GR 96409; (February, 1992) (Digest)
G.R. No. 96409 February 14, 1992
CITIZEN J. ANTONIO M. CARPIO, petitioner, vs. THE EXECUTIVE SECRETARY, THE SECRETARY OF LOCAL GOVERNMENTS, THE SECRETARY OF NATIONAL DEFENSE and THE NATIONAL TREASURER, respondents.
FACTS
Petitioner J. Antonio M. Carpio, as a citizen, taxpayer, and member of the Philippine Bar, filed a petition for prohibition seeking to declare Republic Act No. 6975 , or the Department of the Interior and Local Government Act of 1990, unconstitutional. The law established the Philippine National Police (PNP) under a reorganized Department of the Interior and Local Government (DILG). Petitioner contended that the statute violated Article XVI, Section 6 of the 1987 Constitution , which mandates a national police force that is “civilian in character” and to be “administered and controlled by a national police commission.” He argued that by placing both the National Police Commission (NAPOLCOM) and the PNP under the DILG Secretary, the law effectively retained “control” with the Department Secretary, thereby emasculating NAPOLCOM’s constitutional mandate of control.
The historical context reveals the Constitutional Commission’s intent to reform the police force. Prior setups, particularly the Integrated National Police (INP) with the Philippine Constabulary (PC) as its nucleus under military command, were seen as eroding civilian character and causing inefficiency. The 1987 Constitution ’s provision was designed to separate the police from the military, ensure its civilian nature, and place it under a single, civilian administrative control to foster professionalism.
ISSUE
Whether or not Republic Act No. 6975 is unconstitutional for allegedly violating the provision that the national police force should be “administered and controlled by a national police commission” by placing the NAPOLCOM and the PNP under the administrative supervision of the DILG Secretary.
RULING
The Supreme Court dismissed the petition and upheld the constitutionality of R.A. No. 6975 . The Court explained that the President, as Chief Executive, holds the power of control over all executive departments, bureaus, and offices. This power, inherent in the presidency, includes the authority to alter, modify, or set aside the actions of subordinate officers. The Doctrine of Qualified Political Agency further establishes that department secretaries act as assistants and agents of the President; their acts, performed in the regular course of business, are presumptively the acts of the President unless disapproved.
Placing the NAPOLCOM and the PNP under the DILG is consistent with this executive structure. The law grants NAPOLCOM “administrative control” over the PNP, which includes policy-making, promulgation of police standards, and administrative disciplinary powers. This setup does not diminish the commission’s role but places it within the recognized hierarchical framework of the Executive Department. The constitutional requirement for the police to be “administered and controlled” by NAPOLCOM is satisfied as the commission exercises substantive powers of administration and oversight. The law’s architecture ensures civilian character by removing the police from military structure and command, fulfilling the primary constitutional objective identified in the deliberations of the Constitutional Commission.