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Police generals must get CA confirmation, Agusan solon says

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Agusan del Norte Rep. Lawrence Fortun said generals and colonels in the Philippine National Police (PNP) should be subject to confirmation in the Commission on Appointments (CA).

Fortun said he believed CA has constitutional confirmation authority over the PNP generals and colonels—not only because Republic Act 6975 says so, but because that was the intent of the 1987 Constitution.

Fortun explained that when the 1987 Constitution took effect, the police were part of the chain of command from the President to the Defense Secretary and to the Integrated National Police and there was no Department of the Interior and Local Government back then.

The prevailing relevant law at that time according to Fortun was the Administrative Code of the Philippines and before that, the Presidential Decrees 482, 765, and 1184, among others, of then President Ferdinand Marcos.

He explained that Yyars of making the police a civilian organization was reversed especially after “the police have their military-type ranks back”

“In truth, they did not like their civilian ranks,” said Fortun.

According to Fortun, the 1987 Constitution also has two distinct uses of the words “armed forces”—one as a proper noun when referring specifically to the Armed Forces of the Philippines and the other as a common noun for plain “armed forces” to refer to all the armed services under the civilian command of the President.

The 1987 Constitution provides that: “The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.”

Such command and direction of the chief of the PNP may be delegated to subordinate officials with the respect to the units under their respective commands, “in accordance with the rules and regulations prescribed by the Commission” according to Fortun.

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