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1 Velunta Vs Chief of The Philippines

1) Petitioner Rizalito Velunta, a member of the Integrated International Police, faced an administrative case for grave misconduct and a homicide case related to the death of Romeo Lazano. 2) The issue is whether Executive Order No. 1040 repealed Presidential Decree 1850, which authorizes the Chief of the Philippine Constabulary to convene courts martial to try criminal cases against members of the Integrated National Police. 3) The court ruled that Executive Order 1040 did not expressly repeal Presidential Decree 1850, and that repeals by implication are disfavored. The provision establishing a civilian police force has also not yet been fully implemented.

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Emmanuel C. Dumayas
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175 views1 page

1 Velunta Vs Chief of The Philippines

1) Petitioner Rizalito Velunta, a member of the Integrated International Police, faced an administrative case for grave misconduct and a homicide case related to the death of Romeo Lazano. 2) The issue is whether Executive Order No. 1040 repealed Presidential Decree 1850, which authorizes the Chief of the Philippine Constabulary to convene courts martial to try criminal cases against members of the Integrated National Police. 3) The court ruled that Executive Order 1040 did not expressly repeal Presidential Decree 1850, and that repeals by implication are disfavored. The provision establishing a civilian police force has also not yet been fully implemented.

Uploaded by

Emmanuel C. Dumayas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RIZALITO VELUNTA vs.

THE CHIEF, PHILIPPINE


CONSTABULARY

Facts:
Petitioner is a member of Integrated International Police who has an Administrative case for grave misconduct and a
Homicide case filed by Anacorita Lozano, wife of the deceased and victim, Romeo Lazano. In the administrative case, the
national police commission (NAPOLCOM) find the petitioner guilty only for less grave misconduct and suspended the said
petitioner for 6 months without pay. Meanwhile, the case filed for homicide, was referred to the military authorities
pursuant to P.D 1850 which authorizes the Chief of the Philippine Constabulary to convene court martials to try, hear, and
decide cases for criminal acts committed by Integrated National Police. The petitioner challenged the assumption of
jurisdiction by the General Court Martial since E.O 1040 in relation to E.O 1012, whereby supervision and control over all
units and members of the integrated national police have been transferred to NAPOLCOM and placed directly under the
office of the president thereby removing police officers form supervision and control of the Chief of the Philippine
Constabulary under Department of National Defense that is why the General Court Martial has no more jurisdiction to
continue the hearing against him.
Issue:
Whether or not P.D. 1850 which authorizes the Chief of the Philippine Constabulary to convene courts martial to hear and
try cases against members of the Integrated National Police for offenses committed while in the performance of their
duties has been expressly repealed by Section 3 of Executive Order No. 1040 as of July 10, 1985.
Ruling:
The aforecited provision does not repeal in express terms, P.D. No. 1850. Neither is there any inconsistency between P.D.
No. 1850, which confers upon courts-martial, jurisdiction over crimes and offenses involving members of the Integrated
National Police, and Executive Order No. 1040 which gives the city and municipal governments, (as the case may be),
operational supervision and direction over members of the Integrated National Police. Repeals by implication are not
favored and will not be so declared unless the intent of the legislators is manifest.
The provision of the Constitution, Article XVI, Section 6, on the State maintaining a police force national and civilian in
character is still in the process of being implemented. Police forces continue to remain part of the PC-INP until the civilian
police force is finally set-up as contemplated by the fundamental law.

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