Citizen Antonio Carpio, petitioner vsThe Executive Secretary, The Secretary of Local Governments, The Secretary of National Defense, and TheNational Treasurer, respondentsaras, !"#e$ruary %&, %''(Nature)etition for revie* from the decision of the Executive SecretarySummary) etitioner Carpio assails the constitutionality of +A ,'-. *hich esta$lished the N and placed itunder the D/LG" Carpio mainly ar0ues that the Act dero0ated the po*er of control of the NA1LC12 overthe N $y vestin0 different po*ers in the local officials" The SC upheld the constitutionality of the act andclarified that thereis no usurpation of the po*er of control as the local executives merely act asrepresentatives of the NA1LC12" Doctrine) ThePresidentspowerof control isdirectlyexercisedbyhimoverthemembersof theCabinet who, in turn, and by his authority, control the bureaus and other offices under theirrespective jurisdictions in the executiv department Theresident, asCommander3in3Chief, isnot amem$er of the Armed#orces" 4eremainsacivilian *hose duties under the Commander3in3Chief provision represent only a part of the or0anicduties imposed upon him" All his other functions are clearly civil in nature" 4is position as a civilianCommander3in3Chied is consistent *ith, and a testament to, the constitutional principle that 5civilianauthority is, at all times, supreme over the military"6 7Art" //, Sec" 8, %'9- Constitution: 7from the revie*er:o /s this 0ood la*; As to the N structure, no" No*, the N is attached to D/LG"o 51perational supervision and control6 day to day operations only< so it does not have to 0o to NA1LC12 all the time#acts) ursuant toSec" ,%, Art" =>/, %'9-Constitution, Con0resspassed+A,'-.entitled5AnActEsta$lishin0thehilippineNational oliceundera+eor0anizedDepartment of the/nteriorandLocal Government, and for other purposes6" o /t *as approved $y resident Corazon A?uino on Decem$er %8, %''@ and tooA effect %.days after p$lication 7!an" %, %''%: etitioner Carpio, ascitizen, taxpayer,andmem$er of thehilippineBars*orntodefendtheConstitution, filed the present petition seeAin0 the declaration of the unconstitutionality of the said+A" The follo*in0 are his ar0uments)o Carpio advances the vie* that +A ,'-. emasculated the National olice Commission $ylimitin0itspo*er 5toadministrativecontrol6over thehilippineNational olice7N:,thus, 5control6remained*iththeDepartment Secretaryunder*hom$oththeNationalolice Commission and the N *ere placed" o That in manifest dero0ation of the po*er of control of the NA1LC12 over the N, +A,'-. vested the po*er to choose the N rovincial Director and the Chiefs of olice inthe Governors and 2ayors, respectively" o That Sec" %((of +A ,'-. constitutes an encroachment upon, interferences *ith, and ana$diction $y the resident of, executive control and commander3in3chief po*ers1 The State shall esta$lish and maintain one police force, *hich shall $e national in scope and civilian in character, to $e administered and controlled $y a national police commission" The authority of local executives over the police units in theirCurisdiction shall $e provided $y la*" 2 Section 12 Relationship of the Department with the Department of National Defense D Durin0 a period of t*enty3four 7(&: months from the effectivity of this Act, the Armed #orces of the hilippines 7A#: shall continue its present role ofpreservin0 the internal and external security of the State) rovided, That said period may $e extended $y the resident, ifhefindsit Custifia$le, for another periodnot exceedin0t*enty3four 7(&: months, after *hich, theDepartment shallautomatically taAe over from the A# the primary role of preservin0 internal security, leavin0 to the A# its primary role ofpreservin0 external security" 4o*ever, even after the Department has assumed primary responsi$ility on matters affectin0internal security, includin0 the suppression of insur0ency, and there are serious threats to nationalsecurity and pu$licorder, such as *here insur0ents have 0ained considera$le foothold in the community there$y necessitatin0 theemployment of $i00ertacticalforcesand theutilizationof hi0her cali$erarmamentsand$etterarmoredvehicles,theresident may, upon recommendation of the peace and order council, call upon the Armed #orces of the hilippines toassume the primary