Provido v. Chief, Philippine Constabulary
NEW DOCTRINEFacts
1. The Antecedents: The underlying dispute concerns the murder of Dexter Provido, son of petitioner Sixto Provido, allegedly committed by Felixberto Calibara, Sr., a member of the Integrated National Police (INP). The criminal complaint was initially filed with the Municipal Trial Court of Pototan-Mina, Iloilo. 2. Procedural History: Following the filing of the criminal complaint, the case records were transmitted to the Philippine Constabulary/Integrated National Police Superintendent pursuant to Presidential Decree No. 1850. The INP General Court Martial RECOM 6 assumed jurisdiction and docketed the case as RECOM 6 PTI No: 24-85, charging Calibara with violation of Article 94 (homicide) of the Articles of War. The petitioner, through private counsel, filed a motion on January 13, 1987, assailing the court martial's jurisdiction. This motion was denied by the Judge Advocate General's Office on June 19, 1987. 3. The Petition: The petitioner filed a petition for a Writ of Certiorari with Prohibition and preliminary injunction with the Supreme Court on December 28, 1987. The petition seeks to nullify the order continuing the trial by Court Martial and to prohibit further proceedings, arguing that Executive Order No. 1040, which transferred the National Police Commission back under the Office of the President, and the draft constitution effectively transferred jurisdiction over INP members' criminal cases from military court martial to civil courts, particularly for cases arraigned after July 10, 1985.
Issue(s)
Whether policemen are still subject to the jurisdiction of courts-martial. Whether Executive Order No. 1040 and the Constitution repealed Presidential Decree No. 1850 by implication, thereby divesting courts-martial of jurisdiction over INP members. Whether the arraignment of the accused after the effectivity of Executive Order No. 1040 affects the jurisdiction of the court-martial.
Ruling
The petition is DISMISSED. The court-martial jurisdiction over the INP remains exclusive unless waived by the President.
Ratio Decidendi
On the jurisdiction of courts-martial over INP members: Presidential Decree No. 1850, as amended by Presidential Decree No. 1952, explicitly states that uniformed members of the Integrated National Police (INP) who commit any crime or offense cognizable by civil courts shall henceforth be exclusively tried by courts-martial, notwithstanding any provision of law to the contrary. This decree establishes an exclusive jurisdiction for courts-martial over such offenses, unless waived by the President. The term "uniformed members of the Integrated National Police" is defined to include police officers and policemen. Therefore, the INP members are subject to court-martial jurisdiction. On the effect of Executive Order No. 1040 and the Constitution: Executive Order No. 1040, which transferred the National Police Commission (NAPOLCOM) from the Ministry of National Defense to the Office of the President, did not divest courts-martial of their jurisdiction over INP members. The EO merely realigned administrative supervision and control over INP units. It did not contain any provision that would remotely suggest a repeal or modification of PD 1850's grant of exclusive court-martial jurisdiction. Furthermore, the provisions of the Constitution regarding the establishment of a national police force are not self-executing; they require legislative implementation to effect a change in the existing legal framework. The INP has yet to be fully civilianized as envisioned by the Constitution. On the effect of the arraignment date: Implied repeals of laws are not favored. Executive Order No. 1040 did not repeal PD 1850. Therefore, the jurisdiction of the court-martial attached by virtue of PD 1850. The fact that the accused was arraigned after the issuance of EO 1040 does not divest the court-martial of its jurisdiction, as the underlying law granting such jurisdiction (PD 1850) remained in effect. The rule is that jurisdiction, once acquired, is not lost by subsequent events unless specifically provided by law. In this case, the court-martial jurisdiction was properly invoked and attached prior to any alleged repeal.
Main Doctrine
The jurisdiction of courts-martial over uniformed members of the Integrated National Police (INP) under Presidential Decree No. 1850, as amended, remains exclusive unless waived by the President, and is not divested by Executive Order No. 1040 or the provisions of the Constitution which are not self-executing.