Issue: Whether or not a person who has served as captain in the police department of a city for at least three years but does not possess a bachelors degree, is qualified for appointment as chief of police
Contended Basis (originally in paragraph form but structured in bullet form by Petitioner): Section 10 of the Police Act of 1966 NO PERSON may be appointed chief of a city police agency unless HE (1) holds a bachelor's degree from a recognized institution of learning AND has served in the Armed Forces of the Philippines OR the National Bureau of Investigation, OR (2) has served as chief of police with exemplary record, OR (3) has served in the police department of any city with the rank of captain or its equivalent therein for at least three years; OR (4) any high school graduate who has served as officer in the Armed Forces for at least eight years with the rank of captain and/or higher.
Petitioner Morales credentials: Served successively as captain, major, and lieutenant colonel in the MPD since 1954. He argues he is in the third category.
Petitioners Arguments: 1. His service in the police department compensates for his not having a bachelors degree. Supports this argument by, through analogy, citing section 9 which allows non civil service examination passers as members so long as they have served for at least five years. SC Rebuttal: Membership is a far cry from Chief of Police appointment. Moreover, citing last paragraph of section 10, SC proves that educational qualification is necessary. 2. Comparing first category and all other categories in section 10, it seems one who serves one month in the AFP or NBI is equivalent to everyone else in the other categories. Why? Because this person (in first category) holds a bachelors degree. Therefore, not having a bachelors degree can be compensated by service. SC Rebuttal: This ambiguity means nothing. If this logic is to be followed, then it must follow that one who is in the third category can even dispense with the necessity of having a high school degree. SC went through the trouble of reexamining the process by which RA 4864 came to be enacted and found that the earlier version would never even admit a high-school only graduate even if this person has served in the AFP or NBI. The issue of deleting the educational requisite was discussed but it never came into any semblance of fruition. 3. He holds an A.A. degree (Associate Degree for two year courses), and has completed two years of law school. He was also awarded three Presidential Awards and given the Congressional Commendation which is the highest award conferred to the Manila Police Department. That should compensate for his lack of a bachelors degree or his lack of service in the AFP or NBI. SC Rebuttal: As nice as that sounds, the law is the law. Take it up with Congress.