Morales v Subido, 1968

Petition for Certiorari: DENIED.

Issue: Whether or not a person who has served as captain in the police department of a city for at least
three years but does not possess a bachelors degree, is qualified for appointment as chief of police

Contended Basis (originally in paragraph form but structured in bullet form by Petitioner):
Section 10 of the Police Act of 1966
NO PERSON may be appointed chief of a city police agency unless HE
(1) holds a bachelor's degree from a recognized institution of learning AND has served in the Armed
Forces of the Philippines OR the National Bureau of Investigation, OR
(2) has served as chief of police with exemplary record, OR
(3) has served in the police department of any city with the rank of captain or its equivalent therein for
at least three years; OR
(4) any high school graduate who has served as officer in the Armed Forces for at least eight years with
the rank of captain and/or higher.

Petitioner Morales credentials: Served successively as captain, major, and lieutenant colonel in the MPD
since 1954. He argues he is in the third category.

Petitioners Arguments:
1. His service in the police department compensates for his not having a bachelors degree.
Supports this argument by, through analogy, citing section 9 which allows non civil service
examination passers as members so long as they have served for at least five years.
SC Rebuttal: Membership is a far cry from Chief of Police appointment. Moreover, citing last
paragraph of section 10, SC proves that educational qualification is necessary.
2. Comparing first category and all other categories in section 10, it seems one who serves one
month in the AFP or NBI is equivalent to everyone else in the other categories. Why? Because
this person (in first category) holds a bachelors degree. Therefore, not having a bachelors
degree can be compensated by service.
SC Rebuttal: This ambiguity means nothing. If this logic is to be followed, then it must follow that
one who is in the third category can even dispense with the necessity of having a high school
degree. SC went through the trouble of reexamining the process by which RA 4864 came to be
enacted and found that the earlier version would never even admit a high-school only graduate
even if this person has served in the AFP or NBI. The issue of deleting the educational requisite was
discussed but it never came into any semblance of fruition.
3. He holds an A.A. degree (Associate Degree for two year courses), and has completed two years
of law school. He was also awarded three Presidential Awards and given the Congressional
Commendation which is the highest award conferred to the Manila Police Department. That
should compensate for his lack of a bachelors degree or his lack of service in the AFP or NBI.
SC Rebuttal: As nice as that sounds, the law is the law. Take it up with Congress.