CITIZEN J. ANTONIO M. CARPIO, vs. THE EXECUTIVE SECRETARY, THE SECRETARY OF LOCAL GOVERNMENTS, THE SECRETARY OF NATIONAL DEFENSE and THE NATIONAL TREASURER.
- G.R. Number: G.R. No. 96409
- Promulgated: 1992-02-14
- Ponente: Paras, J.
Doctrine
When the Constitution or statute designates local executives as representatives of a national commission, they exercise delegated functions subject to the commission's control and are answerable to it.
Selections made by such local representatives must be from a list of eligibles who meet standards prescribed by the Commission.
Facts
The controversy centers on a constitutional provision (Article XVI, Section 6) which the Court sets forth at the outset of the opinion.
The Solicitor General argued that there is no usurpation of NAPOLCOM's power of control because local executives act only as NAPOLCOM representatives under the controlling provision.
As NAPOLCOM representatives, local officials select officers from a list of eligibles and are answerable to NAPOLCOM for their actions in the exercise of their delegated functions.
The decision references eligibility standards and specific applicant qualifications (height, weight, age, disciplinary and criminal disqualifications) as set out by the Commission.
Issues
Whether the local executives' actions in selecting police officers constitute an usurpation of NAPOLCOM's power of control.
Whether local executives, acting as NAPOLCOM representatives, remain answerable to NAPOLCOM and whether their acts are valid unless countermanded by NAPOLCOM.
Ruling
The petition is dismissed for lack of merit; the Court agrees with the Solicitor General that local executives act as NAPOLCOM representatives and do not usurp NAPOLCOM's power of control.
Local officials, as NAPOLCOM representatives, choose officers from a list of eligibles and are answerable to NAPOLCOM; their acts are valid and binding unless countermanded by NAPOLCOM.
Keywords
G.R. No. 96409, Article XVI, Section 6 of the 1987 Constitution, Republic Act No. 6975, AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES, unconstitutionality of RA 6975, Philippine Constabulary, Philippine Ground Force (PGF), Armed Forces of the Philippines (AFP), Integrated National Police (INP), National Police Commission (NAPOLCOM), civilian character, military force, national in scope, presidential power of control, Doctrine of Qualified Political Agency, Mondano vs. Silvosa, president, chief, commission, power