Manalo vs.

Sistoza
Gr. No. 107369
August 11, 1999
Purisima, J.

TOPIC: PHILIPPINE NATIONAL POLICE

Case: Special Civil Action in the SC. Prohibition under Rule 65 of the Revised Rules of Court. Legality of the permanent
appointments issued by President Cory Aquino.

FACTS:
December 13, 1990, Republic Act 6975 creating the Department of Interior and Local Government.
Sec 26 of RA 6975, - Powers, Functions and Term of Office of the PNP Chief
o The Chief of the PNP shall be appointed by the President from among the senior officers down to the
rank of the chief superintendent, subject to confirmation by the Commission of Audit. Chief of PNP
serve a term of officer not exceed 4 years unless at times of war President may extend such term.
On March 10 1992, President Cory through Executive secretary Drilon, promoted 15 police officers for positions
in the PNP with rank of Chief Superintendent to Director
Appointments of police officers were in permanent capacity
Their names were not submitted to Commission of Appointments
Department of Budget and Management, Secretary Enriquez, authorized disbursement of their salaries and
emolument
October 21, 1992, Manalo filed a petition for prohibition, as tax payer suit, to assail the legality of subject
appointments and disbursement.
Petitioner contends:
o Respondent officers assumed their positions despite the failure to secure the required confirmation of
the Commission on Appointments:
RA 6975 is a valid law requiring confirmation of the appointments of officers from rank of
senior superintendent and higher by the Commission of Appointments
PNP is akin to Armed Forces where the Constitution specifically requires confirmation by the
Commission of Appointments
Secretary of Budget and Management effecting disbursements gravely abuse its discretion
despite unconstitutionality and illegality of appointments.

ISSUE: Whether or not the Philippine National Police is akin to Armed Forces, which would require confirmation by
the Commission on Appointments?

HELD: NO.

Sec 16, Art VII of the 1987 Constitution provides the four groups of officers of the government to be appointed
by the President
1. With the Consent of the Commission on Appointments, Heads of executive departments,
ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel
or naval captain,
2. All other officers of the Government whose appointments are not otherwise provided by the law
3. Those whom the President may be authorized by law to appoint
4. Officers lower in rank whose appointments the Congress by law vests in the President.
The Philippine National Police is a separate and distinct from Armed Forces.
Sect 4 Art. XVI of the 1987 Constitution:
Armed Forces of the Philippines shall be composed of the Citizens armed force, which shall undergo
military training and service, as may be provided by law. It shall keep a regular fore necessary for the
security of the State.
Sec 6 Article XVI of the 1987 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.
To distinguish the two RA 6975 states:
 Section 2. Declaration of policyIt is hereby declared to be the policy of the State to promote peace
and order, ensure public safety and further strengthen local government capability aimed towards the
effective delivery of the basic services to the citizenry through the establishment of a highly efficient
and competent police force that is national in scope and civilian in character. x x x

The policy force shall be organized, trained and equipped primarily for the performance of police
functions. Its national scope and civilian character shall be paramount. No element of the police force
shall be military nor shall any position thereof be occupied by active members of the Armed Forces
of the Philippines.

Police force is different and independent from the armed forces and the ranks in the military are not similar to
those of PNP
Therefore, the director and chief superintendent of the PNP do not fall under the first category of the
presidential appointees requiring confirmation by the Commission of Appointments.