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Republic of the Philippines

SUPREME COURT
Manila
EN BANC

G.R. No. 96409 February 14, 1992
CITIZEN J. ANTONIO M. CARPIO, petitioner,
vs.
THE EEC!TI"E #ECRETAR$, THE #ECRETAR$ OF %OCA% GO"ERNMENT#,
THE #ECRETAR$ OF NATIONA% &EFEN#E a'( THE NATIONA% TREA#!RER,
respondents.

PARA#, J.:
At the very outset, it should be well to set forth the constitutional provision that is at the
core of the controversy now confronting us, thus:
Article XVI, Section 6:
The State shall establish and aintain one police force, which stall be
national in scope and civilian in character, to be adinistered and
controlled by a national police coission. The authority of local
e!ecutives over the police units in their "urisdiction shall be provided by
law.
1
#ith the afore$uoted provision in ind, %ongress passed &epublic Act 'o. 6()*
entitled +A' A%T ,STA-.IS/I'0 T/, 1/I.I11I', 'ATI2'A. 12.I%, 3'4,& A
&,2&0A'I5,4 4,1A&T6,'T 27 T/, I'T,&I2& A'4 .2%A. 02V,&'6,'T,
A'4 72& 2T/,& 13&12S,S+ as the consolidated version of /ouse -ill 'o. 896:;
and Senate -ill 'o. ;69.
7ollowing the said Act<s approval by 1resident %ora=on %. A$uino on 4eceber :9,
:((>, it was published on 4eceber :), :((>.
2
1resently, however, petitioner as citi=en, ta!payer and eber of the 1hilippine -ar
sworn to defend the %onstitution, filed the petition now at bar on 4eceber 8>, :((>,
see?ing this %ourt<s declaration of unconstitutionality of &A 6()* with prayer for
teporary restraining order.
-ut in an en banc resolution dated 4eceber 8), :((>, #e siply re$uired the public
respondents to file their %oent, without however giving due course to the petition
and the prayer therein. /ence, the Act too? effect after fifteen days following its
publication, or on @anuary :, :((:.
)
-efore we settle down on the erits of the petition, it would li?ewise be well to discuss
albeit briefly the history of our police force and the reasons for the ordination of Section
6, Article XVI in our present %onstitution.
4uring the %oonwealth period, we had the 1hilippine %onstabulary as the nucleus of
the 1hilippine 0round 7orce A107B, now the Ared 7orces of the 1hilippines AA71B.
The 1% was ade part of the 107 but its adinistrative, supervisory and directional
control was handled by the then 4epartent of the Interior. After the war, it reained as
the +'ational 1olice+ under the 4epartent of 'ational 4efense, as a a"or service
coponent of the A71.
4
.ater, the Integration Act of :()*
*
created the Integrated 'ational 1olice AI'1B under
the 2ffice of the 1resident, with the 1% as the nucleus, and the local police forces as
the civilian coponents. The 1%CI'1 was headed by the 1% %hief who, as concurrent
4irectorC0eneral of the I'1, e!ercised coand functions over the I'1.
6
The 'ational 1olice %oission A'A12.%26B
+
e!ercised adinistrative control and
supervision while the local e!ecutives e!ercised operational supervision and direction
over the I'1 units assigned within their respective localities. ,
The setCup whereby the I'1 was placed under the coand of the ilitary coponent,
which is the 1%, severely eroded the I'1<s civilian character and the ultiplicity in the
governance of the 1%CI'1 resulted in inefficient police service.
9
6oreover, the
integration of the national police forces with the 1% also resulted in ine$uities since the
ilitary coponent had superior benefits and privileges.
10
The %onstitutional %oission of :(D6 was fully aware of the structural errors that
beset the syste. Thus, %o. Teodulo %. 'atividad e!plained that:
!!! !!! !!!
6&. 'ATIVI4A4. . . . The basic tenet of a odern police
organi=ation is to reove it fro the ilitary.
11
!!! !!! !!!
/ere in our draft %onstitution, we have already ade a constitutional
postulate that the ilitary cannot occupy any civil service position Ein
Section 6 of the Article on the %ivil Service
12
F Therefore, in ?eeping with
this and because of the universal acceptance that a police force is a
civilian function, a public service, and should not be perfored by ilitary
force, one of the basic refors we are presenting here is that it should be
separated fro the ilitary force which is the 1%.
1)
!!! !!! !!!
