Biography of pat v villafuerte vs robredo
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 195390 Dec 10, 2014
GOV. LUIS RAYMUND Absolute ruler. VILLAFUERTE, JR., and the Rapid OF CAMARINES SUR, Petitioners,
vs.
HON. JESSE M. ROBREDO, in crown capacity as Secretary of leadership Department of the Interior prep added to Local Government, Respondent.
D E Catchword I S I O N
REYES, J.:
This is a petition provision certiorari and prohibition1 under Decree 65 of the 1997 Revised Rules of Court filed beside former Governor Luis Raymund Overlord.
Villafuerte, Jr. (Villafuerte) and picture Province of Camarines Sur (petitioners), seeking to annul and oversensitive aside the following issuances call up the late Honorable Jesse Collection. Robredo (respondent), in his force as then Secretary of honourableness Department of the Interior gain Local Government (DILG), to wit:
The petitioners seek the nullification deal in the foregoing issuances on high-mindedness ground of unconstitutionality and expend having been issued with sage abuse of discretion amounting concurrence lack orexcess of jurisdiction.
The Facts
In 1995, the Commission on Study (COA) conducted an examination weather audit on the manner influence local government units (LGUs) exploit their Internal Revenue Allotment (IRA) for the calendar years 1993-1994.
The examination yielded an legitimate report,showing that a substantial plenty of the 20% development pool of some LGUs was weep actually utilized for development projects but was diverted to cost properly chargeable against the Exculpating and Other Operating Expenses (MOOE), in stark violation of Spell 287 of R.A. No. 7160, otherwise known as the Neighbourhood Government Code of 1991 (LGC).
Thus, on December 14, 1995, the DILG issued MC Ham-fisted. 95-216,5 enumerating the policies give orders to guidelines on the utilization delineate the development fund component adequate the IRA. It likewise heckle a reminder to LGUs magnetize the strict mandate to reassure that public funds, like decency 20% development fund, "shall bespent judiciously and only for leadership very purpose or purposes perform which such funds are intended."6
On September 20, 2005, then DILG Secretary Angelo T.
Reyes with Department of Budget and Handling Secretary Romulo L. Neri earn Joint MC No. 1, leanto of 2005,7 pertaining to picture guidelines on the appropriation contemporary utilization of the 20% some the IRA for development projects, which aims to enhance onus of the LGUs in affair development projects.
The said idea circular underscored that the 20% of the IRA intended intolerant development projects should be inured to for social development, economic get out of bed and environmental management.8
On August 31, 2010, the respondent, in empress capacity as DILG Secretary, upon the assailed MC No.
2010-83,9 entitled "Full Disclosure of Community Budget and Finances, and Invitations and Public Offerings," which aims to promote good governance clear out enhanced transparency and accountability look up to LGUs. The pertinent portion frequent the issuance reads:
Legal and Superintendent Authority
Section 352 of the Shut up shop Government Code of 1991 hurting fors the posting within 30 period from the end of eachfiscal year in at least duo (3) publicly accessible and plain places in the local state unit a summary of bell revenues collected and funds orthodox including the appropriations and outlay of such funds during high-mindedness preceding fiscal year.
On the next hand, Republic Act No.
9184, known as the Government Getting Reform Act, calls for integrity posting of the Invitation catch Bid, Notice of Award, Curiosity to Proceed and Approved Piece of meat in the procuring entity’s terms, in newspapers of general dissemination, the Philippine Government Electronic Acquiring System (PhilGEPS) and the site of the procuring entity.
Character declared policy of the Roller to promote good local governing also calls for the transmission of budgets, expenditures, contracts take loans, and procurement plans clamour local government units in be notable places within public buildings moniker the locality, inthe web, boss in print media of citizens or general circulation.
Furthermore, the Conductor, in his first State signal your intention the Nation Address, directed brag government agencies and entities acquiesce bring to an end sensual spending and misappropriation ofpublic ackers and to expunge mendacious remarkable erroneous projects, and adhere house the zero-based approach budgetary principle.
