PUBCORP DIGESTS Batch 2

IV.
MUNICIPAL AUTONOMY Court enjoined the Secretary of Local Government from further issuing suspension
A. DEFINITION orders.
Ganzon v. CA
G.R. No. 93252 | August 5, 1991 | SARMIENTO, J Ratio: Notwithstanding the change in the constitutional language, the charter did not
Digest by: ZABALA intend to divest the legislature of its right or the President of her prerogative as
conferred by existing legislation to provide administrative sanctions against local
Petitioners: RODOLFO T. GANZON (Mayor of Iloilo City)
officials. The omission signifies nothing more than to underscore local governments'
Respondents: CA and LUIS T. SANTOS (Secretary of Department of Local
autonomy from congress and to break Congress' "control" over local government
Government)
affairs. The Constitution did not, however, intend, for the sake of local autonomy, to
deprive the legislature of all authority over municipal corporations, in particular,
Doctrine:
concerning discipline.
Local autonomy means "a more responsive and accountable local government
structure instituted through a system of decentralization." Notwithstanding the Local autonomy means "a more responsive and accountable local government
change in the constitutional language, the charter did not intend to divest the structure instituted through a system of decentralization." Under the Constitution, it
legislature of its right or the President of her prerogative as conferred by existing involves a mere decentralization of administration, not of power.
legislation to provide administrative sanctions against local officials. ● There is decentralization of administration when the central government
delegates administrative powers to political subdivisions in order to broaden
Facts: the base of government power. At the same time, it relieves the central
10 administrative complaints were filed against the Mayor of Iloilo City, Mayor government of the burden of managing local affairs and enables it to
Ganzon. concentrate on national concerns. The President exercises "general
● The complaints were filed by various city officials on various charges, among supervision" over them, but only to "ensure that local affairs are administered
them, abuse of authority, oppression, grave misconduct, disgraceful and according to law." He has no control over their acts in the sense that he can
immoral conduct, intimidation, culpable violation of the Constitution, and substitute their judgments with his own.
arbitrary detention. (for a more detailed narration of the charges, see ● Decentralization of power, on the other hand, involves an abdication of
additional facts after dispositive portion) political power in the favor of local governments units declared to be
During the investigation and the hearings of the cases, Mayor Ganzon filed several autonomous. In that case, the autonomous government is free to chart its
postponements. Secretary of the Department of Local Government then issued three own destiny and shape its future with minimum intervention from central
preventive suspensions against Mayor Ganzon, each lasting 60 days, pursuant to the authorities. It amounts to "self-immolation," since in that event, the
Local Government Code. autonomous government becomes accountable not to the central authorities
but to its constituency
In the instant case, Mayor Ganzon's argues that the Secretary of Local Government is
devoid of any authority to suspend and remove local officials. It is noteworthy that:
● According to him, the 1987 Constitution no longer allows the President, as 1. under the Charter, "local autonomy" is not instantly self-executing, but subject to,
the 1935 and 1973 Constitutions did, to exercise the power of suspension among other things, the passage of a local government code, a local tax law, income
and/or removal over local officials, based from the deletion of the phrase “as distribution legislation, and a national representation law, and measures designed to
provided by law” in the Sec 04, Art X of the 1987 Constitution. realize autonomy at the local level.
● Sec 04, Art X 1987 Constitution: 2. in spite of autonomy, the Constitution places the local government under the
Sec. 4. The President of the Philippines shall exercise general supervision general supervision of the Executive.
over local governments. Provinces with respect to component cities and 3. the Charter allows Congress to include in the local government code provisions for
municipalities, and cities and municipalities with respect to component removal of local officials, which suggest that Congress may exercise removal powers,
barangays shall ensure that the acts of their component units are within the and as the existing Local Government Code has done, delegate its exercise to the
scope of their prescribed powers and functions President.
● Counterpart in the previous Constitutions:
Sec. 10. The President shall have control of all the executive departments, The successive sixty-day suspensions imposed on Mayor Rodolfo Ganzon is
bureaus, or offices, exercise general supervision over all Local governments albeit another matter. What bothers the Court, and what indeed looms very large, is
as may be provided by law, and take care that the laws be faithfully the fact that since the Mayor is facing ten administrative charges, the Mayor is in fact
executed. facing the possibility of 600 days of suspension, in the event that all ten cases yield
Issue/s: WON the Secretary of Local Government, as the President's alter ego, can prima facie findings.
suspend and/or remove local officials. ---- YES. However, in this case particularly, the ● The Court is not of course tolerating misfeasance in public office (assuming
that Mayor Ganzon is guilty of misfeasance) but it is certainly another
PUBCORP 2-D Digests | 1
question to make him serve 600 days of suspension, which is effectively, to ● As for the case filed by a brgy tanod, he was appointed by the former mayor,
suspend him out of office. and was later arrested without warrant even if no charges were brought
● It is also to make, to all intents and purposes, his suspension permanent. against him
● It is also, in fact, to mete out punishment in spite of the fact that the Mayor's
guilt has not been proven. Worse, any absolution will be for naught because
needless to say, the length of his suspension would have, by the time he is
reinstated, wiped out his tenure considerably.
The Court is not to be mistaken for obstructing the efforts of the respondent Secretary
to see that justice is done in Iloilo City, yet it is hardly any argument to inflict on Mayor
Ganzon successive suspensions when apparently, the respondent Secretary has had
sufficient time to gather the necessary evidence to build a case against the Mayor
without suspending him a day longer.
Dispositive:
We are therefore allowing Mayor Rodolfo Ganzon to suffer the duration of his third
suspension and lifting, for the purpose, the Temporary Restraining Order earlier
issued. Insofar as the seven remaining charges are concerned, we are urging the
Department of Local Government, upon the finality of this Decision, to undertake
steps to expedite the same, subject to Mayor Ganzon's usual remedies of appeal,
judicial or administrative, or certiorari, if warranted, and meanwhile, we are precluding
the Secretary from meting out further suspensions based on those remaining
complaints, notwithstanding findings of prima facie evidence.
Complaints against the Mayor:

● When the City Health Clerk (Mrs. Cabaluna) supported the Mayor’s rival
candidate, the Mayor puller her out from rightful office and assigned her to a
work that should be the function of a non-career service employee. To make
matters worse, a utility worker replaced her from her office.
● As for the Assistant City Health Officer of Iloilo City, she claims that the
petitioner handpicked her to perform task not befitting her position, her office
was padlocked, her salary was withheld without cause, and given the run-
around treatment in the approval of her leave. She was also the the object of
a well-engineered trumped-up charge in an administrative complaint.
● As for the cases filed by the Vice-Mayor of Iloilo City and members of the
Sangguniang Panglunsod, their complaint arose from the case where
Councilor Larry Ong, whose key to his office was unceremoniously and
without previous notice, taken by petitioner. Without an office, Councilor Ong
had to hold office at Plaza Libertad, The Vice-Mayor and the other
complainants sympathized with him and decided to do the same. However,
the petitioner, together with its fully-armed security men, forcefully drove
them away from Plaza Libertad. Councilor Ong denounced the petitioner's
actuations the following day in the radio station and decided to hold office at
the Freedom Grandstand at Iloilo City and there were so many people who
gathered to witness the incident. However, before the group could reach the
area, the petitioner, together with his security men, led the firemen using a
firetruck in dozing water to the people and the bystanders.

Joson v. Torres investigate to the DILG or a special investigating committee, as may be
G.R. No.131255 | May 20, 1998 | J. Puno constituted by the Disciplining Authority. This is not undue delegation,
Digest by: REYES contrary to Petitioner Joson’s claim.
● Under the doctrine of qualified political agency, “…all executive and
Petitioners: HON. EDUARDO NONATO JOSON
administrative organizations are adjuncts of the Executive Department, the
Respondents: EXECUTIVE SECRETARY RUBEN D. TORRES, the
heads of the various executive departments are assistants and agents of the
DEPARTMENT OF THE INTERIOR & LOCAL GOVERNMENTS, et al. Chief Executive, and, except in cases where the Chief Executive is required
by the Constitution or law to act in person or the exigencies of the situation
Doctrine:
demand that he act personally, the multifarious executive and administrative
The power of the President over administrative disciplinary cases against elective functions of the Chief Executive are performed by and through the executive
local officials is derived from his power of general supervision over local departments, and the acts of the Secretaries of such departments,
governments. The power to discipline evidently includes the power to investigate. performed and promulgated in the regular course of business, are, unless
As the President has the power to investigate complaints against local government disapproved or reprobated by the Chief Executive presumptively the acts of
officials, A.O. 23 nevertheless delegates the power to investigate to the DILG or a the Chief Executive”
Special Investigating Committee as may be constituted by the Disciplining ● This doctrine is corollary to the control power of the President. The power of
Authority. This is not undue delegation as the President remains the disciplining
control is provided in the Constitution. Control is said to be the very heart of
authority. What is delegated is the power to investigate, not the power to discipline. the power of the Presidency. As head of the Executive Department, the
President, however, may delegate some of his powers to the Cabinet
Facts: members except when he is required by the Constitution to act in person or
● Respondent Torres filed a complaint against petitioner Governor Joson for the exigencies of the situation demand that he acts personally. The
barging violently into the session hall of the Sangguniang Panlalawigan with members of Cabinet may act for and in behalf of the President in certain
the company of armed men. The case was endorsed to the DILG. Petitioner matters because the President cannot be expected to exercise his control
was declared in default and was ordered 60-day preventive suspension for (and supervisory) powers personally all the time. Each head of a department
failure to file an answer after three (3) extensions. is, and must be, the President's alter ego in the matters of that department
● Petitioner later filed a “Motion to Conduct Formal Investigation”. DILG denied where the President is required by law to exercise authority
the motion declaring that the submission of position papers substantially
complies with the requirements of procedural due process in administrative
proceedings. Dispositive:
● Later, the Executive Secretary, by authority of the President, adopted the WHEREFORE, the Resolution of January 8, 1998 of the public respondent Executive
findings and recommendation of the DILG Secretary. He imposed on Secretary is declared null and void and is set aside.
petitioner the penalty of suspension from office for six (6) months without
pay.
● Petitioner argues that there is undue delegation of power to the DILG and
that this motion should not be dismissed because of the submission of
position papers.
Issue/s:
● W/N the resolution of the DILG Secretary is invalid on the ground of undue
delegation -- that it is the President who is the disciplining authority, not the
Secretary of DILG? – NO
Ratio:
● The DILG’s delegation of power is valid. The President remains the
disciplining authority. What is delegated is the power to investigate, not the
power to discipline. The power to discipline evidently includes the power to
investigate. As the Disciplining Authority, the President has the power
derived from the Constitution itself to investigate complaints against local
government officials. A.O. No. 23, however, delegates the power to

