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Limbona vs Mangelin

G.R. No. 80391


February 28, 1989
Facts:
Limbona was elected Speaker of the Regional Assembly of Central Mindanao. On October
21, 1987, Congressman Matalam invited Limbona in a consultation/dialogue with local
government officials. Limbona accepted the invitation and informed the Assembly
Members through the Assembly Secretary that there shall be no session in November as
his presence was needed in the House Committee hearing of Congress.
However, the Assembly held a meeting on November 2, 1987, and unseated Limbona
from his position. Limbona prays for the session to be declared null and void and that he
still be declared Speaker of the Regional Assembly.
Pending the case, the SC also received a resolution from the Assembly expelling
Limbonas membership
Isues:
What is the extent of self-government given to the autonomous regions of Region XII?
Held:
Yes.
Autonomy is either decentralization of administration or decentralization of power.
Decentralization of Administration is the delegation by the central
government of administrative powers to political subdivisions in order to broaden the
base of government power and, in the process, to make local governments more
responsive and accountable and ensure their development as self-reliant communities
and make them more effective partners in the pursuit of national development and
progress.
It also relieves the central government of the burden of managing local affairs and
enables it to concentrate on national concerns. An autonomous government under this
category is under the supervision of the national government through the

President. The President exercises supervision but has no control over them and does
so only to ensure local affairs are administered according to law.
Decentralization of Power, on the other hand, involves the abdication of power in favor of
autonomous local governments. The autonomous government is free to manage its
affairs with minimum intervention from central authorities. An autonomous government
enjoying autonomy under this category is only subject to the organic act creating
it and accepted principles on the effects & limits of autonomy.
PD 1618 mandates that the President shall have the power of general supervision and
control over autonomous regions. Hence, courts of law can assume jurisdiction. The
courts can validly review the removal of Limbona as Speaker.
Where a law is capable of 2 interpretations, one in favor of centralized power
in Malacaang and the other beneficial to local autonomy, the scales must be weighed in
favor of autonomy.
Under Sec. 31 of Region XII Sanggunian Rules, sessions shall not be suspended or
adjourned except by direction of the Sangguniang Pampook.
However, the November 2 and 5, 1987 sessions are declared invalid since at the time
Limbona called the recess, it was not a settled matter whether or not he could do so.
Secondly, the invitation by the House of Representatives Committee on Muslim Affairs
provides a plausible reason for the intermission sought. Also, assuming that a valid
recess could not be called, it does not appear that respondents called his attention to his
mistake. What appears is they opened the sessions themselves behind his back in an
apparent act of mutiny. Under these circumstances, equity is on his side. The recess
was called on the ground of good faith.

Petitioner, Sultan Alimbusar Limbona, was elected Speaker of the Regional Legislative
Assembly or Batasang Pampook of Central Mindanao (Assembly).
He was then elected speaker of the regional legislative assembly of central Mindanao,
composed of 18 members.
On October 21, 1987 Congressman Datu Guimid Matalam, Chairman of the Committee on Muslim
Affairs of the House of Representatives, invited petitioner in his capacity as Speaker
of the Assembly of Region XII in a consultation/dialogue with local government officials.
Petitioner accepted the invitation and informed the Assembly members through the
Assembly Secretary that there shall be no session in November as his presence was needed in the
house committee hearing of Congress. However, on November 2, 1987, the Assembly
held a session in defiance of the Limbona's advice, where he was unseated from his position.

Petitioner prays that the session's proceedings be declared null and void and be it declared that he
was still the Speaker of the Assembly.
Pending further proceedings of the case, the SC received a resolution from the Assembly expressly
expelling petitioner's membership there from on the grounds, among other things
that the petitioner "had caused to be prepared and signed by him paying the salaries and
emoluments of Odin Abdula, who was considered resigned after filing his Certificate of
Candidacy for Congressmen for the First District of Maguindanao in the last May 11,
elections. . . and nothing in the record of the Assembly will show that any request for
reinstatement by Abdula was ever made . . ."
that "such action of Mr. Lim bona in paying Abdula his salaries and emoluments without
authority from the Assembly . . . constituted a usurpation of the power
of theAssembly,"
that the petitioner "had recently caused withdrawal of so much amount of cash from the
Assembly resulting to the non-payment of the salaries and emoluments of
some Assembly
that he had "filed a case before the Supreme Court against some members of the
Assembly on question which should have been resolved within the confines of the
Assembly," for which the respondents now submit that the petition had
become "moot and academic".

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