FACTS: The petitioner argues that the order of the President for the Philippine National Police and

the Philippine Marines to carry out joint visibility patrols to prevent and restrain crime, violated the prohibition on the appointment of the members of the Armed Forces who are in active service to civilian positions. HELD: The SC held that there was actually no appointment of the members of the Armed Forces to civilian positions. The members of the Philippine Marines were not integrated as members of the PNP. The participation of the Chief of Staff in civilian law enforcement does not mean that he was appointed to a civilian post, since the head of the PNP is the one actually vested with authority in these operations. Facts: At bar is a special civil action for certiorari and prohibition with prayer for issuance of a temporary restraining order seeking to nullity on constitutional grounds the order of President Joseph Ejercito Estrada commanding the deployment of the Philippine Marines (the Marines) to join the Philippine National Police (the "PNP") in visibility patrols around the metropolis. Formulated Letter of Instruction 02/2000 1 (the "LOI") which detailed the manner by which the joint visibility patrols, called Task Force Tulungan, would be conducted. 2 Task Force Tulungan was placed under the leadership of the Police Chief of Metro Manila through a sustained street patrolling to minimize or eradicate all forms of high-profile crimes especially those perpetrated by organized crime syndicates whose members include those that are well-trained, disciplined and well-armed active or former PNP/Military personnel. Issue: 1. Whether the deployment of soldiers for law enforcement is in derogation of Article 2, Section 3 of the Constitution; 2. Whether the deployment constitutes incursion in a civilian function of law enforcement; 3. Whether the deployment creates a dangerous tendency to rely on the military to perform civilian functions of the government 4. Whether the deployment gives more power to the military than what it should be under the Constitution. The issues raised in the present petition are: (1) Whether or not petitioner has legal standing; (2) Whether or not the President's factual determination of the necessity of calling the armed forces is subject to judicial review, and, (3) Whether or not the calling of the armed forces to assist the PNP in joint visibility patrols violates the constitutional provisions on civilian supremacy over the military and the civilian character of the PNP. Held: WHEREFORE, premises considered, the petition is hereby DISMISSED. SO ORDERED. Ratio: The question of deployment of the Marines is not proper for judicial scrutiny since the same involves a political question; that the organization and conduct of police visibility patrols, which feature the team-up of one police officer and one Philippine Marine soldier, does not violate the civilian supremacy clause in the Constitution.