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CASE DIGEST: BOY SCOUTS OF THE PHILIPPINES v. and to Define its Powers and Purposes" created the BSP as a 2, Article 44 of the Civil Code and governed by the law which
COMMISSION ON AUDIT. G.R. No.177131; June 7, 2011. "public corporation" creates it, pursuant to Article 45 of the same Code. DENIED.
FACTS: This case arose when the COA issued Resolution No. There are three classes of juridical persons under Article 44 of
99-011on August 19, 1999 ("the COA Resolution"), with the the Civil Code and the BSP, as presently constituted under
subject "Defining the Commissions policy with respect to the Republic Act No. 7278,falls under the second
audit of the Boy Scouts of the Philippines." In its whereas classification.Article 44 reads:
clauses, the COA Resolution stated that the BSP was created as
a public corporation under Commonwealth Act No. 111, as Art. 44. The following are juridical persons:
amended by Presidential Decree No. 460 and Republic Act No.
7278; that in Boy Scouts of the Philippines v. National Labor (1) The State and its political subdivisions;
Relations Commission, the Supreme Court ruled that the BSP, (2)Other corporations,institutions and entities for public
as constituted under its charter, was a "government-controlled interest or purpose created by law; their personality begins as
corporation within the meaning of Article IX(B)(2)(1) of the soon as they have been constituted according to law;
Constitution"; and that "the BSP is appropriately regarded as a (3) Corporations, partnerships and associations forprivate
government instrumentality under the 1987 Administrative interest or purposeto which the law grants a juridical
Code." The COA Resolution also cited its constitutional personality, separate and distinct from that of each
mandate under Section 2(1), Article IX (D).Finally, the COA shareholder, partner or member.
Resolution reads:
The BSP, which is a corporation created for a public interest or
NOW THEREFORE, in consideration of the foregoing premises, purpose, is subject to the law creating it under Article 45 of the
the COMMISSION PROPER HAS RESOLVED, AS IT DOES HEREBY Civil Code, which provides:
RESOLVE,to conduct an annual financial audit of the Boy
Scouts of the Philippines in accordance with generally accepted Art. 45.Juridical persons mentioned in Nos. 1 and 2 of the
auditing standards, and express an opinion on whether the preceding article are governed by the laws creating or
financial statements which include the Balance Sheet, the recognizing them.
Income Statement and the Statement of Cash Flows present
fairly its financial position and results of operations. Private corporations are regulated by laws of general
application on the subject.
xxxx
Partnerships and associations for private interest or purpose
BE IT RESOLVED FURTHERMORE, that for purposes of audit are governed by the provisions of this Code concerning
supervision,the Boy Scouts of the Philippines shall be classified partnerships.
among the government corporations belonging to the
Educational, Social, Scientific, Civic and Research Sectorunder The purpose of the BSP as stated in its amended charter shows
the Corporate Audit Office I, to be audited, similar to the that it was created in order to implement a State policy
subsidiary corporations, by employing the team audit approach declared in Article II, Section 13 of the Constitution, which
ISSUE: Does COA have jurisdiction over BSP? reads:
HELD: After looking at the legislative history of its amended Section 13. The State recognizes the vital role of the youth in
charter and carefully studying the applicable laws and the nation-building and shall promote and protect their physical,
arguments of both parties, [the Supreme Court found] that the moral, spiritual, intellectual, and social well-being. It shall
BSP is a public corporation and its funds are subject to the inculcate in the youth patriotism and nationalism, and
COA's audit jurisdiction. encourage their involvement in public and civic affairs.
Limbona vs. Mangelin (G.R. No. 80391) - Digest
The BSP Charter (Commonwealth Act No. 111, approved on Evidently, the BSP, which was created by a special law to serve Facts:
October 31, 1936), entitled "An Act to Create a Public a public purpose in pursuit of a constitutional mandate, comes
Petitioner, Sultan Alimbusar Limbona, was elected Speaker of to rebut their accusations. As it stands, the charges now are
the Regional Legislative Assembly or Batasang Pampook of leveled amount to mere accusations that cannot warrant
Central Mindanao (Assembly). On October 21, 1987 expulsion. Thus, the Court ordered reinstatement of the
Congressman Datu Guimid Matalam, Chairman of the petitioner.