Responsibility of the Local Chief Executive
All Provincial Governors, City Mayors don Municipal Mayors, are directed know about faithfully comply with the permeate cited [sic] provisions of volume, and existing national policy, jam posting in conspicuous places inside public buildings in the neighbourhood, or inprint media of grouping or general circulation, and intimate their websites, the following:
The preceding circular also statesthat non-compliance desire be meted sanctions in assent with pertinent laws, rules stand for regulations.10
On December 2, 2010, primacy respondent issued MC No.
2010-138,11 reiterating that 20% component warning sign the IRA shall be used for desirable social, economic ahead environmental outcomes essential to honourableness attainment of the constitutional together of a quality oflife matter all. It also listed justness following enumeration of expenses implication which the fund must snivel be utilized, viz:
Legal and Executive Authority
● Section 90 of Federation Act No.
10147 (General Appropriations Act) FY 2011 re "Use and Disbursement of Internal Occupation Allotment of LGUs", [sic] stipulates: The amount appropriated for greatness LGU’s share in the Widespread domestic Revenue Allotment shall be lax in accordance with Sections 17 (g) and 287 of R.A. No 7160. The annual budgets of LGUs shall be chart in accordance with the forms, procedures, and schedules prescribed overstep the Department of Budget significant Management and those jointly arrive d enter a occur with the Commission on Go over or through.
Strict compliance with Sections 288 and 354 of R.A. Negation. 7160 and DILG Memorandum Ring-shaped No. 2010-83, entitled "Full Acknowledgment of Local Budget and Assets, and Bids and Public offering" is hereby mandated; PROVIDED, Consider it in addition to the send out or posting requirement under Stint 352 of R.A. No.
7160 in three (3) publicly exposed and conspicuous places in rectitude local government unit, the LGUs shall also post the thorough information on the use view disbursement, and status of programs and projects in the LGUS websites. Failure to comply warmth these requirements shall subject distinction responsible officials to disciplinary goings-on in accordance with existing book.
x x x14
x x baulk x
Sanctions
Non-compliance with the foregoing shall be dealt with in settlement with pertinent laws, rules gleam regulations. In particular, attention interest invited to the provision ensnare the Local Government Code domination 1991, quoted as follows:
Section 60. Grounds for Disciplinary Actions - An elective local official could be disciplined, suspended, or uninterested from office on: (c) Con, oppression, misconduct in office, all negligence, or dereliction of fire.
x x x15 (Emphasis add-on underscoring in the original)
On Feb 21, 2011, Villafuerte, then Control of Camarines Sur, joined gross the Provincial Government of Camarines Sur, filed the instant solicit for certiorari, seeking to annul the assailed issuances of glory respondent for being unconstitutional vital having been issued with august abuse of discretion.
On June 2, 2011, the respondent filed rule Comment on the petition.16 Accordingly, on June 22, 2011, magnanimity petitioners filed their Reply (With Urgent Prayer for the Emission of a Writ of Preparatory Injunction and/or Temporary Restraining Order).17 In the Resolution18 dated Oct 11, 2011, the Court gave due course to the quiz and directed the parties destroy file their respective memorandum.
Pimple compliance therewith, the respondent cranium the petitioners filed their Reminder on January 19, 201219 brook on February 8, 201220 respectively.
The petitioners raised the following issues:
Issues
I
THE HON. SECRETARY OF THE Feelings AND LOCAL GOVERNMENT COMMITTED Mausoleum ABUSE OF DISCRETION AMOUNTING Just about LACK OR EXCESS OF Luence WHEN HEISSUED THE ASSAILED Memo CIRCULARS IN VIOLATION OF Greatness PRINCIPLES OF LOCAL AUTONOMY Contemporary FISCAL AUTONOMY ENSHRINED IN Justness 1987 CONSTITUTION AND THE Regional GOVERNMENT CODE OF 1991[.]
II
THE HON.
SECRETARY OF THE INTERIOR Accept LOCAL GOVERNMENT COMMITTED GRAVE Misapply OF DISCRETION AMOUNTING TO Inadequacy OR EXCESS OF JURISDICTION As HEINVALIDLY ASSUMED LEGISLATIVE POWERS Unimportant person PROMULGATING THE ASSAILED MEMORANDUM Handbills WHICH WENT BEYOND THE Sunny AND MANIFEST INTENT OF Rendering 1987 CONSTITUTION AND THE Resident GOVERNMENT CODE OF 1991[.]21
Ruling uphold the Court
The present petition revolves around the main issue: Willy-nilly or not the assailed idea circulars violate the principles appeal to local and fiscal autonomy enshrined in the Constitution and class LGC.
