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ANDAYA vs RTC Petitioners argument:f Section 51 of RA 6975 only empowers the mayor to

G.R. No. 126661/ Dec 3, 1999 /Pardp, J./LOCGOV- RELATIONS WITH PNP /MBDELACRUZ choose 1 from the 5 eligibles recommended by the Regional Police Director to
NATURE Appeal via certiorari be named chief of police. The mayor cannot superimpose his will on the
PETITIONERS Jose S. Andaya and Edgardo L. Inciong recommending authority by insisting that his protg be included in the list of
RESPONDENTS RTC Cebu City Branch 20, City of Cebu five eligibles from which the chief of police is to be chosen.

SUMMARY. Position of Chief of Police of Cebu City became vacant. Mayor Mayors argument: Memo Circular No. 95-04 is not valid as it contravenes the
wanted to include a protg in the list that Andaya submitted. When Andaya law.
refused, City filed with RTC complaint for declaratory relief plus prayer for
injunction which was granted. SC held that Mayor has no right to include an ISSUES & RATIO.
officer he wants in the list because he is just deputized to be the 1. WON the Mayor may require the Regional Director to include the mayors
representative of the NAPOLCOM in his territory. He has no power to appoint protg in the list of five eligibles to be recommended by the Regional
the chief of police. If he cant appoint, much less can he ask to include a Police Director to the mayor from which the mayor shall choose the City
name in the list. Director, City Police Command (chief of police) City of Cebu? NO.
DOCTRINE. 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 RA 6975 Section 51 gives authority to the mayor of Cebu City to choose the
power of selecting one from among the list of five eligibles to be named the chief of police from a list of 5 eligibles recommended by the Regional Director,
chief of police. Actually, the power to appoint the chief of police of Cebu Regional Police Command No. 7.
City is vested in the Regional Director, Regional Police Command No. 7.
NAPOLCOM Memo Circular No. 95-04 provides that among the qualifications
FACTS. for chief of police of highly urbanized cities:
The position of City Director/Cebu City Police Command (chief of police) 1. Completion of the Officers Senior Executive Course (OSEC)
became vacant after P/Supt. Enteria was relieved of command. and
Andaya submitted to the Mayor a list of 5 eligibles for him to choose from 2. Holding the rank of Police Superintendent.
to be appointed as the chief of police. He chose none of them because
P/Chief Inspector Andres Sarmiento was not included therein. Under RA 6975, Section 51, the mayor of Cebu City shall be deputized as
Andaya refused to agree to Mayor Garcias request to include the name representative of the NAPOLCOM in his territorial jurisdiction and as such the
of Sarmiento in the list because Sarmiento was not qualified for the position mayor shall have authority to choose the chief of police from a list of 5 eligibles
of City Director (chief of police) under NAPOLCOM Memo Circular No. 95- recommended by the Police Regional Director. The City Police Station of Cebu
04 particularly Item No. 8, paragraph D thereof, which provides that the City is under the direct command and control of the PNP Regional Director,
minimum qualification standards for Directors of Provincial/City Police Regional Police Command No. 7, and is equivalent to a provincial office. Then,
Commands, include completion of the Officers Senior Executive Course the Regional Director, Regional Police Command No. 7 appoints the officer
(OSEC) and the rank of Police Superintendent. selected by the mayor as the City Director, City Police Command, Cebu City.
The City of Cebu filed with the RTC a complaint for declaratory relief with
preliminary prohibitory and mandatory injunction and temporary restraining It is the prerogative of the Regional Police Director to name the 5 eligibles from
order against P/Chief Supt. Jose S. Andaya and Edgardo L. Inciong, a pool of eligible officers screened by the Senior Officers Promotion and
Regional Director, National Police Commission. Selection Board, Headquarters, PNP, Camp Crame, Quezon City, without
Petitioners argued that the power to designate the chief of police of Cebu interference from local executives.
City (City Director, Cebu City Police Command) is vested with the Regional
Director, Regional Police Command No. 7. However, the mayor is In case of disagreement between the Regional Police Director and the Mayor,
authorized to choose the chief of police from a list of 5 eligibles submitted the question shall be elevated to the Regional Director, National Police
by the Regional Director. In case of conflict between the Regional Director Commission, who shall resolve the issue within 5 working days from receipt and
and the mayor, the issue shall be elevated to the Regional Director, whose decision on the choice of the Chief of Police shall be final and executory.
National Police Commission, who shall resolve the issue within 5 working
days from receipt and whose decision on the choice of the chief of police As deputy of the Commission, the authority of the mayor is very limited. In reality,
shall be final and executory. he has no power of appointment; he has only the limited power of selecting
RTC issued a writ of preliminary injunction against Andaya. 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. The purpose is to enhance
police professionalism and to isolate the police service from political
domination.

DECISION.
Petition GRANTED.