Committee on Muslim Affairs of the House of Representatives,
invited petitioner in his capacity as Speaker of the Assembly of 2. The autonomous governments of Mindanao were organized
Region XII in a consultation/dialogue with local government in Regions 9 and 12 by Presidential Decree No. 1618. In
officials. Petitioner accepted the invitation and informed the relation to the central government, the Presidential Decree
Assembly members through the Assembly Secretary that there provides that “the President shall have the power of general
shall be no session in November as his presence was needed in supervision and control over the Autonomous Regions...” Now,
the house committee hearing of Congress. However, on autonomy is either decentralization of administration or
November 2, 1987, the Assembly held a session in defiance of decentralization of power. There is decentralization of
the Limbona's advice, where he was unseated from his administration when the central government delegates
position. Petitioner prays that the session's proceedings be administrative powers to political subdivisions in order to
declared null and void and be it declared that he was still the broaden the base of government power and in the process to
Speaker of the Assembly. Pending further proceedings of the make local governments “more responsive and accountable,”
case, the SC received a resolution from the Assembly expressly “and ensure their fullest development as self-reliant
expelling petitioner's membership therefrom. Respondents communities and make them more effective partners in the
argue that petitioner had "filed a case before the Supreme pursuit of national development and social progress.” At the
Court against some members of the Assembly on a question same time, it relieves the central government of the burden of
which should have been resolved within the confines of the managing local affairs and enables it to concentrate on
Assembly," for which the respondents now submit that the national concerns. The president exercises “general
petition had become "moot and academic" because of its supervision” over them, but only to “ensure that local affairs
resolution. are administered according to law.” He has not control over
their acts in the sense that he can substitute their judgments
Issues: with his own. Decentralization of power, on the other hand,
1. Whether or not the expulsion of the petitioner involves an abdication of political power in the favor of local
(pending litigation) has made the case moot and government units declared to be autonomous. In that case, the
academic. autonomous government is free to chart its own destiny and
2. Are the so-called autonomous governments of shape its future with minimum intervention from central
Mindanao subject to the jurisdiction of the national authorities.
courts? In other words, what is the extent of self-
government given to the two autonomous governments According to the Supreme Court, an examination of the very
of Region 9 and 12? Presidential Decree creating the autonomous governments of
Mindanao persuades us to believe that they were never meant
to exercise autonomy through decentralization of power. The
Ruling: Presidential Decree, in the first place, mandates that “the
President shall have the power of general supervision and
1. The Court does not agree that the case is moot and control over Autonomous Regions.” In the second place, the
academic simply by reason of the expulsion resolution that was Sangguniang Pampook, their legislative arm, is made to
issued. If the expulsion was done purposely to make the dischage chiefly administrative services. Thus, the SC assumes
petition moot and academic, it will not make it academic. On jurisdiction.
the ground of due process, the Court hold that the expulsion is
without force and effect. First, there is no showing that the Upon the facts presented, the Court finds two sessions held on BASCO v. PAGCOR, G.R. No. 91649 (Digested Case)
Sanggunian had conducted an investigation. It also does not November to be invalid. Wherefore, the petition is Granted. G.R. No. 91649 May 14, 1991
appear that the petitioner had been made aware that he was The petitioner is reinstated as Member and speaker of the
charged with graft and corruption before his colleagues. It Sanggunian.
cannot be said therefore that he was accorded any opportunity
ATTORNEYS HUMBERTO BASCO, EDILBERTO BALCE, governments to regulate gambling thru the grant of "franchise,
SOCRATES MARANAN AND LORENZO licenses or permits" was withdrawn by P.D. No. 771 and was
SANCHEZ,petitioners, v. PHILIPPINE AMUSEMENTS AND vested exclusively on the National Government. Furthermore,
GAMING CORPORATION (PAGCOR), respondent. LGUs' have no power to tax instrumentalities of the gov't such
as PAGCOR which exercises governmental functions of
regulating gambling activities.
