MORALES VS. SUBIDO

FACTS
The petitioner, Enrique Morales is the chief of the detective bureau of the Manila Police Department and holds the rank of lieutenant colonel. Upon the resignation of the chief of police, the petitioner was designated acting chief of police and, at the same time, given a provisional appointment to the same position by the Mayor of Manila. The respondent Comission of Civil Cervice Abelardo Subido approved the designation of the petitioner but rejected his appointment for “failure to meet the minimum educational and civil service eligibility requirements for the said position”.

ISSUE
Whether or not the petitioner is qualified for appointment as chief of police.


HELD
No, The Act under consideration makes it unequivocal that the possession of a college degree or a high school diploma (in addition to service) is an indispensable requisite. Section 10 of the Act needs no interpretation because its meaning is clear and the purpose is to require both educational and service qualifications of those seeking appointment as a chief of police. Hence, the petition is not qualified.

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