 Section 3, Article II, The 1987

Philippine Constitution.
Civilian authority is, at all
times, superior over the
military. The Armed Forces
of the Philippines is the
protector of the people and
the State. Its goal is to
secure the sovereignty of
the State and the integrity of
the national territory.
Civilian Supremacy
pertains to the
submission of the military
to civilian authority.
It is embodied in the role
of the President – a
civilian – as the
Commander-in- Chief of
the Armed Forces.
*Civilian Supremacy
according to Fr. Bernas is
“not a guaranteed
supremacy of civilian
officers who are in power
but of the supremacy of
the sovereign people.”
The Armed Forces is…
The protector of the
people and the State.
It is mandated to
secure the sovereignty
of the State and the
integrity of the
national territory.
 Section 6, Article XVI, The
1987 Philippine Constitution.
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.
One police force is provided
under the Constitution since
before its adoption there were
two police forces a.) the
municipal and city police force
and the b.) Philippine
Constabulary.
 The Philippine Constabulary is both a part
of the Armed Forces and the National
Police Force.
 The Constitution also prescribes that
the police force should be civilian in
nature.
 Control over the Police is also shared
between the NAPOLCOM and the LGU.
 LGU – day-to-day functions of the
police or the operational supervision
or control.
 NAPOLCOM – administrative control
or when the local police force cannot
cope with the local situation.
 The President also exercises control
over the Police through DILG and the
NAPOLCOM by his power of executive
control . (in accordance with RA 6975)
 Section 24, Article XVIII, The
1987 Philippine Constitution.
Private armies and other
armed groups not recognized
by duly constituted authority
shall be dismantled. All
paramilitary forces including
Civilian Home Defense Forces
not consistent with the citizen
armed forces established in
this Constitution, shall be
dissolved or, where
appropriate, converted into
the regular force.
In this case the Supreme Court
held that the memorandum of
agreement between Gov. Tan,
the Armed Forces of the
Philippines (AFP) and the
Philippine National Police (PNP)
which enabled the creation and
organization of the Civilian
Emergency Force (CEF) – an
armed group of men culled from
the supporter of political
personalities from Sulu - which
will be deployed around Patikul
as Unconstitutional.
It also declared the
proclamation (Proclamation
No. 1) made by Gov. Tan as
Unconstitutional.
Both of these where
declared unconstitutional
based on Grave Abuse of
Discretion Amounting to
Lack or Excess of
Jurisdiction.
In order to reach this
decision the Court first
discussed the
Commander-in-Chief
powers, the power and
control over the police
force and the existence
of private armed groups.
 The Commander-in-Chief Powers
and the case of Fleming v. Page 9
How 603, 615 U.S. (1850)
 The Court in its decision cited the
case of Fleming v. Page 9 How 603,
615 U.S. (1850) wherein it is said
that the Commander-in-Chief is
given the power to direct, command
and employ the military forces of
the State.
 As stated in our Constitution the
Commander-in-Chief powers is
solely vested upon the President.
Thus only the President is allowed
to exercise the power to direct,
command and employ the military
forces of the State.
The supervision and control
over the Police Force and the
case of Citizen Carpio v. The
Executive Secretary (G.R. No.
96409, February 14, 1992)
 The Court in its decision restated
what they have already said in their
decision on the case of Citizen
Carpio v. The Executive Secretary
where they said that the President
through the National Police
Commission has supervision and
control over the police force in
accordance with the power of
executive control.
 The supervision and control
over the Police Force and the
case of Citizen Carpio v. The
Executive Secretary (G.R. No.
96409, February 14, 1992)
 The court in its decision of in case of
Carpio where the Constitutionality of
RA 6975 is being assailed the Court
delineated the control exercised by the
LGUs’ and the NAPOLCOM.
 LGU – day-to-day functions of the
police or the operational supervision
or control.
 NAPOLCOM – administrative control
or when the local police force
cannot cope with the local situation.