Andaya v. Regional Trial Court, Cebu City, Branch 20
REITERATIONFacts
The Antecedents: The position of City Director, Cebu City Police Command (chief of police) became vacant. Petitioner Jose S. Andaya, as Regional Police Command No. 7, submitted a list of five (5) recommendees to the City Mayor, but this list did not include P/Chief Inspector Andres Sarmiento. The Mayor refused to select from the list, requesting Sarmiento's inclusion. Procedural History: The City of Cebu filed a complaint for declaratory relief with injunction against petitioners. The Regional Trial Court (RTC), Branch 20, Cebu City, issued a writ of preliminary injunction enjoining petitioner Andaya from replacing Sarmiento and from submitting a list that excluded him. Subsequently, the RTC rendered a decision declaring P/CInsp. Andres Sarmiento qualified and ordering his inclusion in the list of five (5) eligibles, making the injunction permanent. The Petition: Petitioners filed a motion for reconsideration, arguing that Section 51 of Republic Act No. 6975 vests the power to choose the chief of police in the mayor from a list submitted by the Regional Director, and the mayor cannot dictate who should be on the list. The RTC denied the motion. The case reached the Supreme Court via petition for review on certiorari.
Issue(s)
Whether the Mayor of Cebu City may require the Regional Director, Regional Police Command No. 7, to include the mayor's protégé in the list of five (5) eligibles to be recommended for the position of City Director, Cebu City Police Command; and whether NAPOLCOM Memorandum Circular No. 95-04 contravenes the law. Whether the Regional Trial Court erred in issuing a writ of preliminary injunction and rendering a decision that effectively allowed the mayor to dictate the inclusion of a nominee in the list of eligibles.
Ruling
The Supreme Court GRANTS the petition, SETS ASIDE the decision of the Regional Trial Court, Branch 20, Cebu City, and renders judgment upholding the sole discretion of the Regional Director, Regional Police Command No. 7, to submit the list of five (5) eligibles to the mayor. In case of disagreement, the issue shall be submitted to the Regional Director, National Police Commission, whose decision shall be final.
Ratio Decidendi
On the issue of the Mayor's authority to dictate nominees and the validity of NAPOLCOM Memorandum Circular No. 95-04: The Court ruled against the position of the city mayor. Republic Act No. 6975, Section 51, grants the mayor the authority to choose the chief of police from a list of five (5) eligibles recommended by the Regional Director. However, this power is limited to selection from the submitted list and does not extend to compelling the Regional Director to include a specific nominee. The Court emphasized that the Regional Director has the prerogative to name the five (5) eligibles from a pool screened by the Senior Officers Promotion and Selection Board, without interference from local executives. The purpose of this provision is to enhance police professionalism and isolate the police service from political domination. The Court held that under Republic Act No. 6975, Section 51, the mayor is deputized as a representative of the National Police Commission (NAPOLCOM), and the City Police Station is under the direct command and control of the PNP Regional Director. The Regional Director appoints the officer selected by the mayor. The memorandum circular, by setting additional qualifications, was deemed a valid exercise of NAPOLCOM's rule-making power to implement RA 6975 and ensure police professionalism. On the trial court's error in issuing injunction and decision: Consequently, the Court found that the trial court erred in granting the preliminary injunction and in rendering a decision that sustained the City Mayor's position. These actions were contrary to law as they restrained the Regional Director from performing his statutory function and allowed the mayor to overstep his limited authority. The power to appoint the chief of police of Cebu City is vested in the Regional Director, Regional Police Command No. 7, and the mayor's role is strictly limited to selection from the provided list.
Main Doctrine
The Regional Director, Regional Police Command No. 7, has the sole discretion to submit a list of five (5) eligibles to the mayor of Cebu City from which the mayor shall choose the chief of police. The mayor cannot compel the Regional Director to include a specific nominee in the list, and any disagreement must be elevated to the Regional Director of the National Police Commission for a final decision.