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safeguards against the strong arm and ruthless propensity that accompanies reorganizations -

notwithstanding the fact that removals arising therefrom were "not for cause," and in spite of the fact that

such removals would have been valid and unquestionable. Noteworthy is the injunction embodied in the

Executive Order that dismissals should be made on the basis of findings of inefficiency, graft, and unfitness

to render public service. Assuming, then, that this reorganization allows removals "not for cause" in a

manner that would have been permissible in a revolutionary setting as Commissioner Mison so purports, it

would seem that the Commissioner would have been powerless, in any event, to order dismissals at the

Customs Bureau left and right.

Lastly, reorganizations must be carried out in good faith. In this case, Mison failed to prove that the

reorganization was indeed made in good faith because he hired more people to replace those that he fired

and no legitimate structural changes have been made. To sum up, the President could have validly removed

officials before the effectivity of the 1987 Constitution even without cause because it was a revolutionary

government. However, from the effectivity of the 1987 Constitution, the State did not lose its right to

reorganize resulting to removals but such reorganization must be made in good faith.

Mayor v. Macaraig [Mar. 5, 1991]

24SEP

Mayor v. Macaraig Fact: RA No. 6715 Declaring Vacant all positions of the Commissioners, ExecutiveLabor Arbiters and Labor Arbiters of the present National Labor Relations Commissions The old positionswere declared vacant because of the need to professionalize the higher levels of officialdom invested withadjudicatory powers and functions, and upgrade their qualifications, ranks and salaries or emoluments.

Issue: The constitutionality of the provisions of RA No. 6715.
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Mendoza, dissent ing:

- The prohibition against midnight appointments is not limited to those made by an outgoing

President. The same covers those made by outgoing elective officials since midnight appointments

in general are bad because they are made hurriedly, without due deliberation and careful

consideration of the needs of the office and the qualifications of the appointee. Moreover, the

offend principle of fairness, justice and righteousness.

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