Carpio vs Executive Secretary

August 10, 2018 | Author: happymabee | Category: Commander In Chief, Police, Public Law, Politics, Government
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Citizen Antonio Carpio, petitioner vs The Executive Secretary, The The Secretary of Local Governments, The Secretary of National Defense, and The National Treasurer, respondents aras, !" #e$ruary %&, %''( Nature)etition for revie* from the decision of the Executive Secretary Summary) etitioner Carpio assails the constitutionality of +A '-. *hich esta$lished the N and placed it under the D/LG" Carpio mainly ar0ues that the Act dero0ated the po*er of control of the NA1LC12 over  the N $y vestin0 different po*ers in the local officials" The SC upheld the constitutionality of the act and clarif clarified ied that that there there is no usurpa usurpatio tion n of the po*er of contro controll as the local executiv executives es merely merely act as representatives of the NA1LC12" Doctrine) The President’s power of control is directly exercised by him over the members of the Cabinet who, in turn, and by his authority, control the bureaus and other offices under their  respective jurisdictions in the executiv department The resident, as Commander3in3Chief, is not a mem$er of the Armed #orces" 4e remains a civilian *hose duties under the Commander3in3Chief provision represent only a part of the or0anic duties imposed upon him" All his other functions are clearly civil in nature" 4is position as a civilian Commander3in3Chied is consistent *ith, and a testament to, the constitutional principle that 5civilian authority is, at all times, supreme over the military"6 military"6 7Art" //, Sec" 8, %'9- Constitution: 7from the revie*er: /s this 0ood la*; As to the N structure, no" No*, the N is attached to D/LG" o 51perational supervision and control6 o day to day operations only< so it does not have to 0o to NA1LC12 all the time #acts) ursuant to Sec"  %, Art" =>/, %'9- Constitution, Con0ress passed +A '-. entitled 5An Act Esta$lishin0 the hilippine National olice under a +eor0anized Department of the /nterior and Local Government, and for other purposes6" /t *as approved $y resident Corazon A?uino on Decem$er %8, %''@ and too effect %. o days after p$lication 7!an" %, %''%: etitioner Carpio, as citizen, taxpayer, and mem$er of the hilippine Bar s*orn to defend the Constitution, filed the present petition seein0 the declaration of the unconstitutionality of the said +A" The follo*in0 are his ar0uments) Carpio advances the vie* that +A '-. emasculated the National olice Commission $y o limitin0 its po*er 5to administrative control6 over the hilippine National olice 7N:, thus, 5control6 remained *ith the Department Secretary under *hom $oth the National olice Commission and the N *ere placed" That in manifest dero0ation of the po*er of control of the NA1LC12 over the N, +A o '-. vested the po*er to choose the N rovincial Director and the Chiefs of olice in the Governors and 2ayors, respectively" That Sec" %( ( of +A '-. constitutes an encroachment upon, interferences *ith, and an o a$diction $y the resident of, executive control and commander3in3chief po*ers •

1 The State shall esta$lish and maintain one police force, *hich shall $e national in scope and civilian in character, to $e administered and controlled $y a national police commission" The authority of local executives over the police units in their   urisdiction shall $e provided $y la*" la*"

2 Section 12 Relationship of the Department with the Department of National Defense  Durin0 a period of t*enty3 four 7(&: months from the effectivity of this Act, the Armed #orces of the hilippines 7A#: shall continue its present role of  preservin0 the internal and external security of the State) rovided, That said period may $e extended $y the resident, if  he finds it ust ustifia$ ifia$le, le, for anot another her period not exceedin0 exceedin0 t*en t*enty3f ty3four our 7(&: mont months, hs, after *hich, the Depar Departmen tmentt shall automatically tae over from the A# the primary role of preservin0 internal security, leavin0 to the A# its primary role of  preservin0 external security" 4o*ever, 4o*ever, even after the Department has assumed primary responsi$ility on matters affectin0 internal security, includin0 the suppression of insur0ency, and there are serious threats to national security and pu$lic order,, such as *her order *here e insur insur0ent 0ents s have 0ained cons considera idera$le $le foot foothold hold in the comm community unity there$y necessitatin0 necessitatin0 the employment of $i00er tactical forces and the utilization of hi0her cali$er armaments and $etter armored vehicles, the resident may, upon recommendation of the peace and order council, call upon the Armed #orces of the hilippines to assume the primary role and the hilippine National olice 7N: to play the supportive role in the area concerned"/n times of national emer0ency, all elements of the N N,, the Bureau of #ire rotection, and the Bureau of !ail 2ana0ement and enolo0y shall, upon direction of the resident, assist the Armed #orces of the hilippines in meetin0 the national emer0ency" The complementary relationship $et*een the Department of the /nterior and Local Government and the Department of National Defense in any of the precedin0 eventualities shall $e ointly prescri$ed $y their respective Secretaries in a memorandum of a0reement that shall thereafter $e pu$lished and implemented"

