Reynaldo R. San Juan vs CSC, DBM, Cecilia Almajose
GR No. 92299, April 19, 1991
FACTS:
The position of Provincial Budget Officer for the Province
of Rizal was left vacant on March 22, 1988.
Provincial Governor, petitioner informed the Director of DBM
that Ms. Dalisay Santos, then Municipal Budget Officer of Taytay, Rizal,
assumed offices as Acting PBO since March 22, 1988 and requested the Director
of DBM to endorse the appointment of Ms. Santos to the position of PBO. DBM
Regional Director found Cecilia Almajose, among the nominees of the petitioner
to be the most qualified and recommended to the DBM Secretary the appointment
of Almajose as PBO of Rizal, which the DBM USec signed the appointment papers
of Almajose as PBO.
Upon learning of Almajose’s appointment, petitioner wrote
DBM Sec protesting against the said appointment on the grounds that the DBM
Usec is not legally authorized to appoint the PBO, that Almajose lacks the
required 3 yrs works experience as provided in Local Budget Circular No. 31,
and that under EO No. 112, it is the Provincial Governor, not the Regional Director or a
Congressman, who has the power to recommend nominees for the position of PBO.
ISSUE:
Whether or not the DBM has the power to appoint the
PBO without violating the principle of Local Autonomy.
RULING:
We have to obey the clear mandate on local autonomy. Where a
law is capable of two interpretations, one in favor of centralized power in
Malacañang and the other beneficial to local autonomy, the scales must be
weighed in favor of autonomy.
The 1935 Constitution had no specific article on local
autonomy but distinguished presidential control to supervision:
"The President shall have control of all the executive
departments, bureaus, or offices, exercise general supervision over all local
governments as may be provided by law, and take care that the laws be
faithfully executed. (Sec. 11, Article VII, 1935 Constitution)"
The President controls the executive departments. He has no
such power over local governments. He has only supervision and that supervision
is both general and circumscribed by statute.
Article II, S. 25, 1987 Constitution states:
"Sec. 25. The State shall ensure the autonomy of local
governments."
The 14 sections in Article X, on Local Government not only
reiterate earlier doctrines but give in greater detail the provisions making
local autonomy more meaningful.
"Sec. 2. The territorial and political subdivisions shall
enjoy local autonomy.
"Sec. 3. The Congress shall enact a local government code
which shall provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the different
local government units their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment and removal, term, salaries,
powers and functions and duties of local officials, and all other matters
relating to the organization and operation of the local units."
The right given by Local Budget Circular No. 31 which
states:
Sec. 6.0 — The DBM reserves the right to fill up any
existing vacancy where none of the nominees of the local chief executive meet
the prescribed requirements.
is ultra vires and is, accordingly, set aside. The DBM may
appoint only from the list of qualified recommendees nominated by the Governor.
If none is qualified, he must return the list of nominees to the Governor
explaining why no one meets the legal requirements and ask for new recommendees
who have the necessary eligibilities and qualifications.
