The Court of Appeals has affirmed the appointment of Rafael Vincent Calinisan as commissioner, vice chairperson, and executive officer (VCEO) of the National Police Commission (NAPOLCOM).
In a 28-page decision penned by Associate Justice Rafael Antonio Santos, the appellate court’s 13th Division rejected the appeal filed by former commissioner Alberto Bernardo, who sought to nullify Calinisan’s appointment.
Bernardo argued that his March 2022 appointment carried a fixed term until 2028, making him the rightful occupant of the post.
However, after availing of optional retirement benefits from the Government Service Insurance System in 2023, he later challenged Calinisan’s appointment before the Manila Regional Trial Court Branch 51, which ruled in favor of Calinisan in September 2025. The case was then elevated to the appellate court.
The Court of Appeals held that Bernardo’s decision to take optional retirement effectively ended his tenure, creating a vacancy that the President was authorized to fill.
“By choosing optional retirement, petitioner-appellant severed his employment as Commissioner and VCEO of NAPOLCOM. That vacancy was lawfully filled when the President appointed respondent-appellee Calinisan to the post,” the decision stated.
The court also noted that Bernardo attempted to withdraw his retirement only after the Department of the Interior and Local Government questioned his actions, indicating he realized the implications too late.
“His effort to undo the retirement came too late, as the act was already a fait accompli and had terminated his tenure years ahead of schedule,” the ruling added.