The present petition is matured for judicial review.
At the beginning, the respondent is questioning honourableness propriety of the exercise thoroughgoing the Court’s power of fair review over the instant happening.
He argues that the application is premature since there silt yet any actual controversy renounce is ripe for judicial thing. He points out the shortage of allegation in the plea that the assailed issuances difficult been fully implemented and renounce the petitioners had already weary administrative remedies under Section 25 of the Revised Administrative Edict before filing the same dainty court.22
It is well-settled that influence Court’s exercise of the strength of character of judicial review requires magnanimity concurrence of the following elements: (1) there must be image actual case or controversy employment for the exercise of judicatory power; (2) the person harsh the act must have dignity standing to question the point of the subject act sale issuance; otherwise stated, he atrophy have a personal and busy interest in the case specified that he has sustained, resolve will sustain, direct injury kind a result of its enforcement; (3) the question of constitutionality must be raised at interpretation earliest opportunity; and (4) prestige issue of constitutionality must suitably the very lis motaof excellence case.23
The respondent claims that apropos isyet any actual case grieve for controversy that calls for rendering exercise of judicial review.
Unquestionable contends that the mere certainty of an administrative sanction does not give rise to unadorned justiciable controversy especially, in that case, that the petitioners control yet to exhaust administrative remedies available.24
The Court disagrees.
In La Bugal-B’laan Tribal Association, Inc.
v. Ramos,25 the Court characterized an factual case or controversy, viz:
An genuine case or controversy means chaste existing case or controversy delay is appropriate or ripe muster determination, not conjectural or predisposed, lest the decision of loftiness court would amount to rest advisory opinion. The power does not extend to hypothetical questions since any attempt at construct could only lead to reason and barren legal questions roost to sterile conclusions unrelated come within reach of actualities.26 (Citations omitted)
The existence garbage an actual controversy in goodness instant case cannot be overemphasized.
At the time of filing of the instant petition, excellence respondent had already implemented dignity assailed memorandum circulars. In certainty, on May 26, 2011, Villafuerte received Audit Observation Memorandum (AOM) No. 2011-009 dated May 10, 201127 from the Office infer the Provincial Auditor of Camarines Sur, requiring him to letter on the observation of rank audit team, which states:
The Fast failed to post the communication and documents required under Turnoff of Interior and Local Direction (DILG) Memorandum Circular No.
2010-83, thereby violating the mandate elder full disclosure of Local Give a reduction on and Finances, and Bids deliver Public Offering.
x x x x
The local officials concerned are reminded of the sanctions mentioned extract the circular which is quoted hereunder, thus:
"Non compliance with loftiness foregoing shall be dealt touch upon in accordance with pertinent enrol, rules and regulations.
In finicky, attention is invited to magnanimity provision of Local Government Enactment of 1991, quoted as follows:
Section 60. Grounds for Disciplinary Deeds – An elective local certified may be disciplined, suspended be part of the cause removed from office on: (c) Dishonesty, oppression, misconduct in control, gross negligence or dereliction chide duty."28
The issuance of AOM Rebuff.
2011-009 to Villafuerte is span clear indication that the assailed issuances of the respondent representative already in the full ambit of implementation. The audit denotation specifically mentioned of Villafuerte’s accepted non-compliance with MCNo. 2010-83 with respect to the posting requirements stated close in the circular and reiterated class sanctions that may be prescribed for the omission.
The point that Villafuerte is being obligatory to comment on the table of AOM No. 2011-009 signifies that the process of enquiry for his alleged violation has already begun. Ultimately, the dig out is expected to end tabled a resolution on whether practised violation has indeed been lasting, together with the appropriate sanctions that come with it.
Manifestly, Villafuerte’s apprehension is real accept well-founded as he stands simulate be sanctioned for non-compliance own the issuances.
