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Camid vs Office of the President

Facts:
President Diosdado Macapagal issued EO 107 creating thirty-three (33) municipalities in
Mindanao including Andong in Lanao del Sur. The executive orders were issued after its
failure to pass the legislative bills in congress. The president justified the creation of the
municipalities citing his powers in Section 68 of the Revised Administrative Code.
However, then Vice-President Emmanuel Pelaez filed an SPA for a writ of prohibition
claiming that such EOs are null and void on the ground that Section 68 having been
repealed by Republic Act No. 2370. The court decided in favor of Pelaez and declared the
EOs as null and void.
Petitioner Sultan Osop B. Camid (Camid) represents himself as a current resident of
Andong suing as a private citizen and taxpayer. He alleges that Andong has
metamorphosed into a full-blown municipality with a complete set of officials appointed
to handle essential services for the municipality and its constituents, even though he
concedes that since 1968, no person has been appointed, elected or qualified to serve any
of the elective local government positions of Andong.
The petition assails the Certification by the DILG enumerating the municipalities that
was voided by the Pelaez decision including Andong. Further, he insists on the continuing
validity of Executive Order No. 107 by citing section 442(d) of the Local Government
Code of 1991 as basis for the current recognition of the impugned municipality. The
provision reads:
Section 442. Requisites for Creation. - xxx
(d) Municipalities existing as of the date of the effectivity of this Code shall continue to exist and
operate as such. Existing municipal districts organized pursuant to presidential issuances or
executive orders and which have their respective sets of elective municipal officials holding
office at the time of the effectivity of (the) Code shall henceforth be considered as regular
municipalities
Issues: WON section 442(d) of the LGC can be a basis for the recognition of Andong.
Ruling: No. Section 442(d) of the Local Government Code that it does not serve to affirm or
reconstitute the judicially dissolved municipalities such as Andong, which had been previously
created by presidential issuances or executive orders.
Further, Andong does not meet the requisites set forth by Section 442(d) of the Local
Government Code. Section 442(d) requires that in order that the municipality created by
executive order may receive recognition, they must have their respective set of elective
municipal officials holding office at the time of the effectivity of [the Local Government] Code.
Camid admits that Andong has never elected its municipal officers at all.

Atienza vs. Villarosa


Facts:
Petitioner Atienza and respondent Villarosa were the Vice-Governor and Governor,
respectively, of the Province of Occidental Mindoro. The petitioner Vice-Governor
received the Memorandum dated June 25, 2002 issued by the respondent Governor
concerning the "authority to sign purchase orders of supplies, materials, equipment[s],
including fuel, repairs and maintenance of the sangguniang panlalawigan."
Atienza wrote to Villarosa saying that We are of the opinion that purchase orders for
supplies, materials and equipment are included under those as authorized for signature
by the Vice-chief executive of the Sanggunian because of this Villarosa issued another
memorandum dated July 1, 2002 where all existing employment contract casual or job
order entered into by Atienza are terminated for being unauthorized.
The petitioner Vice-Governor thus filed with the Court of Appeals the petition for
prohibition assailing as having been issued with grave abuse of discretion Villarosas
memoranda
The CA ruled in favor of Villarosa on the basis of Section 344 of RA 7160, the CA upheld
the authority of the respondent Governor to issue the Memorandum dated June 25, 2002
as it recognized his authority to approve the purchase orders.
Issues:
A. Who between the petitioner and the respondent is authorized to approve purchase orders
issued in connection with the procurement of supplies, materials, equipment, including fuel,
repairs and maintenance of the Sangguniang Panlalawigan?
B. Does respondent Villarosa, as local chief executive, have the authority to terminate or cancel
the appointments of casual/job order employees of the Sangguniang Panlalawigan Members and
the Office of the Vice-Governor?

Ruling:
A. We hold that it is the Vice-Governor who has such authority. The Vice-Governor, as the
presiding officer of the Sangguniang Panlalawigan, has administrative control of the
funds of the said body. Accordingly, it is the Vice-Governor who has the authority to
approve disbursement vouchers for expenditures appropriated for the operation of
the Sangguniang Panlalawigan.
Indeed, the authority granted to the Vice-Governor to sign all warrants drawn on the
provincial treasury for all expenditures appropriated for the operation of the Sangguniang
Panlalawigan as well as to approve disbursement vouchers relating thereto is greater and
includes the authority to approve purchase orders for the procurement of the supplies,
materials and equipment necessary for the operation of the Sangguniang Panlalawigan.
B. Thus, while the Governor has the authority to appoint officials and employees whose
salaries are paid out of the provincial funds, this does not extend to the officials and
employees of the Sangguniang Panlalawigan because such authority is lodged with the

Vice-Governor. In the same manner, the authority to appoint casual and job order
employees of the Sangguniang Panlalawigan belongs to the Vice-Governor.

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