De La Llana Vs Alba Case Digest
This Court, pursuant to its grave responsibility of passing upon the validity of any executive or legislative act in an appropriate cases, has to resolve the crucial issue of the constitutionality of Batas Pambansa Blg. 129, entitled “An act reorganizing the Judiciary, Appropriating Funds Therefor and for Other Purposes.”
Facts – De La Llana Vs Alba Case Digest
Petitioner challenges the constitutionality of Batas Pambansa 129 which in effect would cause the abolition of 1,663 judicial positions in the inferior courts terminating the incumbency of Justices and Judges.
It is argued that the legislation impairs the independence of the Judiciary as protected and safe guarded by the Now Article VIII, Section II of the Constitution
RELATED
Issue
Whether or not the “Security of Tenure” Provision of the Constitution disregarded by BO 129 thereby impairing the independence of the Judiciary?
Ruling
No.
The Court ruled that the abolition of an office within the competence of a legitimate body if done in good faith suffers no infirmity.
No removal or separation of petitioners from the service is here involved.
The constitutionality of BP 129 not having been shown, the petition is dismissed. No costs.