Re: Principle of Local Autonomy
(3) No. The clause does not preclude classification of
FACTS: The PH Amusement and Gaming Corp. was created by individuals who may be accorded different treatment under the
PD 1067-A and granted a franchise under PD 1067-B. law as long as the classification is not unreasonable or
Subsequently, under PD 1869, the Government enabled it to arbitrary. A law does not have to operate in equal force on all
regulate and centralize all games of chance authorized by persons or things to be conformable to Article III, Section 1 of
existing franchise or permitted by law, under declared policy. the Constitution. The Constitution does not require situations
But the petitioners think otherwise, that is why, they filed the which are different in fact or opinion to be treated in law as
instant petition seeking to annul the PAGCOR Charter — PD though they were the same.
1869, because it is allegedly contrary to morals, public policy
and order, and because of the following issues: (4) No. The judiciary does not settle policy issues. The Court
can only declare what the law is and not what the law should
ISSUES: be. Under our system of government, policy issues are within
(1) WON it waived the Manila City gov't's right to impose taxes the domain of the political branches of government and of the
and license fees, which is recognized by law. people themselves as the repository of all state power. On the
issue of monopoly, the same is not necessarily prohibited by
(2) WON it has intruded into the LGUs' right to impose local the Constitution. The state must still decide whether public
taxes and license fees, and thus contrary to the principle of interest demands that monopolies be "regulated" or prohibited.
local autonomy enshrined in the Constitution. Again, this is a matter of policy for the Legislature to decide.
The judiciary can only intervene when there are violations of
(3) WON it violates the equal protection clause as it allows the statutes passed by Congress regulating or prohibiting
some gambling acts but also prohibits other gaming acts. monopolies.
(4) WON it violates the Cory gov't's policy of being away from
monopolistic and crony economy, and toward free enterprise
and privatization.
HELD:
(1) No. The fact that PAGCOR, under its charter, is exempt from
paying tax of any kind is not violative of the principle of local
autonomy. LGUs' have no inherent right to impose taxes. LGUs'
power to tax must always yield to a legislative act which is
superior having been passed by the state itself which has the
inherent power to tax. The charter of LGUs is subject to control
by Congress as they are mere creatures of Congress.
Congress, therefore, has the power of control over LGUs. And if
Congress can grant the City of Manila the power to tax certain
matters, it can also provide for exemptions or even take back
the power.
Lina, Jr. v. Paño, G.R. No. 129093, [August 30, 2001]
(2) No. LGUs' right to impose license fees on "gambling", has
long been revoked. As early as 1975, the power of local
DOCTRINE: The game of lotto is a game of chance duly ang “Jueteng”. 3 power, the national legislature.
authorized by the national government through an Act of
Congress. Republic Act 1169, as amended by Batas Pambansa As a result of this resolution of denial, respondent Calvento The game of lotto is a game of chance duly authorized by the
Blg. 42, is the law which grants a franchise to the PCSO and filed a complaint for declaratory relief with prayer for national government through an Act of Congress. Republic Act
allows it to operate the lotteries. This statute remains valid preliminary injunction and temporary restraining order. In the 1169, as amended by Batas Pambansa Blg. 42, is the law
today. While lotto is clearly a game of chance, the national said complaint, respondent Calvento asked the Regional Trial which grants a franchise to the PCSO and allows it to operate
government deems it wise and proper to permit it. Hence, the Court of San Pedro Laguna, Branch 93, for the following reliefs: the lotteries. This statute remains valid today. While lotto is
Sangguniang Panlalawigan of Laguna, a local government unit, (1) a preliminary injunction or temporary restraining order, clearly a game of chance, the national government deems it
cannot issue a resolution or an ordinance that would seek to ordering the defendants to refrain from implementing or wise and proper to permit it. Hence, the Sangguniang
prohibit permits. Stated otherwise, what the national enforcing Kapasiyahan Blg. 508, T. 1995; (2) an order requiring Panlalawigan of Laguna, a local government unit, cannot issue
legislature expressly allows by law, such as lotto, a provincial Hon. Municipal Mayor Calixto R. Cataquiz to issue a business a resolution or an ordinance that would seek to prohibit
board may not disallow by ordinance or resolution. permit for the operation of a lotto outlet; and (3) an order permits. Stated otherwise, what the national legislature
annulling or declaring as invalid Kapasiyahan Blg. 508, T. 1995. expressly allows by law, such as lotto, a provincial board may
not disallow by ordinance or resolution.
