A.M. NO.

90-11-2697-CA JUNE 29, 1992


IN RE LETTER OF ASSOCIATE JUSTICE REYNATO PUNO

PONENTE: PADILLA, J

Facts:

Petitioner Assoc. Justice Puno, a member of the Court of Appeals (CA), wrote a letter dated Nov.
14, 1990 addressed to the Supreme Court about the correction of his seniority ranking in the CA. It
appears from the records that petitioner was first appointed as associate justice of the CA on June
20, 1980 but took his oath of office on Nov. 29, 1982. The CA was reorganized and became the
Intermediate Appellate Court (IAC) pursuant to Batas Pambansa Blg. 129, “An Act Reorganizing
the Judiciary Appropriating Funds Therefor and For Other Purposes.” He was then appointed as
appellate justice and later accepted an appointment to be a deputy minister of Justice in the
Ministry of Justice. In Edsa Revolution in Feb. 1986 brought about reorganization of the entire
government including the judiciary. A Screening Committee was created. When Pres. Cory Aquino
issued Executive Order No. 33, as an exercise of her legislative power, the Screening Committee
assigned the petitioner to rank No. 11 from being the assoc. justice of the NEW CA. However, the
petitioner’s ranking changed from No. 11, he now ranked as No. 26. He alleges that the change in
his seniority ranking would be contrary to the provisions of issued order of Pres. Aquino. The court
en banc ranted Justice Puno’s request. A motion for consideration was later filed by Campos and
Javelliano who were affected by the change of ranking. They contend that the petitioner cannot
claim such reappointment because the court he had previously been appointed ceased to exist at
the date of his last appointment.

Issue:

Whether or not the present CA is a new court or merely a continuation of the old CA and
Intermediate Appellate (IAC) Court that would negate any claim to seniority enjoyed by the
petitioner existing prior to said EO No. 33.

Held:

The present CA is a new entity, different and distinct from the CA or the IAC, for it was created in
the wake of the massive reorganization launched by the revolutionary government of Corazon
Aquino in the people power. A revolution has been defined as the complete overthrow of the
established government in any country or state by those who were previously subject to it as as
sudden, radical, and fundamental change in the government or political system, usually effected
with violence. A government as a result of people’s revolution is considered de jure if it is already
accepted by the family of nations or countries like the US, Great Britain, Germany, Japan, and
others. In the new government under Pres. Aquino, it was installed through direct exercise of the
Filipino power. Therefore, it is the present CA that would negate the claims of Justice Puno
concerning his seniority ranking.