Basco v. PAGCOR 1. Gambling in all its forms, unless allowed by law, is generally prohibited. But the
G.R. No. 91649 | May 14, 1991 | PARAS, J. prohibition of gambling does not mean that the Government cannot regulate it in the
Digest by: NAVARRO exercise of its police power.
● Police power is the "state authority to enact legislation that may interfere with
Petitioners: ATTORNEYS HUMBERTO BASCO, EDILBERTO BALCE,
personal liberty or property in order to promote the general welfare."
SOCRATES MARANAN AND LORENZO SANCHEZ
● P.D. 1869 was enacted pursuant to the policy of the government to "regulate
Respondents: PHILIPPINE AMUSEMENTS AND GAMING CORPORATION
and centralize thru an appropriate institution all games of chance authorized
(PAGCOR)
by existing franchise or permitted by law". Regulating and centralizing
gambling operations in one corporate entity, was beneficial not just to the
Doctrine:
Government but to society in general.
The principle of local autonomy under the 1987 Constitution simply means ● It is a reliable source of much needed revenue for the cash strapped
"decentralization". It does not make local governments sovereign within the state or Government. It provided funds for social impact projects and subjected
an "imperium in imperio." gambling to "close scrutiny, regulation, supervision and control of the
Facts: Government".
● The Philippine Amusements and Gaming Corporation (PAGCOR) was ● With the creation of PAGCOR and the direct intervention of the Government,
created by virtue of P.D. 1067-A and was granted a franchise under P.D. the evil practices and corruptions that go with gambling will be minimized if
1067-B "to establish, operate and maintain gambling casinos on land or not totally eradicated. Public welfare, then, lies at the bottom of the
water within the territorial jurisdiction of the Philippines." enactment of PD 1896.
● Subsequently, PAGCOR was created under P.D. 1869 to enable the 2. The City of Manila, being a mere Municipal corporation has no inherent right to
Government to regulate and centralize all games of chance authorized by impose taxes.
existing franchise or permitted by law. ● Its "power to tax" therefore must always yield to a legislative act which is
● Petitioners filed the instant petition seeking to annul the Philippine superior having been passed upon by the state itself which has the "inherent
Amusement and Gaming Corporation (PAGCOR) Charter — PD 1869, power to tax."
because it is allegedly contrary to morals, public policy and order, and ● Congress has the power of control over Local governments. And if Congress
because: can grant the City of Manila the power to tax certain matters, it can also
o It constitutes a waiver of a right prejudicial to a third person with a provide for exemptions or even take back the power.
right recognized by law. It waived the Manila City government's ● Since PD 1869 remains an "operative" law until "amended, repealed or
right to impose taxes and license fees, which is recognized by revoked", its "exemption clause" remains as an exception to the
law; exercise of the power of local governments to impose taxes and fees. It
o For the same reason stated in the immediately preceding cannot therefore be violative but rather is consistent with the principle
paragraph, the law has intruded into the local government's of local autonomy.
right to impose local taxes and license fees. This, in ○ The principle of local autonomy under the 1987 Constitution
contravention of the constitutionally enshrined principle of simply means "decentralization". It does not make local
local autonomy; governments sovereign within the state or an "imperium in
o It violates the equal protection clause of the constitution in that it imperio."
legalizes PAGCOR — conducted gambling, while most other forms ○ Local government can only mean a measure of
of gambling are outlawed, together with prostitution, drug trafficking decentralization of the function of government.
and other vices; ○ The matter of regulating, taxing or otherwise dealing with
o It violates the avowed trend of the Cory government away from gambling is a State concern and hence, it is the sole
monopolistic and crony economy, and toward free enterprise and prerogative of the State to retain it or delegate it to local
privatization. governments.
Issue/s: 3. The equal protection clause does not preclude classification of individuals who may
1. W/N PAGCOR’s charter is contrary to morals, public policy and order -- NO be accorded different treatment under the law as long as the classification is not
2. W/N PAGCOR’s charter is inconsistent with the principle of local unreasonable or arbitrary.
autonomy since petitioners allege that the charter waived Manila City’s ● The Constitution does not require situations which are different in fact or
right to impose taxes and license fees, which is recognized by law -- opinion to be treated in law as though they were the same.
NO (MAIN ISSUE: DECENTRALIZATION) Dispositive:
3. WN PAGCOR’s charter violates the equal protection clause WHEREFORE, the petition is DISMISSED for lack of merit.
Datu Zaldy Uy Ampatuan v. Hon. Ronaldo Puno
Ratio: G.R. No. 190259 | June 7, 2011 | En Banc
Digest by: MANZANO ● FURTHERMORE, there was no unlawful exercise of emergency powers
because the situation is not the one contemplated by Section 23 (2), Article
Petitioners: DATU ZALDY UY AMPATUAN, ANSARUDDIN ADIONG, REGIE
VI of the Constitution1 because:
SAHALI-GENERALE ○ The President did not proclaim a national emergency, only a state of
Respondents: HON. RONALDO PUNO, in his capacity as Secretary of the
emergency in the three places mentioned.
Department of Interior and Local Government and alter-ego of President Gloria ○ She did not act pursuant to any law enacted by Congress that
Macapagal-Arroyo, and anyone acting in his stead and on behalf of the President authorized her to exercise extraordinary powers.
of the Philippines, ARMED FORCES OF THE PHILIPPINES (AFP), or any of their ○ It was part of her calling out powers, which the Constitution directly
units operating in the Autonomous Region in Muslim Mindanao (ARMM), and vests to the President
PHILIPPINE NATIONAL POLICE, or any of their units operating in ARMM ● The President may call on the armed forces to prevent or suppress lawless
violence as provided in Section 18, Article VII. While it is true that the Court
Doctrine: There is no take over of control by the national government, if the rules
may inquire into the factual bases for the Presidents exercise of the above
on succession, as provided for by law, is followed. power, it would generally defer to her judgment on the matter, unless there
is grave abuse of discretion.
Facts: ● The Court takes note that the President, as Commander-in-Chief has a vast
● One day after the Maguindanao Massacre where 57 men and women were intelligence network to gather information, some of which may be classified
killed, Pres. Arroyo issued Proclamation 1946 placing the Provinces of as highly confidential or affecting the security of the state.
Maguindanao and Sultan Kudarat and the City of Cotabato under a state of ● In this case, the petitioner failed to prove that the declaration of State of
emergency. Emergency and the exercise of calling out powers had no factual basis
● She directed the AFP and PNP to undertake such measures as may be allowed ● The OSG explained the factual basis for such actions by the President:
by the Constitution and by law to prevent and suppress all incidents of lawless ○ The Ampatuan and Mangudadatu clans are prominent families engaged
violence in the named places. in the political control of Maguindanao. It is also a known fact that both
● 3 days later, Pres. Arroyo also issued AO 273 transferring supervision of the families have an arsenal of armed followers who hold elective positions in
Autonomous Region of Muslim Mindanao (ARMM) from the Office of the various parts of the ARMM and the rest of Mindanao.
President to the Department of Interior and Local Government (DILG). It was ○ Some of the victims were part of the Mangudadatu while the perpetrators
later amended and used the term “delegating” rather than “transferring.” were the Ampatuans, both the military and police had to prepare for and
● The petitioners, who are ARMM officials claim that the issuances were violative prevent reported retaliatory actions from the Mangudadatu clan and
of ARMM’s autonomy, based on the Constitution and the Expanded ARMM Act. additional offensive measures from the Ampatuan clan.
They claim that the AO empowered the DILG Secretary to take over the ○ Basically, the imminence of violence and anarchy
operations of the ARMM and seize the regional government’s power. Dispositive:
Accordingly, it gave the DILG Secretary the control over ARMM because he WHEREFORE, the petition is DISMISSED for lack of merit.
could suspend and/or replace ARMM officials
● The petitioners also claim that the President had no factual basis in declaring a
state of emergency, thus, it was an invalid exercise of emergency powers
● The OSG claims that Proclamation 1946 does not deprive ARMM of its
autonomy, and it was issued pursuant to the president’s calling-out power as
Commander-in-Chief. Also, AO 273 only delegated her supervisory powers of
the ARMM to the DILG Secretary, who is her alter ego any way.
Issue/s:
● W/N Proclamation 1946 and AOs 273 and 273-A violate the principle of local
autonomy under Section 16, Article X of the Constitution, and Section 1, Article
V of the Expanded ARMM Organic Act - NO
Ratio:
● The DILG Secretary did not take over control of the powers of the ARMM.
After law enforcement agents took the Governor of ARMM into custody for 1 In times of war or other national emergency, the Congress may, by law, authorize the
alleged complicity in the Maguindanao massacre, ARMM Vice-Governor President, for a limited period and subject to such restrictions as it may prescribe, to exercise
Ansaruddin Adiong, assumed the vacated pursuant to the rule on succession powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn
by resolution of the Congress, such powers shall cease upon the next adjournment thereof.
B. DEVOLUTION AND DECONCENTRATION authorized to reappoint devolved personnel and may designate an employee
Plaza v. Cassion to take charge of a department until the appointment of a regular head.
G.R. No. | Date | Ponente ● Section 17 of the LGC authorizes the devolution of personnel, assets and
Digest by: KEE liabilities, records of basic services and facilities of a national government
agency to local government units. “Devolution” refers to the act by which the
Petitioners: DEMOCRITO D. PLAZA II and VIRGINIA V. TUAZON
national government confers power and authority upon the various local
Respondents: CAROLINA M. CASSION, ALBERTA M. SAMPAYAN, JOSEPHINE
government units to perform specific functions.
NATALIA U. LOPEZ, JOCELYN M. ALMANZOR, LUZVIMINDA G. ARDECER, ● President Corazon Aquino issued EO 503 to ensure the efficient transfer of
MAGDALENA S. BALACUIT, WINDELYN B. CABUSAO, JULIETA R. JANDAYAN, responsibilities. Section 2(g) provides:
NERI O. SAMUYA, INES V. YAOYAO, TERESITA I. ROSALES, MARIA DEBRA ○ The local chief executive shall be responsible for all devolved
M. LANAJA, RUTH O. NICOLASURA functions. He may delegate such powers and functions to his duly
authorized representative whose position shall preferably not be
Doctrine:
lower than the rank of a local government department head.
The local chief executive is authorized by the Local Government Code to reappoint ● Section 22 of CSC Memorandum Circular No. 19 also provides:
devolved personnel and designate an employee to take charge of a department ○ "The positions absorbed by the local government units from the
until the appointment of a regular head. national government agencies shall be automatically created upon
transfer of their corresponding budgetary allocation.
Facts: ○ "Devolved permanent personnel shall be automatically reappointed
● Upon the passage of the LGC, some of the functions of DSWD were by the local chief executive concerned immediately upon their
transferred to local government units. The City of Butuan, through its transfer.
Sangguniang Panglungsod (Sanggunian) passed SP Resolution 427-92 ○ "However, pending the completion of the new organizational
“Resolution Authorizing the City Mayor, Honorable Democrito D. Plaza II, to structure and sta􏰀ng pattern, the local government executives may
Sign the Memorandum of Agreement for the Devolution of the DSWD to the assign devolved personnel to divisions/sections/units where their
City of Butuan.” quali􏰀cations are best suited or appropriate."
● Pursuant to the MOA, DSWD’s services, personnel, assets and liabilitiies ● Further, the CSC Memorandum Circular also provides that the heads of
and technical support systems were transferred to its city counterpart. Mayor departments appointed by the local chief executive must have concurrence
Plaza issued EO 06-92 reconstituting the City Social Services Development of the majority of all the members of the Sanggunian concerned. The
Office (CSSDO) devolving or adding 19 national DSWD employees thereto, Sanggunian later confirmed her appointment.
which will be headed by Virginia Tuazon. The latter was designated as ● The change of Cassion et al’s work place from the original CSSDO office to
Officer-in-Charge of the CSSDO. the DSWD is not a transfer. It was only a physical transfer done in the
● The CSSDO was originally composed of Cassion et al (respondents herein), interest of public service.
headed by Carolina M. Cassion. Aggrieved, they refused to recognize
Tuazon as their new head and to report at the DSWD building. They assailed Dispositive:
the validity of EO 06-92 and designation of Tuazon. WHEREFORE, the Decision dated February 14, 1996 of the Court of Appeals is
● Despite Mayor’s series of orders to Cassion et al to report for work at the REVERSED. The CSC Resolution No. 94-4626 dated August 22, 1994, and
DSWD building, they failed to do so. They charged administratively for grave Resolution No. 94-6243 dated November 17, 1994 dropping private respondents from
misconduct and insubordination and were suspended for 60 days. They the rolls are AFFIRMED.
informed Mayor Plaza that they were willing to return to work but to their old
office, not to DSWD Building.
● Mayor issued an Order dropping them from the rolls. The CSC issued
Resolutions affirming Mayor’s Order. CA: Set aside the CSC Resolutions
and EO 06-92, reinstating Cassion et al’s positions.
Issue/s:
● W/N Mayor Plaza was authorized to devolve the national DSWD employees
and appoint a new head of CSSDO? - Yes
Ratio:
● Mayor Plaza is empowered to issue EO 06-92 to give effect to the devolution
decreed by the LGC. As the local chief executive of Butuan City, he is
Pimentel v. Executive Sec. c. Coordinate the implementation/operationalization of sectoral
G.R. No. | Date | Ponente activities at the City/Municipal level to better execute Program
Digest by: JOSEF objectives and functions
d. Coordinate with various concerned government agencies at the
Petitioners: AQUILINO Q. PIMENTEL, JR., SERGIO TADEO and NELSON
local level, sectoral representatives and NGO to ensure effective
ALCANTARA Program implementation.
Respondents: EXECUTIVE SECRETARY PAQUITO N. OCHOA and
● Petitioners argue that the CCP should not be implemented primarily through
SECRETARY CORAZON JULIANO-SOLIMAN OF THE DEPARTMENT OF a national agency like DSWD but instead through the LGUs. They argue that
SOCIAL WELFARE and DEVELOPMENT (DSWD) the responsibility and functions of delivering social welfare, agriculture and
Doctrine:
health care services have been devolved to the LGUs pursuant to Section 17
Under the Philippine concept of local autonomy, the national government has not of Republic Act No. 7160, also known as the Local Government Code of
completely relinquished all its powers over local governments, including 1991, in relation to Section 25, Article II & Section 3, Article X of the 1987
autonomous regions. Only administrative powers over local affairs are delegated to Constitution.
political subdivisions. The purpose of the delegation is to make governance more ● Petitioners assert that giving the DSWD full control over the identification of
directly responsive and effective at the local levels. In turn, economic, political and beneficiaries and the manner by which services are to be delivered or
social development at the smaller political units are expected to propel social and conditionalities are to be complied with, instead of allocating the P21 Billion
economic growth and development. But to enable the country to develop as a CCTP Budget directly to the LGUs that would have enhanced its delivery of
whole, the programs and policies effected locally must be integrated and basic services, results in the "recentralization" of basic government
coordinated towards a common national goal. Thus, policy-setting for the entire functions, which is contrary to the precepts of local autonomy and the
country still lies in the President and Congress. avowed policy of decentralization.
Facts: Issue: W/N the P21 billion CCTP Budget allocation under the DSWD in the GAA FY
2011 violates art II, Sec 25 and Art X Sec 3 of the 1987 Constitution in relation to Sec.
● In 2007, the DSWD embarked on a poverty reduction strategy with the 17 of the Local Government Code of 1991 by providing for the recentralization of the
poorest of the poor as target beneficiaries. Dubbed "Ahon Pamilyang national government in the delivery of the basic services already devolved to the
Pilipino," it was pre-pilot tested in the municipalities in Agusan del Sur; the LGUs
municipalities in Misamis Occidental, the Caraga Region; and the cities of —NO. The allocation of a P21 billion budget for an intervention program
Pasay and Caloocan upon the release of the amount of P50 Million Pesos formulated by the national government itself but implemented in partnership
under a Special Allotment Release Order (SARO) issued by the Department with the local government units to achieve the common national goal can by
of Budget and Management. no means be an encroachment upon the autonomy of local governments.
● In 2008, the DSWD issued Administrative Order No. 16, series of 2008 (A.O.
No. 16, s. 2008), setting the implementing guidelines for the project renamed Ruling:
"Pantawid Pamilyang Pilipino Program" (4Ps). The Constitution declares it a policy of the State to ensure the autonomy of local
● This government intervention scheme, also conveniently referred to as governments and even devotes a full article on the subject of local governance 15
CCTP, "provides cash grant to extreme poor households to allow the which includes the following pertinent provisions:
members of the families to meet certain human development goals."
● After an assessment on the appropriate assistance package, a household Section 3. The Congress shall enact a local government code which shall
beneficiary could receive from the government an annual subsidy for its provide for a more responsive and accountable local government structure
basic needs up to an amount of P15,000.00, under the certain conditions, instituted through a system of decentralization with effective mechanisms of
such as: … e) Children 6-14 years of age are enrolled in schools and attend recall, initiative, and referendum, allocate among the different local
at least 85% of the time. government units their powers, responsibilities, and resources, and provide
● Congress sought to ensure the success of the CCTP by providing it with for the qualifications, election, appointment and removal, term, salaries,
funding under the GAA. The biggest allotment given to the CCTP was in the powers and functions and duties of local officials, and all other matters
GAA of 2011 at P21,194,117,000.00. relating to the organization and operation of the local units.
● As the DSWD takes on the role of lead implementing agency that must
"oversee and coordinate the implementation, monitoring and evaluation of In order to fully secure to the LGUs the genuine and meaningful autonomy that would
the program," the concerned LGU as partner agency is particularly tasked to: develop them into self-reliant communities and effective partners in the attainment of
b. Provide necessary technical assistance for Program national goals, Section 17 of the Local Government Code vested upon the LGUs the
implementation duties and functions pertaining to the delivery of basic services and facilities, as
follows:
of government power and in the process to make local governments ‘more responsive
SECTION 17. Basic Services and Facilities. – and accountable’ and ‘ensure their fullest development as self-reliant communities
(a) Local government units shall endeavor to be self-reliant and shall and make them more effective partners in the pursuit of national development and
continue exercising the powers and discharging the duties and functions social progress.’ At the same time, it relieves the central government of the burden of
currently vested upon them. They shall also discharge the functions and managing local affairs and enables it to concentrate on national concerns. The
responsibilities of national agencies and offices devolved to them pursuant to President exercises ‘general supervision’ over them, but only to ‘ensure that local
this Code. Local government units shall likewise exercise such other powers affairs are administered according to law.’ He has no control over their acts in the
and discharge such other functions and responsibilities as are necessary, sense that he can substitute their judgments with his own.
appropriate, or incidental to efficient and effective provision of the basic
services and facilities enumerated herein. Decentralization of power, on the other hand, involves an abdication of political power
(b) Such basic services and facilities include, but are not limited to, x x x. in the [sic] favor of local governments [sic] units declared to be autonomous. In that
While the aforementioned provision charges the LGUs to take on the case, the autonomous government is free to chart its own destiny and shape its future
functions and responsibilities that have already been devolved upon them with minimum intervention from central authorities. According to a constitutional
from the national agencies on the aspect of providing for basic services author, decentralization of power amounts to ‘self-immolation,’ since in that event, the
and facilities in their respective jurisdictions, paragraph (c) of the same autonomous government becomes accountable not to the central authorities but to its
provision provides a categorical exception of cases involving nationally- constituency.
funded projects, facilities, programs and services, thus: Indeed, a complete relinquishment of central government powers on the matter of
providing basic facilities and services cannot be implied as the Local Government
The essence of this express reservation of power by the national government is that, Code itself weighs against it. The national government is, thus, not precluded from
unless an LGU is particularly designated as the implementing agency, it has no power taking a direct hand in the formulation and implementation of national development
over a program for which funding has been provided by the national government programs especially where it is implemented locally in coordination with the LGUs
under the annual general appropriations act, even if the program involves the delivery concerned.
of basic services within the jurisdiction of the LGU.
Dispositive: WHEREFORE, premises considered, the petition is hereby
While it is through a system of decentralization that the State shall promote a more DISMISSED.
responsive and accountable local government structure, the concept of local
autonomy does not imply the conversion of local government units into "mini-states."
With local autonomy, the Constitution did nothing more than "to break up the
monopoly of the national government over the affairs of the local government" and,
thus, did not intend to sever "the relation of partnership and interdependence between
the central administration and local government units."
Under the Philippine concept of local autonomy, the national government has not
completely relinquished all its powers over local governments, including autonomous
regions. Only administrative powers over local affairs are delegated to political
subdivisions. The purpose of the delegation is to make governance more directly
responsive and effective at the local levels. In turn, economic, political and social
development at the smaller political units are expected to propel social and economic
growth and development. But to enable the country to develop as a whole, the
programs and policies effected locally must be integrated and coordinated towards a
common national goal. Thus, policy-setting for the entire country still lies in the
President and Congress.
Certainly, to yield unreserved power of governance to the local government unit as to
preclude any and all involvement by the national government in programs
implemented in the local level would be to shift the tide of monopolistic power to the
other extreme, which would amount to a decentralization of power e as beyond our
constitutional concept of autonomy, thus:
Now, autonomy is either decentralization of administration or decentralization of
power. There is decentralization of administration when the central government
delegates administrative powers to political subdivisions in order to broaden the base
C. EXECUTIVE SUPERVISION
Province of Negros Occidental v. Commissioners, Commission on Audit ● It is clear from Section 1 of AO 103 that the President authorized all
G.R. No.182574 | September 28,10’ | Justice Carpio agencies of the national government as well as LGUs to grant the maximum
Digest by: INFANTE amount of P2,000 productivity incentive benefit to each employee who has
rendered at least one year of service as of 31 December 1993.
Petitioners: THE PROVINCE OF NEGROS OCCIDENTAL, represented by its
● In Section 2, the President enjoined all heads of government offices and
Governor ISIDRO P. ZAYCO agencies from granting productivity incentive benefits or any and all similar
Respondents: THE COMMISSIONERS, COMMISSION ON AUDIT; THE
forms of allowances and benefits without the President’s prior approval.
DIRECTOR, CLUSTER IV-VISAYAS; THE REGIONAL CLUSTER DIRECTORS; ● From a close reading of the provisions of AO 103, petitioner did not violate
and THE PROVINCIAL AUDITOR, NEGROS OCCIDENTAL the rule of prior approval from the President since Section 2 states that the
prohibition applies only to “government offices/agencies, including
Doctrine:
government-owned and/or controlled corporations, as well as their
The President’s power of general supervision means the power of a superior officer respective governing boards.”
to see to it that subordinates perform their functions according to law. Since LGUs ● Nowhere is it indicated in Section 2 that the prohibition also applies to LGUs.
are subject only to the power of general supervision of the President, the ● Since LGUs are subject only to the power of general supervision of the
President’s authority is limited to seeing to it that rules are followed and laws are President, the President’s authority is limited to seeing to it that rules are
faithfully executed. followed and laws are faithfully executed.
● The President may only point out that rules have not been followed but the
President cannot lay down the rules, neither does he have the discretion to
Facts: modify or replace the rules.
● The Sangguniang Panlalawigan of Negros Occidental passed a resolution ● Thus, consistent with the state policy of local autonomy as guaranteed by
allocating P4,000,000 of its retained earnings for the hospitalization and the 1987 Constitution, under Section 25, Article II and Section 2, Article X,
health care insurance benefits of 1,949 officials and employees of the and the Local Government Code of 1991, we declare that the grant and
province. The Committee on Awards granted the insurance coverage to release of the hospitalization and health care insurance benefits given to
Philam Care Health System Incorporated (Philam Care). petitioner’s officials and employees were validly enacted through an
● Petitioner Province of Negros Occidental, and Philam Care entered into a ordinance passed by petitioner’s Sangguniang Panlalawigan.
Group Health Care Agreement with a total payment of ₱3,760,000
representing the insurance premiums of its officials and employees. Dispositive:
● After a post-audit investigation, the Provincial Auditor issued Notice of WHEREFORE, we GRANT the petition. We REVERSE AND SET ASIDE Decision
Suspension suspending the premium payment because of lack of approval No. 2006-044 dated 14 July 2006 and Decision No. 2008-010 dated 30 January 2008
from the Office of the President as provided under Administrative Order No. of the Commission on Audit.
103 (AO 103).
● Then President Joseph E. Estrada directed the COA to lift the suspension
but only in the amount of P100,000. The Provincial Auditor however ignored
the directive of the President. The COA ruled that under AO 103, no
government entity, including a local government unit, is exempt from
securing prior approval from the President granting additional benefits to its
personnel. This is in conformity with the policy on standardization and
compensation laid down under RA 6758
Issue/s:
● Whether or not COA committed grave abuse of discretion in affirming the
disallowance of P3,760,000 for premium paid for the hospitalization and
health care insurance benefits granted by the Province of Negros Occidental
to its 1,949 officials and employees. - YESSIR
Ratio:
National Liga ng mga Barangay v. Paredes ● On August 4, 1997, Judge Paredes issued the assailed order, granting the
G.R. No. 130775 | September 27, 2004 | Tinga, J. DILG the authority to appoint an interim caretaker for the Liga, using as
Digest by: HAM basis the President’s power of supervision over local governments.
● Petitioners assail the order as being violative of due process as they were
Petitioners: THE NATIONAL LIGA NG MGA BARANGAY, represented by ALEX
divested of their authority as president and board members of the Liga when
L. DAVID in his capacity as National President and for his own person, President it allowed the DILG to appoint an interim caretaker for the Liga, and that the
ALEX L. DAVID President’s power of general supervision of local governments does not
Respondents: HON. VICTORIA ISABEL A. PAREDES, Presiding Judge RTC
apply to the Liga as it is not a local government unit.
Branch 124 Caloocan City, and the DEPARTMENT OF INTERIOR AND LOCAL
GOVERNMENT, represented by SEC. ROBERT Z. BARBERS and MANUEL A. Issue/s:
RAYOS ● W/N the President’s power of general supervision of local governments
extend to the Liga ng mga Barangay - YES.
Doctrine:
● W/N the respondent judge gravely abused its discretion in allowing the DILG
The President’s power of general supervision over local government, which it to appoint an interim caretaker for the Liga - YES.
exercises through the DILG, extends to the Liga ng mga Barangay. However, such
power of general supervision does not come with it the power of control, and thus Ratio:
the DILG cannot alter or modify the acts of the Liga ng mga Barangay, especially in
the conduct of the election of the Liga’s officers. ISSUE 1
● In the case of Bito-Onon v. Fernandez, the Court has ruled that the
Facts: President’s power of general supervision of local governments extends to
● On June 11, 1997, respondent Manuel Rayos, Punong Barangay (PB) of the Liga ng mga Barangay.
Brgy 52 in Caloocan City, filed a petition for prohibition and mandamus, with ○ The rationale for making the Liga subject to the DILG is quite
prayer for TRO, alleging that Alex David, PB of Brgy 77, then-President of evident. The Liga is an aggroupment of barangays which in turn are
both the Caloocan and National Liga ng mga Barangay Chapters, committed represented by their respective Punong Barangays. The
certain irregularities in the notice, venue, and conduct of the proposed representatives of the Liga sit in an ex-officio capacity at the
synchronized Liga ng mga Barangay elections in 1997. municipal, city, and provincial sanggunians.
● Said TRO was granted but was not properly served on David and thus the ○ As such, they enjoy all the powers and discharge all the
election continued, with David being elected as Caloocan Liga President and functions of regular municipal councilors, city councilors, or
became the ex-officio member of the Sangunniang Panlungsod of Caloocan. provincial board members, as the case may be. Thus, the Liga is
● Thereafter, Rayos filed a second petition for quo warranto, prohibition, and the vehicle through which the barangay participates in the
mandamus with prayer for TRO, this time alleging that he was the true enactment of ordinances and formulation of policies at all the
winner of the Liga elections in the Caloocan chapter pursuant to a resolution legislative local levels higher than the Sangunniang Barangay, at
made by the Liga Caloocan chapter. the same time serving as the mechanism for the bottom-to-top
● On July 18, the court granted the TRO and enjoined David and DILG approach of development.
Secretary Barbers from proceeding with the (subsequent) synchronized ISSUE 2
election for 72 hours. ● When the respondent judge eventually appointed the DILG as interim
o In its response, the DILG Secretary prayed that it be allowed to caretaker to manage and administer the affairs of the Liga, she effectively
appoint a caretaker for managing the Liga ng mga Barangay removed the management from the National Liga Board and vested control
pending the election of new officers, invoking the President’s power of the Liga on the DILG.
of general supervision. ● The acts of the DILG went beyond the sphere of general supervision and
● While the case was pending, DILG Undersecretary Manuel Sanchez issued constituted direct interference with the political affairs, not only of the Liga,
Memorandum Circular No. 97-176 and 97-193. but more importantly, of the barangay as an institution when it took over as
o According to the MC 97-176, pending appointment of an Interim interim caretaker of the Liga.
Caretaker of the Liga, local governments were not to recognize any ● In succession, the DILG assumed stewardship and jurisdiction over the Liga
Liga Presidents in the Metropolitan or Provincial levels until further affairs, issued supplemental guidelines for the elections and nullified the
notice, and that all were to disregard any pronouncements to be effects of the Liga-conducted elections. Clearly, what the DILG wielded was
made by David relating to affairs and matters of the Liga. the power of control which even the President does not have.
o MC 97-193, on the other hand, provided supplemental guidelines ● As the entity exercising supervision over the Liga, the DILG’s authority over
for the 1997 synchronized elections of the metropolitan and the Liga is limited to seeing to it that the rules are followed, but it cannot lay
provincial chapters of the Liga.
down such rules itself, nor does it have the discretion to modify or replace
them.
Dispositive:
WHEREFORE, the Petition is GRANTED. The Order of the Regional Trial Court
dated 04 August 1997 is SET ASIDE for having been issued with grave abuse of
discretion amounting to lack or excess of jurisdiction. DILG Memorandum Circulars
No. 97-176 and No. 97-193, are declared VOID for being unconstitutional and ultra
vires. No pronouncements as to costs.