7urtherore:
!!! !!! !!!
. . . the civilian police cannot blosso into full profession because ost of
the ?ey positions are being occupied by the ilitary So, it is up to this
%oission to reove the police fro such a situation so that it can
develop into a truly professional civilian police. . . .
14
/ence, the +one police force, national in scope, and civilian in character+ provision that
is now Article XVI, Section 6 of the :(D) %onstitution.
And so we now coe to the erits of the petition at hand.
In the ain, petitioner herein respectfully advances the view that &A 6()* easculated
the 'ational 1olice %oission by liiting its power +to administrative control+ over the
1hilippine 'ational 1olice A1'1B, thus, +control+ reained with the 4epartent
Secretary under who both the 'ational 1olice %oission and the 1'1 were placed.
1*
#e do not share this view.
To begin with, one need only refer to the fundaentally accepted principle in
%onstitutional .aw that the 1resident has control of all e!ecutive departents, bureaus,
and offices to lay at rest petitioner<s contention on the atter.
This presidential power of control over the e!ecutive branch of governent e!tends
over all e!ecutive officers fro %abinet Secretary to the lowliest cler?
1+
and has been
held by us, in the landar? case of Mondano vs. Silvosa,
1,
to ean +the power of Ethe
1residentF to alter or odify or nullify or set aside what a subordinate officer had done in
the perforance of his duties and to substitute the "udgent of the forer with that of
the latter.+ It is said to be at the very +heart of the eaning of %hief ,!ecutive.+
19
,$ually well accepted, as a corollary rule to the control powers of the 1resident, is the
+4octrine of Gualified 1olitical Agency+. As the 1resident cannot be e!pected to
e!ercise his control powers all at the sae tie and in person,
20
he will have to
delegate soe of the to his %abinet ebers.
3nder this doctrine, which recogni=es the establishent of a single e!ecutive,
21
+all
e!ecutive and adinistrative organi=ations are ad"uncts of the ,!ecutive 4epartent,
the heads of the various e!ecutive departents are assistants and agents of the %hief
,!ecutive, and, e!cept in cases where the %hief ,!ecutive is re$uired by the
%onstitution or law to act in person on the e!igencies of the situation deand that he
act personally, the ultifarious e!ecutive and adinistrative functions of the %hief
,!ecutive are perfored by and through the e!ecutive departents, and the acts of the
Secretaries of such departments, performed and promulgated in the regular course of
business, unless disapproved or reprobated by the Chief Executive presumptively the
acts of the Chief Executive.+
22
Aephasis oursB
Thus, and in short, +the 1resident<s power of control is directly e!ercised by hi over
the ebers of the %abinet who, in turn, and by his authority, control the bureaus and
other offices under their respective "urisdictions in the e!ecutive departent.+
2)
Additionally, the circustance that the 'A12.%26 and the 1'1 are placed under the
reorgani=ed 4epartent of Interior and .ocal 0overnent is erely an adinistrative
realignent that would bolster a syste of coordination and cooperation aong the
citi=enry, local e!ecutives and the integrated law enforceent agencies and public
safety agencies created under the assailed Act,
24
the funding of the 1'1 being in large
part subsidi=ed by the national governent.
Such organi=ational setCup does not detract fro the andate of the %onstitution that
the national police force shall be adinistered and controlled by a national police
coission as at any rate, and in fact, the Act in $uestion ade$uately provides for
adinistration and control at the coission level, as shown in the following provisions,
to wit:
Sec. :;. Powers and Functions of the Commission. H The %oission
shall e!ercise the following powers and functions:
!!! !!! !!!
AiB Approve or odify plans and progras on education and training,
logistical re$uireents, counications, records, inforation systes,
crie laboratory, crie prevention and crie reportingI
A"B Affir, reverse or odify, through the 'ational Appellate -oard,
personnel disciplinary actions involving deotion or disissal fro the
service iposed upon ebers of the 1hilippine 'ational 1olice by the
%hief of the 1'1I
A?B ,!ercise appellate "urisdiction through .the regional. appellate boards
over adinistrative cases against policeen and over decisions on clais
for police benefitsI
!!! !!! !!!
Sec. 86. The %oand and direction of the 1'1 shall be vested in the
%hief of the 1'1 . . . Such coand and direction of the %hief of the 1'1
ay be delegated to subordinate officials with respect to the units under
their respective coands, in accordance with the rules and regulations
prescribed by the %oission. . . .