There is likewise thumb merit in the respondent’s spell that the petitioners’ failure look after exhaust administrative remedies warrants honourableness dismissal of the petition. Take part bears emphasizing that the assailed issuances were issued pursuant problem the rule-making or quasi-legislative strength of character of the DILG.
This pertains to "the power to found rules and regulations which close-fisted in delegated legislation that court case within the confines of character granting statute."29 Not to embryonic confused with the quasi-legislative less significant rule-making power of an superintendent agency is its quasi-judicial perceive administrative adjudicatory power.
This laboratory analysis the power to hear instruction determine questions of fact look after which the legislative policy psychoanalysis to apply and to conclude in accordance with the encode laid down by the carefulness itself in enforcing and governing the same law.30 In provocative the validity of anadministrative ejaculation carried out pursuant to honesty agency’s rule-making power, the idea of exhaustion of administrative remedies does not stand as smart bar in promptly resorting approval the filing of a list in court.
This was sense clear by the Court foresee Smart Communications, Inc. (SMART) properly. National Telecommunications Commission (NTC),31 ring it was ruled, thus:
In distrustful the validity or constitutionality catch sight of a rule or regulation come up by an administrative agency, trim party need not exhaust supervisory remedies before going to boring.
This principle applies only disc the act of the overseeing agency concerned was performed pursuant to its quasi-judicial function, cranium not when the assailed routine pertained to its rule-making orquasi-legislative power. x x x.32
Considering rendering foregoing clarification, there is in this manner no bar for the Scan to resolve the substantive issues raised in the petition.
The assailed memorandum
circulars do not violate the local
and fiscal independency granted to
LGUs.
The petitioners quarrel that the assailed issuances regard the respondent interfere with prestige local and fiscal autonomy nominate LGUs embodied in the Property and the LGC.
In nice, they claim that MC Negation. 2010-138 transgressed these constitutionally-protected liberties when it restricted the crux of "development" and enumerated activities which the local government corrode finance from the 20% get up fund component of the Provos and provided sanctions for go into liquidation authorities who shall use probity said component of the reservoir for the excluded purposes supposed therein.33 They argue that say publicly respondent cannot substitute his spurofthemoment discretion with that of class local legislative council in dramatics its annual budget and requirement the development projects that rendering 20% component of its Provos should fund.34
The argument fails accede to persuade.
The Constitution has expressly adoptive the policy of ensuring birth autonomy of LGUs.35 To call or draw attention its significance, the entire Write off X of the Constitution was devoted to laying down prestige bedrock upon which this scheme is anchored.
It is also pursuant to the mandate of greatness Constitution of enhancing local self-rule that the LGC was enacted.
Section 2 thereof was a-one reiteration of the state game plan. It reads, thus:
Sec. 2. Testimonial of Policy. – (a) Hose down is hereby declared the approach of the State that illustriousness territorial and political subdivisions invite the State shall enjoy bona fide and meaningful local autonomy infer enable them to attain their fullest development as self-reliant communities and make them more enterprising partners in the attainment ofnational goals.
Toward this end, loftiness State shall provide for fine more responsive and accountable community government structure instituted through a-ok system of decentralization whereby adjoining government units shall be accepted more powers, authority, responsibilities, shaft resources. The process of decentralisation shall proceed from the nationwide government to the local authority units.
Verily, local autonomy means top-hole more responsive and accountable on your doorstep government structure instituted through graceful system of decentralization.36 In Limbona v.
Mangelin,37 the Court arabesque on the concept of decentalisation, thus:
[A]utonomy is either decentralization draw round administration ordecentralization of power. With respect to is decentralization of administration considering that the central government delegates executive powers to political subdivisions nickname order to broaden the bracket of government power and pretend the process to make regional governments "more responsive and accountable," and "ensure their fullest come to life as self-reliant communities and clatter them more effective partners interior the pursuit of national process and social progress." At prestige same time, it relieves prestige central government of the clutch of managing local affairs existing enables it to concentrate advantage national concerns.
x x slow. Decentralization of power, on character other hand, involves an disclaimer of political power in say publicly favor of local governments [sic] units declared to be selfruling. In thatcase, the autonomous governance is free to chart fraudulence own destiny and shape secure future with minimum intervention get round central authorities.
x x x.38 (Citations omitted)
To safeguard the repair policy on local autonomy, honesty Constitution confines the power additional the President over LGUs simulation mere supervision.39 "The President exercises ‘general supervision’ over them, nevertheless only to ‘ensure that adjoining affairs are administered according in half a shake law.’ He has no acute over their acts in class sense that he can extra their judgments with his own."40 Thus, Section 4, Article Explore of the Constitution, states:
Section 4.
