G.R. No. 125350 December 3 2002
FACTS:
Acting on the DBM's Local Budget Circular No. 55, the
Mandaue City Auditor issued notices of disallowances to RTC and MTC Judges, in
excess of the amount (maximum of P1000 and P700 in provinces and cities and
municipalities, respectively) authorized by said circular. The additional
monthly allowances of the judges shall be reduced to P1000 each. They were also
asked to reimbursed the amount they received in excess of P1000 from the last
six months.
ISSUE:
Whether or not Local Budget Circular No. 55 void for going
beyond the supervisory powers of the President.
RULING:
Yes. Although the Constitution guarantees autonomy to local
government units, the exercise of local autonomy remains subject to the power
of control by Congress and the power of supervision by the President. Sec 4 Art
X of 1987 Constitution: "The
President of the Philippines shall exercise general supervision over local
governments. x x x" The said provision has been interpreted to exclude the
power of control.
The members of the Cabinet and other executive officials are
merely alter egos of the President. As such, they are subject to the power of control
of the President; he will see to it that the local governments or their
officials were performing their duties as provided by the Constitution and by
statutes, at whose will and behest they can be removed from office; or their
actions and decisions changed, suspended or reversed. They are subject to the
President's supervision only, not control, so long as their acts are exercised
within the sphere of their legitimate powers. The President can only interfere
in the affairs and activities of a LGU if he or she finds that the latter has
acted contrary to law. This is the scope of the President's supervisory powers
over LGUs