!!! !!! !!!
Sec. 9*. . . . To enhance police operational efficiency and effectiveness,
the %hief of the 1'1 ay constitute such other support units as ay be
necessary sub"ect to the approval of the %oission. . . .
!!! !!! !!!
Sec. 9). . . . There shall be established a perforance evaluation syste
which shall be adinistered in accordance with the rules, regulations and
standardsI and a code of conduct proulgated by the %oission for
ebers of the 1'1. . . .
!!! !!! !!!
1etitioner further asserts that in anifest derogation of the power of control of the
'A12.%26 over the 1'1, &A 6()* vested the power to choose the 1'1 1rovincial
4irector and the %hiefs of 1olice in the 0overnors and 6ayors, respectivelyI the power
of +operational supervision and control+ over police units in city and unicipal ayorsI
in the %ivil Service %oission, participation in appointents to the positions of Senior
Superintendent to 4eputy 4irectorC0eneral as well as the adinistration of $ualifying
entrance e!ainationsI disciplinary powers over 1'1 ebers in the +1eople<s .aw
,nforceent -oards+ and in city and unicipal ayors.
2*
2nce ore, we find no real controversy upon the foregoing assertions.
It is true that when the %onstitutional %oissioners of :(D6 provided that the authority
of local e!ecutives over the police units in their "urisdiction shall be provided by law,
they intended that the dayCtoCday functions of police wor? li?e crie, investigation, crie
prevention activities, traffic control, etc., would be under the operational control of the
local e!ecutives as it would not be advisable to give full control of the police to the local
e!ecutives.
26
They reasoned that in the past, this gave rise to warlordis, bossis, and sanctuaries
for vices and abuses.
2+
It would appear then that by vesting in the local e!ecutives the power to choose the
officers in $uestion, the Act went beyond the bounds of the %onstitution<s intent.
'ot so. #e find light in the principle of constitutional construction that every
presuption should be indulged in favor of constitutionality and the court in considering
the validity of the statute in $uestion should give it such reasonable construction as can
be reached to bring it within the fundaental
law.
2,
3nder the $uestioned provisions, which read as follows:
4. 1A&TI%I1ATI2' 27 .2%A. ,X,%3TIV,S I' T/,
A46I'IST&ATI2' 27 T/, 1'1.
Sec. *:. Powers of Local overnment !fficials over the P"P #nits or
Forces.
0overnors and ayors shall be deputi$ed as representatives of the
%oission in their respective territorial "urisdictions. %s such, the local
e!ecutives shall discharge the following functions:
a.B 1rovincial 0overnor H A:B . . .
The provincial governor shall choose the provincial director fro a list of
three A9B eligibles recoended by the 1'1 &egional 4irector.
;B . . . %ity and unicipal ayors shall have the following authority over
the 1'1 units in their respective "urisdictions:
i.B Authority to choose the chief of police fro a list of five A*B eligibles
recoended by the 1rovincial 1olice 4irector. . . . A,phasis oursB
full control reains with the 'ational 1olice %oission.
#e agree, and so hold, with the view of the Solicitor 0eneral that +there is no usurpation
of the power of control of the 'A12.%26 under Section *: because under this very
sae provision, it is clear that the local e!ecutives are only acting as representatives of
the 'A12.%26. . . . As such deputies, they are answerable to the 'A12.%26 for
their actions in the e!ercise of their functions under that section. Thus, unless
counteranded by the 'A12.%26, their acts are valid and binding as acts of the
'A12.%26.+
29
It is significant to note that the local officials, as 'A12.%26
representatives, will choose the officers concerned fro a list of eligibles Athose who
eet the general $ualifications for appointent to the 1'1B
)0
to be recoended by
1'1 officials.
The sae holding is true with respect to the contention on the operational supervision
and control e!ercised by the local officials. Those officials would siply be acting as
representatives of the %oission.
As regards the assertion involving the %ivil Service %oission, suffice it to say that
the $uestioned provisions, which read:
Sec. 9:. %ppointment of P"P !fficers and Members. H The Appointent
of the officers and ebers of the 1'1 shall be effected in the following
anner:
a.B 1olice 2fficer I to Senior 1olice 2fficer IV. H Appointed by the 1'1
regional director for regional personnel or by the %hief of the 1'1 for
national head$uarters personnel and attested by the %ivil Service
%oissionI
b.B Inspector to Superintendent. H Appointed by the %hief of the 1'1, as
recoended by their iediate superiors, and attested by the %ivil
Service %oissionI
c.B Senior Superintendent to 4eputy 4irectorC0eneral. H Appointed by the
1resident upon recoendation of the %hief of the 1'1, with proper
endorseent by the %hairan of the %ivil Service
%oission . . .
