**Cesar R. De Leon and Francisco R. Estavillo vs. J. Antonio M. Carpio, Director, National Bureau of Investigation**
**Facts:**
1. **Termination of Services:**
– On January 27, 1987, the services of Cesar R. De Leon (Head Agent) and Francisco R. Estavillo (Agent III) with the National Bureau of Investigation (NBI) were terminated by then Minister of Justice Neptali A. Gonzales.
– Both De Leon and Estavillo received their dismissal notifications in February and March 1987, respectively.
2. **Appeal to Review Committee:**
– Both petitioners appealed to the Review Committee under Executive Order No. 17.
– The Review Committee declined to act on their petitions, citing loss of jurisdiction due to the ratification of the 1987 Constitution on February 2, 1987. The petitioners were advised to seek relief from the Civil Service Commission (CSC).
3. **Appeal to Civil Service Commission:**
– The Merit Systems Protection Board (MSPB) under the CSC sustained the petitioners’ appeals, deeming the dismissals invalid and unconstitutional. The MSPB ordered their reinstatement with back salaries but allowed for potential administrative charges against them.
4. **Orders of Reinstatement:**
– Undersecretary of Justice Eduardo G. Montenegro referred Estavillo’s reinstatement order to NBI Director J. Antonio M. Carpio on September 29, 1987.
– Undersecretary of Justice Silvestre H. Bello III referred De Leon’s reinstatement order to Carpio on March 14, 1988.
– Carpio did not implement these orders, returning them to the CSC as null and void.
5. **Enforcement by Secretary of Justice:**
– The MSPB issued another order on June 20, 1988, rejecting Carpio’s claim and clarifying that their previous orders had become final and executory.
– Secretary of Justice Sedfrey A. Ordoñez issued a memorandum on June 29, 1988, directing Carpio to implement the MSPB orders.
6. **NBI Director’s Defiance:**
– Director Carpio issued a memorandum on July 1, 1988, directing NBI staff to disregard the MSPB orders.
– Estavillo and De Leon filed separate petitions for mandamus in the Supreme Court.
**Issues:**
1. **Jurisdiction of MSPB:**
– Whether the MSPB had jurisdiction to review the dismissals under the Freedom Constitution and order the reinstatement of the petitioners.
2. **Compliance with Secretary of Justice’s Orders:**
– Whether the NBI Director, as a subordinate in the Department of Justice, is required to comply with direct orders from the Secretary of Justice.
3. **Constitutionality of Dismissals:**
– Whether the summary dismissals of Estavillo and De Leon under Executive Order No. 17 were constitutional, given the security of tenure protections under the 1987 Constitution.
**Court’s Decision:**
1. **Jurisdiction of MSPB:**
– The Court affirmed the MSPB’s jurisdiction to review the dismissals and order reinstatement. The 1987 Constitution was already effective at the time of dismissal notifications, thus protecting petitioners’ security of tenure.
2. **Compliance with Secretary of Justice’s Orders:**
– The Court ruled that the NBI Director must comply with the Secretary of Justice’s orders. As a subordinate in the Department of Justice, the NBI Director operates directly under the Secretary’s control and must implement his directives, which are presumptively acts of the President given the constitutional power of control.
3. **Constitutionality of Dismissals:**
– The Court reiterated that the dismissals, having been executed summarily under EO No. 17 without the due process guaranteed by the 1987 Constitution, were invalid. Reinstatement without prejudice to proper administrative proceedings was consistent with the principles enshrined in the Constitution.
**Doctrine:**
1. **Executive Control:**
– The President’s power of control over executive departments is absolute. Department heads must implement directives from superiors within the executive branch, reflecting the President’s authority (Article VII, Section 17 of the Constitution).
2. **Security of Tenure:**
– Employee dismissals must comply with due process requirements under the Constitution. Summary dismissals without proper adversarial proceedings are invalid where constitutional protections exist.
**Class Notes:**
– **Key Concepts:**
– **Power of Executive Control:** The President exercises full control over executive departments and bureaus.
– **Constitutional Security of Tenure:** Employees cannot be dismissed without due process under the 1987 Constitution.
– **Relevant Statutes/Provisions:**
– **1987 Constitution:** Article VII, Section 17 – President’s control over executive departments.
– **Civil Service Law:** Governs the process for dismissing civil servants, ensuring protection of security of tenure.
**Historical Background:**
The case reflects the transition period following the ratification of the 1987 Constitution, which reinstated democratic principles and safeguards following the end of the Marcos regime. The dispute highlights the ongoing adjustments and challenges in aligning administrative actions with the new constitutional mandates. The reinstatement of officials dismissed under the Freedom Constitution underscores the judiciary’s role in upholding constitutional protections and executive accountability.
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