In a six-page decision dated July 5, Quezon City Regional Trial Court Judge Ofelia Arellano-Marquez of Branch 216 ruled the motion for reconsideration filed by Senior Superintendent Josue Engano and another motion to prohibit Interior and Local Government Secretary Jose Lina, Jr. from continuing as acting director of BJMP as "without merit."
The decision reaffirms, among other things, the early decision of Judge Modesto Juanson, former presiding judge of Quezon City RTC Branch 216, that Engano does not possess the minimum qualifications as chief of BJMP, saying the provisions of RA 4864 (Police Act of 1966) and PD 1184 (Integrated National Police Professionalism of 1977) which Engano invoked are "inapplicable at the case at bar."
She said the applicable provision instead is found in RA 6975 (Department of the Interior and Local Government Act of 1990) which states that the Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department (DILG of which BJMP is an operating agency).
Earlier, Juanson ruled that Alit, being the highest-ranking official in the bureau with the rank of chief superintendent for more than one year and with CESO eligibility, is qualified to assume the position as head of BJMP.
Alit’s lawyers Rogelio Montero and Renato Cunanan said with the recent court decision, there is no more stumbling block for President Gloria Macapagal-Arroyo to appoint Alit as chief of the bureau in the interest of pubic service.