Legally Yours,  Political Law

IBP v. Zamora

Constitutional Law. Political Law. Fundamental Principles and State Policies. Article II, Section 3. Civilian Supremacy.
IBP v. ZAMORA
338 SCRA 81

FACTS:
The President ordered the PNP and the Marines to conduct joint visibility patrols for the purpose of crime prevention and suppression. On January 17, 2000, the IBP filed the instant petition to declare the deployment of Philippines Marines unconstitutional thus null and void alleging that no emergency situation would justify the employment of soldiers for law enforcement work and that the same is in derogation of Article II Section 3 of the Constitution.

ISSUE:
Whether or not the joint visibility patrols violate the Constitutional provisions on civilian supremacy over the military

HELD:
The calling of the Marines, in this case, constitutes permissible use of military assets for civilian enforcement and that it does not contravene Section 3, Article II of the Constitution. The limited participation of the Marines is evident in the LOI itself which sufficiently provides the metes and bounds of the Marines’ authority. The deployment of the Marines to assist the PNP does not unmake the civilian character of the police force. The real authority in these operations is lodged with the head of a civilian institution and not with the military. What is in here is mutual support and cooperation between the military and the civilian authorities, not a derogation of civilian supremacy. Wherefore, the petition is hereby dismissed.

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