G.R. No. 107369 - Manalo vs. Sistoza

JESULITO A. MANALO, PETITIONER, filed an original petition for prohibition under Rule 65 of the Revised Rules of Court, styled as a taxpayer suit, challenging certain permanent appointments and related disbursements.
PEDRO G. SISTOZA, REGINO ARO III, NICASIO MA. CUSTODIO, GUILLERMO DOMONDON, RAYMUNDO L. LOGAN, WILFREDO R. REOTUTAR, FELINO C. PACHECO, JR., RUBEN J. CRUZ, GERONIMO B. VALDERRAMA, MERARDO G. ABAYA, EVERLINO B. NARTATEZ, ENRIQUE T. BULAN, PEDRO J. NAVARRO, DOMINADOR M. MANGUBAT, RODOLFO M. GARCIA AND HONORABLE SALVADOR M. ENRIQUEZ II IN HIS CAPACITY AS SECRETARY OF BUDGET AND MANAGEMENT, RESPONDENTS were impleaded, the latter for authorizing and effecting disbursements for salaries and emoluments.

Republic Act 6975 (Department of Interior and Local Government Act of 1990) was signed into law on December 13, 1990.
Section 26 of Republic Act 6975 vested command of the PNP in the Chief of the PNP, provided for appointment of the Chief by the President "from among the senior officers down to the rank of the chief superintendent, subject to confirmation by the Commission on Appointments," and fixed a tour of duty not to exceed four years.
Section 31 of Republic Act 6975 prescribed appointment procedures for PNP ranks and provided that appointments from Senior Superintendent to Deputy Director General and Director General were "Appointed by the President ... subject to confirmation by the Commission on Appointments."

On March 10, 1992, the President, through Executive Secretary Franklin M. Drilon, promoted fifteen respondent police officers to ranks ranging from Chief Superintendent to Director.
The promoted officers and their ranks included: Chief Supt. PEDRO G. SISTOZA (Director); Chief Supt. REGINO ARO III (Director); Chief Supt. NICASIO MA. CUSTODIO (Director); Chief Supt. GUILLERMO DOMONDON (Director); Chief Supt. RAYMUNDO L. LOGAN (Director); Senior Supt. WILFREDO REOTUTAR (Chief Superintendent); Senior Supt. FELINO C. PACHECO, JR. (Chief Superintendent); Senior Supt. RUBEN J. CRUZ (Chief Superintendent); Senior Supt. GERONIMO B. VALDERRAMA (Chief Superintendent); Senior Supt. MERARDO G. ABAYA (Chief Superintendent); Senior Supt. EVERLINO NARTATEZ (Chief Superintendent); Senior Supt. ENRIQUE T. BULAN (Chief Superintendent); Senior Supt. PEDRO J. NAVARRO (Chief Superintendent); Senior Supt. DOMINADOR MANGUBAT (Chief Superintendent); Senior Supt. RODOLFO M. GARCIA (Chief Superintendent).
The appointments were in a permanent capacity. Their letters of appointment directed that they qualify and perform duties and furnish copies of their oath of office to the issuing office and the Civil Service Commission.
The appointees took their oaths and assumed office without having their names submitted to the Commission on Appointments for confirmation.
The Department of Budget and Manag...(Subscriber-Only)

Whether Sections 26 and 31 of Republic Act 6975 are constitutional insofar as they empower the Commission on Appointments to confirm appointments of PNP officers from Senior Superintendent to Director.

Whether the appointments of the respondent police officers fell within the class of presidential appointees that require confirmation under Section 16, Article VII of the 1987 Constitution.