role and the hilippine National olice 7N: to play the supportive role in the area concerned"/ntimes of national emer0ency, all elements of the N, the Bureau of #ire rotection, and the Bureau of !ail 2ana0ementand enolo0y shall, upon direction of the resident, assist the Armed #orces of the hilippines in meetin0 the nationalemer0ency"The complementary relationship $et*een the Department of the /nterior and Local Government and the Department of National Defense in any of the precedin0 eventualities shall $e Cointly prescri$ed $y their respective Secretaries in a memorandum of a0reement that shall thereafter $e pu$lished and implemented"o That Sec" 9&, especiallytheinclusionthereinof somele0islatorsasmem$ersisanunconstitutional encroachment upo and a diminution of, the residentEs po*er of controlover all executive departments, $ureaus and offices/ssue F %) G1N +A ,'-. is unconstitutional+atio F %)4istory of hilippineEs police force and the reason for Sec" ,, Art" =>/, %'9- ConstitutionThe structure ! basically, police was under the military Common*ealth period D hilippine Consta$ulary 7C:o C is the nucleus of hilippine Ground #orce 7G#: or *hat is no* the A#o C *as made part of the G# $ut its administrative, supervisory and directional control*as handled $y the then Department of the /nterioro After the*ar, CremainedastheNational oliceunder theDepartment of NationalDefense 7DND:, as a maCor service component of the A# /nte0ration Act of %'-. created the /nte0rated National olice 7/N:o /N *as under the 1ffice of the resident, *ith the C as the nucleus, and the local policeforces as the civilian componentso C3/N*asheaded$ytheCChief *ho, asconcurrent Director3General of the/N,exercised command functions over the /N The National olice Commission 7NA1LC12: exercised administrative control and supervision "The local executives exercised operational supervision and direction over the /N units assi0ned*ithin their respective localities" "esult of the structure The set3up *here$y the /N *as placed under the command of the military component, *hich isthe C, severely eroded the /NEs civilian character and the multiplicity in the 0overnance of theC3/N resulted in inefficient police service The inte0ration of the national police forces *ith the C also resulted in ine?uities since the militarycomponent had superior $enefits and privile0es 4ence, the 0oal of the Constitutional Commission of %'9, *as to remove the modern police fromthe military" The Commission made a postulate that the military cannot occupy any civil serviceposition" As a result, the 5one police force, national in scope, and civilian in character6 provision *as set inSec" ,, Art" =>/, %'9- Constitution1n the Constitutionality of +A ,'-. CarpioEs contention cannot $e accepted $ased on the accepted principle in Constitutional La* thatthe resident has control of all executive departments, $ureaus, and offices"o This presidential po*er means the po*er of the resident to alter or modify or nullify orsetaside*hat asu$ordinate officerhad done intheperformance ofhisdutiesand tosu$stitute the Cud0ment of the former *ith that of the latter Also, the Doctrine of Hualified olitical A0ency supports the constitutionality of the +Ao Thesaiddoctrineis$asedonthefact that asthepresident cannot $eexpectedtoexercise his control po*ers all at the same time and in person, he *ill have to dele0atesome of them to his Ca$inet mem$ers" o Inder this doctrine, *hich reco0nizes the esta$lishment of a sin0le executive, allexecutive and administrative or0anizations are adCuntcs of the Executive Department, theheads of thevarious executivedepartments areassistantsanda0ents of theChiefExecutive, and, except in cases *here the Chief Executive is re?uired $y the Constitutionor la* to act in person on the exi0encies of the situation demand that he act personally,the multifarious executive and administrative functions of the Chief Executive areperformed $y and throu0h the executive departments, and the acts of the Secretaries ofsuch departments, performed and prmomul0ated in the re0ular course of $usiness, are,unless disapproved or repro$ated $y the Chief Executive presumptively the acts of theChief Executive"o /nshort,thePresidentspower of control isdirectlyexercisedbyhimover themembers of the Cabinet