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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repealed by Republic Act No. 2370.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.
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.