IN RE LETTER OF ASSOCIATE JUSTICE REYNATO PUNO [A.M. No. 90-11-2697-CA. June 29, 1992]

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 the present CA is a new court or merely  a continuation of the CA and IAC 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.