December
3, 1999
Ponente: Pardo, J.
FACTS:
·
On January 3, 1996, the position of City
Director, Cebu City Police Command (chief of police) became vacant after
P/Supt. Antonio Enteria was relieved of command.
·
In the same month, P/Chief Supt. Jose S.
Andaya (Regional Director of the Regional Police Command No. 7) submitted to
the mayor of Cebu City a list of five (5) eligibles from among whom the mayor
shall choose one to be appointed as the chief of police of Cebu City.
·
The mayor did not choose anyone from the list
of five (5) recommendees because the name of P/Chief Inspector Andres Sarmiento
– referred to in the ponentia as the mayor's "protege" – was not
included therein.
·
Andaya refused to include Major Sarmiento in
the list on the ground that the latter was not qualified for the vacant
position. Andaya claimed that Major Sarmiento had not yet attained the rank of
Police Superintendent and was yet to complete the Officers Senior Executive
Course, both of which are minimum requirements for Directors of Provincial/City
Police Commands as per NAPOLCOM Memorandum Circular No. 95-04.
·
Due to the impasse, the City of Cebu filed
before the RTC of Cebu City a complaint for declaratory relief with preliminary
prohibitory and mandatory injunction and temporary restraining order against
Andaya and Edgardo L. Inciong (Regional Director of NAPOLCOM).
·
In their answer, Andaya and Inciong sought for
the dismissal of the complaint for lack of legal basis and failure to exhaust
administrative rememdies. They countered that the power to designate the chief
of police of Cebu City is vested in Andaya as the Regional Director of Regional
Police Command No. 7. However, the mayor is authorized to choose the chief of
police from a list of five (5) eligibles submitted by the Regional Director. In
case of conflict between the Regional Director and the mayor, the issue shall
be elevated to the Regional Director of NAPOLCOM, who shall resolve the issue
within five (5) working days from receipt and whose decision on the choice of
the chief of police shall be final and executory.
·
RTC: Judge Ferdinand J. Marcos of the
Cebu City RTC ruled in favor of the City of Cebu, declaring that P/CInsp.
Andres Sarmiento is qualified under RA 6975 to be appointed as Chief Director
or Chief of Police of the Cebu City Police Command and whose name must be
included in the list of five (5) eligibles recommended as regular replacement
to the position of the Chief of Police of said Cebu City Police Command.
·
Hence, the instant petition for review on
certiorari on pure question of law.
RULING:
Decision of the RTC
reversed. The SC upholds the sole discretion of Regional Director Andaya to
submit to the mayor of Cebu City a list of five (5) eligibles from which the
mayor shall choose the chief of police. In case of the mayor's refusal to make
his choice within a given period due to disagreement as to the eligible nominees,
the issue shall be submitted to the Regional Director of NAPOLCOM, whose
decision shall be final.
Whether
the mayor of Cebu City may require P/Chief Supt. Andaya to include Sarmiento in
the list of five eligibles from among whom the mayor shall choose the chief of
police of the City of Cebu. – NO.
·
MAYOR OF CEBU CITY: NAPOLCOM
Memorandum Circular No. 95-04, which prescribes additional minimum
qualifications for Directors of Provincial/City Police Commands, is not valid
as it contravenes Sec. 51 of R.A. No. 6975*, which gives authority to the mayor
to choose the chief of police from a list of five (5) eligibles recommended by
the Regional Director.
·
SC: The
National Police Commission has issued Memorandum Circular No. 95-04, dated
January 12, 1995, for the implementation of R.A. 6975. It provides that among the
qualifications for chief of police of highly urbanized cities are (1)
completion of the Officers Senior Executive Course (OSEC) and (2) holding the
rank of Police Superintendent.
·
Under Sec. 51 of R.A. No. 6975, the mayor of
Cebu City shall be deputized as representative of NAPOLCOM in his territorial
jurisdiction and as such the mayor shall have authority to choose the chief of
police from a list of five (5) eligibles recommended by the Police Regional
Director. Then, the Regional Director, Regional Police Command No. 7 appoints
the officer selected by the mayor as the chief of police of Cebu City. The City
Police Station of Cebu City is under the direct command and control of the PNP
Regional Director, Regional Police Command No. 7, and is equivalent to a
provincial office.
·
As deputy of the NAPOLCOM, the authority of
the mayor is very limited. In reality, he has no power of appointment; he has
only the limited power of selecting one from among the list of five eligibles
to be named the chief of police. The power to appoint the chief of police of
Cebu City is vested in the Regional Director of Regional Police Command No. 7.
Much less may the mayor require said Regional Director to include the name of
any officer, no matter how qualified, in the list of five to be submitted to
the mayor. The purpose is to enhance police professionalism and to isolate the
police service from political domination.
·
It is the prerogative of the Regional Director
to name the five (5) eligibles from a pool of eligible officers screened by the
Senior Officers Promotion and Selection Board, Headquarters, Philippine
National Police, Camp Crame, Quezon City, without interference from local
executives. In case of disagreement between the Regional Police Director and
the Mayor, the question shall be elevated to the Regional Director of NAPOLCOM,
who shall resolve the issue within five (5) working days from receipt and whose
decision on the choice of the Chief of Police shall be final and executory.
RTC
ruling void
·
The trial court erred in granting preliminary
injunction that effectively restrained Regional Director Andaya from performing
his statutory function. The writ of preliminary injunction issued by the said
court is contrary to law and thus void. Similarly, the lower court's decision
sustaining the City Mayor's position suffers from the same legal infirmity.