Citizen Antonio Carpio, petitioner vs

The Executive Secretary, The Secretary of Local Governments, The Secretary of National
Defense, and The National Treasurer, respondents

Paras, J.

February 14, 1992

Nature:Petition for review from the decision of the Executive Secretary

Summary: Petitioner Carpio assails the constitutionality of RA 6975 which established the PNP
and placed it under the DILG. Carpio mainly argues that the Act derogated the power of control
of the NAPOLCOM over the PNP by vesting different powers in the local officials. The SC upheld
the constitutionality of the act and clarified that there is no usurpation of the power of control
as the local executives merely act as representatives of the NAPOLCOM.

Doctrine:

 The President’s power of control is directly exercised by him over the members of the
Cabinet who, in turn, and by his authority, control the bureaus and other offices under
their respective jurisdictions in the executive department
 The President, as Commander-in-Chief, is not a member of the Armed Forces. He
remains a civilian whose duties under the Commander-in-Chief provision represent only
a part of the organic duties imposed upon him. All his other functions are clearly civil in
nature. His position as a civilian Commander-in-Chied is consistent with, and a
testament to, the constitutional principle that “civilian authority is, at all times, supreme
over the military.” (Art. II, Sec. 3, 1987 Constitution)
 (from the reviewer)
o Is this good law? As to the PNP structure, no. Now, the PNP is attached to DILG.
o “Operational supervision and control”
 day to day operations only; so it does not have to go to NAPOLCOM all
the time

Facts:

 Pursuant to Sec. 61, Art. XVI, 1987 Constitution, Congress passed RA 6975 entitled “An
Act Establishing the Philippine National Police under a Reorganized Department of the
Interior and Local Government, and for other purposes”.
o It was approved by President Corazon Aquino on December 13, 1990 and took
effect 15 days after publication (Jan. 1, 1991)
 Petitioner Carpio, as citizen, taxpayer, and member of the Philippine Bar sworn to
defend the Constitution, filed the present petition seeking the declaration of the
unconstitutionality of the said RA. The following are his arguments:

1
The State shall establish and maintain one police force, which shall be national in scope and civilian in character,
to be administered and controlled by a national police commission. The authority of local executives over the police
units in their jurisdiction shall be provided by law.
 o Carpio advances the view that RA 6975 emasculated the National Police
Commission by limiting its power “to administrative control” over the Philippine
National Police (PNP), thus, “control” remained with the DILG under whom both
the National Police Commission and the PNP were placed.
o That in manifest derogation of the power of control of the NAPOLCOM over the
PNP, RA 6975 vested the power to choose the PNP Provincial Director and the
Chiefs of Police in the Governors and Mayors, respectively.
o That Sec. 122 of RA 6975 constitutes an encroachment upon, interferences
with, and an abdication (failure to fulfill function) by the President of
executive control and commander-in-chief powers
o ***That Sec. 84, especially the inclusion therein of some legislators as members
is an unconstitutional encroachment upon and a diminution of, the President’s
power of control over all executive departments, bureaus and offices

Issue # 1: WON RA 6975 is unconstitutional

Ratio # 1:

History of Philippine’s police force and the reason for Sec. 6, Art. XVI, 1987 Constitution

 The structure – basically, police was under the military

 Commonwealth period – Philippine Constabulary (PC)
o PC is the nucleus of Philippine Ground Force (PGF) or what is now the AFP
 ***PC was made part of the PGF but its administrative, supervisory and
directional control was handled by the then DILG
o After the war, PC remained as the National Police under the Department of
National Defense (DND), as a major service component of the AFP
 Integration Act of 1975 created the Integrated National Police (INP)
o Partially civilian
o INP was under the Office of the President, with the PC as the nucleus, and the
local police forces as the civilian components
o PC-INP was headed by the PC Chief who, as concurrent Director-General of the
INP, exercised command functions over the INP
o The National Police Commission (NAPOLCOM) exercised administrative control
and supervision.

2
Section 12. Relationship of the Department with the Department of National Defense. – During a period of twenty-
four (24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall continue its present role
of preserving the internal and external security of the State: Provided, That said period may be extended by the President,
if he finds it justifiable, for another period not exceeding twenty-four (24) months, after which, the Department shall
automatically take over from the AFP the primary role of preserving internal security, leaving to the AFP its primary role of
preserving external security. However, even after the Department has assumed primary responsibility on matters
affecting internal security, including the suppression of insurgency, and there are serious threats to national security
and public order, such as where insurgents have gained considerable foothold in the community thereby necessitating
the employment of bigger tactical forces and the utilization of higher caliber armaments and better armored vehicles, the
President may, upon recommendation of the peace and order council, call upon the Armed Forces of the
Philippines to assume the primary role and the Philippine National Police (PNP) to play the supportive role in the
area concerned.
In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology shall, upon direction of the President, assist the Armed Forces of the Philippines in
meeting the national emergency.
The complementary relationship between the Department of the Interior and Local Government and the Department of
National Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a
memorandum of agreement that shall thereafter be published and implemented.
  The local executives exercised operational supervision and direction over the INP units
assigned within their respective localities.

