IBP v.
Zamora
FACTS
At bar is a special civil action for certiorari and prohibition with prayer for issuance of a temporary restraining order seeking
to nullify on constitutional grounds the order of President Joseph Ejercito Estrada commanding the deployment of the
Philippine Marines (the "Marines") to join the Philippine National Police (the "PNP") in visibility patrols around the metropolis.
In view of the alarming increase in violent crimes in Metro Manila, like robberies, kidnappings and carnappings, the
President, in a verbal directive, ordered the PNP and the Marines to conduct joint visibility patrols for the purpose of crime
prevention and suppression.
the PNP Chief, through Police Chief Superintendent Edgar B. Aglipay, formulated Letter of Instruction 02/2000 1 (the "LOI")
which detailed the manner by which the joint visibility patrols, called Task Force Tulungan, would be conducted.
the President directed the AFP Chief of Staff and PNP Chief to coordinate with each other for the proper deployment and
utilization of the Marines to assist the PNP in preventing or suppressing criminal or lawless violence. anti-crime campaign
are merely temporary in nature and for a reasonable period only
Integrated Bar of the Philippines (the "IBP") filed the instant petition to annul LOI 02/2000 and to declare the deployment of
the Philippine Marines, null and void and unconstitutional
Note that all three below is connected to the issue
IBP CLAIMS THAT THE DEPLOYMENT OF THE PHILIPPINE MARINES IN METRO MANILA IS VIOLATIVE OF THE
CONSTITUTION, IN THAT
A) NO EMERGENCY SITUATION OBTAINS IN METRO MANILA AS WOULD JUSTIFY, EVEN ONLY REMOTELY, THE
DEPLOYMENT OF SOLDIERS FOR LAW ENFORCEMENT WORK; HENCE, SAID DEPLOYMENT IS IN DEROGATION OF
ARTICLE II, SECTION 3 OF THE CONSTITUTION;
B) SAID DEPLOYMENT CONSTITUTES AN INSIDIOUS INCURSION BY THE MILITARY IN A CIVILIAN FUNCTION OF
GOVERNMENT (LAW ENFORCEMENT) IN DEROGATION OF ARTICLE XVI, SECTION 5 (4), OF THE CONSTITUTION;
C) SAID DEPLOYMENT CREATES A DANGEROUS TENDENCY TO RELY ON THE MILITARY TO PERFORM THE CIVILIAN
FUNCTIONS OF THE GOVERNMENT.
SC dismissed the petition.
ISSUE:
Whether or not the calling of the armed forces to assist the PNP in joint visibility patrols violates the constitutional provisions
on civilian supremacy over the military and the civilian character of the PNP.
RULING:
No, the calling of the armed forces to assist the PNP in joint visibility patrols does not violate the constitutional provisions on
civilian supremacy over the military and the civilian character of the PNP.
Section 3, Article II states that “Civilian authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of
the national territory.
In the case at bar, the limited participation of the Marines is evident in the provisions of the LOI itself. Under the LOI, the
police forces are tasked to brief or orient the soldiers on police patrol procedures. It is their responsibility to direct and
manage the deployment of the Marines. It is, likewise, their duty to provide the necessary equipment to the Marines and
render logistical support to these soldiers. In view of the foregoing, it cannot be properly argued that military authority is
supreme over civilian authority. The real authority in these operations, as stated in the LOI, is lodged with the head of a
civilian institution, the PNP, and not with the military. What we have here is mutual support and cooperation between the
military and civilian authorities, not derogation of civilian supremacy. To reiterate; first, the soldiers do not control or direct
the operation. These soldiers, second, also have no power to prohibit or condemn. all arrested persons are brought to the
nearest police stations for proper disposition. And last, these soldiers apply no coercive force.
Thus, the calling of the armed forces to assist the PNP in joint visibility patrols does not violate the constitutional provisions
on civilian supremacy over the military and the civilian character of the PNP.
NOTE: There are many instances in which some of the multifarious activities wherein military aid has been rendered,
exemplifying the activities that bring both the civilian and the military together in a relationship of cooperation.
Which are: Elections, Administration of the Philippine National Red Cross, Relief and rescue operations during calamities and
disasters, Amateur sports promotion and development, Development of the culture and the arts, Conservation of natural
resources, Implementation of the agrarian reform program, Enforcement of customs laws, Composite civilian-military law
enforcement activities, Conduct of licensure examinations, Conduct of nationwide tests for elementary and high school
students, Anti-drug enforcement activities, Sanitary inspections, Conduct of census work, Administration of the Civil
Aeronautics Board, Assistance in installation of weather forecasting devices, Peace and order policy formulation in local
government units.