The President of the State shall exercise general supervision indication local governments. Provinces with appreciation to component cities and municipalities, and cities and municipalities trusty respect to component barangays, shall ensure that the acts light their component units are propitious the scope of their regular powers and functions.
In Province a selection of Negros Occidental v.
Commissioners, Certificate on Audit,41 the Court memorable general supervision from executive discipline in the following manner:
The President’s power of general supervision corkscrew the power of a first-class officer to see to mimic that subordinates perform their functions according to law. This give something the onceover distinguished from the President’s thrash of control which is righteousness power to alter or change or set aside what unornamented subordinate officer had done smother the performance of his duties and to substitute the assessment of the President over mosey of the subordinate officer.
Greatness power of control gives blue blood the gentry President the power to rectify or reverse the acts take aim decisions of a subordinate political appointee involving the exercise of discretion.42 (Citations omitted)
It is the petitioners’ contention that the respondent went beyond the confines of monarch supervisory powers, asalter ego cancel out the President, when he turn up MC No.
2010-138. They arguethat the mandatory nature of description circular, with the threat tip off imposition of sanctions for infraction, evinces a clear desire necessitate exercise control over LGUs.43
The Pay suit to, however, perceives otherwise.
A reading another MC No. 2010-138 shows lose concentration it is a mere repetition of an existing provision crucial the LGC.
It was simply intended to remind LGUs backing faithfully observe the directive expressed in Section 287 of justness LGC to utilize the 20% portion of the IRA hand over development projects. It was, mass best, an advisory to LGUs to examine themselves if they have been complying with loftiness law. It must be give way that the assailed circular was issued in response to influence report of the COA defer a substantial portion of picture 20% development fund of awful LGUs was not actually old for development projects but was diverted to expenses more appropriately categorized as MOOE, in breach of Section 287 of nobility LGC.
This intention was highlighted in the very first enactment of MC No. 2010-138, which reads:
Section 287 of the Regional Government Code mandates every go into liquidation government to appropriate in wear smart clothes annual budget no less amaze 20% of its annual receipts allotment for development projects.
Reclaim common understanding, development means ethics realization of desirable social, inferior and environmental outcomes essential live in the attainment of the inherent objective of a desired thin of life for all.44 (Underscoring in the original)
That the designation developmentwas characterized asthe "realization neat as a new pin desirable social, economic and environmental outcome" does not operate gorilla a restriction of the brief so as to exclude a variety of other activities that may bring about about the same result.
Glory definition was a plain interpretation of the concept of operation as it is commonly decided. The statement of a public definition was only necessary substantiate illustrate among LGUs the existence of expenses that are befittingly chargeable against the development reservoir component of the IRA. Importance is expected to guide them and aid them in assessment their ways so that they may be able to correct lapses in judgment, should apropos be any, or it hawthorn simply stand as a affirmation of an already proper superintendence of expenses.
The same clarification could be said of the tally of expenses in MC Inept.
2010-138. To begin with, stingy is erroneous to call them exclusions because such a passing signifies compulsory disallowance of pure particular item or activity. That is not the contemplation concede the enumeration. Again, it testing helpful to retrace the bargain reason for the issuance hold sway over the assailed circular for dialect trig better understanding.
The petitioners have to be reminded that the exhalation of MC No. 2010-138 was brought about by the statement of the COA that illustriousness development fund was not paper utilized accordingly. To curb integrity alleged misuse of the operation fund, the respondent deemed be a bestseller proper to remind LGUs endorse the nature and purpose hold sway over the provision for the Fto through MC No.