Drilon v. Lim ● More importantly, it declared Section 187 of the Local Government Code as
G.R. No. 112497| August 4, 1994 | CRUZ, J. unconstitutional because of its vesture in the Secretary of Justice of the
Digest by: FAJARDO power of control over local governments in violation of the policy of local
autonomy mandated in the Constitution and of the specific provision therein
Petitioners: HON. FRANKLIN M. DRILON, in his capacity as SECRETARY OF
conferring on the President of the Philippines only the power of supervision
JUSTICE, over local governments.
Respondents: MAYOR ALFREDO S. LIM, VICE-MAYOR JOSE L. ATIENZA,
CITY TREASURER ANTHONY ACEVEDO, SANGGUNIANG PANGLUNSOD AND ● The Secretary argues that the annulled Section 187 is constitutional and that
THE CITY OF MANILA, the procedural requirements for the enactment of tax ordinances as specified
in the Local Government Code had indeed not been observed.
Doctrine:
The familiar distinction between control and supervision, the first being "the power Issue/s:
of an officer to alter or modify or set aside what a subordinate officer had done in ● W/N Section 187 of the Local Government Code is constitutional – YES
the performance of his duties and to substitute the judgment of the former for the
latter," while the second is "the power of a superior officer to see to it that lower Ratio:
officers perform their functions in accordance with law. ● The lower court was rather hasty in invalidating the provision.
In the exercise of this jurisdiction, lower courts are advised to act with the
utmost circumspection, bearing in mind the consequences of a declaration of
Facts: unconstitutionality upon the stability of laws, no less than on the doctrine of
● The principal issue in this case is the constitutionality of Section 187 of the separation of powers
Local Government Code reading as follows:
o Procedure For Approval And Effectivity Of Tax Ordinances And ● The familiar distinction between control and supervision, the first being "the
Revenue Measures; Mandatory Public Hearings. — The procedure power of an officer to alter or modify or set aside what a subordinate officer
for approval of local tax ordinances and revenue measures shall be had done in the performance of his duties and to substitute the judgment of
in accordance with the provisions of this Code: Provided, That the former for the latter," while the second is "the power of a superior officer
public hearings shall be conducted for the purpose prior to the to see to it that lower officers perform their functions in accordance with law."
enactment thereof; Provided, further, That any question on the
constitutionality or legality of tax ordinances or revenue ● Section 187 authorizes the Secretary of Justice to review only the
measures may be raised on appeal within thirty (30) days from constitutionality or legality of the tax ordinance and, if warranted, to revoke it
the effectivity thereof to the Secretary of Justice who shall on either or both of these grounds. When he alters or modifies or sets aside
render a decision within sixty (60) days from the date of receipt a tax ordinance, he is not also permitted to substitute his own judgment for
of the appeal: Provided, however, That such appeal shall not have the judgment of the local government that enacted the measure.
the effect of suspending the effectivity of the ordinance and the
accrual and payment of the tax, fee, or charge levied therein: ● Secretary Drilon did set aside the Manila Revenue Code, but he did not
Provided, finally, That within thirty (30) days after receipt of the replace it with his own version of what the Code should be. He did not
decision or the lapse of the sixty-day period without the Secretary of pronounce the ordinance unwise or unreasonable as a basis for its
Justice acting upon the appeal, the aggrieved party may file annulment. He did not say that in his judgment it was a bad law. What he
appropriate proceedings with a court of competent jurisdiction. found only was that it was illegal.
● Pursuant thereto, the Secretary of Justice Drilon had, on appeal to him of ● All he did in reviewing the said measure was determine if the petitioners
four oil companies and a taxpayer, declared Ordinance No. 7794, otherwise were performing their functions in accordance with law, that is, with the
known as the Manila Revenue Code, null and void for non-compliance with prescribed procedure for the enactment of tax ordinances and the grant of
the prescribed procedure in the enactment of tax ordinances and for powers to the city government under the Local Government Code. As we
containing certain provisions contrary to law and public policy. see it, that was an act not of control but of mere supervision.
● Judge Rodolfo C. Palattao of the RTC of Manila revoked the Secretary's ● An officer in control lays down the rules in the doing of an act. If they are not
resolution and sustained the ordinance, holding inter alia that the procedural followed, he may, in his discretion, order the act undone or re-done by his
requirements had been observed. subordinate or he may even decide to do it himself. Supervision does not
cover such authority. The supervisor or superintendent merely sees to it that
the rules are followed, but he himself does not lay down such rules, nor does
he have the discretion to modify or replace them.
● If the rules are not observed, he may order the work done or re-done but
only to conform to the prescribed rules. He may not prescribe his own
manner for the doing of the act. He has no judgment on this matter except to
see to it that the rules are followed.
● In the opinion of the Court, Secretary Drilon did precisely this, and no more
nor less than this, and so performed an act not of control but of mere
supervision.
(NOT IMPORTANT BUT INCASE SIR ASKS)
● The issue of non-compliance with the prescribed procedure in the enactment

of the Manila Revenue Code is another matter.
o We have agree with the trial court that the procedural requirements
have indeed been observed. Notices of the public hearings were
sent to interested parties as evidenced by Exhibits the proposed
ordinances were published in the Balita and the Manila Standard
and the approved ordinance was published in the July 3, 4, 5, 1993
issues of the Manila Standard and in the July 6, 1993 issue of Balita
o The only exceptions are the posting of the ordinance as approved
but this omission does not affect its validity, considering that its
publication in three successive issues of a newspaper of general
circulation will satisfy due process. It has also not been shown that
the text of the ordinance has been translated and disseminated, but
this requirement applies to the approval of local development plans
and public investment programs of the local government unit and
not to tax ordinances.
● We make no ruling on the substantive provisions of the Manila Revenue

Code as their validity has not been raised in issue in the present petition.
Dispositive:
WHEREFORE, the judgment is hereby rendered REVERSING the challenged
decision of the Regional Trial Court insofar as it declared Section 187 of the Local
Government Code unconstitutional but AFFIRMING its finding that the procedural
requirements in the enactment of the Manila Revenue Code have been observed. No
pronouncement as to costs.

San Juan v. CSC GOVERNOR, NOT the Regional Director, or Congressman, who has the
G.R. No. | Date | Ponente power to recommend nominees for the position of PBO.
Digest by: DY ● DBM, through its Director of the Bureau of Legal & Legislative Affairs (BLLA)
Virgilio A. Afurung, issued a Memorandum ruling that the petitioner's letter-
Petitioners: Governor Reynaldo San Juan (Governor of Rizal)
protest is not meritorious considering that public respondent DBM validly
Respondents: CIVIL SERVICE COMMISSION, DEPARTMENT OF BUDGET AND
exercised its prerogative in filling-up the contested position since none of the
MANAGEMENT and CECILIA ALMAJOSE petitioner's nominees met the prescribed requirements.
o Petitioner’s MR is denied
Doctrine:
The law provides that the budget officer will be appointed by the Department head Issue/s:
upon recommendation of the head of the local government. None however of those ● W/N The Appointment of Almajose by the DBM Undersecretary is valid –
recommended by the local government head meets the requirements of law. The NOPE
department head can’t just choose any other person, he must return the
recommendations and ask for new ones. Ratio:
● Section 1 of Executive Order No. 112 provides that:
Facts:
● March 1988 - The position of Provincial Budget Officer (PBO) for Rizal was ○ Sec. 1. All budget officers of provinces, cities and municipalities
left vacant by its former holder shall be appointed henceforth by the Minister of Budget and
● April 1988 - In a letter, Petitioner informed Director Abella of DBM Region 4 Management upon recommendation of the local chief executive
that Ms. DALISAY SANTOS assumed office as acting PBO since March concerned, subject to civil service law, rules and regulations, and
1988 pursuant to a memorandum issued by Petitioner. Petitioner also they shall be placed under the administrative control and technical
endorsed Dalisay Santos for appointment to the position of PBO of Rizal. supervision of the Ministry of Budget and Management.
Dalisay Santos was the Municipal Budget Officer of Taytay, Rizal before ● The tug of war between the Secretary of Budget and Management and the
acting as PBO. Governor of the premier province of Rizal over a seemingly innocuous
● July 1988 - In a Memorandum issued by Director Abella of DBM Reg. 4, he position involves the application of a most important constitutional policy and
recommended the appointment of CECILIA ALMAJOSE to the position of principle, that of local autonomy. We have to obey the clear mandate on
PBO of Rizal local autonomy. Where a law is capable of two interpretations, one in favor
o He averred that Almajose was the most qualified since she was the of centralized power in Malacañang and the other beneficial to local
only CPA among the contenders. autonomy, the scales must be weighed in favor of autonomy.
● DBM Undersecretary Cabuquit signed the appointment papers of Almajose ● When the Civil Service Commission interpreted the recommending power of
as PBO of Rizal upon the recommendation of DIrector Abella. the Provincial Governor as purely directory, it went against the letter and
● August 1988 - Petitioner further reiterated his request for the appointment of spirit of the constitutional provisions on local autonomy. If the DBM Secretary
Daisy Santos as PBO, unaware of the appointment of Almajose. jealously hoards the entirety of budgetary powers and ignores the right of
● DBM Regional Director Galvez wrote to petitioner that Daisy Santos did not local governments to develop self-reliance and resoluteness in the handling
meet the requirements under Local Budget Circular No. 31 for the position of of their own funds, the goal of meaningful local autonomy is frustrated and
local budget officer set back.
o Requirements to be Provincial Budget officer: ● The PBO is expected to synchronize his work with DBM. More important,
▪ Filipino Citizen however, is the proper administration of fiscal affairs at the local level.
▪ Good Moral Character Provincial and municipal budgets are prepared at the local level and after
▪ Degree Holder in Law, Commerce, Public Administration, completion are forwarded to the national officials for review. They are
or any related course from a recognized college or prepared by the local officials who must work within the constraints of those
university budgets.
▪ a first grade civil service eligibility or its equivalent ● It is for this reason that the nomination and appointment process involves a
▪ 5 years (3 years?) experience in budgeting or any related sharing of power between the two levels of government.
field ● The law provides that the budget officer will be appointed by the Department
● Petitioner contested the appointed of Almajose on the ground that the DBM head upon recommendation of the head of the local government. None
Undersecretary is not legally authorized to appoint the PBO, and that however of those recommended by the local government head meets the
Almajose lacks the required number of work experience under the Local requirements of law. The department head can’t just choose any other
Budget Circular, and that under E.O. No. 112, it is the PROVINCIAL person, he must return the recommendations and ask for new ones.

Dispositive:
WHEREFORE, the petition is hereby GRANTED. The questioned resolutions of the
Civil Service Commission are SET ASIDE. The appointment of respondent Cecilia
Almajose is nullified. The Department of Budget and Management is ordered to
appoint the Provincial Budget Officer of Rizal from among qualified nominees
submitted by the Provincial Governor.

Mactan Cebu International Airport Authority v. Marcos instrumentalities in Section 133(o), but only the phrase Republic of the Philippines or
G.R. No. 120082 | September 11, 1996 | DAVIDE JR any of its political subdivisions in Section 234(a).
Digest by: ZABALA
An agency of the Government refers to any of the various units of the Government,
Petitioners: MACTAN CEBU INTERNATIONAL AIRPORT AUTHORITY including a department, bureau, office, instrumentality, or government-owned or
Respondents: HON. FERDINAND J. MARCOS controlled corporation, or a local government or a distinct unit therein; while an
instrumentality refers to any agency of the National Government, not integrated
Doctrine: within the department framework, vested with special functions or jurisdiction by law,
(Put Doctrine Here) endowed with some if not all corporate powers, administering special funds, and
enjoying operational autonomy, usually through a charter. This term includes
regulatory agencies, chartered institutions and government-owned and controlled
Facts:
corporations.
Mactan Cebu International Airport Authority (MCIAA), since the time of its
creation,menjoyed the privilege of exemption from payment of realty taxes in If Section 234(a) intended to extend the exception therein to the withdrawal of the
accordance with Section 14 of its Charter. However in 1994, the Office of the exemption from payment of real property taxes under the last sentence of the said
Treasurer of Cebu, demanded for the payment of realty taxes on several parcels of section to the agencies and instrumentalities of the National Government mentioned
land belonging to the petitioner. in Section 133(o), then it should have restated the wording of the latter. Yet, it did not.
MCIAA objected to such demand for payment as baseless and unjustified and Note that as reproduced in Section 234(a), the phrase and any government-owned or
asserted that it is an instrumentality of the government performing governmental controlled corporation so exempt by its charter was excluded. The justification for this
functions, which puts limitations on the taxing powers of local government units. restricted exemption in Section 234(a) seems obvious: to limit further tax exemption
privileges, especially in light of the general provision on withdrawal of tax exemption
The City refused to cancel and set aside petitioner’s realty tax account, insisting that
privileges in Section 193 and the special provision on withdrawal of exemption from
the MCIAA is a government controlled corporation whose tax exemption privilege has
payment of real property taxes in the last paragraph of Section 234.
been withdrawn by virtue of Sections 193 and 234 of the Local Government Code
(LGC), and not an instrumentality of the government but merely a government owned
These policy considerations are consistent with the State policy to ensure autonomy
corporation performing proprietary functions.
to local governments and the objective of the LGC that they enjoy genuine and
Issue: WON MCIAA is exempted from paying real property taxes ---- NO meaningful local autonomy to enable them to attain their fullest development as self-
reliant communities and make them effective partners in the attainment of national
goals.’
Ratio:
Since the last paragraph of Section 234 unequivocally withdrew, upon the effectivity The power to tax is the most effective instrument to raise needed revenues to finance
of the LGC, exemptions from payment of real property taxes granted to natural or and support myriad activities of local government units for the delivery of basic
juridical persons, including government-owned or controlled corporations, and the services essential to the promotion of the general welfare and the enhancement of
petitioner is, undoubtedly, a government-owned corporation, it necessarily follows that peace, progress, and prosperity of the people. It may also be relevant to recall that
its exemption from such tax granted it in Section 14 of its Charter, R.A. No. 6958, has the original reasons for the withdrawal of tax exemption privileges granted to
been withdrawn. government-owned and controlled corporations and all other units of government
were that such privilege resulted in serious tax base erosion and distortions in the tax
Any claim to the contrary can only be justified if the petitioner can seek refuge under treatment of similarly situated enterprises, and there was a need for these entities to
any of the exceptions provided in Section 234, in light of the petitioners theory that it share in the requirements of development, fiscal or otherwise, by paying the taxes
is an instrumentality of the Government, it could only be within the first item of the first and other charges due from them
paragraph of section 234 by expanding the scope of the term Republic of the
Philippines to embrace its instrumentalities and agencies.
● Sec 234(a): real property owned by the Republic of the Philippines, or any of Dispositive:
its political subdivisions except when the beneficial use thereof has been WHEREFORE, the instant petition is DENIED. The challenged decision and order of
granted, for consideration or otherwise, to a taxable person. the Regional Trial Court of Cebu, Branch 20, in Civil Case No. CEB-16900 are
AFFIRMED.
This view does not persuade us. In the first place, the petitioners claim that it is an
instrumentality of the Government is based on Section 133(o), which expressly
mentions the word instrumentalities; and, in the second place, it fails to consider the
fact that the legislature used the phrase National Government, its agencies and
D. LEGISLATIVE CONTROL
Lina v. Pano Ratio:
G.R. No.129093 | August 30, 2001 | QUISUMBING, J ● As a policy statement expressing the local government’s objection to the
Digest by: YBAÑEZ lotto, such resolution is valid. This is part of the local government’s
autonomy to air its views which may be contrary to that of the national
Petitioners: HON. JOSE D. LINA, JR., SANGGUNIANG PANLALAWIGAN OF
government’s.
LAGUNA, and HON. CALIXTO CATAQUIZ ● This freedom to exercise contrary views does not mean that local
Respondents: HON. FRANCISCO DIZON PAÑO and TONY CALVENTO
governments may actually enact ordinances that go against laws duly
enacted by Congress. Thus, the assailed resolution in this case could not
Doctrine:
and should not be interpreted as a measure or ordinance prohibiting the
(Put Doctrine Here) operation of lotto.
● Power of local government units to legislate and enact ordinances and
Facts: resolutions is merely a delegated power coming from Congress. As held in
● In 1995, respondent Tony Calvento was appointed agent by the Philippine Tatel vs. Virac, ordinances should not contravene an existing statute
Charity Sweepstakes Office (PCSO) to install Terminal OM 20 for the enacted by Congress.The reasons are found in Magtajas v. Pryce
Properties:
operation of lotto. He asked Mayor Calixto Cataquiz, Mayor of San Pedro,
○ Municipal governments are only agents of the national government.
Laguna, for a mayor's permit to open the lotto outlet. Local councils exercise only delegated legislative powers conferred
● The permit was denied by the mayor saying that an ordinance passed by the upon them by Congress as the national lawmaking body. The
Sangguniang Panlalawigan (Kapasiyahan Bilang 508) was issued.2 delegate cannot be superior to the principal or exercise powers
● Calvento filed for declaratory relief, for mayor Cataquiz to issue the business higher than those of the latter.
permit and an order declaring the Kapasiyahan invalid. ○ It is a heresy to suggest that the local government units can undo
● Respondent judge Pano of the RTC decided in favor of Calvento. the acts of Congress, from which they have derived their power in
the first place, and negate by mere ordinance the mandate of the
● Petitioners assert that the assailed resolution is a valid policy declaration of
statute.
the Provincial Government of Laguna, a valid exercise of the province’s ○ We know of no limitation on the right so far as the corporation
police power under the General Welfare Clause under the LGC. themselves are concerned. They are, so to phrase it, the mere
● Calvento asserts that the resolution in effect curtailed the power of the state tenants at will of the legislature
since the national legislature itself had previously declared that lotto is legal ● Thus, there is also nothing in the Constitution that provides that the decision
and its operations are permitted. in Magtajas is against it:
○ Congress retains control of the local government units although in
Issue/s: W/N the assailed resolution is valid - YES. The resolution expresses merely significantly reduced degree now than under our previous
a policy statement of the Laguna provincial board. Constitutions. The power to create still includes the power to
destroy. The power to grant still includes the power to withhold or
recall.
○ True, there are certain notable innovations in the Constitution, like
2 ISANG KAPASIYAHAN TINUTUTULAN ANG MGA "ILLEGAL GAMBLING" LALO NA ANG LOTTO SA the direct conferment on the local government units of the power to
LALAWIGAN NG LAGUNA tax (citing Art. X, Sec. 5, Constitution), which cannot now be
SAPAGKA'T, ang sugal dito sa lalawigan ng Laguna ay talamak na;
withdrawn by mere statute. By and large, however, the national
legislature is still the principal of the local government units, which
SAPAGKA'T, ang sugal ay nagdudulot ng masasamang impluwensiya lalo't higit sa mga kabataan; cannot defy its will or modify or violate
KUNG KAYA'T DAHIL DITO, at sa mungkahi nina Kgg. Kgd. Juan M. Unico at Kgg. Kgd. Gat-Ala A. Alatiit,
pinangalawahan ni Kgg. Kgd. Meliton C. Larano at buong pagkakaisang sinangayunan ng lahat ng dumalo sa Dispositive:
pulong; WHEREFORE, the petition is DENIED for lack of merit. The Order of the Regional
Trial Court of San Pedro, Laguna enjoining the petitioners from implementing or
IPINASIYA, na tutulan gaya ng dito ay mahigpit na TINUTUTULAN ang ano mang uri ng sugal dito sa
lalawigan ng Laguna lalo't higit ang Lotto;
enforcing Resolution or Kapasiyahan Blg. 508, T. 1995, of the Provincial Board of
Laguna is hereby AFFIRMED. No costs.
IPINASIYA PA RIN na hilingin tulad ng dito ay hinihiling sa Panlalawigang pinuno ng Philippine National Police
(PNP) Col. [illegible] na mahigpit na pag-ibayuhin ang pagsugpo sa lahat ng uri ng illegal na sugal sa buong
lalawigan ng Laguna lalo na ang "Jueteng".