Sec. 98. Examinations for Policemen. H The %ivil Service %oission
shall adinister the $ualifying entrance e!ainations for policeen on the
basis of the standards set by the 'A12.%26.
precisely underscore the civilian character of the national police force, and will
undoubtedly professionali=e the sae.
The grant of disciplinary powers over 1'1 ebers to the +1eople<s .aw ,nforceent
-oards+ Aor the 1.,-B and city and unicipal ayors is also not in derogation of the
coission<s power of control over the 1'1.
1ursuant to the Act, the %oission e!ercises appellate "urisdiction, thru the regional
appellate boards, over decisions of both the 1.,- and the said ayors. This is so
under Section 8>AcB. 7urtherore, it is the %oission which shall issue the
ipleenting guidelines and procedures to be adopted by the 1.,- for in the conduct
of its hearings, and it ay assign 'A12.%26 hearing officers to act as legal
consultants of the 1.,-s ASection ;9Cd;, d*B.
As a disciplinary board priarily created to hear and decide citi=en<s coplaints against
erring officers and ebers of the 1'1, the establishent of 1.,-s in every city, and
unicipality would all the ore help professionali=e the police force.
1etitioner would li?ewise have this %ourt iagine that Section :8 of the $uestioned Act,
the pertinent portion of which reads:
Sec. :8. &elationship of the 'epartment with the 'epartment of "ational
'efense. H 4uring a period of twentyC four A8;B onths fro the
effectivity of this Act, the Ared 7orces of the 1hilippines AA71B shall
continue its present role of preserving the internal and e!ternal security of
the State: Provided, that said period ay be e!tended by the 1resident, if
he finds it "ustifiable, for another period not e!ceeding twentyCfour A8;B
onths, after which, the 4epartent shall autoatically ta?e over fro the
A71 the priary role of preserving internal security, leaving to the A71 its
priary role of preserving e!ternal security.
!!! !!! !!!
constitutes an +encroachent upon, interference with, and an abdication by the
1resident of, e!ecutive control and coanderCinCchief powers.+
That #e are not disposed to do for such is not the case at all here. A re"ection thus of
petitioner<s subission anent Section :8 of the Act should be in order in the light of the
following e!changes during the %2'%26 deliberations of #ednesday, 2ctober :,
:(D6:
!!! !!! !!!
6&. &24&I02. @ust a few $uestions. The 1resident of the 1hilippines is
the %oanderCinC%hief of all the ared forces.
6&. 'ATIVI4A4. Jes, 6ada 1resident.
6&. &24&I02. Since the national police is not integrated with the ared
forces, I do not suppose they coe under the %oanderCinC%hief
powers of the 1resident of the 1hilippines.
6&. 'ATIVI4A4. They do, 6ada 1resident. -y law they are under the
supervision and control of the 1resident of the 1hilippines.
6&. &24&I02. Jes, but the 1resident is not the %oanderCinC%hief of
the national police.
6&. 'ATIVI4A4. /e is the 1resident.
6&. &24&I02. Jes, the ,!ecutive. -ut they do not coe under that
specific provision that the 1resident is %oanderCinC%hief of all the
ared forces.
6&. 'ATIVI4A4. 'o, not under the %oanderCinC%hief provision.
6&. &24&I02. There are two other powers of the 1resident. The
1resident has control over departents, bureaus and offices, and
supervision over local governents. 3nder which does the police fall,
under control or under supervisionK
6&. 'ATIVI4A4. -oth, 6ada 1resident.
6&. &24&I02. %ontrol and Supervision.
6&. 'ATIVI4A4. Jes, in fact, the 'ational 1olice %oission is under
the 2ffice of the 1resident. A%2'%26 &,%2&4S, Vol. *, p. 8(6B
It thus becoes all too apparent then that the provision herein assailed precisely gives
uscle to and enforces the proposition that the national police force does not fall under
the %oanderCinC%hief powers of the 1resident. This is necessarily so since the police
force, not being integrated with the ilitary, is not a part of the Ared 7orces of the
1hilippines. As a civilian agency of the governent, it properly coes within, and is
sub"ect to, the e!ercise by the 1resident of the power of e!ecutive control.
