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

Case Summary (G.R. No. 96409)

Key Dates

– December 13, 1990: RA 6975 approved by the President
– December 17, 1990: RA 6975 published
– January 1, 1991: RA 6975 took effect (15 days after publication)
– December 20, 1990: Petition for declaration of unconstitutionality filed
– February 14, 1992: En banc decision rendered

Applicable Law

– 1987 Constitution, Article XVI, Section 6: “one police force, … national in scope and civilian in character, … administered and controlled by a national police commission”
– Republic Act No. 6975: Establishing the Philippine National Police under a reorganized Department of the Interior and Local Government

Historical Evolution of the Philippine Police

– Commonwealth Period: Philippine Constabulary (PC) as nucleus of the Ground Force; PC under Department of the Interior
– Post-war: PC became “National Police” under Department of National Defense and served as major AFP component
– 1975 Integration Act: Creation of Integrated National Police (INP) under the Office of the President, PC as nucleus, local police as civilian components; NAPOLCOM exercised administrative control, local executives operational supervision
– Identified defects: erosion of civilian character, multiplicity of control, inequities in benefits, inefficiency

Petitioner’s Main Contentions

RA 6975 emasculates NAPOLCOM by limiting its power to “administrative control” and vesting “control” in the Department Secretary.
Unauthorized transfer of operational control to local executives who choose certain PNP officers.
Civil Service Commission’s role in appointments encroaches on NAPOLCOM authority.
Disciplinary powers given to mayoral PLEBs dilute commission control.
Section 12’s transition of internal security role from AFP to DILG infringes on Commander-in-Chief powers.
Creation of a Special Oversight Committee with legislators encroaches on executive control.

Presidential Control and Doctrine of Qualified Political Agency

– The President’s power under Article VII, Section 17 extends to all executive departments, from Cabinet Secretaries to clerks.
– “Doctrine of Qualified Political Agency”: Cabinet Secretaries act as delegated agents; their acts presumptively carry out presidential control unless reversed.
– Placing NAPOLCOM and PNP under DILG is administrative realignment; NAPOLCOM retains statutory administration and control via detailed powers (e.g., approving training, appellate jurisdiction over disciplinary actions).

Participation of Local Executives

– Article XVI, Section 6 allows local executive authority “provided by law”
– RA 6975, Section 51: Governors and Mayors deputized as NAPOLCOM representatives to choose provincial directors and police chiefs from lists of eligibles recommended by PNP regional/provincial offices
– Their acts bind the Commission unless countermanded; local executives exercise operational supervision as intended by the constitutional framers to avoid abuses of unfettered local control

Role of the Civil Service Commission

– Section 31: CSC attests appointments of Police Officer I through Deputy Director-General, ensuring civilian standards and professionalization
– Section 32: CSC administers qualifying entrance exams based on NAPOLCOM standards
– These provisions underscore civilian character and professional integrity of the PNP

Disciplinary Mechanisms and People’s Law Enforcement Boards

– City/Municipal PLEBs and mayors may discipline erring officers; NAPOLCOM retains appellate jurisdiction through regional appellate boards (Section 20[c])
– NAPOLCOM issues implementing rules and may assign hearing officers to PLEBs (Section 43[d][4–5])
– PLEBs serve as citizen-complaint bodies, reinforcing professionalism without undermining NAPOLCOM control

Transition Period and Commander-in-Chief Powers

– Section 12: Twenty-four-month (extendible) transition of internal security role from AFP to DILG
– The Commission on the Constitutional Commission

Case Syllabus (G.R. No. 96409)

Constitutional Provision at Issue

Article XVI, Section 6, 1987 Constitution: “The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.”
Core controversy: whether RA 6975 complies with the mandate to vest administration and control of the national police in an independent police commission.

Legislative Enactment: Republic Act No. 6975

Enacted as “AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES.”
Consolidated from House Bill No. 23614 and Senate Bill No. 463.
Approved by President Corazon C. Aquino on December 13, 1990; published December 17, 1990; became effective January 1, 1991 (fifteen days after publication).

Background and Procedural History

Petitioner, as citizen, taxpayer, and member of the Philippine Bar, filed a petition on December 20, 1990 seeking:
- Declaration of unconstitutionality of RA 6975.
- Prayer for temporary restraining order.
December 27, 1990 en banc resolution: respondents directed to file Comment; petition not given due course.
Act took effect January 1, 1991; petitioner sought judicial relief post-effectivity.

Historical Evolution of the Philippine Police Force

Commonwealth period: Philippine Constabulary (PC) as nucleus of Philippine Ground Force under Department of the Interior.
Post-war: PC remained “National Police” under Department of National Defense as AFP component.
Integration Act of 1975 (PD 765): created Integrated National Police (INP) under Office of the President with PC as nucleus and local forces as civilian components.
NAPOLCOM under RA 4864 (Office of the President) exercised administrative control; local executives had operational supervision.
Criticisms: military command eroded civilian character; multiplicity of control led to inefficiency and privilege inequities.

Constitutional Commission Deliberations and Policy Rationale

Com. Teodulo C. Natividad emphasized removal of police from military control to develop a professional civilian police.
Universal acceptance: policing is a civilian public service.
Draft Constitution postulate: military cannot occupy civil service positions (now Art. XVI, Sec. 5(4)).
Resulting in mandatory “one police force, national in scope, and civilian in character” (Art. XVI, Sec. 6).

Petitioner’s Main Contentions

RA 6975 emasculated NAPOLCOM by limiting its power to “administrative control” while vesting actual control in the Department Secretary.
Local executives given power to choose PNP Provincial Directors and city/municipal Chiefs of Police.
Civil Service Commission’s role in appointment and examination processes encroached on NAPOLCOM.
Grant of disciplinary jurisdiction to People’s Law Enforcement Boards (PLEBs) and local mayors undermined NAPOLCOM’s control.
Section 12’s twenty-four-month transition grants AFP internal-security role at expense of civ