clio-stat con .docx - NATIONAL POLICE COMMISSION v HON JUDGE DE GUZMAN FACTS In 1991 RA 6975 entitled “An Act Establishing the Philippine National

clio-stat con .docx - NATIONAL POLICE COMMISSION v HON...

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NATIONAL POLICE COMMISSION v. HON. JUDGE DE GUZMAN FACTS: In 1991, RA 6975 entitled “An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government" as passed. Among others, RA 6975, under its sec. 39, provided for a compulsory retirement age of 56 years old for PNP members. Private respondents were all officers and members of the defunct Philippine Constabulary and are now aged 56 years old. They all received a notice for their compulsory retirement. They petitioned for declaratory relief, and complained that they are covered by Sec. 89 of the same law which provides that members of the Integrated National Police will have a 4- year transitory period. They are of the belief that former members of the Philippine Constabulary are also members of the INP. On the other hand, NAPOLCOM, the petitioners, insisted that the 4-year transition period applies only to local police officers. The courts favored the respondents, hence this instant petition seeking for reversal. ISSUE: WON former Philippine Constabulary members are also members of the INP. HELD: NO. Based on Sec. 90. Of RA 6975 which provides for the Status of Present NAPOLCOM, PC-INP, the use of the term INP is not synonymous with the PC. Had it been otherwise, the statute could have just made a uniform reference to the members of the whole Philippine National Police (PNP) for retirement purposes and not just the INP. The law itself distinguishes INP from the PC and it cannot be construed that "INP" as used in Sec. 89 includes the members of the PC.
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  • Winter '15
  • Mr.Villena
  • Law, PHILIPPINE NATIONAL POLICE, Philippine Constabulary

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