Manila: The Court of Appeals has upheld the leadership of Rafael Vincent Calinisan as commissioner and vice chairperson and executive officer (VCEO) of the National Police Commission (NAPOLCOM).
According to Philippines News Agency, the decision was detailed in a 28-page document penned by Associate Justice Rafael Antonio Santos. The CA's 13th Division denied the appeal filed by former NAPOLCOM commissioner Alberto Bernardo against Calinisan's appointment. Bernardo, who opted for retirement benefits from the Government Service Insurance System (GSIS) in 2023, claimed he was still the rightful holder of the post after being appointed in March 2022 with a fixed term until 2028.
Bernardo challenged Calinisan's appointment before the Manila Regional Trial Court Branch 51, which ruled in favor of Calinisan in an order dated September 25, 2025. Bernardo then took his appeal to the Court of Appeals.
The appellate court determined that Bernardo's voluntary retirement created a vacancy in his position. This vacancy was subsequently filled by the President's appointment of Calinisan as the new Commissioner, representing the Civilian Sector, and VCEO of NAPOLCOM. The CA noted that Bernardo attempted to retract his retirement only after the Department of the Interior and Local Government questioned his actions, suggesting he realized it was an error.
The court stated, "However, his (Bernardo) 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."