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 Presidents 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 executiv 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 pblication (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:
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 Department Secretary 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
abdiction by the President of, executive control and commander-in-chief powers

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.

2 Section 12. Relationship of the Department with the Department of National Defense. During a period of twentyfour (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.

That Sec. 84, especially the inclusion therein of some legislators as members is an
unconstitutional encroachment upo and a diminution of, the Presidents power of control
over all executive departments, bureaus and offices
Issue # 1: WON RA 6975 is unconstitutional
Ratio # 1:
History of Philippines 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
o PC was made part of the PGF but its administrative, supervisory and directional control
was handled by the then Department of the Interior
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 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

The National Police Commission (NAPOLCOM) exercised administrative control and supervision .
The local executives exercised operational supervision and direction over the INP units assigned
within their respective localities.
Result of the structure

The set-up whereby the INP was placed under the command of the military component, which is
the PC, severely eroded the INPs 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. 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

Carpios 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 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 and in person, 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 adjuntcs 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 prmomulgated in the regular course of business, are,
unless disapproved or reprobated by the Chief Executive presumptively the acts of the
Chief Executive.
o In short, the Presidents 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 executiv department

Hence, the circumstance that the NAPOLCOM and the PNP are places under the reogranized
Department of Interior and Local Government is merely an administrative realignment that would
bolster a system of coordination and cooperation among the citizenry, local executives and the
o

integrated law enforcement agencies and public safety agencies created under the RA.
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.

SC also found that full control remains with the NAPOLCOM

o The local executives are only acting as representatives of the NAPOLCOM. As such
deputies, they are answerable to the NAPOLCOM for their actions in the exercise of their
functions. Thus, unless countermanded by the NAPOLCOM, their acts are valid and
binding as acts of the NAPOLCOM.
o 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

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) underscore 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 Peoples Law Enforcement
Boards (PLEB) and city and municipal mayors is also not in derogation of the
Commissions 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.

SC also does not agree with Carpio that Sec. 12 constitutes an encroachment upon the Presidents
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.
o 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.
o 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-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)

As regards Sec. 84, SC held that there can bo no intereference with the Presidents power of
control because the Special Oversight Committee is simply an ad hoc or transitory body,
established and tasked solely with planning and overseeing the immediate trnsfer, merger, and/or
absorption into the DILG of the involved agencies.
o 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 dpartment, bureau or office is places under the
control or authority of the committee.

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.
o 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.
o The NAPOLCOM is different from these independent Commissions/office. NAPOLCOM is
not independent.
Disposition: Petition dismissed.