Case Facts Ruling

San Juan vs. Civil Service The provincial Governor requested the director of DBM to Where a law is capable of two interpretations, one in favor of
Commission endorse the appointment of Ms. Santos (who had assumed centralized power in Malacañang and the other beneficial to
office as Acting PBO) as Provincial Budget Officer of Rizal. local autonomy, the scales must be weighed in favor of
However, the DBM Regional Director found Almajose to be autonomy. The DBM Circular providing for its right to fill up
the most qualified among the nominees and recommended any existing vacancy where none of the nominees of the
to the DBM Secretary her appointment as PBO. Petitioner is local chief executive meet the prescribed requirements is
protesting the appointment on the ground that it is the therefore ultra vires. The DBM may appoint only from the list
Provincial Governor, not the RD who has the power to of qualified recommendees nominated by the Governor.,
recommend nominees for the position of PBO. and if none is qualified, he must return the list of nominees
to the Governor explaining why no one meets the legal
requirements and ask for new recommendees.

Ganzon vs. Court of Appeals Ten administrative complaints were filed against Mayor The Secretary of Local Government (as the alter ego of the
Ganzon of Iloilo City. Secretary Santos issued three President) has the authority to suspend and remove local
preventive suspensions, each lasting sixty days each. officials. In spite of local autonomy, the Constitution places
Ganzon filed a petition for prohibition, arguing that the the local government under the general supervision of the
Secretary (the Executive) does not have the power to Executive.
subject him to disciplinary action.
"Supervision" is not incompatible with disciplinary authoritym
and Nevertheless, the Secretary in this case acted with GAD
in imposing 600 days of suspension, which is tantamount to
a permanent suspenion.

Carpio vs. Executive Secretary Petitioner Antonio Carpio as citizen, taxpayer and member Sec. 12 of RA 6975 does not constitute an abdication of the
of the Philippine Bar, filed a petition questioning the President of executive control and his commander in chief
constitutionality of RA 6975, which estalishes the PNP under powers. Under the doctrine of qualified political agency, as
a reogranized DILG. He argues that the act contravenes Art. the President cannot be expected to exercise his control
XVI, sec. 6 of the 1986 Constitution, which provides for a powers all at the same time and in person, he will have to
police force to be administered and controlled by a national delegate some of them to his Cabinet members.The placing
police commission. of NAPOLCOM and PNP under the reorganized DILG is
merely an administrative realignment.

Magtajas vs. Pryce PAGCOR prepared to inaugurate a casino in Cagayan de The ordinances are invalid. The LGC, which empowers the
Oro City on properties it leased from Pryce Corporation. The local government to prevent or suppress only those forms of
Sangguniang Pangluson of CDO enacted ordinances which gambling prohibited by law. PD 1689 (created PAGCOR)
prohibited operation of gambling casinos in the city. authorizes casino gambling. A decree has the status of a
statute – it cannot be amended or nullified by a mere
ordinance. Ordinances should not contravene a statute.
Municipal governments are only agents of the national
government. Local councils exercise only delegated
 legislative powers conferred on them by Congress.

Drilon vs. Lim The Secretary of Justice declared Ordinance No. 7794 RTC ruling reversed. Section 187 authorizes the petitioner to
(Manila Revenue Code) null and void for non-compliance review only the constitutionality or legality of tax ordinance.
with the procedure in the enactment of tax ordinances and What he found only was that it was illegal. That act is not
for containing certain provisions contrary to law and public control but supervision.Control lays down the rules in the
policy. RTC revoked the Secretary’s resolution, declaring doing of the act the ordering of the act to be undone or re-
Sec 187 of the LGC as unconstitutional because it vests on done if it is not followed. Supervision sees to it that the rules
the Secretary the power of control over LGUs in violation of are followed.
the policy of local autonomy mandated in the Constitution.