FACTS: On December 29, 1995, respondent Tony Calvento On February 10, 1997, the respondent judge, Francisco Dizon
was appointed agent by the Philippine Charity Sweepstakes Paño, promulgated his decision enjoining the petitioners from In our system of government, the power of local government
Office (PCSO) to install Terminal OM 20 for the operation of implementing or enforcing resolution or Kapasiyahan Blg. 508, units to legislate and enact ordinances and resolutions is
lotto. He asked Mayor Calixto Cataquiz, Mayor of San Pedro, T. 1995. merely a delegated power coming from Congress. Ours is still a
Laguna, for a mayor’s permit to open the lotto outlet. This was unitary form of government, not a federal state. Being so, any
denied by Mayor Cataquiz in a letter dated February 19, 1996. form of autonomy granted to local governments will
The ground for said denial was an ordinance passed by the necessarily be limited and confined within the extent allowed
Sangguniang Panlalawigan of Laguna entitled Kapasiyahan Blg. ISSUE: WON the local government may deny the by the central authority. Besides, the principle of local
508, T. 1995 which was issued on September 18, 1995. The operation of lotto in the said locality. autonomy under the 1987 Constitution simply means
ordinance reads: “decentralization.” It does not make local governments
sovereign within the state.
ISANG KAPASIYAHAN TINUTUTULAN ANG MGA “ILLEGAL HELD: NO. The ordinance, Kapasiyahan Blg. 508, T. 1995 of
GAMBLING” LALO NA ANG LOTTO SA LALAWIGAN NG LAGUNA the Sangguniang Panlalawigan of Laguna, merely states the
“objection” of the council to the operation of lotto. It is but a
SAPAGKA’T, ang sugal dito sa lalawigan ng Laguna ay talamak mere policy statement on the part of the local council, which is
na; not self-executing. Nor could it serve as a valid ground to
prohibit the operation of the lotto system in the province of
SAPAGKA’T, ang sugal ay nagdudulot ng masasamang Laguna. Even petitioners admit this in their petition. As a policy
impluwensiya lalo’t higit sa mga kabataan; statement expressing the local government’s objection to the
lotto, such resolution is valid. This is part of the local
KUNG KAYA’T DAHIL DITO, at sa mungkahi nina Kgg. Kgd. Juan government’s autonomy to air its views which may be contrary
M. Unico at Kgg. Kgd. Gat-Ala A. Alatiit, pinangalawahan ni Kgg. to that of the national government’s. However, this freedom to
Kgd. Meliton C. Larano at buong pagkakaisang sinangayunan exercise contrary views does not mean that local governments
ng lahat ng dumalo sa pulong; may actually enact ordinances that go against laws duly
enacted by Congress. Given this premise, the assailed
IPINASIYA, na tutulan gaya ng dito ay mahigpit na resolution in this case could not and should not be interpreted
TINUTUTULAN ang ano mang uri ng sugal dito sa lalawigan ng as a measure or ordinance prohibiting the operation of lotto. To
Laguna lalo’t higit ang Lotto; conclude our resolution of the first issue, respondent mayor of
San Pedro cannot avail of Kapasiyahan Bilang 508, Taon 1995,
IPINASIYA PA RIN na hilingin tulad ng dito ay hinihiling sa of the Provincial Board of Laguna as justification to prohibit G.R. No. 79956 January 29, 1990
Panlalawigang pinuno ng Philippine National Police (PNP) Col. lotto in his municipality. For said resolution is nothing but an
[illegible] na mahigpit na pag-ibayuhin ang pagsugpo sa lahat expression of the local legislative unit concerned. The Board’s
ng uri ng illegal na sugal sa buong lalawigan ng Laguna lalo na enactment, like spring water, could not rise above its source of
CORDILLERA BROAD COALITION, petitioner, FACTS: under E.O. No. 220 and its transitory nature is reinforced in Art.
vs. XXI of R.A. No. 6766.
