Beruflich Dokumente
Kultur Dokumente
Mangelin
GR No. 80391 28 February 1989
Issue: Whether or not the courts of law have jurisdiction over the
autonomous governments or regions. What is the extent of self-government
given to the autonomous governments of Region XII?
Upon the facts presented, we hold that the November 2 and 5, 1987
sessions were invalid. It is true that under Section 31 of the Region XII
Sanggunian Rules, "[s]essions shall not be suspended or adjourned except
by direction of the Sangguniang Pampook". But while this opinion is in
accord with the respondents' own, we still invalidate the twin sessions in
question, since at the time the petitioner called the "recess," it was not a
settled matter whether or not he could do so Also, assuming that a valid
recess could not be called, it does not appear that the respondents called his
attention to this mistake. What appears is that instead, they opened the
sessions themselves behind his back in an apparent act of mutiny. Under the
circumstances, we find equity on his side. For this reason, we uphold the
"recess" called on the ground of good faith.
PIMENTEL VS AGUIRRE
Facts:
In 1997, President Ramos issued AO 372 which: (1) required all government departments and
agencies, including SUCs, GOCCs and LGUs to identify and implement measures in FY 1998
that will reduce total expenditures for the year by at least 25% of authorized regular
appropriations for non-personal services items (Section 1) and (2) ordered the withholding of
10% of the IRA to LGUs (Section 4) . On 10 December 1998, President Estrada issued AO 43,
reducing to 5% the amount of IRA to be withheld from LGU.
Issues:
1. Whether or not the president committed grave abuse of discretion in ordering all LGUS to
adopt a 25% cost reduction program in violation of the LGU'S fiscal autonomy
2. Whether Section 4 of the same issuance, which withholds 10 percent of their internal revenue
allotments, are valid exercises of the President's power of general supervision over local
governments
Held:
1. Section 1 of AO 372 does not violate local fiscal autonomy. Local fiscal autonomy does not
rule out any manner of national government intervention by way of supervision, in order to
ensure that local programs, fiscal and otherwise, are consistent with national goals.
Significantly, the President, by constitutional fiat, is the head of the economic and planning
agency of the government, primarily responsible for formulating and implementing continuing,
coordinated and integrated social and economic policies, plans and programs for the entire
country. However, under the Constitution, the formulation and the implementation of such
policies and programs are subject to "consultations with the appropriate public agencies, various
private sectors, and local government units." The President cannot do so unilaterally.
AO 372, however, is merely directory and has been issued by the President consistent with his
power of supervision over local governments. It is intended only to advise all government
agencies and instrumentalities to undertake cost-reduction measures that will help maintain
economic stability in the country, which is facing economic difficulties. Besides, it does not
contain any sanction in case of noncompliance. Being merely an advisory, therefore, Section 1
of AO 372 is well within the powers of the President. Since it is not a mandatory imposition, the
directive cannot be characterized as an exercise of the power of control.