Nor should there be any fear that less than good faith will attend
the exercise of the appointing power vested in the Executive. It cannot be denied that an independent and
efficient judiciary is something to the credit of any administration. Well and truly has it been said that the
fundamental principle of separation of powers assumes, and justifiably so, that the three departments are as
one in their determination to pursue the ideals and aspirations and to fulfill the hopes of the sovereign people
as expressed in the Constitution.