ANDAYA V. RTC
FACTS:
There was a vacancy in the position of chief of police in Cebu. The regional director of the Cebu police Andaya submitted a list of 5 eligible appointees to the position to the mayor of Cebu. However, the mayor refused to appoint one because he wanted a certain Sarmiento, who was not on the list due to being disqualified. RTC ruled in favor of the mayor, granting the appointment of Sarmiento.
ISSUE:
Whether the mayor can require the Regional Director to include the mayor’s protégé in the list?
HELD
NO. The mayor has only the power to choose from the list. It it’s the prerogative of the regional director of the police to choose the eligible person who should be included in the list without intervention from local executives – based on the National Police Commission (NPC) memorandum, which provides the qualifications of a chief of police. In case of disagreement, the issue should be elevated to the regional director of the NPC who shall resolve the issue within 5 working days.
The authority of the mayor is limited, no power to appoint but basically power to choose from the list. The purpose is to enhance professionalism and isolate police service from political domination
