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Republic Of The Phil. vs. Delfin Montano, Et Al.

REPUBLIC OF THE PHILIPPINES, petitioner, vs. PROVINCIAL GOVERNOR DELFIN MONTANO, ET AL., respondents.

G.R. No. L-28055 | 1967-10-30

D E C I S I O N 


CASTRO, J.: 

The parties are agreed that the Cavite Department of Public Safety possesses the nature, attributes, powers and functions of a police force. The issue here is whether a provincial government has the power, by necessary implication from certain express powers granted to it, to create a provincial police force, the parties admitting that there is no express or explicit statutory grant of power. Neither the need for such a body nor the wisdom of its creation is in question. The issue is simply one of implied power. 

In 1964 the provincial board of Cavite passed Resolution 27 creating a Department of...