COMMISSION ON AUDIT, respondent. In April 1986, just after the EDSA Revolution, Fr.
Conrado M. Balweg, S.V.D., broke off on ideological grounds ISSUES:
G.R. No. 82217 January 29, 1990 from the Communist Party of the Philippines (CPP) and its
military arm the New People's Army. (NPA). I Whether or not the issuance of E.O. No. 220 by the President
LILIA YARANON and BONA BAUTISTA, assisted by their has pre-empted Congress from its mandated task of enacting
spouses, BRAULIO D. YARANON and DEMETRIO D. After President Aquino was installed into office by an organic act and created an autonomous region in the
BAUTISTA, JR., respectively; JAMES BRETT and SINAI C. People Power, she advocated a policy of national reconciliation. Cordilleras.
HAMADA, petitioners, The Cordillera People’s Liberation Army (CPLA) heeded this call
vs. of the President. After the preliminary negotiations, President II Whether or not CAR is a territorial and political subdivision.
THE COMMISSION ON AUDIT, HON. CATALINO Aquino and some members of her Cabinet flew to Mt. Data in
MACARAIG, Executive Secretary, HON. VICENTE JAYME, the Mountain Province on September 13, 1986 and signed with
Secretary of Finance, HON. GUILLERMO N. CARAGUE, Fr. Conrado M. Balweg (As Commander of the CPLA) and Ama III Whether or not the creation of the CAR contravened the
Secretary of Budget and Management, and HON. Mario Yag-ao (as President of Cordillera Bodong Administration, constitutional guarantee of the local autonomy for the
ROSALINA S. CAJUCOM, OIC National Treasurer, the civil government of the CPLA) a ceasefire agreement that provinces (Abra, Benguet, Ifugao, Kalinga-Apayao and
respondents. signified the cessation of hostilities (WHEREAS No. 7, E.O. 220). Mountain Province) and city (Baguio City) which compose the
CAR.
Background of the case: On March 27, 1987, Ambassador Pelaez [Acting as
Chief Negotiator of the government], in pursuance of the
In these consolidated petitions, the constitutionality of September 13, 1986 agreement, flew to the Mansion House,
Executive Order No. 220, dated July 15, 1987, which created Baguio City, and signed with Fr. Balweg (as Chairman of the RULING:
the (Cordillera Administrative Region, is assailed on the Cordillera panel) a joint agreement.
primary ground that it pre-empts the enactment of an organic I The Supreme Court held in the negative. A reading of E.O. No.