Joson vs. Executive Secretary A complaint was filed against Governor Joson before the The resolution of the DILG does not constitute undue
Office of the President for barging violently into the session delegation. The President remains the Disciplining Authority.
hall of the Sangguniang Panlalawigan in the company of What is delegated is the power to investigate, not the power
armed men. The case was endorsed to the DILG, who to discipline. As the Disciplining Authority, the President has
declared Joson in default and preventively suspened him for the power derived from the Constitution itself to investigate
failure to file an answer (even after 3 extensions). The complaints against local government officials. A. O. No. 23,
Executive Secretary, by authority of the Presdient, adopted however, delegates the power to investigate to the DILG or
the findings and recommendation of the DILG Secretary and a Special Investigating Committee, as may be constituted by
suspended Joson from office. Joson argues that this the Disciplining Authority.
constitutes undue delegation of the President’s power to
discipline local government officials.

Province of Batangas vs. Romulo President Estrada issued EO 48 (Program for Devolution The assailed provisos in the GAAs of 1999, 2000, and 2001,
Adjustment and Equalization) pursuant to which the and the OCD resolutions constitutea “withholding” of a
Oversight Committee under Executive Secretary Zamora portion of the IRA – they effectively encroach on the fiscal
passed resolutions requiring LGUs to identify projects autonomy enjoyed by LGUs and must be struck down.
eligible for funding and submit project proposals to the DILG Pursuant to the principle of local autonomy, the Constitution
for appraisal before the Committee will serve notice to the confines the President’s power over the LGUs to one of
DBM for release of funds. The Governor of Batangas sought general supervision, which has been interpreted to exclude
to declare unconstitutional certain provisions of the GAAs of the power of controlThe LGSEF is part of the IRA or “just
1999-2001 insofar as they uniformly earmarked for each share” of the LGUs in the national taxes, which the
corresponding year the amount of P5billion for the Internal Constitution mandates to be automatically released to the
Revenue Allotment (IRA) for the Local Government Service LGUs. The Oversight Committee’s authority is limited to the
Equalization Fund (LGSEF) & imposed conditions for the implementation of the LGC of 1991 not to supplant or
release thereof. subvert the same, and neither can it exercise control over
the IRA of the LGUs.

Batangas CATV, Inc. vs. CA Resolution 210 was enacted by the Sangguniang An LGUmay NOT regulate subsrciber rates charged by
Panglngsod of Batangas City granting Batangas CATV to CATV operators within its jurisdiction. NTC exercises
operate a CATV system. It authorized Batangas CATV to regulatory power over CATV operators to the exclusion of
charge its subscribers the maximum rates specified therein, other bodies. While CATV operation may be regulated by
“provided, however, that any increase of rates shall be LGU under the general welfare clause (since it crosses
subject to the approval of the Sangguniang Panlungsod. public properties), technical matters should be left to the
 After petitioner increased its rate from P88 to P180, it NTC.
received a letter from the Mayor threatening to cancel its
permit unless it secures the approval of the SP. Petitioner
argues that the SP has no authority to regulate its rates,
because under EO 205, it is the NTC that has the sole
authority to do so.

National Liga ng mga Barangay DILG, appointed as interim caretaker to administer and The DILG Secretary does NOT have the powerof control
vs. Paredes manage the affairs of the Liga ng mga Barangay in giving over the Liga ng mga Barangay. The President has general
remedy to alleged violations made by the incumbent officer supervision over local government units, which exclude the
of the Liga in the conduct of their elections, issued 2 power of control. As the entity exercising supervision over
memorandum circulars which alter, modify, nullify or set the Liga, the DILG’s authority is limited to seeing to it that
aside the actions of the Liga. Petitioner contends that the rules are followed, but it cannot lay down such rules
DILG’s appointment constitutes undue interference in its itself nor does it have the discretion to modify or replace the
internal affairs, since the latter is not subject to DILG control same.
and supervision. Respondent judge contends that DILG
exercises general supervisory jurisdiction over LGUs
including the different leagues based on sec. 1 of Admin.
Order No. 267.

