CITIZEN J. ANTONIO M.

CARPIO, petitioner,
vs.
THE EXECUTIVE SECRETARY, THE SECRETARY OF LOCAL GOVERNMENTS,
THE SECRETARY OFNATIONAL DEFENSE and THE NATIONAL TREASURER,
respondents.

 G.R. No. 96409 February 14, 1992

Facts:

  Petitioner as citizen, taxpayer, and member of the Philippine Bar who swore to
defend the Constitution, filed a petition seeking this Court's declaration of
unconstitutionality of RA 6975 entitled "AN ACT ESTABLISHINGTHE PHILIPPINE
NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR
AND LOCALGOVERNMENT, AND FOR OTHER PURPOSES” with prayer for
temporary restraining order. The National Police Commission (NAPOLCOM) 7
exercised administrative control and supervision while the local executives exercised
operational supervision and direction over the INP units assigned within their respective
localities.

Issue:

Whether or not the president abdicated its commander-in-chief power over the PNP and
NAPOLCOM by virtue of RA 6975.

Held:

No, the president does not abdicate its commander-in-chief power over the PNP and
NAPOLCOM by virtue of RA 6975.

Equally well accepted, as a corollary rule to the control powers of the President,
is the "Doctrine of Qualified Political Agency". As the President cannot be expected
to exercise his control powers all at the same time and in person, he will have to
delegate some of them to his Cabinet members. His position as a civilian Commander-
in-Chief is consistent with, and a testament to, the constitutional principle that "civilian
authority is, at all times, supreme over the military.