Facts:

The case in question involves petitioners Jose S. Andaya and Edgardo L. Inciong who challenged the decision of the Regional Trial Court, Cebu City, Branch 20. This legal dispute arose after P/Supt. Antonio Enteria was relieved of his command, and on January 3, 1996, the position of City Director for the Cebu City Police Command became vacant. Subsequent to this vacancy, Andaya, as the Regional Director of the Regional Police Command No. 7, submitted a list of five eligible candidates to Cebu City's Mayor, Alvin B. Garcia, from which the Mayor would select the new Chief of Police. However, the Mayor objected to the omission of P/Chief Inspector Andres Sarmiento from this list and requested Andaya to include Sarmiento. Andaya rejected this request, asserting that Sarmiento did not meet the qualifications outlined in NAPOLCOM Memorandum Circular No. 95-04, specifically claiming that Sarmiento had not completed the required Officers Senior Executive Course (OSEC) and did not pos

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Facts:

Background of the Case

• The dispute arose over the appointment process for the position of City Director (chief of police) of the Cebu City Police Command.
• Upon the vacancy left by the relief of P/Supt. Antonio Enteria on January 3, 1996, petitioner Jose S. Andaya, then Regional Director, Regional Police Command No. 7, submitted a list of five eligible candidates to the City Mayor, Cebu City, for appointment.

Dispute over the Composition of the List of Eligible Candidates

• Major (later referred to as P/Chief Inspector) Andres Sarmiento was not included by petitioner Andaya in the submitted list.
• The City Mayor, Alvin B. Garcia, insisted on including Major Andres Sarmiento in the list, arguing that his inclusion was in his interest.
• Petitioner Andaya refused to include Sarmiento, challenging his qualifications. His position was grounded on NAPOLCOM Memorandum Circular No. 95-04 dated January 12, 1995, which stipulated that one of the minimum qualifications for the chief of police was the completion of the Officers Senior Executive Course (OSEC) and holding the rank of Police Superintendent.

Filing of the Complaint and Actions of the Trial Court

• Due to the deadlock, on March 22, 1996, the City of Cebu filed a complaint for declaratory relief, with preliminary prohibitory and mandatory injunctions, as well as a temporary restraining order, against petitioners Andaya and Inciong, Regional Director, National Police Commission.
• On April 10, 1996, petitioners answered the complaint arguing that:
• The power to designate the chief of police was vested in the Regional Director of Regional Police Command No. 7.
• The City Mayor’s authority was limited to selecting one nominee from a list of five eligibles pre-recommended by the Regional Director.
• In cases of conflict, the resolution should be submitted to the Regional Director, National Police Commission, whose decision would be final and executory.
• On April 18, 1996, the trial court issued a writ of preliminary injunction against petitioner Andaya, restraining him from:
• Replacing C/Insp. Andres Sarmiento as Officer-in-Charge (OIC) Director or Chief of Police.
• Submitting a list of five candidates that did not include the name of Major Andres Sarmiento.

Trial Court Decision and Subsequent Motions

• On July 12, 1996, the trial court rendered a decision in favor of the City of Cebu, declaring:
• That P/C/Insp. Andres Sarmiento was qualified under Republic Act No. 6975 to be appointed as Chief Director or Chief of Police.
• That his name must be included in the list of five eligible candidates.
• That the writ of preliminary injunction be made permanent, thereby preventing any replacement or different list submission that omits Sarmiento.
• Petitioners later filed a motion for reconsideration on the ground that:
• Section 51 of Republic Act 6975 only empowered the mayor to select one nominee from the list provided by the Regional Director.
• The mayor's insistence on including his protégé was an overreach into the statutory functions of the Regional Director.
• The motion for reconsideration was denied on September 11, 1996, with the trial court ruling no new matters had been raised.
• Subsequently, the petition for review on certiorari was filed on a pure question of law.

Questions Raised Before the Supreme Court

• The central issue was whether the Mayor of Cebu City could require the Regional Director, Regional Police Command No. 7, to include the mayor’s preferred candidate (Major Andres Sarmiento) in the list of five eligible nominees for the position of chief of police.
• The petition challenged the interference of local executive power in what was deemed the sole prerogative of the Regional Director in compliance with the statutory framework.

Issue:

• Whether the City Mayor of Cebu City may insist on the inclusion of his preferred candidate, Major Andres Sarmiento, in the list of five eligible nominees to be recommended by the Regional Director, Regional Police Command No. 7, for the appointment of chief of police.
• Whether the actions of petitioners—refusing to include Sarmiento based on qualification standards set by NAPOLCOM Memorandum Circular No. 95-04—were consistent with the statutory framework under Republic Act No. 6975.
• Whether the trial court’s issuance of a preliminary injunction that effectively restrained the Regional Director from performing his statutory function contravened the law.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)