Republic v.
Bayao - On May 17, 2005, OIC Alid held a meeting and ordered the transfer
G.R. No. 179492 | June 5, 2013 | Leonen, J.
Petition: Petition for review on Certiorari under Rule 45
Petitioners: Republic of the Philippines (represented by Abusama Alid, OIC
DAR-RFU-XII)
Respondents: Abdulwahab Bayao, Osmea Montaer, Rakma Buisan,
Helem Alvarez, Neila Limba, Elizabeth Pusta, et al.
FACTS
- On March 30, 2004, EO 304 was passed designating Koronadal
City as the regional center and set of SOCCSKSARGEN Region
o Provides that all departments, bureaus, and offices of the
national government in the SOCCSKARGEN Region shall
transfer their regional seat of operations to Koronadal City
- In April 1, 2005 Memorandum, Department of Agriculture
Undersecretary for Operations Edmund Sana directed OIC Alid as
follows:
o Effect the transfer of administrative, finance, and operations
base of RFU-XIII from Cotabato to Koronadal
Part of the staff can temporarily hold office either or
both at ATI Building in Tantangan and Tupi Seed
Farm, but main office should be in Koronadal
o Action plan for transfer must be submitted to the office not
later than April 6, 2005 so that appropriate funding can be
processed soonest
- In April 22, 2005 Memorandum, addressed to DA Secretary Arthur
Yap, private respondents oppsed the implementation of the memo
o In 2004, PGMA made a pronouncement in one of her visits
that Cotabato will remain the regional seat of Region XII and
only 3 departments were not covered by the suspension of
EO 304 (DTI, DOT, DOLE)
o They appealed to Secretary of Agriculture that the
implementation of EO 304 be held in abeyance
- On March 8, 2005, the petition was indorsed by the Department of
Agriculture Employees Association-12 President Osmena Montaner
o Justified the appeal by saying that a building was
constructed in Cotabato which can accommodate the whole
staff while there is no building yet in Koronadal and rent is
very expensive
o If regional office remains in Cotabato, government need not
to spend 7.2 million as dislocation pay
rd
o Proposed that the 3 floor of ATI Building has a substandard
foundation and will not be issued a certificate of occupancy
by City Engineering Office of Koronadal as per information
from an auditor
of the Regional Office to ATI Building and Tupi Seed Farm (both in
Koronadal) to be carried out on May 21, 2005
o Prompting respondents to file a complaint for injunction and
TRO which was granted by the RTC
- Petitioner went to CA via Rule 65 (dismissed for failure to resort to a
Motion for Reconsideration of the assailed RTC Order)
ISSUES
1. Whether the issuance by the RTC of a preliminary injunction against the
transfer violates separation of powers between the executive and the
judiciary? YES.
RULING & RATIO
- While the power to merge administrative regions is not provided for
expressly in the Constitution, it is a power traditionally lodged
with the President
o To facilitate exercise of the power of general supervision
over local governments (power of supervision is found in the
Constitution as well as the Local Government Code of 1991)
- While the transfer may not be timely considering the circumstances,
these concerns are addressed to the wisdom of the transfer
rather than to its legality.
- The transfer of the regional center of SOCCSKSARGEN region
to Koronadal City is an executive function
o Judiciary cannot inquire into the wisdom or expediency of
the acts of the executive
Judiciary will neither direct nor restrain executive or
legislative action (Justice Laurel)
- A verbal pronouncement to the effect that EO 304 is suspended
should not have been given weight, an EO is valid when it is not
contrary to the law or the Constitution
DISPOSITION
Petition is granted. CA and RTC decisions are reversed and set aside.
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