Dimasangcop vs. Datumanong R.A. 8999 ventures to reestablish the National ARMM Organic Acts are deemed a part of the regional
Government’s jurisdiction over infrastructure programs in autonomy scheme. They enjoy affirmation by a plebiscite.
Lanao del Sur. D.O. 119 creates the Marawi Sub-District Hence, the provisions thereof cannot be amended by an
Engineering Office which has jurisdiction over infrastructure ordinary statute, such as R.A. 8999 – it contravenes true
projects within Marawi City and Lanao del Sur. Petitioners decentralization which is the essence of regional autonomy.
seek to declare both unconstitutional The RA creates an office with functions and powers which,
by virtue of E.O. 426, have been previously devolved to the
DPWH-ARMM, First Engineering District in Lanao del Sur.
The office created under D.O. 119, having essentially the
same powers, is a duplication of the DPWH-ARMM First
Engineering District in Lanao del Sur formed under the aegis
of E.O. 42 and in effect, takes back powers which have been
previously devolved under the said executive order.

ACORD vs. ZAMORA In the year 2000, the GAA appropriated PhP Article X Section 6 of the Constitution provides: “LGUs shall
111,778,000,000.00 of IRA as programmed fund. It have a just share, as determined by law, in the national
appropriated a separate amount of P10B of IRA under the taxes which shall be automatically released to them.” While
classification of unprogrammed fund, the latter amount to be automatice release implies that the just share should be
released only upon th occurrence of the conditions stated in released to them as a matter of course, withholding its
the GAA. The issue is WON the questioned provision violate release pending an event contravened the constitutional
the constitutional injunction that the just share of local mandate.
governments in the national taxes of the IRA shall be
 automatically released.

Province of Rizal vs. Executive Parts of the Marikina Watershed Reservation were set aside under the Local Government Code, two requisites must be
Secretary by the Office of the President [President Ramos], through met before a national project that affects the environmental
Proclamation No. 635, for use as a sanitary landfill. After and ecological balance of local communities can be
several protests it was closed, but it was then reopened in implemented:
2003. (1) prior consultation with the affected local
communities, and
(2)prior approval of the project by the appropriate
sanggunian.
Absent either of these mandatory requirements, the project’s
implementation is illegal.

Tan vs. Perea - PD 499 (Cockfighting Law) was enacted. Sec. 5 (b) . While the SB retains the power to authorize and license the
provides that only one cockpit shall be allowed in each city establishment, operation, and maintenance of cockpits, its
or municipality, except that in cities of municipalities with a discretion is limited in that it cannot authorize more than one
population of over 100K, two cockpits may be established, cockpit per city or municipality, unless such cities or
maintained and operated. At the time of Tan's application, municipalities have a population of over one hundred
Respondent Perea is a holder of a franchise and license to thousand, in which case two cockpits may be established.
operate a cockpit in the municipality. Perea filed a complaint Considering that Section 447(a)(3)(v) speaks essentially of
for damages. the identity of the wielder of the power of control and
supervision over cockpit operation, it is not inconsistent with
previous enactments that impose restrictions on how such
power may be exercised. In short, there is no dichotomy
between affirming the power and subjecting it to limitations
at the same time. The SB is the sole issuing authority but it
can only issue as much as permit as the Cockfighting Law
allows.

Sema vs. COMELEC Cotabato City, together with 8 municipalities constituted one Only Congress can create provinces and cities because the
legislative district under Maguindanao. The ARMM Regional creation of provinces and cities necessarily includes the
Assembly, exercising its power to create provinces under creation of legislative districts, a power only Congress can
RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 exercise. The ARMM Regional Assembly cannot create a
creating the Province of Shariff Kabunsuan separate from province without a legislative district because the
Magundanao. For purposes of elections for representatives Constitution mandates that every province shall have a
to Congress, the COMELEC issued a Resolution legislative district. The ARMM Regional Assembly cannot
maintaining the legislative district of the aforesaid 8 enact a law creating a national office like the office of a
municipalities plus Cotabato City. Sema, a candidate for district representative of Congress because the legislative
legislative representative claimed that the newly created powers of the ARMM Regional Assembly operate only within
province of Shariff Kabunsuan, by virtue of its creation its territorial jurisdiction as provided in Section 20, Article X
should automatically constitute its own legislative district of the Constitution.
apart from Cotabato city, receiving an additional seat in the
House of Representatives.