Result of the structure after Integration Act

 The set-up whereby the INP was placed under the command of the military component,
which is the PC, severely eroded the INP’s civilian character and the multiplicity in the
governance of the PC-INP resulted in inefficient police service.
 The integration of the national police forces with the PC also resulted in inequities since
the military component had superior benefits and privileges
 Hence, the goal of the Constitutional Commission of 1986 was to remove the modern
police from the military.
o The Commission made a postulate that the military cannot occupy any civil
service position.
 As a result, the “one police force, national in scope, and civilian in character” provision
was set in Sec. 6, Art. XVI, 1987 Constitution

On the Constitutionality of RA 6975

 RE. CONSTITUTIONALITY: Carpio’s contention cannot be accepted based on the

accepted principle in Constitutional Law that the President has control of all executive
departments, bureaus, and offices.
o Presidential power not derogated.
o This presidential power means the power of the President to alter or modify or
nullify or set aside what a subordinate officer had done in the performance of
his duties and to substitute the judgment of the former with that of the latter
 Also, the Doctrine of Qualified Political Agency supports the constitutionality of the RA
o The said doctrine is based on the fact that as the president cannot be expected
to exercise his control powers all at the same time
 he will have to delegate some of them to his Cabinet members.
o Under this doctrine, which recognizes the establishment of a single executive,
all executive and administrative organizations are adjuncts of the Executive
Department
 the heads of the various executive departments are assistants and
agents of the Chief Executive, and, except in cases where the Chief
Executive is required by the Constitution or law to act in person on the
exigencies of the situation demand that he act personally, the
multifarious executive and administrative functions of the Chief
Executive are performed by and through the executive departments,
and the acts of the Secretaries of such departments, performed and
promulgated in the regular course of business are acts of the Chief
Executive, unless disapproved or reprobated by the Chief Executive.
o In short, the President’s power of control is directly exercised by him over the
members of the Cabinet who, in turn, and by his authority, control the
bureaus and other offices under their respective jurisdictions in the executive
department
 Hence, the circumstance that the NAPOLCOM and the PNP are placed under the re-
organized Department of Interior and Local Government is merely an administrative
realignment
o bolster a system of coordination and cooperation among the citizenry, local
executives and the integrated law enforcement agencies and public safety
agencies created under the RA.
 RE: CHOOSING OFFICIAL: Also, it is important to note that the local officials will choose
the officers concerned from a list of eligibles (those who meet the general
qualifications for appointment to the PNP) to be recommended by PNP officials
o As regards the assertion involving the Civil Service Commission, the provisions in
question (concerning the appointment of PNP officers and Members – the
appointment and examination are subject to the Civil Service Commission)
emphasizes the civilian character of the national police force, and will
undoubtedly professionalize the same
o The grant of disciplinary powers over PNP members to the People’s Law
Enforcement Boards (PLEB) and city and municipal mayors is also not in
derogation of the Commission’s power of control over the PNP
 The Commission still exercises appellate jurisdiction over the PLEB. It is also the
Commission which shll issue the implementing guidelines and procedures to be adopted
by the PLEB.
 RE. NAPOLCOM DEROGATION: Consequently, the set-up laid down in the RA does not
detract from the Constitutional mandate that the national police force shall be
administered and controlled by a national police commission.
o Full control remains with the NAPOLCOM
o The local executives are only acting as representatives of the NAPOLCOM.
o As such deputies, they are answerable to the NAPOLCOM for their actions in
the exercise of their functions.
o Thus, unless countermanded by the NAPOLCOM, their acts are valid and
binding as acts of the NAPOLCOM.
 RE. PRES COMMANDER POWERS: SC also does not agree with Carpio that Sec. 12
constitutes an encroachment upon the President’s commander-in-chief powers
o Sec. 12 enforces the proposition that the national police force does not fall
under the Commander-in-Chief powers of the President.
 The police force is not integrated with the military and is not part of
the AFP.
 Hence, as a civilian agency of the government, it properly comes within,
and is subject to, the exercise by the President of the power of
executive control.
 Sec. 12 simply provides for the transition period or process during
which the national police would gradually assume the civilian function
of safeguarding the internal security of the State.
 SC also reiterated that the President, as Commander-in-Chief, is not a
member of the Armed Forces. He remains a civilian whose duties
under the Commander-in-Chief provision represent only a part of the
organic duties imposed upon him. All his other functions are clearly civil
in nature. His position as a civilian Commander-in-Chief is consistent
with, and a testament to, the constitutional principle that “civilian
 authority is, at all times, supreme over the military.” (Art. II, Sec. 3, 1987
Constitution)
o As regards Sec. 84, SC held that there can bo no intereference with the
President’s power of control
 Special Oversight Committee is simply an ad hoc or transitory body,
established and tasked solely with planning and overseeing the
immediate transfer, merger, and/or absorption into the DILG of the
involved agencies.
 As an ad hoc body, its creation and the functions it exercises, decidedly
do not constitute an encroachment and in diminution of the power of
control which properly belongs to the President. What is more, no
executive department, bureau or office is placed under the control or
authority of the committee.
o SC also pointed out that under the Constitution, there are independent
Constitutional Commissions namely: The Civil Service Commission, Commission
on Audit, and the Commission on Elections.
 Further, there is also an independent office called the Commission on
Human Rights.
 These independent Commissions and office perform functions and
must be protected from external influences and political pressures.
Hence, they were made independent and not under any department of
the government. Certainly, they are not under the control of the
President.
 The NAPOLCOM is different from these independent
Commissions/office. NAPOLCOM is not independent.

Disposition: Petition dismissed.