Lim v. Pacquing 5. Aug. 1975: PD No. 771 issued by Marcos. Section 3 thereof, expressly revoked
G.R. Nos. 115044 & 117263 | January 27, 1995 | Justice Padilla all existing franchises and permits issued by local governments
Digest by: TORIO
6. Associated Development Corp (ADC) is an operator of jai-alai. In an earlier civil
Petitioners: HON. ALFREDO S. LIM, in his capacity as Mayor of Manila, and the
case (GR 115044), Judge Pacquing ordered Manila City Mayor Alfredo Lim to issue
City of Manila, petitioners (GR 115044) the permit/license to operate jai-alai in favor of ADC. ADC moved to execute the
TEOFISTO GUINGONA, JR. and DOMINADOR R. CEPEDA (GR 117263) judgment to operate jai-alai in Manila. Executive Secretary Guingona, however,
ordered the chairman of GAB (Francisco Sumulong, Jr) to hold in abeyance the grant
Respondents: HON. FELIPE G. PACQUING, as Judge, branch 40, Regional Trial
of authority or if any had been issued, to withdraw such grant until the ff questions are
Court of Manila and ASSOCIATED CORPORATION, respondents. (GR 115044) resolved:
HON. VETINO REYES and ASSOCIATED DEVELOPMENT CORPORATION, a. Whether P.D. 771 which revoked all existing Jai-Alai franchisers issued by local
respondents. (GR 117263) governments as of 20 August 1975 is unconstitutional.
b.Assuming that the City of Manila had the power on 7 September 1971 to issue a
Jai-Alai franchise to Associated Development Corporation, whether the franchise
Doctrine:
granted is valid considering that the franchise has no duration, and appears to be
The authority to grant franchises for the operation of jai-alai frontons is in granted in perpetuity.
Congress, while the regulatory function is vested in the Games and Amusement c.Whether the City of Manila had the power to issue a Jai-Alai franchise to Associated
Board. Development Corporation on 7 September 1971 in view of executive Order No. 392
dated 1 January 1951 which transferred from local governments to the Games and
Facts: Amusements Board the power to regulate Jai-Alai.
1. June 18, 1946: RA 409 (Charter of Manila City) was enacted.
Sec. 18. Legislative Powers. — The Municipal Board shall have the following 7. ADC filed before the RTC a petition to prevent GAB from withdrawing the
legislative powers: provisional authority. Judge Reyes granted the TRO. Republic of the Philippines, thru
xxx xxx xxx GAB, filed a motion to intervene. Judge Reyes issued another order compelling
(jj) To tax, license, permit and regulate wagers or betting by the public on Guingona and GAB to issue in favor of ADC the authority to operate jai-alai.
boxing, sipa, bowling, billiards, pools, horse and dog races, cockpits, jai-alai, roller or
ice-skating on any sporting or athletic contests, as well as grant exclusive rights to 9. Guingona and the new GAB chairman (Dominador Cepeda, Jr) filed a separate
establishments for this purpose, notwithstanding any existing law to the contrary. petition (GR 117263) assailing the orders of Judge Reyes.
2. Jan. 1951: EO 392 was issued transferring the authority to regulate jai-alais form 10. The case at bar is a consolidation of the two cases. The Republic argues that
the local government to the Games and Amusement Board (GAB). Manila Ordinance No. 7065 which purported to grant to ADC a franchise to conduct
jai-alai operations is void and ultra vires since RA 954 (approved very much earlier
3. June 1953: RA 954 ("An Act to Prohibit With Horse Races and Basque Pelota than Ordinance No. 7065) requires a legislative franchise, not a municipal
Games (Jai-Alai), And To Prescribe Penalties For Its Violation") was passed: franchise, for the operation of jai-alai. Additionally, the national government argues
Sec. 4. No person, or group of persons other than the operator or maintainer of a that even assuming that Ordinance 7065 is valid, ADC's franchise was nonetheless
fronton with legislative franchise to conduct basque pelota games (Jai-alai), shall effectively revoked by Presidential decree No. 771, issued on 20 August 1975, Sec. 3
offer, to take or arrange bets on any basque pelota game or event, or maintain or use of which expressly revoked all existing franchises and permits to operate all forms of
a totalizator or other device, method or system to bet or gamble on any basque pelota gambling facilities (including the jai-alai) issued by local governments.
game or event.
ADC, on the other hand, argues that Ordinance No. 7065 was validly enacted by the
Sec. 5. No person, operator or maintainer of a fronton with legislative franchise to City of Manila pursuant to its delegated powers under its charter.
conduct basque pelota games shall offer, take, or arrange bets on any basque pelota
game or event, or maintain or use a totalizator or other device, method or system to
bet or gamble on any basque pelota game or event outside the place, enclosure, or Issue/s: Does ADC have a valid and subsisting franchise to operate jai-alai?-- NO
fronton where the basque pelota game is held.
4. Sept. 1971: Municipal Board of Manila passed Ordinance No. 7065 which Ratio:
authorized the Associated Development Corporation (ADC) to operate jai-alai in
Manila 1. Neither the Charter of Manila and Manila Ordinance No. 7065 uses the word
'franchise.' The Charter merely empowers the Municipal Board of Manila to "tax,
license, permit and regulate wagers or betting" and to "grant exclusive rights to of statutes are not addressed to the judiciary but may be resolved only by the
establishments", while Ordinance No. 7065 authorized the Manila City Mayor to "allow executive and legislative departments, to which the function belongs in our scheme of
and permit" ADC to operate jai-alai facilities in the City of Manila. government.
2. Congress did not delegate to the City of Manila the power "to franchise" wagers or
betting, including the jai-alai, but retained for itself such power "to franchise". What Talks regarding the supposed vanishing line between right and privilege in American
Congress delegated to the City of Manila in Rep. Act No. 409, with respect to constitutional law has no relevance in the context of these cases since the reference
wagers or betting, was the power to "license, permit, or regulate" which there is to economic regulations. On the other hand, jai-alai is not a mere economic
therefore means that a license or permit issued by the City of Manila to operate activity which the law seeks to regulate. It is essentially gambling and whether it
a wager or betting activity, such as the jai-alai where bets are accepted, would should be permitted and, if so, under what conditions are questions primarily for the
not amount to something meaningful UNLESS the holder of the permit or lawmaking authority to determine, taking into account national and local interests.
license was also FRANCHISED by the national government to so operate. Here, it is the police power of the State that is paramount.
Moreover, even this power to license, permit, or regulate wagers or betting on jai-alai
was removed from local governments, including the City of Manila, and transferred to Dispositive:
the GAB on 1 January 1951 by Executive Order No. 392. The net result is that the WHEREFORE, for the foregoing reasons, judgment is hereby rendered:
authority to grant franchises for the operation of jai-alai frontons is in
Congress, while the regulatory function is vested in the GAB. 1. allowing the Republic of the Philippines to intervene in G.R. No. 115044.
In relation, therefore, to the facts of this case, since ADC has no franchise from 2. declaring Presidential Decree No. 771 valid and constitutional.
Congress to operate the jai-alai, it may not so operate even if it has a license or
permit from the City Mayor to operate the jai-alai in the City of Manila. 3. declaring that respondent Associated Development corporation (ADC) does
not possess the required congressional franchise to operate and conduct the jai-alai
3. The Revised Penal Code punishes gambling and betting under Articles 195 to 199 under Republic Act No. 954 and Presidential Decree No. 771.
thereof. Gambling is thus generally prohibited by law, unless another law is enacted
by Congress expressly exempting or excluding certain forms of gambling from the 4. setting aside the writs of preliminary injunction and preliminary mandatory
reach of criminal law. Among these forms of gambling allowed by special law are the injunction issued by respondent Judge Vetino Reyes in civil Case No. 94-71656.
horse races authorized by Republic Acts Nos. 309 and 983 and gambling casinos
authorized under Presidential Decree No. 1869
4. While jai-alai as a sport is not illegal per se, the accepting of bets or wagers on the
results of jai-alai games is undoubtedly gambling and, therefore, a criminal offense
punishable under Articles 195-199 of the Revised Penal Code, unless it is shown that
a later or special law had been passed allowing it. ADC has not shown any such
special law.
Republic Act No. 409 (the Revised Charter of the City of Manila) which was enacted
by Congress on 18 June 1949 gave the Municipal Board certain delegated legislative
powers under Section 18. A perusal of the powers enumerated under Section 18
shows that these powers are basically regulatory in nature.
4. In Magtajas v. Pryce Properties Corporation (20 July 1994, G.R. No. 111097), this
Court stated thru Mr. Justice Isagani A. Cruz:
In the exercise of its own discretion, the legislative power may prohibit gambling
altogether or allow it without limitation or it may prohibit some forms of gambling and
allow others for whatever reasons it may consider sufficient. Thus, it has prohibited
jueteng and monte but permits lotteries, cockfighting and horse-racing. In making
such choices, Congress has consulted its own wisdom, which this Court has no
authority to review, much less reverse. Well has it been said that courts do not sit to
resolve the merits of conflicting theories. That is the prerogative of the political
departments. It is settled that questions regarding wisdom, morality and practicability
Magtajas v. Pryce ● Cagayan de Oro City, like other local political subdivisions, is empowered to
G.R. No. | Date | Ponente enact ordinances for the purposes indicated in the Local Government Code.
Digest by: SAN DIEGO ● The ordinances violate P.D. 1869, which has the character and force of a
statute, as well as the public policy expressed in the decree allowing the
Petitioners: MAYOR PABLO P. MAGTAJAS & THE CITY OF CAGAYAN DE ORO
playing of certain games of chance despite the prohibition of gambling in
Respondents: PRYCE PROPERTIES CORPORATION, INC. & PHILIPPINE
general.
AMUSEMENT AND GAMING CORPORATION ● The rationale of the requirement that the ordinances should not contravene a
statute is obvious. Municipal governments are only agents of the national
Doctrine:
government. Local councils exercise only delegated legislative powers
Municipal governments are only agents of the national government. Local councils conferred on them by Congress as the national lawmaking body.
exercise only delegated legislative powers conferred on them by Congress as the ● The delegate cannot be superior to the principal or exercise powers higher
national lawmaking body. This basic relationship between the national legislature than those of the latter. It is a heresy to suggest that the local government
and the local government units has not been enfeebled by the new provisions in units can undo the acts of Congress, from which they have derived their
the Constitution strengthening the policy of local autonomy. power in the first place, and negate by mere ordinance the mandate of the
statute.
Facts: ● This basic relationship between the national legislature and the local
● PAGCOR is a corporation created directly by P.D. 1869 to help centralize government units has not been enfeebled by the new provisions in the
and regulate all games of chance, including casinos on land and sea within Constitution strengthening the policy of local autonomy.
the territorial jurisdiction of the Philippines. ● The power of PAGCOR to centralize and regulate all games of chance,
● PAGCOR decided to expand its operations to Cagayan de Oro City. including casinos on land and sea within the territorial jurisdiction of the
● To this end, it leased a portion of a building belonging to Pryce Properties Philippines, remains unimpaired. P.D. 1869 has not been modified by the
Corporation Inc. and PAGCOR renovated and equipped the same, and Local Government Code, which empowers the local government units to
prepared to inaugurate its casino there during the Christmas season. prevent or suppress only those forms of gambling prohibited by law.
● The Sangguniang Panlungsod of Cagayan de Oro City enacted two ● Casino gambling is authorized by P.D. 1869. This decree has the status of a
Ordinances: statute that cannot be amended or nullified by a mere ordinance.
● -Ordinance No. 3353 (An Ordinance Prohibiting the issuance of business ● Hence, it was not competent for the Sangguniang Panlungsod of Cagayan
permit and cancelling existing business permit to any establishment for the de Oro City to enact Ordinance No. 3353 prohibiting the use of buildings for
using and allowing to be used its premises or a portion therefor for the the operation of a casino and Ordinance No. 3375-93 prohibiting the
operation of casino) and operation of casinos. For all their praiseworthy motives, these ordinance are
● -Ordinance No. 3375-93 An Ordinance Prohibiting the Operation of Casino contrary to P.D. 1869 and the public policy announced therein and are
and Providing Penalty Therefor. therefore ultra vires and void.
● Pryce and PAGCOR assailed the ordinances before the Court of Appeals,
where it declared the ordinances invalid Dispositive:
● Mayor Magtajas and CDO filed a petition for review of the CA’s decision. WHEREFORE, the petition is DENIED and the challenged decision of the respondent
● The petitioners argue that by virtue of the LGC, the Sangguniang Court of Appeals is AFFIRMED, with costs against the petitioners. It is so ordered.
Panlungsod may prohibit the operation of casinos because they involve
games of chance, which are detrimental to the people. They said that even if
the operation of casinos may have been permitted under P.D. 1869, the
government of Cagayan de Oro City has the authority to prohibit them within
its territory pursuant to the authority entrusted to it by the Local Government
Code.
Issue/s:
● W/N the Ordinances is valid – NO
Ratio:
● PAGCOR is a corporation created directly by P.D. 1869 to help centralize
and regulate all games of chance, including casinos on land and sea within
the territorial jurisdiction of the Philippines

Berces v. Guingona Mayor thereof for a period of 3 MONTHS beginning after
G.R. No. 112099 | February 21, 1995 | QUIASON, J. her service of the first penalty of suspension ordered in the
Digest by: RIOFLORIDO previous AO
○ She is likewise ordered to reimburse the Municipality of Tiwi One-
Petitioners: ACHILLES C. BERCES, SR.
half of the amount the latter have paid for electric and water bills
Respondents: HON. EXECUTIVE SECRETARY TEOFISTO T. GUINGONA, JR.,
from July to December 1992, inclusive
CHIEF PRESIDENTIAL LEGAL COUNSEL ANTONIO CARPIO and MAYOR ● Consequently, respondent Mayor Corral appealed to the OP questioning the
NAOMI C. CORRAL OF TIWI, ALBAY decision
○ At the same time, she prayed for the stay of execution of the
Doctrine:
decision in accordance with Section 67(b) of the LGC:
In the absence of an express repeal, a subsequent law cannot be construed as
repealing a prior law unless an irreconcilable inconsistency and repugnancy exists Administrative Appeals. — Decision in administrative cases may, within thirty
in the terms of the new and old laws. (30) days from receipt thereof, be appealed to the following:
xxx xxx xxx
Facts: (b) The Office of the President, in the case of decisions of the
● Petition for certiorari and prohibition under Rule 65 of the Revised Rules of sangguniang panlalawigan and the sangguniang panglungsod of highly
Court urbanized cities and independent component cities.
○ With prayer for mandatory preliminary injunction
○ Assailing the Orders of the OP as having been issued with GAD — ● July 28, 1993 — Acting on the prayer to stay execution during the pendency
said Orders directed the stay of execution of the decision of the of the appeal, the OP issued an Order, the pertinent portions of which read
Sangguniang Panlalawigan suspending the Mayor of Tiwi, Albay as follows:
from office
● Petitioner Berces filed 2 administrative cases against respondent Naomi C. The stay of the execution is governed by Section 68 of RA 7160 and Section
Corral, the incumbent Mayor of Tiwi, Albay with the Sangguniang 6 of AO 18 dated 12 February 1987, quoted below:
Panlalawigan of Albay
○ Administrative Case No. 02-92 — abuse of authority and/or Sec. 68. Execution Pending Appeal. — An appeal shall not prevent
oppression for non-payment of accrued leave benefits due the a decision from becoming final or executory. The respondent shall
petitioner amounting to P36,779.02 be considered as having been placed under preventive suspension
○ Administrative Case No. 05-92 — dishonesty and abuse of during the pendency of an appeal in the events he wins such
authority for installing a water pipeline which is being operated, appeal. In the event the appeal results in an exoneration, he shall
maintained and paid for by the municipality to service respondent’s be paid his salary and such other emoluments during the pendency
private residence and medical clinic of the appeal (RA 7160).
● July 1, 1993 — the Sangguniang Panlalawigan disposed the 2
Administrative cases in the following manner: Sec. 6 Except as otherwise provided by special laws, the
○ Administrative Case No. 02-92 execution of the decision/resolution/order appealed from is stayed
■ Respondent Corral was ordered to pay Berces the sum of upon filing of the appeal within the period prescribed herein.
P36,779.02 + legal interest, representing the money value However, in all cases, at any time during the pendency of the
of his leave credits accruing for services rendered in the appeal, the Office of the President may direct or stay the execution
municipality from 1988 to 1992 as a duly elected Municipal of the decision/resolution/order appealed from upon such terms and
Councilor conditions as it may deem just and reasonable (Adm. Order No.
■ Respondent Corral was also ordered SUSPENDED from 18).
office as Municipal Mayor of Tiwi, Albay, for a period of 2
months, for her blatant abuse of authority coupled with xxx xxx xxx
oppression as a public example to deter others similarly
inclined from using public office as a tool for personal After due consideration, and in the light of the Petition for Review filed before
vengeance, vindictiveness and oppression at the expense this Office, we find that a stay of execution pending appeal would be just and
of the Taxpayer reasonable to prevent undue prejudice to public interest.
○ Administrative Case No. 05-92
■ Respondent Corral of Tiwi, Albay, was sentenced to suffer WHEREFORE, premises considered, this Office hereby orders the
the penalty of SUSPENSION from office as Municipal suspension/stay of execution of:
irreconcilable inconsistency and repugnancy exists in the terms of
a) the Decision of the Sangguniang Panlalawigan of Albay in the new and old laws.
Administrative Case No. 02-92 dated 1 July 1993 suspending Mayor Naomi ○ The two laws must be absolutely incompatible. There must be such
C. Corral from office for a period of two (2) months, and a repugnancy between the laws that they cannot be made to stand
together.
b) the Resolution of the Sangguniang Panlalawigan of Albay in ● Provisions of Section 68 of RA 7160 and Section 6 of AO 18 are not
Administrative Case. No. 05-92 dated 5 July 1993 suspending Mayor Naomi irreconcilably inconsistent and repugnant.
C. Corral from office for a period of three (3) months (Rollo, pp. 55-56). ○ The two laws must in fact be read together.
● If the intention of Congress was to repeal Section 6 of AO 18, it could have
● Petitioner then filed a MR questioning the aforesaid Order of the OP used more direct language expressive of such intention.
○ September 13, 1990 — MR DENIED ○ The first sentence of Section 68 merely provides that an "appeal
● Hence, this petition shall not prevent a decision from becoming final or executory." As
worded, there is room to construe said provision as giving
Petitioner’s contentions: discretion to the reviewing officials to stay the execution of the
● The governing law in the instant case is RA 7160, which contains a appealed decision.
mandatory provision that an appeal “shall not prevent a decision from ○ There is nothing to infer therefrom that the reviewing officials are
becoming final and executory.” deprived of the authority to order a stay of the appealed order. If the
● AO 18 dated February 12, 1987, (entitled “Prescribing the Rules and intention of Congress was to repeal Section 6 of AO 18, it could
Regulations Governing Appeals to Office the President”) authorizing the have used more direct language expressive of such intention.
President to stay the execution of the appealed decision at any time during ● The term "shall" may be read either as mandatory or directory.
the pendency of the appeal, was repealed by RA 7160, which took effect on ○ The term "shall" may be read either as mandatory or directory
January 1, 1991 depending upon a consideration of the entire provision in which it is
found, its object and the consequences that would follow from
Issue/s: construing it one way or the other.
● W/N Sec. 68 of RA 7160 repealed Sec. 6 of AO 18 — NO ○ In the case at bench, there is no basis to justify the construction of
the word as mandatory.
Ratio: ● The OP made a finding that the execution of the decision of the Sagguniang
● Repealing clause of Section 530(f), RA 7160 is not an express repeal of Panlalawigan suspending respondent Mayor from office might be prejudicial
Section 6 of AO 18. to the public interest.
○ Petitioner invokes the repealing clause of Section 530 (f), RA 7160, ○ Thus, in order not to disrupt the rendition of service by the mayor to
which provides: the public, a stay of the execution of the decision is in order.
■ “All general and special laws, acts, city charters, decrees,
executive orders, administrative regulations, part or parts Dispositive:
thereof, which are incosistent with any of the provisions of WHEREFORE, the petition is DISMISSED.
this Code, are hereby repealed or modified accordingly.”
○ The aforementioned clause is not an express repeal of Section 6 of
AO 18 because it failed to identify or designate the laws or
executive orders that are intended to be repealed.
● Repeal by implication is not favored
○ If there is any repeal of AO 18 by RA 7160, it is through implication
though such kind of repeal is not favored. There is even a
presumption against implied repeal.
● In the absence of an express repeal, a subsequent law cannot be
construed as repealing a prior law unless an irreconcilable
inconsistency and repugnancy exists in the terms of the new and old
laws.
○ An implied repeal predicates the intended repeal upon the condition
that a substantial conflict must be found between the new and prior
laws. In the absence of an express repeal, a subsequent law
cannot be construed as repealing a prior law unless an
Province of Camarines Sur v. CA ● W/N a local government unit needs the approval of DAR to reclassify land
G.R. No. 103125 | May 17, 1993 | J. Quiason before it can expropriate it? NO
Digest by: REYES
Petitioners: Province of Camarines Sur Ratio:
Respondents: Court of Appeals (third division), Ernesto San Joaquin and Efren ● The power of expropriation is superior to the power to distribute lands under
San Joaquin the land reform program. (Juancho Ardana v Reyes).
● It is true that local government units have no inherent power of eminent
Doctrine: domain and can exercise it only when expressly authorized by the
Although local governments do not have inherent power of eminent domain and legislature. It is also true that in delegating the power to expropriate, the
can exercise it only when expressly authorized by legislature, and the latter may legislature may retain certain control or impose certain restraints on the
retain certain control or impose certain restraints on the exercise thereof, such exercise thereof by the local governments. While such delegated power may
delegated power although limited it is complete within its limits. be a limited authority, it is complete within its limits. Moreover, the limitations
on the exercise of the delegated power must be clearly expressed, either in
the law conferring the power or in other legislations.
Facts: ● Resolution No. 129, Series of 1988, was promulgated pursuant to Section 9
● On December 22, 1988, the Sangguniang Panlalawigan of the Province of of B.P. Blg. 337, the Local Government Code, which provides:
Camarines Sur passed Resolution No. 129, Series of 1988, authorizing the
Provincial Governor to purchase or expropriate property contiguous to the A local government unit may, through its head and acting pursuant to a
provincial capitol site, in order to establish a pilot farm for non-food and non- resolution of its sanggunian exercise the right of eminent domain and
traditional agricultural crops and a housing project for provincial government institute condemnation proceedings for public use or purpose.
employees. ● Section 9 of B.P. Blg. 337 does not intimate in the least that local
● Pursuant to the Resolution, the Province, through its Governor, Hon. Luis R. government units must first secure the approval of the Department of Land
Villafuerte, filed two separate cases for expropriation against Ernesto N. San Reform for the conversion of lands from agricultural to non-agricultural use
Joaquin and Efren N. San Joaquin. The San Joaquins moved to dismiss the before they can institute the necessary expropriation proceedings. Likewise,
complaints on the ground of inadequacy of the price offered for their there is no provision in the Comprehensive Agrarian Reform Law which
property. expressly subjects the expropriation of agricultural lands by local
● The trial court denied the motion to dismiss and authorized the Province of government units to the control of the Department of Agrarian Reform.
Camarines Sur to take possession of the property upon the deposit with the ● Statutes conferring the power of eminent domain to political subdivisions
Clerk of Court of the amount of P5,714.00, the amount provisionally fixed by cannot be broadened or constricted by implication.
the trial court to answer for damages that private respondents may suffer in ● To sustain the Court of Appeals would mean that the local government units
the event that the expropriation cases do not prosper. The trial court issued can no longer expropriate agricultural lands needed for the construction of
a writ of possession in an order dated January18, 1990. roads, bridges, schools, hospitals, etc, without first applying for conversion of
● Asked by the Court of Appeals to give his Comment to the petition, the the use of the lands with the Department of Agrarian Reform, because all of
Solicitor General stated that under Section 9 of the Local Government Code, these projects would naturally involve a change in the land use. In effect, it
there was no need for the approval by the Office of the President of the would then be the Department of Agrarian Reform to scrutinize whether the
exercise by the Sangguniang Panlalawigan of the right of eminent domain. expropriation is for a public purpose or public use.
However, the Solicitor General expressed the view that the Province of ● Ordinarily, it is the legislative branch of the local government unit that shall
Camarines Sur must first secure the approval of the Department of Agrarian determine whether the use of the property sought to be expropriated shall be
Reform of the plan to expropriate the lands of petitioners for use as a public, the same being an expression of legislative policy. The courts defer
housing project. to such legislative determination and will intervene only when a particular
● The Court of Appeals set aside the order of the trial court, allowing the undertaking has no real or substantial relation to the public use.
Province of Camarines Sur to take possession of private respondents' lands ● There is also an ancient rule that restrictive statutes, no matter how broad
and the order denying the admission of the amended motion to dismiss. It their terms are, do not embrace the sovereign unless the sovereign is
also ordered the trial court to suspend the expropriation proceedings until specially mentioned as subject thereto.
after the Province of Camarines Sur shall have submitted the requisite ● The orders of the CA nullifying the trial court's order allowing the Province of
approval of the Department of Agrarian Reform to convert the classification Camarines Sur to take possession of private respondents' property and
of the property of the private respondents from agricultural to non-agricultural requiring the Province of Camarines Sur to obtain the approval of the
land. Department of Agrarian Reform to convert or reclassify private respondents'
property from agricultural to non-agricultural use are set aside.
Issue/s:
● Although local governments do not have inherent power of eminent domain
and can exercise it only when expressly authorized by legislature, and the
latter may retain certain control or impose certain restraints on the exercise
thereof, such delegated power although limited it is complete within its limits.
Nothing in the LGC limits this power by requiring the approval of DAR.
Likewise, there is nothing in CAR law which expressly subjects such
expropriations under the control of DAR.
Dispositive:
WHEREFORE, the petition is GRANTED and the questioned decision of the Court of
Appeals is set aside.
E. INTER-GOVERNMENTAL RELATIONS
Iloilo City Zoning v. Gegato-Abecia Funeral
G.R. No. 157118. December 8, 2003||Ynares-Santiago
Digest by: REGADO
bakery in the commercial zone of Iloilo City, classified as C2. Invoking
Petitioners: THE ILOILO CITY ZONING BOARD OF ADJUSTMENT AND
APPEALS and THE CITY GOVERNMENT OF ILOILO, represented by HON. CITY Section 46 of the zoning ordinance which gives the CZBAA the discretion to
MAYOR JERRY P. TREAS, grant exceptions from the provisions thereof,respondent contended that
Respondents: GEGATO-ABECIA FUNERAL HOMES, INC., represented by its since its business is classified under Category II, i.e., without embalming
Attorney-In-Fact, DANIEL FAJARDO facilities, it should be excepted from the prohibition to operate a funeral
establishment at a radial distance of less than 25 meters from food
Doctrine: establishments.
● In Resolution No. 7, dated June 25, 2002, the CZBAA of Iloilo denied
● The settled rule is that before a party is allowed to seek the intervention of
the court, it is a pre-condition that he should have availed of all the means respondents application.
of administrative processes afforded him. ● Consequently, respondent filed a petition for mandamus with the RTC to
● Well-settled is the rule that mandamus may not be availed of to direct the compel the CZBAA of Iloilo to grant its prayer for exception and to issue the
exercise of judgment or discretion in a particular way, or to retract or corresponding permit to operate a funeral establishment under Category II.
reverse an action already taken in the exercise of either Respondent claimed that Zoning Ordinance No. 2001-072 is unconstitutional
insofar as it prohibits the operation of funeral establishments without
embalming facilities (Category II) within a radial distance of less than 25
Facts: meters from food establishments; and assuming that the ordinance is valid,
the CZBAA gravely abused its discretion in outrightly denying the
● On May 2, 2001, the City Council of Iloilo enacted Zoning Ordinance No. application.
2001-072 which was duly ratified by the Housing and Land Use Regulatory ● In its Answer the CZBAA of Iloilo averred that respondent violated the rule
Board (HLURB). Section 41 (3)(d) of said ordinance provides, among others, on exhaustion of administrative remedies as it failed to appeal the decision
for a prohibition to operate a funeral establishment at a minimum radial to the HLURB as mandated by Section 56(C) of Zoning Ordinance No. 2001-
distance of at least 25 meters from restaurants, food centers and other food 072.
establishments, thus: ● TC : Rendered a decision in favor of respondent. It did not pass upon the
● Under the same ordinance, funeral establishments are classified and constitutionality of the zoning ordinance but nevertheless ruled that the
allowed to operate in certain areas, as follows: [4] CZBAA of Iloilo gravely abused its discretion in denying the application
● a) Funeral Establishments shall be classified as : without giving respondent an opportunity to prove that its application is
● Category I funeral establishments with chapels, embalming facilities and meritorious. The court a quo further held that respondents resort to judicial
offering funeral services. remedy is correct because under the Local Government Code, the power to
● Category II - funeral establishments with chapels and offering funeral act on pending applications for locational clearance is now vested with local
services without embalming facilities; and government units and no longer with the HLURB per resolution of the latter
● Category III funeral establishments offering only funeral services from house dated July 19, 2002. It granted a writ of mandamus directing the grant of
of the deceased to the burial place. appeal for exception.
● b) Funeral establishments shall be allowed in the following zones:
● Category I C2 or an area within the city with quasi-trade business activities ISSUE:
and services performing complementary/supplementary functions to
principally commercial zone.
(1) whether or not respondent violated the rule on exhaustion of administrative
● Category II C1 or an area within the city principally for trade, services remedies; -YES
and business activities ordinarily referred to as Central Business
District; C-2; and Institutional Zone. (2) whether or not the trial court erred in issuing a writ of mandamus directing the
● Category III C1; C2; and Institutional Zone. CZBAA of Iloilo to issue a permit to operate a funeral establishment.-YES
● Respondent applied with the City Zoning Board of Adjustments and Appeals
(CZBAA) of Iloilo for the issuance of a permit to operate a funeral HELD:
establishment on a 4-storey building located between a restaurant] and a