act by the Congress and the creation of' the autonomous Pursuant to the above joint agreement, E.O. 220 was 220 will reveal that it does not create the autonomous region
region in the Cordilleras conditional on the approval of the act drafted and signed into law by the President. contemplated in the Constitution. It merely provides for
through a plebiscite. transitory measures in anticipation of the enactment of an
Executive Order No. 220, issued by the President in the organic act and the creation of an autonomous region. In short,
Relative to the creation of autonomous regions, the exercise of her legislative powers under Art. XVIII, sec. 6 of the it prepares the ground for autonomy. This does not necessarily
constitution, in Article X, provides: 1987 Constitution, created the Cordillera Administrative Region conflict with the provisions of the Constitution on autonomous
(CAR) , which covers the provinces of Abra, Benguet, Ifugao, regions. The President, in 1987 still exercising legislative
Kalinga-Apayao and Mountain Province and the City of Baguio powers, as the first Congress had not yet convened, saw it fit
AUTONOMOUS REGIONS to provide for some measures to address the urgent needs of
[secs. 1 and 2]. It was created to accelerate economic and
social growth in the region and to prepare for the the Cordilleras in the meantime that the organic act had not
Sec. 18. The Congress shall enact an organic act for establishment of the autonomous region in the Cordilleras [sec. yet been passed and the autonomous region created. These
each autonomous region with the assistance and participation 3]. The CAR shall have a Cordillera Regional Assembly as a measures we find in E.O. No. 220
of the regional consultative commission composed of policy-formulating body and a Cordillera Executive Board as an
representatives appointed by the President from a list of implementing arm [secs. 7, 8 and 10]. The CAR and the The transitory nature of the CAR does not necessarily mean
nominees from multi-sectoral bodies. The organic act shall Assembly and Executive Board shall exist until such time as that it is, as petitioner Cordillera Broad Coalition asserts, "the
define the basic structure of government for the region the autonomous regional government is established and interim autonomous region in the Cordilleras."
consisting of the executive department and legislative organized [sec. 17].
assembly, both of which shall be elective and representative of
the constituent political units. The organic acts shall likewise The Constitution provides for a basic structure of government
provide for special courts with personal, family and property During the pendency of this case, Republic Act No. 6766 in the autonomous region composed of an elective executive
law jurisdiction consistent with the provisions of this entitled "An Act Providing for an Organic Act for the Cordillera and legislature and special courts with personal, family and
Constitution and national laws. Autonomous Region," was enacted and signed into law. The property law jurisdiction [Art. X, sec. 18]. Using this as a guide,
Act recognizes the CAR and the offices and agencies created we find that E.O. No. 220 did not establish an autonomous
regional government. It created a region, covering a specified xxx xxx xxx for an autonomous regional government with a basic structure
area, for administrative purposes with the main objective of consisting of an executive department and a legislative
coordinating the planning and implementation of programs and Sec. 10. No province, city, municipality, or assembly and special courts with personal, family and property
services. barangay may be created, divided, merged, law jurisdiction in each of the autonomous regions [Art. X, sec.
abolished, or its boundary substantially altered, 18].
The bodies created by E.O. No. 220 do not supplant the except in accordance with the criteria
existing local governmental structure, nor are they established in the local government code and As we have said earlier, the CAR is a mere transitory
autonomous government agencies. They merely constitute the subject to approval by a majority of the votes coordinating agency that would prepare the stage for political
mechanism for an "umbrella" that brings together the existing cast in a plebiscite in the political units directly autonomy for the Cordilleras. It fills in the resulting gap in the
local governments, the agencies of the National Government, affected. process of transforming a group of adjacent territorial and
the ethno-linguistic groups or tribes, and non-governmental political subdivisions already enjoying local or administrative
organizations in a concerted effort to spur development in the The CAR is not a public corporation or a territorial and autonomy into an autonomous region vested with political
Cordilleras. political subdivision. It does not have a separate juridical autonomy.
personality, unlike provinces, cities and municipalities. Neither
Subsequent to the issuance of E.O. No. 220, the Congress, is it vested with the powers that are normally granted to public
after it was convened, enacted Republic Act No. 6658 which corporations, e.g. the power to sue and be sued, the power to
created the Cordillera Regional Consultative Commission. The own and dispose of property, the power to create its own
President then appointed its members. The commission sources of revenue, etc. As stated earlier, the CAR was created
prepared a draft organic act which became the basis for the primarily to coordinate the planning and implementation of
deliberations of the Senate and the House of Representatives. programs and services in the covered areas.
The result was Republic Act No. 6766, the organic act for the
Cordillera autonomous region, which was signed into law on The CAR may be considered more than anything else as a
October 23, 1989. A plebiscite for the approval of the organic regional coordinating agency of the National Government,
act, to be conducted shortly, shall complete the process similar to the regional development councils which the
outlined in the Constitution. President may create under the Constitution [Art. X, sec. 14].