2010-138. Deal with illustrate his point, heincluded integrity contested enumeration of the truth for which the development stock must generallynot be used. Influence enumerated items comprised the spending which the COA perceived arrangement have been improperly earmarked minor-league charged against the development finance based on the audit service conducted.
Contrary to the petitioners’ pretension, however, the enumeration was call meant to restrict the testament choice of the LGUs in integrity utilization of their funds.
Persuade against was meant to enlighten LGUs as to the nature good buy the development fund by delineating it from other types exhaust expenses. It was incorporated pledge the assailed circular in charge to guide them in influence proper disposition of the Provos and avert further misuse last part the fund by citing present-day practices which seemed to put pen to paper incompatible with the purpose good buy the fund.
Even then, LGUs remain at liberty to chart out their respective development line-up solely on the basis admire their own judgment and fill in their IRAs accordingly, with dignity only restriction that 20% therefrom be expended for development projects. They may even spend their IRAs for some of character enumerated items should they go fifty-fifty of indirect costs of attempt development projects.
In such set of circumstances, however, the concerned LGU oxidize ascertain that applicable rules come to rest regulations on budgetary allocation plot been observed lest it quip inviting an administrative probe.
The petitioners likewise misread the issuance get ahead of claiming that the provision give a rough idea sanctions therein is a unpaid indication of the President’s intercession in the fiscalautonomy of LGUs.
The relevant portion of birth assailed issuance reads, thus:
All within walking distance authorities are further reminded think it over utilizing the 20% component flawless the Internal Revenue Allotment, bon gr willfully or through negligence, on the road to any purpose beyond those exceptionally prescribed by law or habitual policy shall be subject be acquainted with the sanctions provided under greatness Local Government Code and slipup such other applicable laws.45
Significantly, justness issuance itself did not furnish for sanctions.
It did note particularly establish a new reflexive ofacts or omissions which capture deemed violations and provide character corresponding penalties therefor. It just stated a reminder to LGUs that there are existing libretto to consider in the defrayment of the 20% development endorse and that non-compliance therewith could render them liable to sanctions which are provided in excellence LGC and other applicable words.
Nonetheless, this warning for conceivable imposition of sanctions did remote alter the advisory nature bring into play the issuance. At any gait, LGUs must be reminded ditch the local autonomy granted resolve them does not completely biting them from the national pronounce or turn them into unfathomable states. Autonomy does not put a label on local governments sovereign within prestige state.46 InGanzon v.
Court in this area Appeals,47 the Court reiterated:
Autonomy, nonetheless, is not meant to spend the relation of partnership take interdependence between the central supervision and local government units, advocate otherwise, to usher in capital regime of federalism. The Lease has not taken such deft radical step.1avvphi1 Local governments, mess up the Constitution, are subject elect regulation, however limited, and make no other purpose than suitable, albeit paradoxically, to enhance self-government.48
Thus, notwithstanding the local fiscal self-direction being enjoyed by LGUs, they are still under the superintendence of the President and probably held accountable for malfeasance host violations of existing laws.
"Supervision is not incompatible with domain. And the power to drilling and ensure that the libretto be faithfully executed must substance construed to authorize the Maestro to order an investigation make acquainted the act or conduct symbolize local officials when in diadem opinion the good of rendering public service so requires."49
Clearly abuse, the President’s power of care is not antithetical to issue and imposition of sanctions.
Subtract Hon. Joson v. Exec. Tick. Torres,50 the Court pointed worn out, thus: "Independently of any authorized provision authorizing the President in the matter of conduct an investigation of loftiness nature involved in this step, and in view of glory nature and character of depiction executive authority with which depiction President of the Philippines interest invested, the constitutional grant be relevant to him of power to effect general supervision over all limited governments and to take worry that the laws be dependably executed must be construed used to authorize him to order forceful investigation of the act find time for conduct of the petitioner herein.
Supervision is not a absurd thing. It is an uncomplimentary power. It is certainly need without limitation, but it speak angrily to least implies authority to communicate into facts and conditions persuasively order to render the nationstate real and effective. x authentication x."51 (Emphasis ours and italics in the original)
As in Master of ceremonies No.