● The settled rule is that before a party is allowed to seek the intervention of clearance to operate a funeral home. It appears from the record that
the court, it is a pre-condition that he should have availed of all the means of respondent filed his application for the issuance of a permit with the HLURB
administrative processes afforded him. Hence, if a remedy within the before it filed a similar application with the CZBAA of Iloilo.
administrative machinery can still be resorted to by giving the administrative ● We note that the HLURBs refusal to act on the application was not
officer concerned every opportunity to decide on a matter that comes within based on the absence of appellate jurisdiction, but on lack of authority
his jurisdiction, then such remedy should be exhausted first before the courts to issue locational clearances.
judicial power can be sought. ● The HLURB correctly indorsed the application to the zoning administrator of
● The petitioner is taking an unwarranted shortcut. It must be stressed that the the city because the power to issue permits and locational clearances for
authority to receive evidence, as basis for classification of properties for locally significant projects is now lodged with the city/municipality with a
taxation, is legally vested on the respondent City Assessor whose action is comprehensive land use plan. This is in accordance with Executive Order
appealable to the Local Board of Assessment Appeals and the Central No. 72, which was issued to delineate the powers and responsibilities of
Board of Assessment Appeals, if necessary.The petitioner cannot bypass local government units and the HLURB in the preparation and
the authority of the concerned administrative agencies and directly seek implementation of comprehensive land use plans under a decentralized
redress from the courts even on the pretext of raising a supposedly pure framework of local governance.
question of law without violating the doctrine of exhaustion of administrative ● The power of the HLURB to issue locational clearance is now limited to
remedies. projects considered to be of vital and national or regional economic or
● In the case at bar, respondent failed to exhaust the available administrative environmental significance.
remedies before seeking judicial intervention via a petition for mandamus. ● Moreover, the fact that the Rules of Procedure of the HLURB does not
Section 55C of Zoning Ordinance No. 2001-072, which was duly reviewed categorically provide for a procedure on the remedy of appeal from decisions
and ratified by the Housing and Land Use Regulatory Board, categorically of local government units will not operate to divest the HLURB of the
provides that decisions of the Local Zoning Board of Adjustment and appellate jurisdiction specifically granted to it by law. It must be stressed that
Appeals shall be appealable to the HLURB. no rule or regulation may alter, amend, or contravene a provision of
● On March 23, 1993, then President Fidel V. Ramos issued Executive Order law.Implementing rules should conform, not clash, with the law that they
No. 71 devolving the power of the HLURB to approve subdivision plans to implement.
cities and municipalities pursuant to the Local Government Code. ● Indeed, it would be in consonance with orderly procedure to provide an
● Section 2 of E.O. No. 71, however, specifically states that [t]he HLURB administrative sifting process of matters peculiarly within the competence of
shall retain such powers and functions not otherwise expressly administrative agencies. Being the agency mandated to adopt standards and
provided herein or under existing laws. One of such powers not expressly guidelines for land use plans and zoning ordinances of local government
withdrawn by E.O. No. 71 is the power of the HLURB to act as an appellate units, the HLURB is presumed to have the necessary knowledge and
body to which decisions and actions of local and regional planning and expertise on matters specifically patterned after its rules and is therefore in a
zoning bodies may be brought (Section 5(f) of Executive Order No. 648). better position to pass judgment thereon. Moreover, such administrative
Expressio unius est exclussio alterius. The express mention of one person, process would not only save the parties the expenses and tedious litigation
thing or consequence implies the exclusion of all others. Inasmuch as but will also prevent clogging of dockets in court.
Section 1 of E.O. No. 71 does not include the appellate jurisdiction of the ● Considering that the law provides for an administrative remedy of appeal to
HLURB over decisions of local government units, it follows that said power the HLURB from decisions of the CZBAA of Iloilo, and that respondent failed
was retained by it and not among those devolved to local government units. to exhaust the same, the petition for mandamus should have been dismissed
● Moreover, Executive Order No. 72, series of 1993 (Providing for the by the trial court.
Preparation and Implementation of the Comprehensive Land Use Plans of ● furthermore, the issuance of a permit to operate a funeral
Local Government Units Pursuant to the Local Government Code of 1991 establishment and the grant of exception from the zoning ordinances is
and other Pertinent Laws), gives the HLURB the power to review and ratify a discretionary act of the CZBAA of Iloilo. Well-settled is the rule that
land use plans of highly urbanized cities, like Iloilo City. mandamus may not be availed of to direct the exercise of judgment or
● Respondent cannot rely on the July 19, 2002 Order of the HLURB which discretion in a particular way, or to retract or reverse an action already
declined to assume jurisdiction over respondent's application for a locational taken in the exercise of either

● In the present case, the trial court cannot substitute its judgment for that of
the CZBAA of Iloilo by directing the latter to issue a permit to operate a
funeral establishment in favor of respondent. All that the court can do is to
see to it that the licensing authorities have proceeded according to law.
Where an administrative body simply refuses to take any action whatsoever,
the court may issue a writ of mandamus to compel it to take some action, but
should not attempt to prescribe the action to be taken and thereby control
the discretion or judgment of the board or officer.[26]
WHEREFORE, in view of all the foregoing, the petition is GRANTED. The

December 19, 2002 Order of the Regional Trial Court of Iloilo City, Branch 29, which
granted the issuance of a writ of mandamus directing the City Government of Iloilo to
issue a permit to operate a funeral establishment in favor of respondent is
REVERSED and SET ASIDE. The petition for mandamus filed by respondent in Civil
Case No. 02-27308 is ordered DISMISSED.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Panganiban, Carpio, and Azcuna, JJ., concur.

been vested in the Local Government Units ("LGUs"). In effect, it prohibited
LTO v. Butuan City and enjoined the LTO from (a) registering tricycles and (b) issuing licenses
G.R. No. | Date | Ponente to drivers of tricycles.
Digest by: PEÑALOSA ● On appeal, the Court of Appeals affirmed the decision of the RTC.
● The LTO thus filed this instant petition for review on certiorari to annul and
Petitioners: LAND TRANSPORTATION OFFICE [LTO]
set aside the CA decision that affirmed the permanent injunctive writ order of
Respondents: CITY OF BUTUAN
the RTC.
Doctrine: Issue/s:
● Under the LGC, certain functions of the Department of Transportation and ● Is the ordinance a valid exercise of the police power of the local government
Communications (DOTC) were transferred to the LGUs. LGUs now have of Butuan City? – NO.
the power to regulate the operation of tricycle-for-hire and to grant
franchises for the operation thereof. But this power is still subject to the Ratio:
guidelines prescribed by the DOTC. ● Under the LGC, certain functions of the Department of Transportation and
Communications (DOTC) were transferred to the LGUs. LGUs now have the
Facts: power to regulate the operation of tricycle-for-hire and to grant franchises for
● Pursuant to Sec 129 and Sec 133 of the Local Government Code, the the operation thereof.
Sangguniang Panglungsod ("SP") of Butuan, on 16 August 1992, passed SP ● But this power is still subject to the guidelines prescribed by the DOTC.
Ordinance No.916-92 entitled "An Ordinance Regulating the Operation of ● A careful reading of the DOTC Guidelines shows that the newly delegated
Tricycles-for-Hire, providing mechanism for the issuance of Franchise, powers pertain to the franchising and regulatory powers exercised by the
Registration and Permit, and Imposing Penalties for Violations thereof and LTFRB and not the functions of the LTO relative to the registration of motor
for other Purposes." vehicles and issuance of licenses for the driving thereof.
● The ordinance provided for, among other things, the payment of franchise ● The Local Government of Butuan greatly relied on the broad taxing power of
fees for the grant of the franchise of tricycles-for- hire, fees for the LGUs. It is true that police power and taxation are inherent powers of
registration of the vehicle, and fees for the issuance of a permit for the sovereignty which the State may share with LGUs by delegation. But the
driving thereof (to the LGU of Butuan). grant of one does not necessarily carry with it the grant of the other. The two
● Section 129 and Section 133 of the Local Government Code read: powers are by tradition and jurisprudence, separate and distinct powers.
"SEC. 129. Power to Create Sources of Revenue. - Each local ● To construe the tax provisions of Section 133(1) of the LGC indistinctively
government unit shall exercise its power to create its own sources would result in the repeal to that extent of LTO's regulatory power which
of revenue and to levy taxes, fees, and charges subject to the evidently has not been intended.
provisions herein, consistent with the basic policy of local ● The exclusionary clause contained in the tax provisions of Section 133(1) of
autonomy. Such taxes, fees, and charges shall accrue exclusively the LGC must not be held to have had the effect of withdrawing the express
to the local government units." power of LTO to cause the registration of all motor vehicles and the issuance
of licenses for the driving thereof.
"SEC. 133. Common Limitations on the Taxing Powers of Local ● These functions of the LTO are essentially regulatory in nature, exercised
Government Units. - Unless otherwise provided herein, the exercise pursuant to the police power of the State, whose basic objectives are to
of the taxing powers of provinces, cities, municipalities, and achieve road safety by insuring the road worthiness of these motor vehicles
barangays shall not extend to the levy of the following: and the competence of drivers prescribed by R. A. 4136, otherwise known
● "xxx.......xxx.......xxx. as Land Transportation and Traffic Code, as amended
"(1) Taxes, fees or charges for the registration of motor vehicles
and for the issuance of all kinds of licenses or permits for the Dispositive:
driving thereof, except tricycles." WHEREFORE, the assailed decision which enjoins the Land Transportation Office
from requiring the due registration of tricycles and a license for the driving thereof is
● The Land Transportation Office challenges the validity of the said Ordinance. REVERSED and SET ASIDE.
The LTO said the LGC only transferred to LGUs the franchising authority
over tricycles-for-hire of the LTFRB, and not the authority of LTO to register
all motor vehicles and to issue license to qualified persons.
● Ruling on the matter, the Regional Trial Court of Butuan City held that the
authority to register tricycles, the grant of the corresponding franchise, the
issuance of tricycle drivers' license, and the collection of fees therefor had all
LLDA v. CA (251 SCRA 42) and/or permit has been filed with Laguna Lake Development Authority as of
DECEMBER 7, 1995 | HERMOSISIMA, JR., J.: March 31, 1993 are hereby declared outrightly as illegal.
Digest by: NAVARRO 2. All fishpens, fishcages and other aqua-culture structures so declared as illegal shall
be subject to demolition which shall be undertaken by the Presidential Task Force
Petitioners: LAGUNA LAKE DEVELOPMENT AUTHORITY
for Illegal Fishpen and Illegal Fishing.
Respondents: COURT OF APPEALS; HON. JUDGE HERCULANO TECH,
3. Owners of fishpens, fishcages and other aqua-culture structures declared as illegal
PRESIDING JUDGE, BRANCH 70, REGIONAL TRIAL COURT OF BINANGONAN shall, without prejudice to demolition of their structures be criminally charged in
RIZAL; FLEET DEVELOPMENT, INC. and CARLITO ARROYO; THE accordance with Section 39-A of RA 4850 as amended by P.D. 813 for violation of the
MUNICIPALITY OF BINANGONAN and/or MAYOR ISIDRO B. PACIS same laws. Violations of these laws carries a penalty of imprisonment of not
exceeding 3 years or a fine not exceeding Five Thousand Pesos or both at the
Doctrine:
discretion of the court.”
The power of the LGUs to issue fishing privileges was clearly granted for revenue ● Reacting thereto, the affected fishpen owners filed injunction cases against
purposes. the Authority before various regional trial courts.
● Temporary restraining order/Writs of preliminary mandatory injunction were
The power of the LLDA to grant permits for fishpens, fishcages and other aqua- issued enjoining the LLDA from demolishing the fishpens and similar
culture structures is for the purpose of effectively regulating and monitoring structures in question.
activities in the Laguna de Bay region and for lake quality control and management. ● Hence, LLDA filed petitions for certiorari, prohibition and injunction.
There should be no quarrel over permit fees for fishpens, fishcages and other Issue/s:
aqua-culture structures in the Laguna de Bay area. Section 3 of Executive Order ● W/N the LLDA should exercise jurisdiction over the Laguna Lake and its
No. 927 provides for the proper sharing of fees collected. environs insofar as the issuance of permits for fishery privileges is
concerned, and not the towns and municipalities comprising the region --
Facts: YES, LLDA should exercise jurisdiction
● Republic Act No. 4850 created the Laguna Lake Development Authority.
● LLDA is supposed to carry out the policy of environmental protection and Ratio:
ecology, navigational safety, and sustainable development, so as to ● The provisions of the LGC do not necessarily repeal RA 4850 LLDA and
accelerate the development and balanced growth of the Laguna Lake area granting the latter water rights authority over Laguna de Bay and the lake
and the surrounding provinces, cities and towns within the context of the region.
national and regional plans and policies for social and economic ○ The LGC of 1991 does not contain any express provision which
development. categorically expressly repeal the charter of the LLDA.
● Because of the concern for the rapid expansion of Metropolitan Manila, the ● The charter of the Laguna Lake Development Authority constitutes a special
suburbs and the lakeshore towns of Laguna de Bay, PD No. 813 of former law. The LGC of 1991, is a general law. It is basic in statutory construction
President Marcos amended certain sections of RA 4850: that the enactment of a later legislation which is a general law cannot be
“(k) For the purpose of effectively regulating and monitoring activities in Laguna de construed to have repealed a special law.
Bay, the Authority shall have exclusive jurisdiction to issue new permit for the ● Considering the reasons behind the establishment of the Authority,
use of the lake waters for any projects or activities in or affecting the said lake which are environmental protection, navigational safety, and
including navigation, construction, and operation of fishpens, fish enclosures, sustainable development, there is every indication that the legislative
fish corrals and the like, and to impose necessary safeguards for lake quality intent is for the LLDA to proceed with its mission.
control and management and to collect necessary fees for said activities and projects” ○ The power of the LGUs to issue fishing privileges was clearly
● Then came Republic Act No. 7160, the Local Government Code of 1991. granted for revenue purposes.
The municipalities in the Laguna Lake Region interpreted the ○ The power of the LLDA to grant permits for fishpens, fishcages
provisions of this law to mean that the newly passed law gave and other aqua-culture structures is for the purpose of
municipal governments the exclusive jurisdiction to issue fishing effectively regulating and monitoring activities in the Laguna
privileges within their municipal waters. de Bay region and for lake quality control and management.
● Municipal governments thereupon assumed the authority to issue fishing ○ There should be no quarrel over permit fees for fishpens,
privileges and fishpen permits. fishcages and other aqua-culture structures in the Laguna de
● However, LLDA served notice to the general public that: Bay area. Section 3 of Executive Order No. 927 provides for the
“1. All fishpens, fishcages and other aqua-culture structures in the Laguna de Bay proper sharing of fees collected.
Region, which were not registered or to which no application for registration ● The charter of the LLDA which embodies a valid exercise of police power
should prevail over the LGC of 1991 on matters affecting Laguna de Bay.
● In view of the foregoing, this Court holds that Section 149 of the LGC of
1991 has not repealed the provisions of the charter of the LLDA. Thus, the
LLDA has the exclusive jurisdiction to issue permits for the enjoyment of
fishery privileges in Laguna de Bay to the exclusion of municipalities situated
therein and the authority to exercise such powers as are by its charter
vested on it.
Dispositive:
WHEREFORE, the petitions for prohibition, certiorari and injunction are hereby
granted, insofar as they relate to the authority of the Laguna Lake Development
Authority to grant fishing privileges within the Laguna Lake Region.