who, in turn, and by his authority, control the bureaus andother offices under their respective jurisdictions in the executiv department 4ence, thecircumstancethat theNA1LC12andtheN areplacesunderthereo0ranizedDepartment of /nterior and Local Government is merely an administrative reali0nment that *ould$olsterasystemof coordinationandcooperationamon0thecitizenry,local executivesandtheinte0rated la* enforcement a0encies and pu$lic safety a0encies created under the +A"Conse?uently, the set3up laid do*n in the +A does not detract from the Constitutional mandate thatthe national police force shall $e administered and controlled $y a national police commission" SC also found that full control remains *ith the NA1LC12o Thelocal executivesareonlyactin0asrepresentativesof theNA1LC12" Assuchdeputies, they are ans*era$le to the NA1LC12 for their actions in the exercise of theirfunctions" Thus, unlesscountermanded$ytheNA1LC12, their actsarevalidand$indin0 as acts of the NA1LC12" o Also, it is important to note that the local officials *ill choose the officers concerned from alist of eli0i$les 7those *ho meet the 0eneral ?ualifications for appointment to the N: to$e recommended $y N officials As re0ards theassertioninvolvin0theCivil ServiceCommission, theprovisions in?uestion7concernin0 the appointment of N officers and 2em$ers D the appointment and examination aresu$Cectto the CivilService Commission: underscore the civilian character ofthe nationalpoliceforce, and *ill undou$tedly professionalize the sameo The0rantofdisciplinary po*ersover N mem$ers totheeopleEsLa* EnforcementBoards 7LEB: and city and municipal mayors is also not in dero0ation of theCommissionEs po*er of control over the N The Commission still exercises appellate Curisdiction over the LEB" /t is also theCommission *hich shll issue the implementin0 0uidelines and procedures to $eadopted $y the LEB" SC also does not a0ree *ith Carpio that Sec" %( constitutes an encroachment upon the residentEscommander3in3chief po*erso Sec" %(enforcesthepropositionthat thenational policeforcedoesnot fall undertheCommander3in3Chief po*ers of the resident" The police force is not inte0rated *ith themilitaryandisnot part of the A#"4ence, asaciviliana0encyof the0overnment, itproperly comes *ithin, and is su$Cect to, the exercise $y the resident of the po*er ofexecutive control" o Sec" %(simplyprovidesforthetransitionperiodorprocessdurin0*hichthenationalpolice *ould 0radually assume the civilian function of safe0uardin0 the internal security ofthe State" o SC also reiteratedthatthe resident, asCommander3in3Chief,isnotamem$er of theArmed #orces" 4e remains a civilian *hose duties under the Commander3in3Chiefprovisionrepresent onlyapart of theor0anicdutiesimposeduponhim" All hisotherfunctionsareclearlycivil innature" 4ispositionasacivilianCommander3in3Chiedisconsistent *ith, and a testament to, the constitutional principle that 5civilian authority is, atall times, supreme over the military"6 7Art" //, Sec" 8, %'9- Constitution: Asre0ardsSec" 9&, SCheldthat therecan$onointereference*iththeresidentEspo*erofcontrol $ecause the Special 1versi0ht Committee is simply an ad hoc or transitory $ody,esta$lished and tasAed solely *ith plannin0 and overseein0 the immediate trnsfer, mer0er, andJora$sorption into the D/LG of the involved a0encies" o As an ad hoc $ody, its creation and the functions it exercises, decidedly do not constitutean encroachment and in diminution of the po*er of control *hich properly $elon0s to theresident" Ghatismore,no executive dpartment,$ureau oroffice is places underthecontrol or authority of the committee" SC also pointed out that under the Constitution, there are independent Constitutional Commissionsnamely) The Civil Service Commission, Commission on Audit, and the Commission on Elections"#urther, there is also an independent office called the Commission on 4uman +i0hts" o These independent Commissions and office perform functions and must $e protected fromexternal influences and political pressures" 4ence, they *ere made independent and notunder any department of the 0overnment" Certainly, they are not under the control of theresident" o The NA1LC12 is different from these independent CommissionsJoffice" NA1LC12 isnot independent"#isposition$ etition dismissed"