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    Reynaldo R. San Juan Vs CSC, DBM, Cecilia Almajose GR No. 92299, April 19, 1991

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    Joan Pablo
    The issue in this case was whether the DBM had the power to appoint a Provincial Budget Officer for Rizal province without violating principles of local autonomy. The petitioner, the provincial governor of Rizal, had nominated someone else for the position but the DBM appointed Cecilia Almajose instead. The Court ruled that under the Constitution, local governments have autonomy and the President only has supervisory powers over local governments as defined by statute. The DBM's power to override the governor's nomination if none of the nominees met requirements was found to be unconstitutional. The Court affirmed the principle of local autonomy in the Constitution.

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    Reynaldo R. San Juan Vs CSC, DBM, Cecilia Almajose GR No. 92299, April 19, 1991

    Uploaded by

    Joan Pablo
    162 views3 pages
    The issue in this case was whether the DBM had the power to appoint a Provincial Budget Officer for Rizal province without violating principles of local autonomy. The petitioner, the provincial governor of Rizal, had nominated someone else for the position but the DBM appointed Cecilia Almajose instead. The Court ruled that under the Constitution, local governments have autonomy and the President only has supervisory powers over local governments as defined by statute. The DBM's power to override the governor's nomination if none of the nominees met requirements was found to be unconstitutional. The Court affirmed the principle of local autonomy in the Constitution.

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    Reynaldo v CSC

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    The issue in this case was whether the DBM had the power to appoint a Provincial Budget Officer for Rizal province without violating principles of local autonomy. The petitioner, the provincial governor of Rizal, had nominated someone else for the position but the DBM appointed Cecilia Almajose instead. The Court ruled that under the Constitution, local governments have autonomy and the President only has supervisory powers over local governments as defined by statute. The DBM's power to override the governor's nomination if none of the nominees met requirements was found to be unconstitutional. The Court affirmed the principle of local autonomy in the Constitution.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    162 views3 pages

    Reynaldo R. San Juan Vs CSC, DBM, Cecilia Almajose GR No. 92299, April 19, 1991

    Uploaded by

    Joan Pablo
    The issue in this case was whether the DBM had the power to appoint a Provincial Budget Officer for Rizal province without violating principles of local autonomy. The petitioner, the provincial governor of Rizal, had nominated someone else for the position but the DBM appointed Cecilia Almajose instead. The Court ruled that under the Constitution, local governments have autonomy and the President only has supervisory powers over local governments as defined by statute. The DBM's power to override the governor's nomination if none of the nominees met requirements was found to be unconstitutional. The Court affirmed the principle of local autonomy in the Constitution.

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    Reynaldo R.

    San Juan vs CSC, DBM, Cecilia Almajose


    GR No. 92299, April 19, 1991
    FACTS:
    The position of Provincial Budget Officer for the Province of Rizal was left vacant on
    March 22, 1988.

    Provincial Governor, petitioner informed the Director of DBM that Ms. Dalisay Santos, then
    Municipal Budget Officer of Taytay, Rizal, assumed offices as Acting PBO since March 22,
    1988 and requested the Director of DBM to endorse the appointment of Ms. Santos to the
    position of PBO.

    DBM Regional Director found Cecilia Almajose, among the nominees of the petitioner to
    be the most qualified and recommended to the DBM Secretary the appointment of Almajose
    as PBO of Rizal, which the DBM USec signed the appointment papers of Almajose as PBO.

    Upon learning of Almajose’s appointment, petitioner wrote DBM Sec protesting against the
    said appointment on the grounds that the DBM Usec is not legally authorized to appoint
    the PBO, that Almajose lacks the required 3 yrs works experience as provided in Local Budget
    Circular No. 31, and that under EO No. 112, it is the Provincial Governor, not the Regional
    Director or a Congressman, who has the power to recommend nominees for the position of
    PBO.

    ISSUE:
    Whether or not the DBM has the power to appoint the PBO without violating the principle of
    Local Autonomy.

    RULING:
    We have to obey the clear mandate on local autonomy. Where a law is capable of two
    interpretations, one in favor of centralized power in Malacañang and the other beneficial to
    local autonomy, the scales must be weighed in favor of autonomy.

    The 1935 Constitution had no specific article on local autonomy but distinguished presidential
    control to supervision:
    "The President shall have control of all the executive departments, bureaus, or offices, exercise
    general supervision over all local governments as may be provided by law, and take care that the
    laws be faithfully executed. (Sec. 11, Article VII, 1935 Constitution)"

    The President controls the executive departments. He has no such power over local
    governments. He has only supervision and that supervision is both general and
    circumscribed by statute.

    Article II, S. 25, 1987 Constitution states:


    "Sec. 25. The State shall ensure the autonomy of local governments."
    The 14 sections in Article X, on Local Government not only reiterate earlier doctrines but give in
    greater detail the provisions making local autonomy more meaningful.
    "Sec. 2. The territorial and political subdivisions shall enjoy local autonomy.

    "Sec. 3. The Congress shall enact a local government code which shall provide for a more
    responsive and accountable local government structure instituted through a system of
    decentralization with effective mechanisms of recall, initiative, and referendum, allocate among
    the different local government units their powers, responsibilities, and resources, and provide for
    the qualifications, election, appointment and removal, term, salaries, powers and functions and
    duties of local officials, and all other matters relating to the organization and operation of the
    local units."

    The right given by Local Budget Circular No. 31 which states:


    Sec. 6.0 — The DBM reserves the right to fill up any existing vacancy where none of the
    nominees of the local chief executive meet the prescribed requirements.

    is ultra vires and is, accordingly, set aside.

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