These councils are "composed of local government officials,
In the meantime, E.O. No. 220 had been in force and effect for regional heads of departments and other government offices,
more than two years and we find that, despite E.O. No. 220, and representatives from non-governmental organizations
the autonomous region in the Cordilleras is still to be created, within the region for purposes of administrative
showing the lack of basis of petitioners' assertion. Events have decentralization to strengthen the autonomy of the units
shown that petitioners' fear that E.O. No. 220 was a "shortcut" therein and to accelerate the economic and social growth and
for the creation of the autonomous region in the Cordilleras development of the units in the region." [Ibid.] In this wise, the
was totally unfounded. CAR may be considered as a more sophisticated version of the
regional development council.
II The SC found that E.O. No. 220 did not create a new
territorial and political subdivision or merge existing ones into III The Supreme Court held that the creation of CAR did not
a larger subdivision. contravene the constitutional guarantee of local autonomy for
the provinces. It must be clarified that the constitutional
The Constitution provides in Article X: guarantee of local autonomy in the Constitution [Art. X, sec. 2]
refers to the administrative autonomy of local government
units or, cast in more technical language, the decentralization
Section 1. The territorial and political of government authority.On the other hand, the creation of
subdivisions of the Republic of the Philippines AQUILINO Q. PIMENTEL v. EXECUTIVE SECRETARY
autonomous regions in Muslim Mindanao and the Cordilleras, PAQUITO N. OCHOA, GR No. 195770, 2012-07-17
are the provinces, cities, municipalities, and which is peculiar to the 1987 Constitution contemplates the
barangays. There shall be autonomous regions grant of political autonomy and not just administrative Facts:
in Muslim Mindanao and the Cordilleras as autonomy these regions. Thus, the provision in the Constitution
hereinafter provided.
In 207, the DSWD embarked on a poverty reduction strategy City/Municipal level to better execute Program objectives and Section 3. The Congres shall enact a local government code
with the poorest of the poor as target beneficiaries.[2] Dubed " functions... d. Coordinate with various concerned government which shall provide for a more responsive and accountable
Ahon Pamilyang Pilipino, " it was pre-pilotested in the agencies at the local level, sectoral representatives and NGO local government structure instituted through a system of
municipalities of Sibagat and Esperanza in Agusan del Sur; to ensure effective Program implementation... e. Prepare decentralization with effective mechanisms of recall, initiative,
the... municipalities of Lopez Jaenand Bonifacio in Misamis reports on issues and concerns regarding Program and referendum,... allocate among the different local
Occidental, the Caraga Region; and the cities of Pasay and implementation and submit to the Regional Advisory government units their powers, responsibilities, and resources,
Calocan[3] upon the release of the amount of P 50 Million Committee, and... f. Hold monthly committee meetings and provide for the qualifications , election, appointment and
Pesos under a Special Allotment Release Order (SARO) issued removal, term, salaries, powers and functions and duties of
by the Department of Budget... and Management. Congress, for its part, sought to ensure the success of the local officials, and all other maters relating to the...
CCTP by providing it with funding under the GA of 208 in the organization and operation of the local units.
On July 16, 208, the DSWD issued Administrative Order No. 16, amount of Two Hundred Ninety - Eight Million Five Hundred
series of 208 (A.O. No. 16, s. 208),[5] setting the implementing Fifty Thousand Pesos ( P 298,50,0.0). xxx
guidelines for the project renamed "Pantawid Pamilyang
Pilipino Program " (4Ps), upon the following stated objectives, This budget allocation increased tremendously to P 5 Billion Section 14. The President shall provide for regional
to... wit: development councils or other similar bodies composed of local
Pesos in 209, with the amount doubling to P 10 Billion Pesos in government officials, regional heads of departments and other
To improve preventive health care of pregnant women and 2010. But the biggest allotment given to the CCTP was in the government offices, and representatives from non -
young children GA of 201 at Twenty One Billion One Hundred Ninety - Four governmental organizations within the... regions for purposes
Million One Hundred Seventeen Thousand Pesos ( P of administrative decentralization to strengthen the autonomy
To increase enrollment/attendance of children at elementary 21,194,17,0.0). of the units therein and to accelerate the economic and social
level growth and development of the units in the region.
