The Court of Appeals has dismissed a legal challenge questioning the appointment of Rafael Calinisan as vice chair and chief executive officer (VCEO) of the National Police Commission (Napolcom).
In a decision dated 06 February 2026, the appellate court’s Thirteenth Division denied the petition filed by former Napolcom Commissioner and VCEO Alberto Bernardo seeking to overturn the Manila Regional Trial Court’s earlier dismissal of his quo warranto case against Calinisan.
Bernardo had questioned Calinisan’s appointment in November 2024, claiming he was abruptly removed from his post without being informed of the reasons and without being given the chance to respond to concerns about his tenure.
He maintained that his term was fixed and supposed to run until 2028.
The dispute arose after the Department of the Interior and Local Government (DILG) asked Bernardo to explain why he availed himself of optional retirement from the Government Service Insurance System (GSIS) in 2023 while continuing to occupy the Napolcom VCEO position.
Bernardo argued that claiming his optional retirement benefits only severed his membership with the GSIS and did not terminate his government service. He also insisted that he merely transitioned from a career government position to a non-career post with a fixed term.
However, in a ruling penned by Associate Justice Rafael Antonio Santos, the appellate court said Bernardo failed to prove a clear legal right to the office.
The CA emphasized that membership in the GSIS is mandatory for government employees, including appointive officials who were appointed before turning 65 but remain in office beyond that age.
The court said there is no distinction between career and non-career officials, rejecting Bernardo’s argument that he could end his GSIS membership while continuing to serve as Napolcom commissioner and VCEO.
The court also noted that separation from government service is a requirement before retirement benefits can be released.
“From the foregoing, it is clear that it is mandatory for all government employees to be members of the GSIS, negating petitioner-appellant’s contention that he can validly end his membership with the GSIS while still serving as the Commissioner and VCEO of the NAPOLCOM,” the ruling said.
According to the CA, Bernardo’s Napolcom service record indicated that he had retired on 01 November 2023, which effectively created a vacancy in the position and paved the way for Calinisan’s appointment.
Calinisan said he would continue his work at the Napolcom following the court ruling.