G.R. No. 96409 - Carpio vs. Executive Secretary

Article XVI, Section 6 of the 1987 Constitution mandates “one police force, national in scope and civilian in character, to be administered and controlled by a national police commission,” with local executive authority over police units to be provided by law.
Congress enacted Republic Act No. 6975 (“RA 6975”), reorganizing the Department of the Interior and Local Government (DILG) and creating the Philippine National Police (PNP) under a National Police Commission (NAPOLCOM). RA 6975 was approved on December 13, 1990, published December 17, 1990, and took effect January 1, 1991.

On December 20, 1990, petitioner Antonio M. Carpio, as citizen and taxpayer, filed a petition before the Supreme Court seeking declaration of RA 6975’s unconstitutionality and prayed for a temporary restraining order (TRO).
An En Banc resolution dated December 27, 1990 required respondents (Executive Secretary, Secretaries of Local Governments and National Defense, and the National Treasurer) to file comments but did not give due course to the petition or grant the TRO; accordingly, RA 6975 took effect after the statutorily mandated 15-day lapse post-publication.

Commonwealth Period: The Philippine Constabulary (PC) served as the nucleus of the Philippine Ground Force under the Department of the Interior.
Postwar Era: The PC remained the “National Police” under the Department of National Defense (DND) as part of the Armed Forces of the Philippines (AFP).
PD 765 (1979) and Integration Act of 1975: Merged the PC with local police to form the Integrated National Police (INP) under the Office of the President, eroding the INP’s civilian character, causing inefficiency and inequitable benefits compared to the military component.
1986 Constitutional Commission (CONCOM) Deliberations: Emphasized the need to separate police from military, leading to the inclusion of Article XVI, Section 6 in the 1987 Constitution to create a genuinely civilian national police force.

Does placing NAPOLCOM and the PNP under the DILG Secretary limit the Commission’s power of administration and control?
Do provisions deputizing local executives to choose PNP officers and exercise operational supervision usurp NAPOLCOM’s authority?
Does involvement of the Civil Service Commission (CSC) in PNP appointments and examinations, and of local bodies in discipline, dilute NAPOLCOM’s control?

Does Section 12, which provides a transitional role of the AFP in internal security for up to 48 months, constitute an abdication of the President’s Commander-in-Chief powers?

Does creation of an ad hoc “Special Oversight Committee” including legislators infringe on the President’s power of control over executive departments?