%onse$uently, Section :8 does not constitute abdication of coanderCinCchief powers.
It siply provides for the transition period or process during which the national police
would gradually assue the civilian function of safeguarding the internal security of the
State. 3nder this instance, the 1resident, to repeat, abdicates nothing of his war
powers. It would bear to here state, in reiteration of the preponderant view, that the
1resident, as %oanderCinC%hief, is not a eber of the Ared 7orces. /e reains a
civilian whose duties under the %oanderCinC%hief provision +represent only a part of
the organic duties iposed upon hi. All his other functions are clearly civil in nature.+
)1
/is position as a civilian %oanderCinC%hief is consistent with, and a testaent to, the
constitutional principle that +civilian authority is, at all ties, supree over the ilitary.+
AArticle II, Section 9, :(D) %onstitutionB
7inally, petitioner subits that the creation of a +Special 2versight %oittee+ under
Section D; of the Act, especially the inclusion therein of soe legislators as ebers
Anaely: the respective %hairen of the %oittee on .ocal 0overnent and the
%oittee on 'ational 4efense and Security in the Senate, and the respective
%hairen of the %oittee on 1ublic 2rder and Security and the %oittee on
'ational 4efense in the /ouse of &epresentativesB is an +unconstitutional
encroachent upon and a diinution of, the 1resident<s power of control over all
e!ecutive departents, bureaus and offices.+
-ut there is not the least interference with the 1resident<s power of control under
Section D;. The Special 2versight %oittee is siply an ad hoc or transitory body,
established and tas?ed solely with planning and overseeing the iediate +transfer,
erger andLor absorption+ into the 4epartent of the Interior and .ocal 0overnents of
the +involved agencies.+ This it will underta?e in accordance with the phases of
ipleentation already laid down in Section D* of the Act and once this is carried out,
its functions as well as the coittee itself would cease altogether.
)2
As an ad hoc
body, its creation and the functions it e!ercises, decidedly do not constitute an
encroachent and in diinution of the power of control which properly belongs to the
1resident. #hat is ore, no e!ecutive departent, bureau or office is placed under the
control or authority, of the coittee.
))
As a last word, it would not be aiss to point out here that under the %onstitution, there
are the soCcalled independent %onstitutional %oissions, naely: The %ivil Service
%oission, %oission on Audit, and the %oission on ,lections. AArticle IXCA,
Section :B
As these %oissions perfor vital governental functions, they have to be protected
fro e!ternal influences and political pressures. /ence, they were ade constitutional
bodies, independent of and not under any departent of the governent.
)4
%ertainly,
they are not under the control of the 1resident.
The %onstitution also created an independent office called the +%oission on /uan
&ights.+ AArticle XIII, Section :)E:FB./owever, this %oission is not on the sae level
as the %onstitutional %oissions under Article IX, although it is independent li?e the
latter %oissions.
)*
It still had to be constituted thru ,!ecutive 2rder 'o. :69 Adated
6ay *, :(D)B.
In contrast, Article XVI, Section 6 thereof, erely andates the statutory creation of a
national police coission that will adinister and control the national police force to
be established thereunder.
This coission is, for obvious reasons, not in the sae category as the independent
%onstitutional %oissions of Article IX and the other constitutionally created
independent 2ffice, naely, the %oission on /uan &ights.
-y way of resue, the three %onstitutional %oissions A%ivil Service, Audit, ,lectionsB
and the additional coission created by the %onstitution A/uan &ightsB are all
independent of the ,!ecutiveI but the 'ational 1olice %oission is not.
)6
In fact, it
was stressed during the %2'%26 deliberations that this coission would be under
the 1resident, and hence ay be controlled by the 1resident, thru his or her alter ego,
the Secretary of the Interior and .ocal 0overnent.
#/,&,72&,, having in view all of the foregoing holdings, the instant petition is hereby
4IS6ISS,4 for lac? of erit.
S2 2&4,&,4.
"arvasa, C.(), Melencio*+errera, utierre$, (r), Cru$, Feliciano, Padilla, ,idin, ri-o*
%.uino, Medialdea, &egalado, 'avide, (r), &omero and "ocon, ((), concur)

Foo-'o-e.
: :(D) %onstitution.
8 4ec. :), :((> issue of 1hilippine Star.
