Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 300 views

    Limbona Vs Mangelin

    Uploaded by

    Ian Auro
    The Supreme Court ruled that the autonomous regions of the Philippines are granted decentralization of administration rather than decentralization of power. This means that while regional governments have administrative powers, the central government retains supervisory powers and the courts can review regional laws and actions. Specifically, the court found that the regional assembly's removal of Limbona as Speaker was invalid because Limbona had properly called a recess of the assembly and the regional rules did not clearly prohibit him from doing so. Therefore, Limbona was still the valid Speaker of the regional assembly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Limbona Vs Mangelin

    Uploaded by

    Ian Auro
    300 views2 pages
    The Supreme Court ruled that the autonomous regions of the Philippines are granted decentralization of administration rather than decentralization of power. This means that while regional governments have administrative powers, the central government retains supervisory powers and the courts can review regional laws and actions. Specifically, the court found that the regional assembly's removal of Limbona as Speaker was invalid because Limbona had properly called a recess of the assembly and the regional rules did not clearly prohibit him from doing so. Therefore, Limbona was still the valid Speaker of the regional assembly.

    Original Description:

    Public Corporation Law Digest - Limbona vs Mengelin

    Original Title

    Limbona vs Mangelin

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court ruled that the autonomous regions of the Philippines are granted decentralization of administration rather than decentralization of power. This means that while regional governments have administrative powers, the central government retains supervisory powers and the courts can review regional laws and actions. Specifically, the court found that the regional assembly's removal of Limbona as Speaker was invalid because Limbona had properly called a recess of the assembly and the regional rules did not clearly prohibit him from doing so. Therefore, Limbona was still the valid Speaker of the regional assembly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    300 views2 pages

    Limbona Vs Mangelin

    Uploaded by

    Ian Auro
    The Supreme Court ruled that the autonomous regions of the Philippines are granted decentralization of administration rather than decentralization of power. This means that while regional governments have administrative powers, the central government retains supervisory powers and the courts can review regional laws and actions. Specifically, the court found that the regional assembly's removal of Limbona as Speaker was invalid because Limbona had properly called a recess of the assembly and the regional rules did not clearly prohibit him from doing so. Therefore, Limbona was still the valid Speaker of the regional assembly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Limbona vs Mangelin

    G.R. No. 80391


    February 28, 1989
    Facts:
    Limbona was elected Speaker of the Regional Assembly of Central Mindanao. On
    October 21, 1987, Congressman Matalam invited Limbona in a
    consultation/dialogue with local government officials. Limbona accepted the
    invitation and informed the Assembly Members through the Assembly Secretary
    that there shall be no session in November as his presence was needed in the
    House Committee hearing of Congress.
    However, the Assembly held a meeting on November 2, 1987, and unseated
    Limbona from his position. Limbona prays for the session to be declared null and
    void and that he still be declared Speaker of the Regional Assembly.

    Pending the case, the SC also received a resolution from the Assembly expelling
    Limbonas membership.

    Issues:

    What is the extent of self-government given to the autonomous regions of


    Region XII?

    Held:
    Yes.

    Autonomy is either decentralization of administration or decentralization of


    power.
    Decentralization of Administration is the delegation by the central
    government of administrative powers to political subdivisions in order
    to broaden the base of government power and, in the process, to make
    local governments more responsive and accountable and ensure their
    development as self-reliant communities and make them more effective
    partners in the pursuit of national development and progress.
    It also relieves the central government of the burden of managing local affairs
    and enables it to concentrate on national concerns. An autonomous government
    under this category is under the supervision of the national government
    through the President. The President exercises supervision but has no
    control over them and does so only to ensure local affairs are administered
    according to law.
    Decentralization of Power, on the other hand, involves the abdication of
    power in favor of autonomous local governments. The autonomous
    government is free to manage its affairs with minimum intervention from
    central authorities. An autonomous government enjoying autonomy under this
    category is only subject to the organic act creating it and accepted
    principles on the effects & limits of autonomy.
    PD 1618 mandates that the President shall have the power of general
    supervision and control over autonomous regions. Hence, courts of law can
    assume jurisdiction. The courts can validly review the removal of Limbona as
    Speaker.
    Where a law is capable of 2 interpretations, one in favor of centralized power
    in Malacaang and the other beneficial to local autonomy, the scales must be
    weighed in favor of autonomy.
    Under Sec. 31 of Region XII Sanggunian Rules, sessions shall not be suspended
    or adjourned except by direction of the Sangguniang Pampook.

    However, the November 2 and 5, 1987 sessions are declared invalid since at the
    time Limbona called the recess, it was not a settled matter whether or not he
    could do so. Secondly, the invitation by the House of Representatives
    Committee on Muslim Affairs provides a plausible reason for the intermission
    sought. Also, assuming that a valid recess could not be called, it does not
    appear that respondents called his attention to his mistake. What appears is
    they opened the sessions themselves behind his back in an apparent act of
    mutiny. Under these circumstances, equity is on his side. The recess was
    called on the ground of good faith.

    You might also like