LLDA v. CA (231 SCRA 292) Ratio:
G.R. No. | Date | Ponente ● ● series of 1983, authorizes the LLDA to "make, alter or modify order
Digest by: NAGUIAT requiring the discontinuance or pollution." Section 4, par. (d) explicitly
authorizes the LLDA to make whatever order may be necessary in the
Petitioners: LAGUNA LAKE DEVELOPMENT AUTHORITY, 
exercise of its jurisdiction.
Respondents: COURT OF APPEALS, HON. MANUEL JN. SERAPIO, Presiding
● To be sure, the LLDA was not expressly conferred the power "to issue and
Judge RTC, Branch 127, Caloocan City, HON. MACARIO A. ASISTIO, JR., City ex-parte cease and desist order" in a language, as suggested by the City
Mayor of Caloocan and/or THE CITY GOVERNMENT OF CALOOCAN, Government of Caloocan, similar to the express grant to the defunct National
Pollution Control Commission under Section 7 of P.D. No. 984 which,
Doctrine: While it is a fundamental rule that an administrative agency has only
admittedly was not reproduced in P.D. No. 813 and E.O. No. 92. However, it
such powers as are expressly granted to it by law, it is likewise a settled rule that would be a mistake to draw therefrom the conclusion that there is a denial of
an administrative agency has also such powers as are necessarily implied in the the power to issue the order in question when the power "to make, alter or
exercise of its express powers. In the exercise, therefore, of its express powers modify orders requiring the discontinuance of pollution" is expressly and
under its charter as a regulatory and quasi- judicial body with respect to pollution clearly bestowed upon the LLDA by EO 927.
cases in the Laguna Lake region, the authority of the LLDA to issue a "cease and ● There is jurisprudence enough to the effect that the rule granting such
desist order" is, perforce, implied. authority need not necessarily be express. While it is a fundamental
rule that an administrative agency has only such powers as are
Facts: expressly granted to it by law, it is likewise a settled rule that an
● On March 8, 1991, Task Force Camarin Dumpsite of Our Lady of   Lourdes administrative agency has also such powers as are necessarily implied
Parish filed a letter-complaint with the LLDA seeking to stop the operation of in the exercise of its express powers. In the exercise, therefore, of its
the 8.6 hectare open garbage dumpsite in Tala Estate, Brgy. Camarin, express powers under its charter as a regulatory and quasi- judicial
Caloocan City   body with respect to pollution cases in the Laguna Lake region, the
● LLDA issued a Cease and Desist Order to City Government of Caloocan authority of the LLDA to issue a "cease and desist order" is, perforce,
regarding the Camarin dumpsite implied. Otherwise, it may well be reduced to a "toothless" paper agency.
● RTC of Caloocan issued TRO enjoining LLDA from enforcing Cease and Had the cease and desist order issued by the LLDA been complied with by
Desist order   the City Government of Caloocan as it did in the first instance, no further
● LLDA filed motion to dismiss on the ground that under Pollution Control Law, legal steps would have been necessary.
its Cease and Desist order is reviewable by CA not by RTC   ● The charter of LLDA has provided under its Section 4 (d) the power to
● RTC denied LLDA’s motion to dismiss   institute "necessary legal proceeding against any person who shall
● LLDA filed a petition with SC for certiorari,   prohibition, and injunction with commence to implement or continue implementation of any project, plan or
prayer for restraining order,   seeking to nullify 16 Oct 1992 order of RTC   program within the Laguna de Bay region without previous clearance from
● SC referred case to the CA. CA ruled that the LLDA has no power and the LLDA."
authority to issue a cease and desist order enjoining the dumping of garbage ● said provision was designed to invest the LLDA with sufficiently broad
● Hence, The LLDA now seeks, in this petition, a review of the decision of the powers in the regulation of all projects initiated in the Laguna Lake region,
CA whether by the government or the private sector, insofar as the
● LLDA claims that: As an administrative agency, LLDA was granted implementation of these projects is concerned. It was meant to deal with
regulatory and adjuratory powers by RA 4850. It has the power to issue the cases which might possibly arise where decisions or orders issued pursuant
said order pursuant to Section 4, Par. (c), (d), (e), (f) and (g) of EO 927 of to the exercise of such broad powers may not be obeyed, resulting in the
1983, an amendatory law of RA 4850. thwarting of its laudabe objective. To meet such contingencies, then the writs
● respondent claims that: LLDA has no power to issue the said order. In of mandamus and injunction which are beyond the power of the LLDA to
accordance to Section 4, Par. (d) of RA 4850, LLDA is instead required “to issue, may be sought from the proper courts.
institute the necessary legal proceeding against any person who shall
commence to implement or continue implementation of any project, plan or Dispositive:
program within the Laguna de Bay region without previous clearance from WHEREFORE, the petition is GRANTED. The temporary restraining order issued by
the Authority.” the Court on July 19, 1993 enjoining the City Mayor of Caloocan and/or the City
Issue/s: Government of Caloocan from dumping their garbage at the Tala Estate, Barangay
● W/N LLDA has the power and authority to issue a cease and desist order Camarin, Caloocan City is hereby made permanent.
enjoining the gov. of Caloocan from dumping its garbage at Tala Estate -
YES

People v. Sandiganbayan (G.R. No. 144159) ● SB issued a Resolution granting the motion to quash the information of the
G.R. No.144159 | September 29, 2004 | J. Callejo, Sr. accused and acquitting the respondent of the charge. The SB held that
Digest by: MEDEL based on the records, there was no probable cause to charge the
respondent of the crime.
Petitioners: PEOPLE OF THE PHILIPPINES
Respondents: SANDIGANBAYAN and MANUEL S. ALBA Issue: Whether or not SB acted with grave abuse of discretion amounting to lack or
excess of jurisdiction in quashing the information. YES.
Doctrine:
It does not appear from the Local Government Code that vesting of power in the Ratio:
local chief executive to appoint city/municipal engineer who shall likewise act as ● The records show that the SB quashed the information on the basis of a
local building official, also carries with it the power to exercise appellate jurisdiction January 12, 1994 Memorandum issued to Alba by then Mayor Ismael
over the decisions in matters involving non-issuance, suspension, revocation of Mathay:
building permits.
MEMORANDUM
Facts: TO : DR. MANUEL ALBA
● An Affidavit-Complaint was filed by Pabalan in the Office of the Ombudsman City Administrator
against the City Administrator of QC, Manuel S. Alba & the Chairman of
Iglesia Evangelica Metodista En Las Islas Filipinas (IEMELIF), Jeremias T. In view of the multifarious duties attendant to my dual position as Chairman, Metro
Cruz. Manila Authority and Mayor of Quezon City, the authority to issue orders for the
● In his sworn complaint, complainant, Pabalan, stated that he is the owner of demolition of illegal structures is hereby delegated to you. You may sign as follows:
a lot located at Susano Road, Novaliches, Quezon City, where the
Congregation of Evangelist Church of the Philippines (IEMELIF) headed by BY AUTHORITY OF THE CITY MAYOR
Architect Cruz encroached when improvements on their structure were MANUEL S. ALBA
made. He alleged that the construction was done without the necessary City Administrator
building permit.
● The Quezon City building official was, accordingly, informed and It is understood that the aforementioned authority shall be exercised pursuant to the
consequently after hearing, the Assistant Building Official ordered the attached copy of guidelines issued by the undersigned. Periodic reports of demolition
demolition of the structure. The Order becomes final and executory upon undertaken under this authority should be submitted to this Office.
failure of the religious congregation (IEMELIF) to appeal on time to the This Memorandum takes effect immediately.
DPWH. (Sgd.) ISMAEL A. MATHAY, JR.
● IEMELIF wrote City Administrator Alba requesting that said order be not City Mayor
enforced pending appeal to the DPWH.
● The letter of IEMELIF was received on November 5, 1998 by the Office
of the Alba, but a Memorandum ordering the recall of the demolition ● The SB concluded that, having acted on the basis of the memorandum of the
order was dated November 4, 1998. Mayor, Alba could not be considered as having usurped the authority of the
● An Information was filed with the SB, charging the respondent with violation building official or of the Secretary of Public Works and Highways, or that he
of Section 3(e) of Anti-Graft and Corrupt Practices Act: acted with manifest partiality, evident bad faith or gross inexcusable
That on or about November 5, 1998 or sometime prior or negligence.
subsequent thereto, in Quezon City, Philippines, and ● However, as pointed out by the petitioner, the Memorandum of the
within the jurisdiction of this Honorable Court, above- Mayor had already been amended by a subsequent issuance,
named accused, a public officer, being the City Memorandum No. 4, which states, that the authority to act on violations of
Administrator of Quezon City while in the performance of the Building Code no longer rested on the respondent as City Administrator,
his official function and acting with evident bad faith and but on the City Engineer or his assistant, viz:
manifest partiality, did then and there, willfully,
unlawfully and criminally, issue a Memorandum
For violation of Building Code City Engineer/Asst. City Bldg. Official
recalling the Order of Demolition issued by the Acting
Building Official knowing fully well that he has no
authority to do so, thus, giving unwarranted
preference to Jeremias T. Cruz in the discharged (sic)
of his official functions.
Illegal Structures under RA City Administrator
7279 (Squatting)
● We also agree with the petitioner’s contention that the January 12, 1994
Memorandum of Mayor Mathay is even contrary to the National Building
Code of the Philippines.
○ To rectify his erroneous January 12, 1994 Memorandum, Mayor
Mathay had to issue Memorandum No. 4 to Alba.
● Moreover, in Opinion No. 36, Series of 1996, the Secretary of Justice
succinctly ruled that only the city engineer, as the building official, has
the exclusive authority to act on matters relating to the issuance of
demolition permits or the revocation or suspension thereof.
● The law is clear that the Secretary of the Department of Public Works
and Highways has jurisdiction over appeals from the decisions of
building officials involving the non-issuance, suspension or revocation
of building permits. His decision is final subject only to review by the Office
of the President.
● In line with existing jurisprudence, jurisdiction must exist as a matter of law.
Section 307 of P.D. No. 1096 is the law that confers jurisdiction upon the
DPWH Secretary to adjudicate appeals from the orders or decisions of the
building officials.
● Section 477 of the Local Government Code of 1991 is cited to support the
view that the appellate jurisdiction over decisions of building officials has
been devolved to the city/municipal mayor.
○ However, it does not appear from the Local Government Code
that vesting of power in the local chief executive to appoint
engineer who, in the case of cities and municipalities, shall
likewise act as local building official, also carries with it the
power to exercise appellate jurisdiction over the decisions in
matters involving non-issuance, suspension, revocation of
building permits.
● Absent any clear and explicit provision in the said code to this effect, we
cannot conclude that the appellate jurisdiction vested in the Secretary of
Public Works and Highways under Section 307 of the National Building Code
has been transferred to the city or municipal mayor
Dispositive: IN LIGHT OF ALL THE FOREGOING, the petition is GRANTED. The

assailed Resolutions of the Sandiganbayan are NULLIFIED. The records are
remanded to the Sandiganbayan for further proceedings.

Osea v. Malaya ● In 1994, the Career Executive Service Board issued Memorandum Circular
G.R. No. | Date | Ponente No. 21, Series of 1994, placing the positions of schools division
Digest by: MANZANO superintendent and assistant schools division superintendent within the
career executive service. Consequently, the power to appoint persons to
Petitioners: DR. ELEANOR A. OSEA
career executive service positions was transferred from the Department of
Respondents: DR. CORAZON E. MALAYA
Education, Culture and Sports to the President; The appointment may not be
specific as to location. The prerogative to designate the appointees to their
Doctrine: An appointment may be defined as the selection, by the authority vested
particular stations was vested in the Department of Education, Culture and
with the power, of an individual who is to exercise the functions of a given office. Sports Secretary
When completed, usually with its confirmation, the appointment results in security ● In this case, the appointment of Dr. Malaya was issued by the President, but
of tenure for the person chosen unless he is replaceable at pleasure because of did not specify her station.It was Secretary Gloria who assigned and
the nature of his office. designated Dr. Malaya to the Division of Camarines Sur, and Dr. Osea to the
A reassignment is merely a movement of an employee from one organizational unit Division of Iriga City.
to another in the same department or agency which does not involve a reduction in ● The designation of Dr. Malaya as Schools Division Superintendent of
rank, status or salary and does not require the issuance of an appointment. In the Camarines Sur was not a case of appointment, it was actually a re-
same vein, a designation connotes merely the imposition of additional duties on an assignment. Thus, the required prior consultation under the LGC does not
incumbent official. apply
● An appointment may be defined as the selection, by the authority vested with
Facts: the power, of an individual who is to exercise the functions of a given office.
● Dr. Osea filed a Protest Case with the Civil Service Commission (CSC). When completed, usually with its confirmation, the appointment results in
● She claims that she was appointed as OIC, Asst. Schools Division security of tenure for the person chosen unless he is replaceable at pleasure
Superintendent of Camarines Sur, by then Education Sec. Ricardo T. Gloria, because of the nature of his office.
upon the endorsement of the Provincial School Board of Camarines Sur; ● A reassignment is merely a movement of an employee from one
● Despite such recommendation, President Ramos appointed Dr. Mlaya. organizational unit to another in the same department or agency which does
● She claims that since the appointment was made without prior consultation not involve a reduction in rank, status or salary and does not require the
with the Provincial School Board, it was a violation of the LGC. Thus, the issuance of an appointment. In the same vein, a designation connotes
appointment is null and void. merely the imposition of additional duties on an incumbent official.
● The CSC dismissed the protest case. It held that Section 993 of the LGC Dispositive:
contemplates a situation where the Department of Education, Culture and WHEREFORE, in view of the foregoing, the instant petition is DENIED for lack of
Sports issues the appointments, whereas Dr. Malay’s appointment was merit. The assailed decision of the Court of Appeals in CA-G.R. SP No. 49204, as
made by no less than the President, in the exercise of his appointing power; well as Resolutions 980699 and 982058 of the Civil Service Commission, are
moreover, what took place was actually a reassignment, which did not need AFFIRMED.
consultation.
● On appeal, the CA dismissed the petition
Issue/s:
● W/N prior consultation with the local school board was mandatory - NO
Ratio:
● Section 99 of the Local Government Code of 1991 applies to appointments
made by the Department of Education, Culture and Sports. This is because
at the time of the enactment of the Local Government Code, schools division
superintendents were appointed by the Department of Education, Culture
and Sports to specific division or location.
3 Sec. 99. Functions of Local School Boards. --- The provincial, city or municipal
school board shall: The Department of Education, Culture and Sports shall consult the
local school boards on the appointment of division superintendents, district
supervisors, school principals, and other school officials.
F. AUTONOMOUS REGIONS
Limbona v. Mangelin
G.R. No. | Date | Ponente
Digest by: LUMBRE
Petitioners: (Put Petitioner/s Here)
Respondents: (Put Respondent/s Here)
Doctrine:
(Put Doctrine Here)
Facts:
● Type Facts Here
Issue/s:
● W/N (Issue) – YES/NO
● W/N (Issue) – YES/NO
Ratio:
● Ratio to Issue 1
● Ratio to Issue 2
Dispositive:
WHEREFORE, (copy and paste the entire dispositive portion here)

