G.R. No. L-29658 November 29, 1968
ENRIQUE V. MORALES, petitioner, vs. ABELARDO SUBIDO, as Commissioner of Civil Service, respondent.

FACTS

Petitioner Enrique V. Morales began his career in the Manila Police Department (MPD) in 1934 as a patrolman and rose to become Chief of the Detective Bureau with the rank of Lieutenant Colonel. Upon the resignation of the Chief of Police of Manila on March 14, 1968, Morales was designated Acting Chief of Police and given a provisional appointment to the same position by the Mayor of Manila. Respondent Civil Service Commissioner Abelardo Subido approved the designation but rejected the provisional appointment because Morales failed to meet the minimum educational and civil service eligibility requirements for the position. The Commissioner certified other persons as qualified and called attention to the need to fill the vacancy. Morales demanded to be included in the list of eligible and qualified applicants, contending that his service as a captain (and higher ranks) in the MPD for more than three years alone qualified him for appointment as Chief of Police under Section 10 of the Police Act of 1966 (Republic Act 4864). The Commissioner refused to reconsider, leading Morales to file a petition for mandamus to compel his inclusion in the list.

ISSUE

Whether a person who has served in the police department of a city with the rank of captain or its equivalent for at least three years, but does not possess a bachelor’s degree, is qualified for appointment as chief of police under Section 10 of the Police Act of 1966.

RULING

No. The Supreme Court denied the petition. The Court held that Section 10 of the Police Act of 1966 requires both educational and service qualifications for appointment as chief of a city police agency. The provision must be read as setting forth four distinct classes of qualified persons, each requiring a combination of attributes. For the first three classes, the appointee must hold a bachelor’s degree AND meet one of the specified service conditions: (1) service in the Armed Forces of the Philippines or the National Bureau of Investigation; OR (2) service as chief of police with exemplary record; OR (3) service in a city police department with the rank of captain or its equivalent for at least three years. The fourth class is an alternative for a high school graduate who has served as an officer in the Armed Forces for at least eight years with the rank of captain and/or higher. Since petitioner Enrique V. Morales did not possess a bachelor’s degree, he did not meet the minimum educational qualification under the first three classes, and he did not claim qualification under the fourth class. The Court found the law’s meaning clear from its text and legislative history, which indicated an intent to require a college degree for professionalization, except for a specific alternative path for high school graduates with extensive military service. The provisional appointment clause in Section 10 further reinforces that the educational qualification is indispensable even when a non-eligible is appointed provisionally.