For Your Data Ibp V. Hon. Ronaldo B. Zamora Et Al. Representative Brief Summary
February 01, 2019
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IBP v. Hon. Ronaldo B. Zamora et al. illustration brief summary
G.R. No. 141284, August 15, 2000
FACTS: President Joseph Estrada ordered the deployment of the Philippine Marines to bring together the Philippine National Police (PNP) inwards visibility patrols some Metro Manila to stalk the tide of ascent violence in addition to crime. In reply to such order, the PNP through Police Chief Superintendent Edgar B. Aglipay issued Letter of Intent (LOI) dated 02/2000 which detailed the articulation visibility patrols called Task Force Tulungan. This was confirmed yesteryear a memorandum Pres. Estrada issued dated 24 Jan 2000. On Jan 17, 2000, the IBP filed a petition to annul LOI 02/2000 arguing that the deployment of the Marines is unconstitutional in addition to is an incursion yesteryear the armed forces on the civilian functions of authorities equally embodied inwards Article II, Sec. three in addition to Art. XVI, Sec. 5(4) of the 1987 Constitution.
ISSUE: (1) Does the IBP convey legal standing inwards the illustration at bar?
(2) Is the president’s factual conclusion of the necessity of calling the armed forces champaign of written report to judicial review?
(3) Is the calling of the armed forces to assistance the PNP inwards articulation visibility patrols violate constitutional provisions on civilian supremacy over the armed forces in addition to the civilian grapheme of the PNP?
RULING: In the get-go issue, the IBP has failed to furnish the requisites for legal standing inwards the illustration at bar inwards that it has failed to conclusively evidence that such deployment would price the IBP inwards whatsoever way. It’s contestation that it is fighting to uphold the dominion of police in addition to the constitution is insufficient, likewise full general in addition to likewise vague. As to the minute issue, the Court disagrees amongst the contestation of the Solicitor-General that the president’s deed is a political query beyond the say-so of the Court to review when the grant of ability is qualified or champaign of written report to limitations, the termination becomes whether the prescribed qualifications convey been met, in addition to thence it becomes a query of legality in addition to non wisdom, thence is non a political question. It is in addition to thence champaign of written report to the Court’s review power. As to the tertiary issue, the Marines exclusively assistance the PNP, the LOI itself provides for this. In fact, the PNP Chief is the leader of such patrols in addition to inwards no agency places the over-all say-so inwards the Marines.
Petition is dismissed.