Cordillera Broad Coalition v. COA ● E.O. 220 does not create the autonomous region contemplated in the
G.R. No.79956 | January 29, 1990 | CORTES, J. Constitution. It merely provides for transitory measures in anticipation of the
Digest by: LAUIGAN enactment of an organic act and the creation of an autonomous region. In
short, it prepares the ground for autonomy. This does not necessarily conflict
Petitioners: LILIA YARANON and BONA BAUTISTA, assisted by their
with the provisions of the Constitution on autonomous regions.
spouses, BRAULIO D. YARANON and DEMETRIO D. BAUTISTA, JR.,
● The Constitution outlines a complex procedure for the creation of an
respectively; JAMES BRETT and SINAI C. HAMADA,
autonomous region in the Cordilleras. Since such process will undoubtedly
take time, the President saw it fit to provide for some measures to address
Respondents: THE COMMISSION ON AUDIT, HON. CATALINO MACARAIG,
the urgent needs of the Cordilleras in the meantime that the organic act had
Executive Secretary, HON. VICENTE JAYME, Secretary of Finance, HON.
not yet been passed and the autonomous region created. At this time, the
GUILLERMO N. CARAGUE, Secretary of Budget and Management, and HON.
President was still exercising legislative powers as the First Congress had
ROSALINA S. CAJUCOM, OIC National Treasurer
not yet convened.
● Based on Article X Section 18 of the Constitution (providing the basic
Doctrine:
structure of government in the autonomous region), the Supreme Court finds
CAR is a mere transitory coordinating agency that would prepare the stage for that E. O. No. 220 did not establish an autonomous regional government.
political autonomy for the Cordilleras. It fills in the resulting gap in the process of The bodies created by E. O. No. 220 do not supplant the existing local
transforming a group of adjacent territorial and political subdivisions already governmental structure; nor are they autonomous government agencies.
enjoying local or administrative autonomy into an autonomous region vested with They merely constitute the mechanism for an "umbrella" that brings together
political autonomy the existing local governments, the agencies of the National Government,
the ethno-linguistic groups or tribes and non-governmental organizations in a
Facts: concerted effort to spur development in the Cordilleras.
● Pursuant to a ceasefire agreement signed on September 13, 1986, the ● In fact, it was Republic Act No. 6766, the organic act for the Cordillera
Cordillera People’s Liberation Army (CPLA) and the Cordillera Bodong autonomous region signed into law on October 23, 1989, and the plebiscite
Administration agreed that the Cordillera people shall not undertake their for the approval of the act which completed the autonomous region-creating
demands through armed and violent struggle but by peaceful means, such process outlined in the Constitution.
as political negotiations. ● Therefore, E.O. 220 is constitutional.
● A subsequent joint agreement was then arrived at by the two parties. Such
agreement states that they are to: Dispositive:
o Par. 2. Work together in drafting an Executive Order to create a WHEREFORE, petitions are DISMISSED for lack of merit.
preparatory body that could perform policy-making and
administrative functions and undertake consultations and studies
leading to a draft organic act for the Cordilleras.
o Par. 3. Have representatives from the Cordillera panel join the
study group of the R.P. Panel in drafting the Executive Order.
● Pursuant to the above joint agreement, E.O. 220 was drafted by a panel of
the Philippine government and of the representatives of the Cordillera
people. This was then signed into law by President Corazon Aquino, in the
exercise of her legislative powers, creating the Cordillera Administrative
Region [CAR], which covers the provinces of Abra, Benguet, Ifugao, Kalinga-
Apayao and Mountain Province and the City of Baguio.
● Petitioners assail the constitutionality of E.O. 220 on the primary ground that
by issuing the said order, the President, in the exercise of her legislative
powers, had virtually pre-empted Congress from its mandated task of
enacting an organic act and created an autonomous region in the
Cordilleras.
Issue/s:
● W/N E.O 220 is constitutional - YES
Ratio:
Ordillo v. COMELEC ● WON the province of Ifugao, being the only province which voted favorably
G.R. No. | Date | Ponente for the creation of the Cordillera Autonomous Region can, alone, legally and
Digest by: KEE validly constitute such Region? - No
Petitioners: Cordillera Regional Assembly Member ALEXANDER P. ORDILLO, Ratio:
(Banaue), Ifugao Provincial Board Member CORAZON MONTINIG, (Mayoyao), ● The sole province of Ifugao cannot validly constitute the CAR. Art. X of the
Former Vice-Mayor MARTIN UDAN (Banaue), Municipal Councilors MARTIN Constitution provides that “There shall be created autonomous regions in
GANO, (Lagawe), and TEODORO HEWE, (Hingyon), Barangay Councilman Muslim Mindanao a n d in the Cordillera consisting of provinces, cities,
PEDRO W. DULAG (Lamut); Aguinaldo residents SANDY B. CHANGIWAN, and municipalities and geographical areas…”
DONATO TIMAGO; Lamut resident REY ANTONIO; Kiangan residents ORLANDO ● The keywords - provinces, cities, municipalities and geographical areas
PUGUON, and REYNAND DULDULAO; Lagawe residents TOMAS KIMAYONG, mean that “region” is to be made up of more than 1 constituent unit. Ifugao is
GREGORIO DANGO, GEORGE B. BAYWONG, and VICENTE LUNAG; Hingyon a province by itself. To become part of a region, it must join other provinces,
residents PABLO M. DULNUAN and CONSTANCIO GANO; Mayoyao residents cities, municipalities and geographical areas.
PEDRO M. BAOANG, LEONARDO IGADNA, and MAXIMO IGADNA; and Banaue ● Congress never intended that a single province may constitute the
residents PUMA-A CULHI, LATAYON BUTTIG, MIGUEL PUMELBAN, ANDRES autonomous region. Otherwise, an absurd situation will arise having two sets
ORDILLO, FEDERICO MARIANO, SANDY BINOMNGA, GABRIEL LIMMANG, of officials, a set of provincial officials and another set of regional officials
ROMEO TONGALI, RUBEN BAHATAN, MHOMDY GABRIEL, and NADRES exercising executive and legislative powers over exactly the same small
GHAMANG area.
Respondents: THE COMMISSION ON ELECTIONS; The Honorable FRANKLIN
● The Ifugao province makes up only 11% of the total population of the areas
M. DRILON, Secretary of Justice; Hon. CATALINO MACARAIG, Executive enumerated above (Benguet, Mountain Province, etc.) It has the second
Secretary; The Cabinet Of􏰀􏰀cer for Regional Development; Hon. GUILLERMO smallest number of inhabitants from among the provinces and city.
CARAGUE, Secretary of Budget and Management; and Hon. ROSALINA S. ● Not only would it violate the Constitution and RA 6766 but would also be
CAJUCOM, OIC, National Treasurer impractical and illogical.
Doctrine: Dispositive:
(Put Doctrine Here) WHEREFORE, the petition is hereby GRANTED. Resolution No. 2259 of the
Commission on Elections, insofar as it upholds the creation of an autonomous region,
Facts: the February 14, 1990 memorandum of the Secretary of Justice, the February 5, 1990
● The people of the provinces of Benguet, Mountain Province, Ifugao, Abra memorandum of the Executive Secretary, Administrative Order No. 160, and Republic
and Kalinga-Apayao and the city of Baguio cast their votes in a plebiscite Act No. 6861 are declared null and void while Executive Order No. 220 is declared to
held pursuant to RA 6766 entitled “An Act Providing for an Organic Act for be still in force and effect until properly repealed or amended.
the Cordillera Autonomous Region (CAR).”
● It was approved by a majority of 5,889 votes in only the Ifugao Province and
was rejected by 148,676 votes in the rest of the provinces and city. The
Secretary of Justice issued a memorandum for the President reiterating the
COMELEC resolution and provided: ". . . [A]nd considering the proviso in
Sec. 13(A) that only the provinces and city voting favorably shall be included
m the CAR, the province of Ifugao being the only province which voted
favorably — then, alone, legally and validly constitutes the CAR."
● Congress enacted RA 6861 setting the elections in the CAR of Ifugao.
● President issued AO 160 declaring among others that the Cordillera
Executive Board and Cordillera Regional Assembly and all the offices
created under EO 220 were abolished in view of the ratification the Organic
Act.
● Ordillo et al: There can be no valid Cordillera Autonomous Region in only 1
province as the Constitution and RA 6766 require that the said Region be
composed of more than one constituent unit.
Issue/s:

Abbas v. COMELEC Norte and Maguindanao and the cities of Marawi and Cotabato, and not all
G.R. No. | Date | Ponente of the thirteen (13) provinces and nine (9) cities included in the Organic Act,
Digest by: JOSEF possess such concurrence in historical and cultural heritage and other
relevant characteristics.
Petitioners: DATU FIRDAUSI I.Y. ABBAS, DATU BLO UMPAR ADIONG, DATU
● Petitioners also impugn the constitutionality of section 13 of R.A. No. 6734:
MACALIMPOWAC DELANGALEN, CELSO PALMA, ALI MONTANA BABAO, . . . Provided, That only the provinces and cities voting favorably in
JULMUNIR JANNARAL, RASHID SABER, and DATU JAMAL ASHLEY ABBAS, such plebiscite shall be included in the Autonomous Region in
representing the other taxpayers of Mindanao Muslim Mindanao. The provinces and cities which in the plebiscite
Respondents: COMMISSION ON ELECTIONS, and HONORABLE GUILLERMO
do not vote for inclusion in the Autonomous Region shall remain in
C. CARAGUE, DEPARTMENT SECRETARY OF BUDGET AND MANAGEMENT the existing administrative regions: Provided, however, that the
Doctrine: President may, by administrative determination, merge the
The creation of the autonomous region is made to depend, not on the total majority existing regions.
vote in the plebiscite, but on the will of the majority in each of the constituent units.
● According to petitioners, said provision grants the President the power to
merge regions, a power which is not conferred by the Constitution upon the
Facts: President. That the President may choose to merge existing regions
● In 1987, a new Constitution was ratified, which the for the first time provided pursuant to the Organic Act is challenged as being in conflict with Article X,
for regional autonomy, Article X, section 15 of the charter provides that Section 10 of the Constitution which provides:
"[t]here shall be created autonomous regions in Muslim Mindanao and in the No province, city, municipality, or barangay may be created,
Cordilleras consisting of provinces, cities, municipalities, and geographical divided, merged, abolished, or its boundary substantially altered,
areas sharing common and distinctive historical and cultural heritage, except in accordance with the criteria established in the local
economic and social structures, and other relevant characteristics within the government code and subject to approval by a majority of the votes
framework of this Constitution and the national sovereignty as well as cast in a plebiscite in the political units directly affected.
territorial integrity of the Republic of the Philippines."
● In 1989, pursuant to the constitutional mandate, R.A. No. 6734, entitled "An (b) that certain provisions of R.A. No. 6734 conflict with the Tripoli Agreement. (not
Act Providing for an Organic Act for the Autonomous Region in Muslim relevant to our topic)
Mindanao” was enacted.
● A plebiscite in thirteen (13) provinces and nine (9) cities in Mindanao and ISSUES (with short answers):
Palawan, in implementation of RA No. 6734 was scheduled for November 1. W/N the creation of the autonomous region is made to depend, not on the
19, 1989. total majority vote in the plebiscite, but on the will of the majority in each of the
● Abbas, representing the other taxpayers of Mindanao, filed petitions praying constituent units.
that the Court: (1) enjoin the Commission on Elections (COMELEC) from –YES. What is required by the Constitution is a simple majority of
conducting the plebiscite and the Secretary of Budget and Management from votes approving the organic Act in individual constituent units and
releasing funds to the COMELEC for that purpose; and (2) declare R.A. No. not a double majority of the votes in all constituent units put
6734 unconstitutional. together, as well as in the individual constituent units.
● Petitioner Abbas argues that R.A. No. 6734 unconditionally creates an
autonomous region in Mindanao, contrary to the aforequoted provisions of 2. W/N determination by Congress of which areas should be covered by the
the Constitution on the autonomous region which make the creation of such organic act for the autonomous region constitutes a recognized legislative
region dependent upon the outcome of the plebiscite. prerogative, whose wisdom may not be inquired into by this Court –YES
○ Abbas cites Article II, section 1(1) of R.A. No. 6734 which declares
that "[t]here is hereby created the Autonomous Region in Muslim 3. W/N administrative regions are not territorial and political subdivisions like
Mindanao, to be composed of provinces and cities voting favorably provinces, cities, municipalities and barangays
in the plebiscite called for the purpose, in accordance with Section —YES. The power to merge administrative regions has traditionally
18, Article X of the Constitution." been lodged with the President to facilitate the exercise of the
○ Petitioner contends that the tenor of the above provision makes the power of general supervision over local governments There is no
creation of an autonomous region absolute, such that even if only conflict between the power of the President to merge administrative
two provinces vote in favor of autonomy, an autonomous region regions with the constitutional provision requiring a plebiscite in the
would still be created composed of the two provinces where the merger of local government units because the requirement of a
favorable votes were obtained. plebiscite in a merger expressly applies only to provinces, cities,
● Petitioner Mama-o argues that R.A. No. 6734 is unconstitutional because municipalities or barangays, not to administrative regions.
only the provinces of Basilan, Sulu, Tawi-Tawi, Lanao del Sur, Lanao del
4. W/N provisions in R.A. No. 6734 requiring an oversight Committee to shall be effective when approved by a majority of the votes cast in a
supervise the transfer of powers and properties to the regional government would plebiscite called for the purpose."
delay the creation of the autonomous region. ● It is thus clear that what is required by the Constitution is a simple majority of
—NO. Under the constitution, the creation of the autonomous region votes approving the organic Act in individual constituent units and not a
hinges only on the result of the plebiscite. If the Organic Act is approved double majority of the votes in all constituent units put together, as well as in
by majority of the votes cast by constituent units in the scheduled the individual constituent units.
plebiscite, the creation of the autonomous region immediately takes Issue #2:
effect. The questioned provisions in R.A. No. 6734 requiring an ● The Constitution lays down the standards by which Congress shall
oversight Committee to supervise the transfer do not provide for a determine which areas should constitute the autonomous region. Guided by
different date of effectivity. these constitutional criteria, the ascertainment by Congress of the areas that
share common attributes is within the exclusive realm of the legislature's
RATIO: discretion. Any review of this ascertainment would have to go into the
wisdom of the law. This the Court cannot do without doing violence to the
Issue #1: separation of governmental powers.
● Under the Constitution and R.A. No 6734, the creation of the autonomous ● After assailing the inclusion of non-Muslim areas in the Organic Act for lack
region shall take effect only when approved by a majority of the votes cast of basis, petitioner Mama-o would then adopt the extreme view that other
by the constituent units in a plebiscite, and only those provinces and cities non-Muslim areas in Mindanao should likewise be covered. He argues that
where a majority vote in favor of the Organic Act shall be included in the since the Organic Act covers several non-Muslim areas, its scope should be
autonomous region. The provinces and cities wherein such a majority is not further broadened to include the rest of the non-Muslim areas in Mindanao in
attained shall not be included in the autonomous region. It may be that even order for the other non-Muslim areas denies said areas equal protection of
if an autonomous region is created, not all of the thirteen (13) provinces and the law, and therefore is violative of the Constitution.
nine (9) cities mentioned in Article II, section 1 (2) of R.A. No. 6734 shall be ● Petitioner's contention runs counter to the very same constitutional provision
included therein. The single plebiscite contemplated by the Constitution and he had earlier invoked. Any determination by Congress of what areas in
R.A. No. 6734 will therefore be determinative of (1) whether there shall be an Mindanao should compromise the autonomous region, taking into account
autonomous region in Muslim Mindanao and (2) which provinces and cities, shared historical and cultural heritage, economic and social structures, and
among those enumerated in R.A. No. 6734, shall compromise it. other relevant characteristics, would necessarily carry with it the exclusion of
● As provided in the Constitution, the creation of the Autonomous region in other areas. As earlier stated, such determination by Congress of which
Muslim Mindanao is made effective upon the approval "by majority of the areas should be covered by the organic act for the autonomous region
votes cast by the constituent units in a plebiscite called for the purpose" [Art. constitutes a recognized legislative prerogative, whose wisdom may not be
X, sec. 18]. The question has been raised as to what this majority means. inquired into by this Court.
Does it refer to a majority of the total votes cast in the plebiscite in all the
constituent units, or a majority in each of the constituent units, or both? Issue #3:
● If the framers of the Constitution intended to require approval by a majority of ● Article XIX, section 13 of R.A. No. 6734: The provinces and cities which in
all the votes cast in the plebiscite they would have so indicated. Thus, in the plebiscite do not vote for inclusion in the Autonomous Region shall
Article XVIII, section 27, it is provided that "[t]his Constitution shall take effect remain in the existing administrative regions: Provided, however, that the
immediately upon its ratification by a majority of the votes cast in a plebiscite President may, by administrative determination, merge the existing
held for the purpose ... Comparing this with the provision on the creation of regions.
the autonomous region, which reads: ● What is referred to here is the merger of administrative regions, i.e.
The creation of the autonomous region shall be effective when approved by Regions I to XII and the National Capital Region, which are mere groupings
majority of the votes cast by the constituent units in a plebiscite called of contiguous provinces for administrative purposes [Integrated
for the purpose, provided that only provinces, cities and geographic areas Reorganization Plan (1972), which was made as part of the law of the land
voting favorably in such plebiscite shall be included in the autonomous by Pres. dec. No. 1, Pres. Dec. No. 742]. Administrative regions are not
region. [Art. X, sec, 18, para, 2]. territorial and political subdivisions like provinces, cities, municipalities and
● The creation of the autonomous region is made to depend, not on the total barangays [see Art. X, sec. 1 of the Constitution]. While the power to merge
majority vote in the plebiscite, but on the will of the majority in each of the administrative regions is not expressly provided for in the Constitution, it is a
constituent units and the proviso underscores this. for if the intention of the power which has traditionally been lodged with the President to facilitate the
framers of the Constitution was to get the majority of the totality of the votes exercise of the power of general supervision over local governments [see
cast, they could have simply adopted the same phraseology as that used for Art. X, sec. 4 of the Constitution]. There is no conflict between the power of
the ratification of the Constitution, i.e. "the creation of the autonomous region the President to merge administrative regions with the constitutional
provision requiring a plebiscite in the merger of local government units
because the requirement of a plebiscite in a merger expressly applies only to
provinces, cities, municipalities or barangays, not to administrative regions.
Issue #4:
● Petitioners question the validity of provisions in the Organic Act which create
an Oversight Committee to supervise the transfer to the autonomous region
of the powers, appropriations, and properties vested upon the regional
government by the organic Act [Art. XIX, Secs. 3 and 4]. Said provisions
mandate that the transfer of certain national government offices and their
properties to the regional government shall be made pursuant to a schedule
prescribed by the Oversight Committee, and that such transfer should be
accomplished within six (6) years from the organization of the regional
government.
● It is asserted by petitioners that such provisions are unconstitutional because
while the Constitution states that the creation of the autonomous region shall
take effect upon approval in a plebiscite, the requirement of organizing an
Oversight committee tasked with supervising the transfer of powers and
properties to the regional government would in effect delay the creation of
the autonomous region.
● Under the constitution, the creation of the autonomous region hinges only on
the result of the plebiscite. If the Organic Act is approved by majority of the
votes cast by constituent units in the scheduled plebiscite, the creation of the
autonomous region immediately takes effect. The questioned provisions in
R.A. No. 6734 requiring an oversight Committee to supervise the transfer do
not provide for a different date of effectivity. Much less would the
organization of the Oversight Committee cause an impediment to the
operation of the Organic Act, for such is evidently aimed at effecting a
smooth transition period for the regional government. The constitutional
objection on this point thus cannot be sustained as there is no bases
therefor.
Dispositive:
WHEREFORE, the petitions are DISMISSED for lack of merit.