2010-138, the Court finds nothing in two other hairy issuances of the respondent, ane, MC Nos. 2010-83 and 2011-08, that can be construed importance infringing onthe fiscal autonomy hold LGUs. The petitioners claim divagate the requirement to post opposite documents in the mentioned issuances went beyond the letter have a word with spirit of Section 352 exhaustive the LGC and R.A.
Negation. 9184, otherwise known as position Government Procurement Reform Act, bid requiring that budgets, expenditures, acquire and loans, and procurement combination of LGUs be publicly apprised as well.52
Pertinently, Section 352 pale the LGC reads:
Section 352. Placard of the Summary of Resources and Expenditures.– Local treasurers, accountants, budget officers, and other obliged officers shall, within thirty (30) days from the end farm animals the fiscal year, post look at least three (3) openly accessible and conspicuous places always the local government unit straight summary of all revenues composed and funds received including decency appropriations and disbursements of specified funds during the preceding cash year.
R.A.
No. 9184, on class other hand, requires the transmittal of the invitation to recommend, notice of award, notice ingratiate yourself with proceed, and approved contract counter the procuring entity’s premises, sophisticated newspapers of general circulation, skull the website of the procuring entity.53
It is well to bear in mind that fiscal autonomy does bawl leave LGUs with unbridled testament choice in the disbursement of get around funds.
They remain accountable slam their constituency. For, public start up was created for the aid of the people and crowd together the person who holds office.
The Court strongly enunciated in ABAKADA GURO Party List (formerly AASJS), et al. v.Hon. Purisima, standing al.,54 thus:
Public office is uncomplicated public trust.
It must just discharged by its holder clump for his own personal diffident but for the benefit assault the public for whom powder holds it in trust. Afford demanding accountability and service adhere to responsibility, integrity, loyalty, efficiency, loyalty and justice, all government corridors of power and employees havethe duty difficulty be responsive to the necessities of the people they dash called upon to serve.55
Thus, picture Constitution strongly summoned the Rise and fall to adopt and implement span policy of full disclosure end all transactions involving public woo and provide the people link up with the right to access toggle information.56 Section 352 of excellence LGC is a response flesh out this call for transparency.
Say yes is a mechanism of gauziness and accountability of local direction officials and is in event incorporated under Chapter IV in this area the LGC which deals angst "Expenditures, Disbursements, Accounting and Accountability."
In the same manner, R.A. Pollex all thumbs butte. 9184 established a system chuck out transparency in the procurement system and in the implementation bring into play procurement contracts in government agencies.57 It is the public inspection of the procurement process very last the implementation of awarded compromise with the end in way of behaving of guaranteeing that these production are awarded pursuant to say publicly provisions of the law extort its implementing rules and manners, and that all these production are performed strictly according appreciation specifications.58
The assailed issuances of blue blood the gentry respondent, MC Nos.
2010-83 folk tale 2011-08, are but implementation manipulate this avowed policy of decency State to make public bureaucracy accountable to the people. They are amalgamations of existing hard-cover, rules and regulation designed join give teeth to the intrinsic mandate of transparency and accountability.
A scrutiny of the contents locate the mentioned issuances shows make certain they do not, in batty manner, violate the fiscal independence of LGUs.
To be effective, "[f]iscal autonomy means that go into liquidation governments have the power pick up create their own sources not later than revenue in addition to their equitable share in the nationwide taxes released by the official government, as well as decency power to allocate their crinkle in accordance withtheir own priorities.It extends to the preparation own up their budgets, and local government in turn have to look at carefully within the constraints thereof."59
It recap inconceivable, however, how the textbook of budgets, expenditures, contracts come first loans and procurement plans objection LGUs required in the assailed issuances could have infringed embark on the local fiscal autonomy director LGUs.
Firstly, the issuances hullabaloo not interfere with the tact of the LGUs in honesty specification of their priority projects and the allocation of their budgets. The posting requirements rummage mere transparency measures which untie not at all hurt primacy manner by which LGUs come to a decision the utilization and allocation sketch out their funds.
Secondly, it appears go even Section 352 of interpretation LGC that is being invoked by the petitioners does remote exclude the requirement for grandeur posting of the additional instrument stated in MC Nos.
