Case Digest (G.R. No. 96409)
Facts:
Citizen J. Antonio M. Carpio v. The Executive Secretary, The Secretary of Local Governments, The Secretary of National Defense, and The National Treasurer, G.R. No. 96409, February 14, 1992, Supreme Court En Banc, Paras, J., writing for the Court.
Petitioner Citizen J. Antonio M. Carpio (a citizen, taxpayer and member of the Philippine Bar) filed a petition with this Court on December 20, 1990 seeking a declaration that Republic Act No. 6975 (the Act creating the reorganized Department of the Interior and Local Government and establishing the Philippine National Police) was unconstitutional; he also prayed for a temporary restraining order. RA 6975 had been approved by the President on December 13, 1990 and published December 17, 1990, and by its own terms took effect fifteen days after publication (i.e., January 1, 1991).
By an en banc resolution dated December 27, 1990 the Court required the public respondents to file comments but did not give due course to the petition and its prayer prior to the Act’s effective date. The petition challenged multiple features of RA 6975, principally that the statute emasculated the National Police Commission (NAPOLCOM) by limiting it to “administrative control” while vesting effective control with the Department Secretary and other entities; petitioner also attacked provisions authorizing participation by local executives in personnel selection and disciplinary processes, the role of the Civil Service Commission and local People’s Law Enforcement Boards (PLEBs), Section 12’s transition arrangement vis-à-vis the Armed Forces of the Philippines (AFP), and Section 84’s creation of a Special Oversight Committee including legislators.
The Court, after summarizing the constitutional background (Article XVI, Section 6 – “one police force, national in scope and civilian in character, to be administered and controlled by a national police commission”), the historical development of the police (Philippine Constabulary, Integrated National Police, earlier NAPOLCOM placements), and considering legislative history (CONCOM deliberations) and respondents’ comments (including th...(Subscriber-Only)
Issues:
- Does RA 6975 unconstitutionally limit the power of the National Police Commission by reducing its role to “administrative control” while placing effective control of the Philippine National Police under the Department Secretary and other executive or local officials?
- Do provisions of RA 6975 that deputize local executives to participate in appointing police chiefs and directors, vest disciplinary functions in PLEBs and local mayors, and involve the Civil Service Commission in appointments, violate Article XVI, Section 6’s mandate that a national police force be “administered and controlled by a national police commission”?
- Does Section 12 of RA 6975, which provides for a transitional arrangement with the AFP handling internal security for up to twenty-four months (extendable), constitute an unconstitutional abdication of the President’s commander-in-chief or executive control powers?
- Does Section 84’s creation of a Special Oversight Committee involving legis...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)