IBP vs Zamora

G.R. No. 141284 August 15 2000 [Judicial Review; Civilian supremacy clause]

FACTS:

Invoking his powers as Commander-in-Chief under Sec 18, Art. VII of the Constitution, President Estrada, in verbal directive,  directed the AFP Chief of Staff and PNP Chief to coordinate with each other for the proper deployment and campaign for a temporary period only. The IBP questioned the validity of the deployment and utilization of the Marines to assist the PNP in law enforcement.

ISSUE:

1. WoN the President's factual determination of the necessity of calling the armed forces is subject to judicial review.

2. WoN the calling of AFP to assist the PNP in joint visibility patrols violate the constitutional provisions on civilian supremacy over the military.

RULING:

1. The power of judicial review is set forth in Section 1, Article VIII of the Constitution, to wit:

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

When questions of constitutional significance are raised, the Court can exercise its power of judicial review only if the following requisites are complied with, namely: (1)  the existence of an actual and appropriate case; (2) a personal and substantial interest of the party raising the constitutional question; (3) the exercise of judicial review is pleaded at the earliest opportunity; and (4) the constitutional question  is the lis mota of the case.

2. The deployment of the Marines does not constitute a breach of the civilian supremacy clause.  The calling of the Marines in this case constitutes permissible use of military assets for civilian law enforcement.  The participation of the Marines in the conduct of joint visibility patrols is appropriately circumscribed. 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.  Moreover, the deployment of the Marines to assist the PNP does not unmake the civilian character of the police force.  Neither does it amount to an “insidious incursion” of the military in the task of law enforcement in violation of Section 5(4), Article XVI of the Constitution.