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[G.R. No. 146265.September 10, 2001]
P/CHIEF SUPT. LANTION vs. ISABELA GOVERNOR DY
FIRST DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated SEPT 10 2001.
G R No 146265 (P/Chief Superintendent Thompson C. Lantion vs. Isabela Governor Benjamin G. Dy.)
The petition at bar was filed by Police/Chief Superintendent Thompson C Lantion seeking the reversal of the decision of the Court of Appeals in CA-G.R. SP No. 58334.
The facts that gave rise to the petition are as follows:
On March 6, 2000, private respondent Governor Benjamin Dy of Isabela received from petitioner a personal letter, quoted verbatim, to wit:
"Dear Governor,
I hope that this letter will find you in good spirit and good deed. I have been confined in the hospital for almost two weeks and it will take another month to fully recover.
"This is the first time that I have written you informally because of my inability to be at Camp Adduru. This is the first time that I have written you Governor in the entire duration of my watch as PRO2, Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by the new Provincial Director in the person of Police Senior Superintendent JAMES MELAD.
"Police Senior Superintendent JAMES MELAD has been known to you as an upright, intelligent and gentleman of the officer corps of the PNP, and comes from our very own region, Cagayan Valley. We have high expectations from Police Senior Superintendent JAMES MELAD's leadership because Isabela deserves the best.
"In view thereof, I respectfully request your unqualified support and your enlightened leadership for the continuing effort of providing peace, security and development of Isabela province. I'm aware of your military and police background and I'm surely aware that you will understand the changes that occur all the time in the service, not only as part of the tradition but more importantly for the betterment of police service to the people of Isabela.
"Thank you for your usual cooperation, support and understanding. Trusting that the humble request would merit your consideration.
"MY HIGH ESTEEM AND MY BEST PERSONAL REGARDS.
"Very truly yours,
"(SGD.) THOMPSON C. LANTION
Police Chief Superintendent
Regional Director PRO2"
On even date, then PNP Provincial Director of Isabela, P/Supt. Prudencio Regis, applied for a thirty (30) day vacation leave, which was approved on March 8, 2000, although made effective on March 13, 2000, hence, until April 25, 2000, excluding Saturdays, Sundays and legal holidays. The Office of the Ombudsman issued an order in OMB-MIL-ADM-00-0 118 preventively suspending P/Supt. Regis for six (6) months, that is, from April 25, 2000 to October 24, 2000. Thus, P/Supts. Ernesto Calonge was designated as OIC, PNP Provincial Director.
Apparently taking umbrage at the fact that he was not consulted about the change in leadership at the PNP provincial office, respondent governor filed with respondent court a petition for certiorari and prohibition, with prayer for a TRO and Writ of preliminary injunction, to prevent petitioner from designating a new PNP provincial director of Isabela. Respondent governor claimed that the designation of a PNP provincial director without his conformity would directly transgress Republic Act No. 6975 and National Police Commission (Napolcom) Memorandum Circular (MC) No. 91-001.
Accordingly, on March 8, 2000 public respondent judge issued an order setting the case for hearing and directing herein petitioner to cease and desist from replacing the PNP Provincial Director Isabela, until the matter could be heard.
On March 10, 2000, a hearing ensued in which petitioner filed an urgent ex-parte motion to set aside the order dated March 8, 2000 alleging, inter alia, that public respondent court was devoid of jurisdiction over the subject matter of the action. In said motion, petitioner likewise denied having issued any order relieving or appointing a replacement of the incumbent provincial director.
On April 11, 2000, P/Supt. James Andres Melad was named OIC of the PNP, lsabela Provincial Command. Later that day, public respondent judge issued the now impugned order ruling that "the right or the power of choice as [to] who will become the PNP Provincial Director belongs to the Governor. (Rollo, pp. 26-28.)
������������ On appeal by petitioner, the Court of Appeals affirmed the order of the Regional Trial Court. It reasoned that, considering the nature of his functions, a police officer has no "permanent designation," and "may be re-assigned, removed, transferred or deployed from one station, city, province or district to another, depending on the exigencies of the service." Hence, "the participation of local government executives in the choice of PNP [P]rovincial [D]irector or city/municipal chief of police is obligatory, and/or mandatory, irrespective of whether the officer to be installed is an OIC or a regular or permanent designate." Section 51 of the Local Government Code (Republic Act No. 6975), the Court of Appeals held, does not distinguish, and neither should the courts:
������������ SEC. 51. Powers of Local Government Officials Over the PNP Units or Forces. - Governors and mayors shall be deputized as representatives of the [National Police] commission in their respective territorial jurisdictions.As such, the local executives shall discharge the following functions:
(a) Provincial Governor - (1) Power to Choose the Provincial Director. The provincial governor shall choose the provincial director from a list of three (3) eligibles recommended by the PNP regional director.
x x x
The Solicitor General, in behalf of petitioner, thus filed the present petition, contending that the "Court of Appeals erred in disregarding the propositions:"
I
SECTION 51 (a) OF REPUBLIC ACT NO. 6975 IS NOT APPLICABLE WHERE THE DESIGNATION OF THE POLICE PROVINCIAL DIRECTOR IS ONLY AS OFFICER-IN-CHARGE.
II
NAPOLCOM MEMORANDUM CIRCULAR NO. 94-009 PERMITS OR ALLOWS THE DESIGNATION OF AN OFFICER-IN-CHARGE IN THE OFFICE OF THE POLICE PROVINCIAL DIRECTOR.
III
THE DETERMINATION OF WHO SHALL BE DESIGNATED AS OFFICER-IN-CHARGE IF THE SOLE DISCRETION OF THE CHIEF OF THE PHILIPPINES NATIONAL POLICE (PNP) OR HIS SENIOR SUBORDINATE OFFICIALS.
������������ The Court, however, declines to rule on the issue raised, the petition having been mooted. Indeed, the Court of Appeals noted that P/Senior Supt. James Andres Melad was eventually chosen as the new PNP Provincial Director of Isabela by Governor Dy from a list of three eligible candidates submitted by the PNP Regional Director.Courts will not determine a moot question or abstract proposition nor express an opinion in a case in which no practical relief can be granted.(City Sheriff, Iligan City vs. Fortunado, 288 SCRA 190 [1998]).
ACCORDINGLY, for being moot, the petition is DENIED.
Puno, J., is on official leave.
Very truly yours,
(Sgd.) VIRGINIA ANCHETA-SORIANO
Clerk of Court
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