9 Section (6, &A 6()*.
; Te!tboo? on :(D) %onstitution by /ector S. 4e .eon. :(D( ,d., p. *(D,
7ootnote 8:a.
* 14 'o. )6* AAug. D, :()(B.
6 The %onstitution by 4e .eon, Supra, at p. *(D.
) 7irst created by &A ;D6; under the 2ffice of the 1resident. 3nder &%
/012, the 'ational 1olice %oission created thereunder is a collegial
body within the 4epartent of the Interior and .ocal 0overnent A4I.0B
with the 4I.0 Secretary as ,! 2fficio %hairan of the %oission.
D The %onstitution by 4e .eon, Supra, at p. *((. See also ,!ec. 2rder
'o. :>:8, as aended by ,2 'os. :>8) and :>;>, dated @uly :>, :(D*.
( 3d., at p. *((, citing +The 1olice 3nder the 'ew %onstitution+, by %o.
Teodulo %. 'atividad, 6anila -ulletin, 2ctober :(D6.
:> 3bid., at p. *((C6>>.
:: %2'%26 &,%2&4S, Vol. *, p. 8(;.
:8 'ow Article XVI, Section *, par. ;.
:9 %2'%26 &ecords, Supra, at p. 8(9.
:; 3bid at page 8(;.
:* &ollo, pp. ; and ;).
:6 Article VII, Section :).
:) The %onstitution, A %oentary. -y 7r. @oa$uin -ernas, S.@., Vol. II,
8nd ,d. A:(DDB, p. 8>9C8>;.
:D () 1hil. :;9 A:(**B.
:( The %onstitution by -ernas, Supra, at p. 8>;.
8> 3bid.
8: 3bid.
88 3bid., at p. 8>;, citing Villena vs. Secretary of Interior, 6) 1hil. ;*:, ;6;
A:(9(B. Also .acsonC6agallanes %o., Inc. vs. 1ano, 8: S%&A D(* A:(6)B.
89 4e .eon vs. %arpio, :)D S%&A ;*) A:(D(B, thru @ustice Isagani A.
%ru=.
8; 4eclaration of 1olicy, Section 8, &.A. 6()*.
8* &ollo, p. ;.
86 %2'%26 &ecords, Vol. *, p. 8(9.
8) 3bid., at p. 8(9.
8D In re 0uarina, 8; 1hil. 9).
8( &ollo, p. 86.
9> Sec. 9>, &A 6()*. 0eneral Gualifications for Appointent. H 'o
person shall be appointed as officer or eber of the 1'1 unless he
possesses the following iniu $ualifications:
AaB A citi=en of the 1hilippinesI
AbB A person of good oral conductI
AcB 2f sound, ind and bodyI
AdB 6ust possess a foral baccalaureate degree for appointent as
officer and ust have finished at least second year college or the
e$uivalent of seventyCtwo A)8B collegiate units for appointent as nonC
officer or an e$uivalent training or e!perience for those already in the
service upon the effectivity of this Act:
AeB 6ust be eligible in accordance with the standards set by the
%oissionI
AfB 6ust not have been dishonorably discharged fro ilitary eployent
or disissed for cause fro any civilian position in the 0overnentI
AgB 6ust not have been convicted by final "udgent of an offense or crie
involving oral turpitudeI
AhB 6ust be at least one eter and si!tyCtwo centieters A:.68 .B in
height for ale and one eter and fiftyCseven centieters A:.*).B for
fealeI
AiB 6ust weigh not ore or less than five ?ilogras A* ?g.B of the standard
weight corresponding to his or her height, age, and se!I and
A"B 7or a new applicant, ust not be less than twentyCone A8:B nor ore
than thirty A9>Byears of age.
9: The %onstitution, A %oentary, by 7r. @oa$uin -ernas, S.@., Vol. II,
p. 8:8.
98 %266,'T of the Solicitor 0eneral, &ollo, p. 98.
99 3bid.
9; The %onstitution by -ernas. Supra at p. 98*.
9* 3bid., at p. *>:I %2'%26 &,%2&4S, Vol. IV, p. 9>.
96 3nder the Adinistrative %ode of :(D) Aspecifically Section )>I Subtitle
III of Title VIIIB, the old 'A12.%26 was placed under the 2ffice of the
1resident. 1rior to that, it was, for a tie, placed under the 6inistry of
@ustice. ,2 :>;> A:(D*B then transferred it bac? to the 2ffice of the
1resident.

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