Rogelio O. Montero, lead counsel of Chief Superintendent Arturo Alit, said the newly appointed Engano could no longer invoke Section 13 of Republic Act 4864 because the law that established the Philippine National Police (PNP) and the BJMP under a reorganized Department of the Interior and Local Government has already repealed it.
He clarified that RA 6975 was signed into law in 1990 while RA 4864, otherwise known as the Police Act of 1966, was in effect when BJMP was not yet in existence.
Moreover, Montero said, RA 6975 also provides that the Civil Service Commission and its implementing rules and regulations shall apply to all personnel of the DILG and its various line bureaus like the BJMP.
In a case pending before a regional trial court in Quezon City, Engaño claimed that he is qualified to become chief of BJMP because he has satisfied the requirements of Section 13 of RA 4864 which states that a member of the Philippine bar is eligible to the highest position of the police service.
Engaño, a lawyer, used to be a member of the Manila Police, now Western Police District, before he joined BJMP.
Montero pointed out the repealing clause of Section 95 of RA 6975 states that "all laws, decrees, executive orders, rules and regulation, and other issuances of parts thereof which are inconsistent with this act (RA 6975) are hereby repealed, amended or modified accordingly," thereby nullifying RA 4864.
"Apparently, Senior Superintendent Engaño misread the law that no longer applied to him because it has become obsolete. In the first place, he is no longer a policeman but a senior official of BJMP. This being the case, he and other BJMP personnel should be governed by the rules and regulations of the Civil Service Commission," Montero explained.
Meanwhile, Engaño stressed his appointment by President Arroyo was consistent with civil service rules and procedures and passed the strict scrutiny of the search committee of the Presidential Management Staff.
Engaño also informed Civil Service Commission chairman Karina David yesterday that he more than satisfied the minimum qualification requirements for the post of BJMP chief which are specified under the rules of the bureau’s manual.
"My eligibilities and academic credentials are clearly superior to that of Chief Supt. Alit. I am a lawyer with a master of laws degree and master’s in public administration. Membership in the bar is the highest eligibility one can have in the uniformed service," Engaño pointed out.