"It is up to the appointing authority to determine if the official she will appoint will be good for the service" even if the new appointee will serve for less than a year, Lina said in Filipino.
Lina’s opinion was issued as a press statement in reaction to reports that incumbent PNP chief Director General Hermogenes Ebdane Jr. is set to step down prior to his scheduled retirement in December to accept a higher appointed post.
One of the top contenders for the PNP helm is Deputy Director General Edgar Aglipay, who also heads the PNP Anti-Illegal Drugs Special Operations Task Force (AIDSOTF). Aglipay is set to retire on Sept. 13, his 56th birthday.
Lina said there is no legal barrier for the appointment of Aglipay or any other retirable PNP officers to the post of top cop.
Lina cited a "statutory construction" that provides for resolution of conflict between two laws by adopting the provision in the newer law.
While Republic Act 6975 stipulates that PNP officers with less than one year left before retirement cannot become PNP chief, the newer RA 8551, or the PNP Law, supersedes RA 6975.
According to RA 8551, no member of the PNP who has less than one year of service left before reaching the mandatory retirement age of 56 may be appointed to any other position within the PNP - except for the PNP chief.
"If the President sees that an official must be given a chance to fix something in the organization, even if that official has only one month left, that is her prerogative to appoint the official," Lina said.
Department of the Interior and Local Government (DILG) Secretary Angelo Reyes made a statement similar to Lina’s, saying the PNP’s top post is still under the discretion of the President.
Noted legal luminaries led by constitutionalist Fr. Joaquin Bernas, S.J. and Justice Undersecretary Jose Calida both said the President has the prerogative to choose the PNP chief, even if her appointee is close to retirement age, if she believes her appointee is the best person for the job.
Ebdane doused reports earlier this month that there is a rift brewing between him and other police officials vying for the top PNP post, saying he and Aglipay are not at odds with each other over the issue of Ebdane’s retirement, reportedly to pave the way for Aglipay’s takeover.
Saying he is ready to bow out of service at any time, Ebdane added he is leaving a legacy of implemented reforms and a united PNP, despite the controversies that rocked his tenure as PNP chief.
Ebdane said he will abide by the President’s decision as "a good soldier," adding that "if there is an order, I will go." His retirement papers are already being processed.
He also said he intends to continue his six-month agenda for the PNP if he is allowed to remain at the top PNP post until December.
Ebdane initiated programs under the ONE PNP program, which focused on improving the competitiveness and integrity of the 114,000-strong police force. Education and training for PNP personnel were also given top priority during his tenure.
Ebdane, who is also a civic engineer, is also reportedly being considered among the candidates for secretary of Public Works and Highways, general manager of the Ninoy Aquino International Airport (NAIA) and chairman of the Subic Bay Metropolitan Authority (SBMA).