GR 126661; (December, 1999) (Digest)
G.R. No. 126661 December 3, 1999
JOSE S. ANDAYA and EDGARDO L. INCIONG, petitioners, vs. REGIONAL TRIAL COURT, Cebu City, Branch 20, and THE CITY OF CEBU, respondents.
FACTS
The position of City Director (Chief of Police) of the Cebu City Police Command became vacant. Petitioner Jose S. Andaya, as Regional Police Director, submitted a list of five eligible officers to the City Mayor for selection, as required by law. Mayor Alvin Garcia refused to choose from the list because it did not include P/Chief Inspector Andres Sarmiento, whom he favored. Andaya refused the mayor’s request to include Sarmiento, contending he was unqualified per NAPOLCOM Memorandum Circular No. 95-04, which required completion of the Officers Senior Executive Course (OSEC) and the rank of Police Superintendent for the position.
The City of Cebu filed a complaint for declaratory relief with injunction before the Regional Trial Court. The trial court ruled in favor of the City, declaring Sarmiento qualified under Republic Act No. 6975 and ordering Andaya to include his name in the list of five eligibles. It issued a permanent injunction preventing Andaya from replacing Sarmiento as OIC or submitting a list without him. Petitioners moved for reconsideration, arguing the mayor’s power is limited to choosing from the submitted list, not dictating its composition.
ISSUE
Whether the City Mayor may compel the Regional Police Director to include a specific officer in the list of five eligibles from which the mayor shall choose the Chief of Police.
RULING
The Supreme Court ruled in favor of the petitioners, reversing the trial court. The legal logic is anchored on the clear statutory framework of R.A. No. 6975 (The DILG Act of 1990). Section 51 of the law grants the mayor only the authority to select the chief of police from a list of five eligibles recommended by the Regional Police Director. The power to formulate the list is vested solely in the Regional Director. The mayor cannot superimpose his choice or mandate the inclusion of a specific officer.
This delineation of authority is designed to enhance police professionalism and insulate the police service from political influence. The National Police Commission (NAPOLCOM), through its validly issued Memorandum Circular No. 95-04, has the authority to prescribe additional qualification standards, such as the OSEC and rank requirement. The mayor’s role is limited; he acts merely as a deputized agent of the NAPOLCOM with a specific, circumscribed function. In case of a disagreement on the eligibles, the proper remedy is to elevate the issue to the Regional Director of the NAPOLCOM for resolution, not to seek judicial compulsion for inclusion. Thus, the trial court erred in granting the injunction and substituting its judgment for the statutory discretion of the Regional Police Director.