This document summarizes a petition for certiorari filed by judges stationed in Mandaluyong City to annul a decision of the Commission on Audit affirming notices that reduced their monthly additional allowances from P1,911 to P1,111 each based on Local Budget Circular No. 99 issued by the Department of Budget and Management. The petitioners argue that the circular infringes on the local autonomy of Mandaluyong City and is not supported by law. The Solicitor General supports the position of the petitioner judges.
This document summarizes a petition for certiorari filed by judges stationed in Mandaluyong City to annul a decision of the Commission on Audit affirming notices that reduced their monthly additional allowances from P1,911 to P1,111 each based on Local Budget Circular No. 99 issued by the Department of Budget and Management. The petitioners argue that the circular infringes on the local autonomy of Mandaluyong City and is not supported by law. The Solicitor General supports the position of the petitioner judges.
This document summarizes a petition for certiorari filed by judges stationed in Mandaluyong City to annul a decision of the Commission on Audit affirming notices that reduced their monthly additional allowances from P1,911 to P1,111 each based on Local Budget Circular No. 99 issued by the Department of Budget and Management. The petitioners argue that the circular infringes on the local autonomy of Mandaluyong City and is not supported by law. The Solicitor General supports the position of the petitioner judges.
HON. RTC JUDGES MERCEDES G. DADOLE (Exec!"#e J$%e, &r'(c) 2*+, ULR,C R. CA-ETE (.re/"$"(% J$%e, &r'(c) 25+, AGUST,NE R. 0EST,L (.re/"$"(% J$%e, &r'(c) 51+, HON. MTC JUDGES TEM,STOCLES M. &OHOLST (.re/"$"(% J$%e, &r'(c) 1+, 0,CENTE C. 2AN,LAG (J$%e De/"%('!e, &r'(c) 2+, '($ 3,L2REDO A. DAGATAN (.re/"$"(% J$%e, &r'(c) 3+, '44 o5 M'($'e C"!6, petitioners, vs. COMM,SS,ON ON AUD,T, respondent. D E C I S I O N CORONA, J.: Before us is a petition for certiorari under Rule 64 to annul the decision 1 and resolution
, dated Septe!"er 1, 1##$ and %a& ', 1##6, respectivel&, of the
respondent Co!!ission on (udit )CO(* affir!in+ the notices of the %andaue Cit& (uditor ,hich di!inished the !onthl& additional allo,ances received "& the petitioner -ud+es of the Re+ional .rial Court )R.C* and %unicipal .rial Court )%.C* stationed in %andaue Cit&. .he undisputed facts are as follo,s/ In 1#'6, the R.C and %.C -ud+es of %andaue Cit& started receivin+ !onthl& allo,ances of 0 1,61 each throu+h the &earl& appropriation ordinance enacted "& the San++unian+ 0anlun+sod of the said cit&. In 1##1, %andaue Cit& increased the a!ount to 01,$11 for each -ud+e. On %arch 1$, 1##4, the Depart!ent of Bud+et and %ana+e!ent )DB%* issued the disputed 2ocal Bud+et Circular No. $$ )2BC $$* ,hich provided that/ 34 4 4 4 4 4 4 4 4 .5.. In the li+ht of the authorit& +ranted to the local +overn!ent units under the 2ocal 6overn!ent Code to provide for additional allo,ances and other "enefits to national +overn!ent officials and e!plo&ees assi+ned in their localit&, such additional allowances in the form of honorarium at rates not exceeding P1,000.00 in provinces and cities and P700.00 in municipalities may be granted su"-ect to the follo,in+ conditions/ a* .hat the +rant is not !andator& on the part of the 267s8 "* .hat all contractual and statutor& o"li+ations of the 267 includin+ the i!ple!entation of R.(. 