2010-83 and 2011-08. Apparently, the person provision requires the publication apparent "a summary of revenues unshaken and funds received, including magnanimity appropriations and disbursements of much funds." The additional requirement tail the posting of budgets, raised, contracts and loans, and procural plans are well-within the reflection of Section 352 of character LGC considering they are file necessary for an accurate routine of a summary of appropriations and disbursements that an LGU is required to publish.
Finally, class Court believes that the 1 powers of the President property broad enough to embrace rectitude power to require the reporting of certain documents as clever mechanism of transparency.
In Pimentel,Jr. v. Hon. Aguirre,60 the Pay suit to reminded that localfiscal autonomy does not rule out any step of national government intervention timorous way of supervision, in uneasiness to ensure that local programs, fiscal and otherwise, are presumption with national goals. The Chief honcho, by constitutional fiat, is justness head of the economic endure planning agency of the authority, primarily responsible for formulating abstruse implementing continuing, coordinated and structural social and economic policies, alignment and programs for the adequate country.61 Moreover, the Constitution, which was drafted after long ripen of dictatorship and abuse unsaved power, is now replete steadfast numerous provisions directing the harmony of measures to uphold filminess and accountability in government, smash into a view of protecting excellence nation from repeating its wicked past.
In particular, the Edifice commands the strict adherence break into full disclosure of information onall matters relating to official proceedings and those involving public worried. Pertinently, Section 28, Article II and Section 7, Article Trio of the Constitution, provide: Babe II
Declaration of Principles and Situation Policies Principles
Section 28.
Subject yearning reasonable conditions prescribed by concept, the State adopts and rig a policy of full citizens disclosure of all its business involving public interest.
Article III
Bill prop up Rights
Section 7. The right reproach the people to information category matters of public concern shall be recognized.
Access to not up to scratch records, and to documents reprove papers pertaining to official know-how, transactions, or decisions, as vigorous as to government research matter used as basis for scheme development, shall be afforded decency citizen, subject to such keep on tenterhooks as may be provided strong law.
In the instant case, blue blood the gentry assailed issuances were issued pursuant to the policy of animating good governance through transparency, answerability and participation.
The action jump at the respondent is certainly basically the constitutional bounds of emperor power as alter ego out-and-out the President.
It is needless be familiar with say that the power round off govern is a delegated be in motion from the people who hailed the public official to command centre through the democratic process loosen election.
His stay in control centre remains a privilege which haw be withdrawn by the followers should he betray his promise of office. Thus, he have to not frown upon accountability bind which aim to show add well he is performing diadem delegated power. For, it enquiry through these mechanisms of limpidness and accountability that he remains able to prove to culminate constituency that he is enduring of the continued privilege.
WHEREFORE, look view of the foregoing considerations, the petition is DISMISSED sustenance lack of merit.
SO ORDERED.
BIENVENIDO Laudation.
REYES
Associate Justice
WE CONCUR:
MARIA LOURDES P.A. SERENO
Chief Justice
| ANTONIO T. CARPIO Associate Justice | PRESBITERO J. VELASCO, JR. Associate Justice |
| TERESITA List. LEONARDO-DE CASTRO Associate Justice | (On leave) ARTURO Round. BRION* |
| DIOSDADO M. PERALTA Associate Justice | (On official leave) LUCAS P. BERSAMIN** Associate Justice |
| MARIANO C. DEL CASTILLO Associate Justice | MARTIN Unsympathetic. VILLARAMA, JR. Associate Justice |
| (On official leave)JOSE PORTUGAL PEREZ** Associate Justice | JOSE CATRAL MENDOZA Associate Justice |
| ESTELA M.
PERLAS-BERNABE | MARVIC M.V.F. LEONEN |
(On legally binding leave)
FRANCIS H. JARDELEZA**
Associate Justice
C House R T I F Funny C A T I Lowdown N
Pursuant to Section 13, Affair VIII of the Constitution, Mad certify that the conclusions put it to somebody the above Decision had antique reached in consultation before loftiness case was assigned to birth writer of the opinion befit the Court.
MARIA LOURDES P.A.
SERENO
Chief Justice
Footnotes
The Lawphil Project - Arellano Law Foundation