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    The petitioner questioned the constitutionality of RA 6975, which established the Philippine National Police under the Department of the Interior and Local Government. The issues were whether RA 6975 violated the constitution's requirement of a civilian police force under a national police commission, and whether Section 12 constituted an encroachment on the president's executive control and commander-in-chief powers. The Supreme Court held that RA 6975 was constitutional as the national police commission was still under the control of the president, and Section 12 merely provided for a transition period and did not abdicate the president's commander-in-chief role, which remains civilian in nature to maintain civilian authority over the military.

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    The petitioner questioned the constitutionality of RA 6975, which established the Philippine National Police under the Department of the Interior and Local Government. The issues were whether RA 6975 violated the constitution's requirement of a civilian police force under a national police commission, and whether Section 12 constituted an encroachment on the president's executive control and commander-in-chief powers. The Supreme Court held that RA 6975 was constitutional as the national police commission was still under the control of the president, and Section 12 merely provided for a transition period and did not abdicate the president's commander-in-chief role, which remains civilian in nature to maintain civilian authority over the military.

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    © All Rights Reserved
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    36 views2 pages

    Carpio vs. Executive Secretary PDF

    Uploaded by

    Arvhie Santos
    The petitioner questioned the constitutionality of RA 6975, which established the Philippine National Police under the Department of the Interior and Local Government. The issues were whether RA 6975 violated the constitution's requirement of a civilian police force under a national police commission, and whether Section 12 constituted an encroachment on the president's executive control and commander-in-chief powers. The Supreme Court held that RA 6975 was constitutional as the national police commission was still under the control of the president, and Section 12 merely provided for a transition period and did not abdicate the president's commander-in-chief role, which remains civilian in nature to maintain civilian authority over the military.

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    of 2

    Carpio vs.

    Executive Secretary
    FACTS:

    Petitioner Antonio Carpio as citizen, taxpayer and member of the Philippine Bar, filed
    this petition, questioning the constitutionality of RA 6975 with a prayer for TRO.

    RA 6875, entitled “AN ACT ESTABLISHIGN THE PHILIPPINE NATIONAL POLICE


    UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL
    GOVERNMENT, AND FOR OTHER PURPOSES,” allegedly contravened Art. XVI,
    sec. 6 of the 1986 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.”

    ISSUEs:

    • Whether or not RA 6975 is contrary to the Constitution


    • Whether or not Sec. 12 RA 6975 constitutes an “encroachment upon, interference
    with, and an abdication by the President of, executive control and commander-in-
    chief powers”

    HELD:

    Power of Administrative Control

    NAPOLCOM is under the Office of the President.

    SC held that the President has control of all executive departments, bureaus, and offices.
    This presidential power of control over the executive branch of government extends over
    all executive officers from Cabinet Secretary to the lowliest clerk. In the landmark case
    of Mondano vs. Silvosa, the power of control 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.” It is said
    to be at the very “heart of the meaning of Chief Executive.”

    As a corollary rule to the control powers of the President is the “Doctrine of Qualified
    Political Agency.” 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.

    Under this doctrine, which recognizes the establishment of a single executive, “all
    executive and administrative organizations are adjuncts 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 or 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 promulgated in the regular course of business, unless
    disapproved or reprobated by the Chief Executive, are presumptively the acts of the Chief
    Executive.

    Thus, “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 executive department.”

    The placing of NAPOLCOM and PNP under the reorganized DILG is merely an
    administrative realignment that would bolster a system of coordination and cooperation
    among the citizenry, local executives and the integrated law enforcement agencies and
    public safety agencies.

    Power of Executive Control

    Sec. 12 does not constitute abdication of commander-in-chief powers. It 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. Under this
    instance, the President, to repeat, abdicates nothing of his war powers. It would bear to
    here state, in reiteration of the preponderant view, 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-Chief is consistent with, and a testament to, the constitutional principle
    that “civilian authority is, at all times, supreme over the military.”

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