Disomangcop v. Secretary ● Republic Act 8999 never became an operative and was superseded or
G.R. No.149848 | November 25, 04’ | J. Tinga repealed by Republic Act 9054.
Digest by: INFANTE ● RA 8999 is patently inconsistent with RA 9054 which is a later law. RA 9054,
which is anchored on the 1987 Constitution advances the constitutional grant
Petitioners: ARSADI M. DISOMANGCOP and RAMIR M. DIMALOTANG
of autonomy by detailing the powers of the ARMM which covers among
Respondents: THE SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS
others Lanao del Sur. However, RA 8999 ventures to re-establish the
AND HIGHWAYS SIMEON A. DATUMANONG and THE SECRETARY OF National Government's jurisdiction over the infrastructure programs in Lanao
BUDGET and MANAGEMENT EMILIA T. BONCODIN del Sur.
● RA 8999 is patently inconsistent with RA 9054, and it destroys the latter
Doctrine:
law's objective of devolution of the functions of DPWH in line with the policy
of the Constitution to grant LGUs meaningful and authentic regional
Facts: autonomy.
● On Aug. 1, 1989, RA 6734 was passed (Organic Act of ARMM). ● DO 119 creating the Marawi Sub-District Engineering Office which has
● Four provinces voted for inclusion in ARMM, namely: Lanao del Sur, jurisdiction over infrastructure projects within Marawi City and Lanao del Sur
Maguindanao, Sulu and Tawi-Tawi. In accordance with it, EO 426 was is violate of the provisions of EO 426 which implements the transfer of
issued by Pres. Cory Aquino on Oct. 12, 1990. control and supervision of the DPWH to the ARMM in line with RA 6734.
● The same devolved to the ARMM the power of the DPWH. Consequently, ● The office created under DO 119 having essentially the same powers with
DO 119 entitled "Creation of Marawi Sub-District Engineering Office." was the District Engineering Office of Lanao del Sur as created under EO 426, is
issued by DPWH Sec. Vigilar last May 20, 1999, which is in accordance with a duplication.
the E.O 124. ● The DO in effect takes back powers which have been previously devolved
● It created a DPWH Marawi Sub-District Engineering Office which shall have under EO 426. RA 9054 however has repealed DO Department Order 119.
jurisdiction over all national infrastructure projects and facilities under the ● R.A 8999 is contrary to and cannot be reconciled with both ARMM Organic
DPWH within Marawi City and Lanao del Sur. Acts. It contravened true decentralization which is the essence of regional
● On Jan. 17, 2001, RA 8999 which created a new Engineering District in the autonomy. And, D.O were issued unconstitutional and were issued grave
first district of Lanao del Sur was passed by Pres. Estrada entitled “An act abuse of discretion
establishing an engineering district as the first district of Lanao Del Sur and
appropriating funds therefor”. On March 31, 2001, RA 9054 which amended SUMMARY:
RA 6734 was passed. The province of Basilan and the City of Marawi voted EO 642 was issued which placed the control and supervision of the offices of DPWH
to join ARMM through said law. within ARMM under the Autonomous Regional Government, specifically DPWH-
● Disomangcop and Dimalotang sin their capacity as Officer-in-Charge and ARMM. DO 119 was subsequently issued which created a Marawi Engineering Office
Engineer II respectively of the First Engineering District of DPWH-ARMM in which shall have jurisdiction over all projects under DPWH within Marawi City, a city
Lanao del Sur filed a petition questioning the constitutionality and validity of which would later form part of the ARMM. RA 8999 was later approved which
DO 119 and RA 8999 on the ground that they contravene the constitution established an engineering district in the province of Lanao del Sur, a province part of
and the organic acts of the ARMM. the ARMM. RA 9054 was passed amending the Organic Act of the ARMM (RA 6734).
● Moreover they sought mainly the following relief: to prohibit respondent It was ratified in a plebiscite. The City of Marawi now form part of the ARMM.
DPWH Secretary from implementing D.O 119 and R.A 8999 and releasing Consequently petitioners engineers for DPWH-ARMM filed petition for certiorari,
funds for public work projects intended for Lanao Del Sur and Marawi City to prohibition, mandamus with prayer for TRO/WPI. SC granted petition except
the Marawi Sub-District Engineering Office and other administrative regions mandamus. SC did not declare RA 8999 unconstitutional because law never became
of DPWH. operative
Dispositive:
Issue/s: WHEREFORE, considering that Republic Act No. 9054 repealed Republic Act No. 8999 and
WON DO 119 and RA 8999 are both invalid and constitutionally infirm - YESSIR rendered DPWH Department Order No. 119 functus officio, the petition insofar as it seeks the
writs of certiorari and prohibition is GRANTED. Accordingly, let a writ of prohibition ISSUE
(technically 8999 was never unconstitutional because it never came into effect) commanding respondents to desist from implementing R.A. 8999 and D.O. 119, and maintaining
the DPWH Marawi Sub-District Engineering Office and the First Engineering District of the
Province of Lanao del Sur comprising the City of Marawi and the municipalities within the First
District of Lanao del Sur. However, the petition insofar as it seeks a writ of mandamus against
respondents is DENIED.
Ratio:
Pandi v. CA ● On October 29, 1993, President Ramos issued EO 133, transferring the
G.R. No. 116850 | April 11, 2002 | Carpio, J. powers and functions of the Department of Health in the region to the
Digest by: HAM Regional Government of the ARMM.
● On November 6, 1993, Macacua again issued a Memorandum reiterating
Petitioners: DR. LAMPA I. PANDI and DR. JARMILA B. MACACUA
Pandi’s designation as OIC, IPHO-APGH, Lanao del Sur, as well as Sani’s
Respondents: COURT OF APPEALS, and DR. AMER A. SABER
detail to the Regional Office of the DOH-ARMM in Cotabato City.
● The Court of Appeals, consolidating the cases of Pandi, Sani, and Saber,
Doctrine:
held that:
The power to appoint provincial officials by the autonomous regional government ○ Saber is the lawfully designated OIC, IPHO-APGH, Lanao del Sur.
should be given to the autonomous region by law. The CA ruled that Governor Mutilan has the power and authority to
appoint the provincial health officer under Sec. 478 of the Local
Facts: Government Code of 1991.
● In 1993, the following appointments involving the Integrated Provincial ○ Pandi, on the other hand, was not validly appointed as IPHO-
Health Office-Amai Pakpak General Hospital, Lanao del Sur (IPHO-APGH, APGH, as there is nothing in the Revised Administrative Code that
Lanao del Sur) were made: gave the DOH-ARMM Regional Secretary the power to appoint
provincial health officers, and that such appointing power is given to
the provincial governor.
Person Appointing Previous Office Subsequent ○ Sani was only on detail to the position of provincial health officer,
appointed Officer Office IPHO-APGH, Lanao del Sur. Sani could not claim a vested right or
entitlement to permanence in that office.
Dr Lampa PANDI Dr Jarmila DOH-ARMM Officer-in-Charge, ● Pandi and Macacua thus appealed to the Supreme Court assailing the CA
(Aug 9, 1993) MACACUA, in her Assistant Regional IPHO-APGH, decision.
capacity as Secretary Lanao del Sur
Regional Director Issue/s:
and as Regional ● WHO has the power to appoint the IPHO-APGH, Lanao del Sur during the
Secretary of period? - ARMM Regional Secretary of Health MACACUA
Health
Ratio:
Dr Mamasao Dr Jarmila IPHO-APGH, DOH-ARMM To answer the issue, the Court first apportioned five time periods to determine who
SANI (Aug 9, MACACUA Lanao del Sur Regional Office, had the power to appoint the provincial health officer of Lanao del Sur and in the
1993) Cotabato City ARMM in general. (Note: I made it SIX time periods para’ di confusing.)
SUMMARY OF THE TIME PERIODS:
Dr Amer SABER Lanao del Sur None mentioned IPHO-APGH,

(Sep 15, 1993) Govenor Mahid Lanao del Sur Time Period Applicable Law Appointing Classification
MUTILAN Officer
PRIOR to the EXECUTIVE Minister of Health National

Organic Act of ORDER NO. 119 government official
● On August 12, 1993, Sani field a complaint with the Marawi RTC 1989
challenging the Macacua Memorandum which transferred him to the DOH-
ARMM Regional Office in Cotabato City. AFTER the 1984 LOCAL Secretary of National
● On October 5, 1993, Saber filed with the CA a petition for quo warranto with Organic Act of GOVERNMENT Health government official
prayer for preliminary injunction, claiming that he is the lawfully designated 1989 (November CODE
OIC of the IPHO-APGH. The CA issued a TRO enjoining Pandi from further 19, 1989)
discharging the functions and duties of IPHO-APGH.
AFTER the Local 1984 LOCAL Secretary of National

Secretary of Health, in effect amending EO 119 which gave the
Government GOVERNMENT Health government
National Secretary of Health to appoint the provincial health officer.
Code of 1991 CODE official
(January 1, 1992)
● After the ARMM Local Code
○ The ARMM Local Code provides that the provincial health officer in
Executive Order EXECUTIVE Regional National the ARMM is BOTH a regional official and also a provincial
No. 113 (October ORDER 113 Secretary of government government official, thus catching up with provincial health officers
29, 1993) Health official outside the ARMM. The ARMM Local Code provides that the salary
of the provincial health officer shall be paid from regional funds.
AFTER the ARMM ARMM LOCAL Provincial Provincial official HOWEVER, if the provincial health officer is to be paid using
Local Code CODE governor OR OR regional provincial funds, then the provincial governor becomes the
(March 3, 1994) regional governor ofifical appointing authority. If the province is ready and willing to pay, the
provincial governor is the appointing authority.
ARMM Organic 1991 LOCAL Provincial Provincial ○ If the Regional Governor is to appoint the provincial health officer,
Act of 2001 GOVERNMENT governor government official the provincial governor is to submit to the regional governor his
CODE recommendations and must choose among those
recommendations.
Note: Time periods in BOLD are the relevant time periods in this case.
● The Organic Act of 2001
● Prior to the Organic Act of 1989 ○ After the ratification of the ARMM Organic Act of 2001 by plebiscite,
○ A provincial health officer is appointed to “a region” and not to a the LGC of 1991 was expressly made applicable to the ARMM.
province. The Minister of Health, upon recommendation of the Thus, the appointment of provincial health officer in the ARMM has
Regional Director, can assign the provincial health officer to any now become the sole prerogative of the provincial governor, and
province within the region. The 1984 Local Government Code did such are to be paid out of provincial funds.
not provide for a provincial health officer as a position that the
governor appoints, thus the Governor cannot appoint a provincial AS TO THE PERSONS INVOLVED
health officer at this time.
● On SABER:
● After the Organic Act of 1989 ○ Saber was appointed by Lanao del Sur Govenor Mahid Mutialn on
○ It is in the Organic Act of 1989 that until a regional law was passed Sept. 15, 1993. On this date, the provincial health officer of Lanao
implementing devolution of powers, the LGC of 1984 was to be del Sur was still a national government official. It is thus the
applicable. As the 1984 LGC did not give the provincial governor Secretary of Health who has the authority to appoint the IPHO-
the authority to appoint a provincial health officer, such authority is APGH, Lanao del Sur. Thus, Saber’s appointment is VOID.
still vested with the Minister/Secretary of Health.
● On SANI:
● After the Local Government Code of 1991 ○ Sani was appointed as provincial health officer by Secretary Alfredo
○ The LGC of 1991 for the first time vested with the provincial R.A. Bengzon on January 1, 1988. Sani was appointed, however,
governor the power to appoint a provincial health officer. not as the IPHO-APGH, Lanao del Sur but was appointed to Region
HOWEVER, the LGC of 1991 DID NOT APPLY to the ARMM as XII, where Lanao del Sur belonged at that time. The Secretary of
the Organic Act of 1989 could only be amended through a Health, upon recommendation of the Regional Director, could
ratification process, and only applied prospectively to new assign provincial health officers to any province within the region.
autonomous regions made after the implementation of the Thus, Sani cannot claim any security of tenure as provincial
1991 LGC. Thus, it was STILL the 1984 LGC that was applicable to health officer of Lanao del Sur because he was NEVER
the ARMM, and as such, the provincial health officer is a national appointed to that position.
government officer appointed by the Secretary of Health. ○ Moreover, Macacua’s appointment of Sani to the Regional Office of
the DOH-ARMM was ultra vires. At that time, on August 9, 1993,
● After EO 133 the powers and functions of the DOH was not yet transferred to the
○ President Ramos issued EO 133 transferring the powers and ARMM regional government, and such authority still belonged to
functions of the Department of Health in ARMM to the Regional the Secretary of Health. Thus, such transfer was void.

○ HOWEVER, Macacua again issued a memorandum on November
6, 1993, reitreating the transfer. At this time, EO 133 had taken
effect and the supervision and control of the regional office of the
DOH was transferred from the Secretary of Health to the Regional
Secretary of Health (Macauca). Thus, Sani’s transfer to the
regional office is VALID.
● On PANDI:
○ As EO 133 had taken effect during the second memorandum on
November 6, 1993, it was well within Macauca’s power to transfer
Pandi as IPHO-APGH. Thus, Pandi’s appointment is VALID.
Dispositive:
WHEREFORE, the petition is GRANTED and the assailed decision of the Court of
Appeals dated April 15, 1994 in CA-G.R. SP No. 32242 is SET ASIDE. The
designation on September 15, 1993 of Dr. Amer A. Saber as Officer-in--Charge of the
Integrated Provincial Health Office of Lanao del Sur is declared void. On the other
hand, the designation on November 6, 1993 of Dr. Lampa I. Pandi as Officer--in-
-Charge of the Integrated Provincial Health Office of Lanao del Sur, and the
assignment on November 6, 1993 of Dr. Mamasao Sani to the DOH--ARMM Regional
Office in Cotabato City, are declared valid. No costs.
SO ORDERED.

G. SPECIAL METROPOLITAN POLITICAL SUBDIVISIONS MMDA Memorandum Circular No. TT-95-001, as he claims that it was
MMDA v. Garin passed by the Metro Manila Council in the absence of a quorum.
G.R. No. | Date | Ponente
Digest by: GUEVARRA
The RTC ruled that:
Petitioners: MMDA
● there was indeed no quorum in that First Regular Meeting of the MMDA
Respondents: Dante O. Garin
Council held hence MMDA Memorandum Circular No. TT-95-001,
authorizing confiscation of drivers licenses upon issuance of a TVR, is void
Doctrine:
ab initio.
MMDA is not a political unit of government. The power delegated to the MMDA is ● The summary confiscation of a drivers license without first giving the driver
that given to the Metro Manila Council to promulgate administrative rules and an opportunity to be heard; depriving him of a property right (drivers license)
regulations in the implementation of the MMDAs functions. There is no grant of without DUE PROCESS; not filling (sic) in Court the complaint of supposed
authority to enact ordinances and regulations for the general welfare of the traffic infraction, cannot be justified by any legislation (and is) hence
inhabitants of the metropolis. unconstitutional.
Facts:
● Dante O. Garin, a lawyer, was issued a traffic violation receipt (TVR) and his Issue/s:
drivers license confiscated for parking illegally along Gandara Street, ● WON MMDA can confiscate/ suspend/revoke driver’s license in the
Binondo, Manila. enforcement of traffic rules and regulations
● Shortly before the expiration of the TVRs validity, the respondent addressed Ratio:
a letter to then MMDA Chairman Prospero Oreta requesting the return of his ● Metropolitan or Metro Manila is a body composed of several local
drivers license, and expressing his preference for his case to be filed in government units. With the passage of Rep. Act No. 7924 in 1995,
court. Metropolitan Manila was declared as a "special development and
● Receiving no immediate reply, Garin filed the original complaint with administrative region" and the administration of "metro-wide" basic services
application for preliminary injunction with RTC Paranaqe contending that, in affecting the region placed under "a development authority" referred to as
the absence of any implementing rules and regulations, Sec. 5(f) of Rep. Act the MMDA. Thus: The MMDA is, as termed in the charter itself, a
No. 7924 grants the MMDA unbridled discretion to deprive erring motorists of "development authority." It is an agency created for the purpose of laying
their licenses, pre-empting a judicial determination of the validity of the down policies and coordinating with the various national government
deprivation, thereby violating the due process clause of the Constitution. The agencies, people's organizations, non-governmental organizations and the
respondent further contended that the provision violates the constitutional private sector for the efficient and expeditious delivery of basic services in
prohibition against undue delegation of legislative authority, allowing as it the vast metropolitan area. All its functions are administrative in nature and
does the MMDA to fix and impose unspecified and therefore unlimited - fines these are actually summed up in the charter itself
and other penalties on erring motorists. ● * Section 5 of Rep. Act No. 7924 states that the petitioner shall "install and
● He further alleged that he suffered and continues to suffer great and administer a single ticketing system, fix, impose and collect fines and
irreparable damage because of the deprivation of his license and that, penalties for all kinds of violations of traffic rules and regulations, whether
absent any implementing rules from the Metro Manila Council, the TVR and moving or non-moving in nature, and confiscate and suspend or revoke
the confiscation of his license have no legal basis. drivers' licenses in the enforcement of such traffic laws and regulations, the
● MMDA, represented by OSG, pointed out that the powers granted to it by provisions of Rep. Act No. 4136 and P.D. No. 1605 to the contrary
Sec. 5(f) of Rep. Act No. 7924 are limited to the fixing, collection and notwithstanding," and that f)or this purpose, the Authority shall enforce all
imposition of fines and penalties for traffic violations, which powers are traffic laws and regulations in Metro Manila, through its traffic operation
legislative and executive in nature; the judiciary retains the right to determine center, and may deputize members of the PNP, traffic enforcers of local
the validity of the penalty imposed. It further argued that the doctrine of government units, duly licensed security guards, or members of non-
separation of powers does not preclude admixture of the three powers of governmental organizations to whom may be delegated certain authority,
government in administrative agencies. subject to such conditions and requirements as the Authority may impose."
● The MMDA also refuted Garins allegation that the Metro Manila Council, the ● There is no provision in RA 7924 that empowers MMDA or its council to
governing board and policy making body of the petitioner, has as yet to “enact ordinance, approve resolutions and appropriate funds for the general
formulate the implementing rules for Sec. 5(f) of Rep. Act No. 7924 and welfare of the inhabitants of Metro Manila.” It is an agency created for the
directed the courts attention to MMDA Memorandum Circular No. TT-95-001 purpose of laying down policies and coordinating with the various national
dated 15 April 1995. Respondent Garin, however, questioned the validity of government agencies, People’s Organizations, NGOs and private sector for

the efficient and expeditious delivery of services. All its functions are
administrative in nature
Dispositive:
WHEREFORE, the petition is DISMISSED.
SO ORDERED.

MMDA v. Bel-Air o Therefore, the MMDA cannot exercise police power because it
G.R. No. 135962 | March 27, 2000 | Puno, J. cannot be delegated to them. It is not a legislative unit of the
Digest by: GARCIA government.
● Republic Act No. 7924 does not empower the MMDA to enact ordinances,
Petitioners: METROPOLITAN MANILA DEVELOPMENT AUTHORITY
approve resolutions and appropriate funds for the general welfare of the
Respondents: BEL-AIR VILLAGE ASSOCIATION, INC.
inhabitants of Manila.
● There is no syllable in the said act that grants MMDA police power.
Doctrine:
● It is an agency created for the purpose of laying down policies and
Unlike the legislative bodies of the local government units, there is no provision in coordinating with various national government agencies, people’s
R. A. No. 7924 that empowers the MMDA or its Council to "enact ordinances, organizations, non-governmental organizations and the private sector for the
approve resolutions and appropriate funds for the general welfare" of the efficient and expeditious delivery of basic services in the vast metropolitan
inhabitants of Metro Manila. area.
● It will be noted that the powers of the MMDA are limited to the following acts:
The MMDA is, as termed in the charter itself, a "development authority." It is an o formulation
agency created for the purpose of laying down policies and coordinating with the o coordination
various national government agencies, peoples organizations, non-governmental o regulation
organizations and the private sector for the efficient and expeditious delivery of o implementation
basic services in the vast metropolitan area. All its functions are administrative in o preparation
nature and these are actually summed up in the charter itself o management
o monitoring
Facts: o setting of policies
● Metropolitan Manila Development Authority (MMDA), is a Government o installation of a system and administration.
Agency tasked with the delivery of basic services in Metro Manila ● Even the Metro Manila Council has not been delegated any legislative
● Bel-Air Village Association (BAVA), respondent herein, received a letter of power.
request from the petitioner to open Neptune Street of Bel-Air Village for the ● Unlike the legislative bodies of the local government units, there is no
use of the public. provision in R. A. No. 7924 that empowers the MMDA or its Council to "enact
● The said opening of Neptune Street will be for the safe and convenient ordinances, approve resolutions and appropriate funds for the general
movement of persons and to regulate the flow of traffic in Makati City. welfare" of the inhabitants of Metro Manila.
o This was pursuant to MMDA law or Republic Act No. 7924. ● The MMDA is, as termed in the charter itself, a "development authority." It is
● On the same day, the respondent was appraised that the perimeter wall an agency created for the purpose of laying down policies and coordinating
separating the subdivision and Kalayaan Avenue would be demolished. with the various national government agencies, peoples organizations, non-
● The respondent, to stop the opening of the said street and demolition of the governmental organizations and the private sector for the efficient and
wall, filed a preliminary injunction and a temporary restraining order. expeditious delivery of basic services in the vast metropolitan area. All its
● Respondent claimed that the MMDA had no authority to do so and the lower functions are administrative in nature and these are actually summed up in
court decided in favor of the Respondent. the charter itself
● Petitioner appealed the decision of the lower courts and claimed that it has
the authority to open Neptune Street to public traffic because it is an agent of Regarding the issue on the Metro Manila Council being the predecessor of MMDA:
the State that can practice police power in the delivery of basic services in ● there was the mention of the Sangalang case which the Court held to be
Metro Manila. inapplicable
Issue/s: ● the MMDA is not the same entity as the MMC in Sangalang. Although the
● W/N the MMDA has the mandate to open Neptune Street to public traffic MMC is the forerunner of the present MMDA, an examination of Presidential
pursuant to its regulatory and police powers? - NO Decree (P. D.) No. 824, the charter of the MMC, shows that the latter
Ratio: possessed greater powers which were not bestowed on the present MMDA.
● The Court held that the MMDA does not have the capacity to exercise police ● The MMC was the "central government" of Metro Manila for the purpose of
power. establishing and administering programs providing services common to the
o Police power is primarily lodged in the National Legislature. area
o However, police power may be delegated to government units. Dispositive:
● Petitioner herein is a development authority and not a political government IN VIEW WHEREOF, the petition is denied. The Decision and Resolution of the Court
unit. of Appeals in CA-G.R. SP No. 39549 are affirmed. SO ORDERED.

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IV.

Complaints against the Mayor:

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(NOT IMPORTANT BUT INCASE SIR ASKS)

● The issue of non-compliance with the prescribed procedure in the enactment

● We make no ruling on the substantive provisions of the Manila Revenue

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WHEREFORE, in view of all the foregoing, the petition is GRANTED. The

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Dispositive: IN LIGHT OF ALL THE FOREGOING, the petition is GRANTED. The

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SUMMARY OF THE TIME PERIODS:

Dr Amer SABER Lanao del Sur None mentioned IPHO-APGH,

PRIOR to the EXECUTIVE Minister of Health National

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