Petitioner Aquilino Pimentel, Jr., a former Senator, joined by
(Underscoring supplied)
To reduce incidence of child labor Sergio Tadeo, incumbent President of the Association of
Barangay Captains of Cabanatuan City, Nueva Ecija, and In order to fully secure to the LGUs the genuine and
To raise consumption of poor households on nutrient dense Nelson Alcantara, incumbent Barangay Captain of Barangay meaningful autonomy that would develop them into self -
foods Sta. Monica, Quezon City , challenges before the reliant communities and effective partners in the attainment of
To encourage parents to invest in their children's (and their national goals, [16] Section 17 of the Local Government Code
Court the disbursement of public funds and the implementation
own) future vested upon the LGUs... the duties and functions pertaining to
of the CCTP which are alleged to have encroached into the
the delivery of basic services and facilities, as follows:
local autonomy of the LGUs.
To encourage parent's participation in the growth and
development of young children, as well as involvement in the SECTION 17. Basic Services and Facilities. (a) Local
Issues:
community government units shall endeavor to be self - reliant and shall
THE P 21 BILLION CTP BUDGET ALLOCATION UNDER THE DSWD continue exercising the powers and discharging the duties and
Under A.O. No. 16, s. 208, the DSWD also institutionalized a IN THE GA FY 201 VIOLATES ART. II, SEC. 25 & ART. X, SEC. 3 functions currently vested upon them. They shall also
coordinated inter - agency network among the Department of OF THE 1987 CONSTITUTION IN RELATION TO SEC. 17 OF THE discharge the functions and... responsibilities of national
Education (DepEd), Department of Health (DOH), Department LOCAL GOVERNMENT CODE OF 191 BY PROVIDING FOR THE agencies and offices devolved to them pursuant to this Code.
of Interior and Local Government (DILG), the National Anti - RECENTRALIZATION OF THE NATIONAL Local government units shall like wise exercise such other
Poverty Commission (NAPC) and the local... government units powers and discharge such other f unctions and responsibilities
(LGUs), identifying specific roles an d functions in order to GOVERNMENT IN THE DE LIVERY OF BASIC SERVICES ALREADY as are necessary, appropriate, or incidental to efficient and...
ensure effective and efficient implementation of the CCTP . As DEVOLVED TO THE LGUS. effective provision of the basic services and facilities
the DSWD takes on the role of lead implementing agency that enumerated herein.
must "oversee and coordinate the implementation, monitoring Ruling:
and evaluation of... the program," the concerned LGU as (b) Such basic services and facilities include, but are not
The Constitution declares it a policy of the State to ensure the limited to, x x x.
partner agency is particularly tasked to... a. Ensure availability
autonomy of local governments[14] and even devotes a ful
of the supply side on health and education in the target areas.
article on the subject of local governance[15] which includes While the aforementioned provision charges the LGUs to take
b. Provide necessary technical assistance for Program the following pertinent provisions: on the functions and responsibilities that have already been
implementation... c. Coordinate the devolved upon them from the national agencies on the aspect
implementation/operationalization of sectoral activities at the of providing for basic services and facilities in their respective
jurisdictions , paragraph (c)... of the same provision provides a from taking a direct hand in the... formulation and
categorical exception of cases involving nationally - funded implementation of national development programs especially
projects, facilities, programs and services, thus: where it is implemented locally in coordination with the LGUs
concerned.
(c) Notwithstanding the provisions of subsection (b) hereof,
public works and infrastructure projects and other facilities,
programs and services funded by the National Government
under the annual General Appropriations Act, other special
laws, pertinent executive... orders, and those wholly or
partially funded from foreign sources, are not covered under
this Section, except in those cases where the local government
unit concerned is duly designated as the implementing agency
for such projects, facilities, programs and services.
(Underscoring supplied)
Petition Denied.