Andaya vs.
RTC 319 SCRA 696 (1999) of 5 eligible recommended by the RD, Regional Police
Topic: LGUs and the Philippine National Police (PNP), Fire protection
unit and jail management personnel: operational supervision and
control by LGUs
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FACTS:
On January 3, 1996, the position of City Director of Cebu City
Police Command became vacant after P/Supt Antonio
Enteria was relieved command.
Petitioner Jose S. Andaya of Regional Police Command no. 7
submitted to Cebu City Mayor Alvin Garcia a list of 5
eligibles from which the Mayor shall choose one for the
stated position. However, the mayor did not choose anyone
from the list. Instead, he requested Andaya to include the
name of Sarmiento.
Andaya refused the request on the ground that Sarmiento
was not qualified for the position pursuant to NAPOLCOM
Memorandum Circular no. 95-04.
City of Cebu filed with the RTC a complaint for declaratory
relief. TC rendered a decision in favor of plaintiff, declaring
Sarmiento qualified for the position and his name was
ordered to be included in the list of eligibles. Hence, this
petition.
ISSUE:
WON the mayor of Cebu may require the regional director of
tegional police command no 7, to include the mayors
protg in the list of 5 eligible candidates to be
recommended by the Reg. Police Director to the mayor from
which the latter shall choose the a City Director, City Police
Command for Cebu.
RULING:
SC resolves against the position of City Mayor.
RA no. 6975, Section 51 gives authority to the Mayor
of Cebu City to choose the chief of police1 from a list
1 Provided the National Police Commission has deputized him
as representative of the commission.
Command.
The NAPOLCOM2 has issued Memo Circular for the
implementation of RA 6975. It provides that among the
qualifications od the chief of police of highly urbanized
cities. Mayor submits that such is not valid as it contravenes
the law.
SC does not agree with mayor. Under Republic Act No. 6975,
Section 51, the mayor of Cebu City shall be deputized as
representative of the Commission 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. 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.
Then, the Regional Director, Regional Police Command No. 7
appoints the officer selected by the mayor as the City
Director, City Police Command (chief of police) Cebu City.
Police Director has prerogative to name 5 eligibles.
It is the prerogative of the Regional Police 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
Power to appoint is vested in police regional director
As deputy of the Commission, 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. Actually,
the power to appoint the chief of police of Cebu City is
vested in the Regional Director, Regional Police Command
No. 7.
In case of disagreement between the police and the
mayor, the regional director of the NAPOLCOM will
decide
2 National Police Commission
 Mayor has no power to require police regional
director to include name of any officer in the list of 5
eligibles
Much less may the mayor require the Regional Director,
Regional Police Command, 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.
The court GRANTS the petition and sets aside the
decision of the RTC. Sole discretion of RC, Regional
Police Command no. 7 to submit to city mayor of
Cebu a list of 5 eligibles which the mayor shall
choose therefrom the chief of police. In case of
refusal, RD will decide.