CA affirms Calinisan as NAPOLCOM chief in quo warranto case

The Court of Appeals (Philippines) has affirmed the appointment of Ralph Calinisan as commissioner and vice chairperson and executive officer of the National Police Commission.

Calinisan said Friday that the appellate court denied the appeal filed by former commissioner Alberto Bernardo, which sought to block his appointment.

Calinisan shared with DAILY TRIBUNE the court’s 28-page decision, penned by Associate Justice Rafael Antonio M. Santos of the 13th Division.

“To say thanks is not enough for me to express my gratitude for the Court of Appeals’ decision. Sa tulong ng Diyos at taong-bayan, gagamitin ko pong gabay ang desisyong ito para lalo pang mapabuti ang paglilingkod sa NAPOLCOM, sa Philippine National Police (PNP), at lalo na sa taong-bayan,” Calinisan said.

Ferdinand Marcos Jr. appointed Calinisan as commissioner with a fixed term of six years. He was later designated as the head of NAPOLCOM, serving as vice chairperson and executive officer.

Appeal denied

Bernardo had filed a petition seeking to block Calinisan’s appointment, including an application for a temporary restraining order and a writ of preliminary injunction before the Regional Trial Court of Manila Branch 51.

In an order dated 25 September 2025, the trial court ruled in favor of Calinisan.

Bernardo subsequently elevated the case to the Court of Appeals, which also ruled against him.

The former commissioner sought to be restored to the position of NAPOLCOM commissioner and vice chairperson and executive officer, while requesting Calinisan’s removal from the post.

Bernardo argued that he remained the lawful holder of the position following his appointment in March 2022, with a fixed term until 2028.

Court ruling

However, the appellate court ruled that Bernardo’s optional retirement effectively vacated the position.

The decision stated that “since petitioner-appellant effectively severed or terminated his own employment as Commissioner and VCEO of NAPOLCOM through his voluntary optional retirement from the service, such retirement created a vacancy in the position, which vacancy was eventually filled by the President when he appointed respondent-appellee Calinisan as the new Commissioner, representing the Civilian Sector, and VCEO of NAPOLCOM.”

Court records showed that the dispute arose after Bernardo availed himself of optional retirement benefits from the Government Service Insurance System in 2023 while still occupying the post.

Questions regarding his continued eligibility to remain in office later prompted the filing of the petition before the Regional Trial Court.

The appellate court also noted that Bernardo’s attempt to retract his retirement came too late.

“To the eyes of this Court, petitioner-appellant's retraction appears to be an attempt at correcting a mistake which he realized only after the Department of the Interior and Local Government (DILG) Secretary made him explain his actuations; however, his delayed remedy proved to be a little too late after his retirement was already a fait accompli and resulted in him terminating his tenure several years early,” the court said.