That Sec" 9&, especially the inclusion therein of some le0islators as mem$ers is an unconstitutional encroachment upo and a diminution of, the residents po*er of control over all executive departments, $ureaus and offices /ssue F %)  1N +A '-. is unconstitutional +atio F %) 4istory of hilippines police force and the reason for Sec" , Art" =>/, %'9- Constitution The structure ! basically, police was under the military Common*ealth period  hilippine Consta$ulary 7C: C is the nucleus of hilippine Ground #orce 7G#: or *hat is no* the A# o C *as made part of the G# $ut its administrative, supervisory and directional control o *as handled $y the then Department of the /nterior   After the *ar, C remained as the National olice under the Department of National o Defense 7DND:, as a maor service component of the A# /nte0ration Act of %'-. created the /nte0rated National olice 7/N: /N *as under the 1ffice of the resident, *ith the C as the nucleus, and the local police o forces as the civilian components C3/N *as headed $y the C Chief *ho, as concurrent Director3General of the /N, o exercised command functions over the /N The National olice Commission 7NA1LC12: exercised administrative control and supervision " The local executives exercised operational supervision and direction over the /N units assi0ned *ithin their respective localities" "esult of the structure The set3up *here$y the /N *as placed under the command of the military component, *hich is the C, severely eroded the /Ns civilian character and the multiplicity in the 0overnance of the C3/N resulted in inefficient police service The inte0ration of the national police forces *ith the C also resulted in ine?uities since the military component had superior $enefits and privile0es 4ence, the 0oal of the Constitutional Commission of %'9 *as 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 5one police force, national in scope, and civilian in character6 provision *as set in Sec" , Art" =>/, %'9- Constitution 1n the Constitutionality of +A '-. Carpios contention cannot $e accepted $ased on the accepted principle in Constitutional La* that the resident has control of all executive departments, $ureaus, and offices" This presidential po*er means the po*er of the resident to alter or modify or nullify or  o set aside *hat a su$ordinate officer had done in the performance of his duties and to su$stitute the ud0ment of the former *ith that of the latter   Also, the Doctrine of Hualified olitical A0ency supports the constitutionality of the +A The said doctrine is $ased on the fact that as the president cannot $e expected to o exercise his control po*ers all at the same time and in person, he *ill have to dele0ate some of them to his Ca$inet mem$ers" Inder this doctrine, *hich reco0nizes the esta$lishment of a sin0le executive, all o executive and administrative or0anizations are aduntcs of the Executive Department, the heads of the various executive departments are assistants and a0ents of the Chief  Executive, and, except in cases *here the Chief Executive is re?uired $y the Constitution or la* to act in person on the exi0encies of the situation demand that he act personally, the multifarious executive and administrative functions of the Chief Executive are performed $y and throu0h the executive departments, and the acts of the Secretaries of  such departments, performed and prmomul0ated in the re0ular course of $usiness, are, unless disapproved or repro$ated $y the Chief Executive presumptively the acts of the Chief Executive" /n short, the President’s power of control is directly exercised by him over the o 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 4ence, the circumstance that the NA1LC12 and the N are places under the reo0ranized Department of /nterior and Local Government is merely an administrative reali0nment that *ould $olster a system of coordination and cooperation amon0 the citizenry, local executives and the o

inte0rated la* enforcement a0encies and pu$lic safety a0encies created under the +A" Conse?uently, the set3up laid do*n in the +A does not detract from the Constitutional mandate that the national police force shall $e administered and controlled $y a national police commission" SC also found that full control remains *ith the NA1LC12 The local executives are only actin0 as representatives of the NA1LC12" As such o deputies, they are ans*era$le to the NA1LC12 for their actions in the exercise of their  functions" Thus, unless countermanded $y the NA1LC12, their acts are valid and $indin0 as acts of the NA1LC12"  Also, it is important to note that the local officials *ill choose the officers concerned from a o list of eli0i$les 7those *ho meet the 0eneral ?ualifications for appointment to the N: to $e recommended $y N officials  As re0ards the assertion involvin0 the Civil Service Commission, the provisions in ?uestion 7concernin0 the appointment of N officers and 2em$ers  the appointment and examination are su$ect to the Civil Service Commission: underscore the civilian character of the national police force, and *ill undou$tedly professionalize the same The 0rant of disciplinary po*ers over N mem$ers to the eoples La* Enforcement o Boards 7LEB: and city and municipal mayors is also not in dero0ation of the Commissions po*er of control over the N The Commission still exercises appellate urisdiction over the LEB" /t is also the Commission *hich shll issue the implementin0 0uidelines and procedures to $e adopted $y the LEB" SC also does not a0ree *ith Carpio that Sec" %( constitutes an encroachment upon the residents commander3in3chief po*ers Sec" %( enforces the proposition that the national police force does not fall under the o Commander3in3Chief po*ers of the resident" The police force is not inte0rated *ith the military and is not part of the A#" 4ence, as a civilian a0ency of the 0overnment, it properly comes *ithin, and is su$ect to, the exercise $y the resident of the po*er of  executive control" Sec" %( simply provides for the transition period or process durin0 *hich the national o police *ould 0radually assume the civilian function of safe0uardin0 the internal security of  the State" SC also reiterated that the resident, as Commander3in3Chief, is not a mem$er of the o  Armed #orces" 4e remains a civilian *hose duties under the Commander3in3Chief  provision represent only a part of the or0anic duties imposed upon him" All his other  functions are clearly civil in nature" 4is position as a civilian Commander3in3Chied is consistent *ith, and a testament to, the constitutional principle that 5civilian authority is, at all times, supreme over the military"6 7Art" //, Sec" 8, %'9- Constitution:  As re0ards Sec" 9&, SC held that there can $o no intereference *ith the residents po*er of  control $ecause the Special 1versi0ht Committee is simply an ad hoc or transitory $ody, esta$lished and tased solely *ith plannin0 and overseein0 the immediate trnsfer, mer0er, andJor  a$sorption into the D/LG of the involved a0encies"  As an ad hoc $ody, its creation and the functions it exercises, decidedly do not constitute o an encroachment and in diminution of the po*er of control *hich properly $elon0s to the resident" hat is more, no executive dpartment, $ureau 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" #urther, there is also an independent office called the Commission on 4uman +i0hts" These independent Commissions and office perform functions and must $e protected from o external influences and political pressures" 4ence, they *ere made independent and not under any department of the 0overnment" Certainly, they are not under the control of the resident" The NA1LC12 is different from these independent CommissionsJoffice" NA1LC12 is o not independent" #isposition$ etition dismissed"

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