G.R. No. L-29707 - Ruiz vs. Carreon

The central issue is whether a Chief of Police, appointed by the President, can be suspended or removed by a City Mayor after the enactment of the Police Act of 1966.
The ruling establishes that the authority to suspend or remove the Chief of Police remains with the President, as per Section 3 Rule XIII of the Police Manual and Section 8 of Republic Act No. 4864.
The President retains this authority because the Chief of Police was appointed by the President and confirmed by the Commission on Appointments.

Section 3 of Rule XIII of the Police Manual, while not part of Republic Act No. 4864, serves as the official interpretation of the Police Act by the Police Commission.
This interpretation is given significant weight in legal proceedings and should be respected unless it is clearly erroneous.
The courts are expected to uphold this interpretation, reinforcing the President's authority over the suspension and removal of the Chief of Police.

The power of City Mayors to suspend or remove presidential appointees conflicts with the President's constitutional power of general supervision over local governments.
Allowing Mayors to suspend presidential appointees could undermine the President's authority, enabling Mayors to manipulate the appointment process through unfounded criminal charges.
This potential for abuse highlights the need for a clear delineation of powers between the President and local officials.

Petitioner Petronilo L. Ruiz was appointed Chief of Police of Dapitan City by the President and confirmed by the Commission on Appointments.
Following a criminal charge against him, the City Mayor suspended Ruiz, leading to a quo warranto proceeding initiated by Ruiz against the Mayor and the Officer-In-Charge.
The Court of First Instance ruled in favor of Ruiz, nullifying the suspension and affirming his right to his position.

The legal framework governing the appointment and removal of local officials, including the Chief of Police, is established by Republic Act No. 3811 and subsequent acts.
Republic Act No. 4864 transferred the power to appoint local police chiefs to City Mayors effective January 1, 1968, but included provisions protecting the tenure of incumbents.
The Decentralization Act of 1967 further clarified the appointment powers of City Mayors, but did not retroactively affect those already appointed by the President.

The Police Manual's Section 3 explicitly states that Chiefs of Police appointed by the President retain their status and can only be suspended or removed by the President.
This provision was included to pr...continue reading