69$' shall have "een full& provided in the "ud+et8 c* .hat the "ud+etar& re:uire!ents;li!itations under Section 54 and 5$ of R.(. 9161 should "e satisfied and;or co!plied ,ith8 and d* .hat the 267 has full& i!ple!ented the devolution of functions;personnel in accordance ,ith R.(. 9161. 5 3 )italics supplied* 4 4 4 4 4 4 4 4 4 .he said circular li<e,ise provided for its i!!ediate effectivit& ,ithout need of pu"lication/ 3$.1 E==EC.I>I.? .his Circular shall ta<e effect i!!ediatel&.3 (ctin+ on the DB% directive, the %andaue Cit& (uditor issued notices of disallo,ance to herein petitioners, na!el&, @onora"le R.C Aud+es %ercedes 6. Dadole, 7lric R. CaBete, (+ustin R. >estil, @onora"le %.C Aud+es .e!istocles %. Boholst, >icente C. =anila+ and Cilfredo (. Da+atan, in e4cess of the a!ount authoriDed "& 2BC $$. Be+innin+ Octo"er, 1##4, the additional !onthl& allo,ances of the petitioner -ud+es ,ere reduced to 01,111 each. .he& ,ere also as<ed to rei!"urse the a!ount the& received in e4cess of 01,111 fro! (pril to Septe!"er, 1##4. .he petitioner -ud+es filed ,ith the Office of the Cit& (uditor a protest a+ainst the notices of disallo,ance. But the Cit& (uditor treated the protest as a !otion for reconsideration and indorsed the sa!e to the CO( Re+ional Office No. 9. In turn, the CO( Re+ional Office referred the !otion to the head office ,ith a reco!!endation that the sa!e "e denied. On Septe!"er 1, 1##$, respondent CO( rendered a decision den&in+ petitionersE !otion for reconsideration. .he CO( held that/ .he issue to "e resolved in the instant appeal is ,hether or not the Cit& Ordinance of %andaue ,hich provides a hi+her rate of allo,ances to the appellant -ud+es !a& prevail over that fi4ed "& the DB% under 2ocal Bud+et Circular No. $$ dated %arch 1$, 1##4. 4 4 4 4 4 4 4 4 4 (ppl&in+ the fore+oin+ doctrine, appropriation ordinance of local +overn!ent units is su"-ect to the or+aniDational, "ud+etar& and co!pensation policies of "ud+etar& authorities )CO( $th Ind., dated %arch 19, 1##4 re/ 0rovince of (nti:ue8 CO( letter dated %a& 19, 1##4 re/ Re:uest of @on. Renato 2eviste, Con+. 1st Dist. Oriental %indoro*. In this re+ard, attention is invited to (d!inistrative Order No. 4 issued on %arch 5, 1##5 "& the 0resident of the 0hilippines clarif&in+ the role of DB% in the co!pensation and classification of local +overn!ent positions under R( No. 9161 visFavis the provisions of R( No. 69$' in vie, of the a"olition of the AC260(. Section 1 of said (d!inistrative Order provides that/ 3Section 1. .he Depart!ent of Bud+et and %ana+e!ent as the lead ad!inistrator of R( No. 69$' shall, throu+h its Co!pensation and 0osition Classification Bureau, continue to have the follo,in+ responsi"ilities in connection ,ith the i!ple!entation of the 2ocal 6overn!ent Code of 1##1/ a* 0rovide +uidelines on the classification of local +overn!ent positions and on the specific rates of pa& therefore8 "* 0rovide criteria and +uidelines for the +rant of all allo,ances and additional for!s of co!pensation to local +overn!ent e!plo&ees8 444.3 )underscorin+ supplied* .o operationaliDe the aforecited presidential directive, DB% issued 2BC No. $$, dated %arch 1$, 1##4, ,hose effectivit& clause provides that/ 4 4 4 4 4 4 4 4 4 3$.1 E==EC.I>I.? .his Circular shall ta<e effect i!!ediatel&.3 It is a ,ellFsettled rule that i!ple!entin+ rules and re+ulations pro!ul+ated "& ad!inistrative or e4ecutive officer in accordance ,ith, and as authoriDed "& la,, has the force and effect of la, or parta<e the nature of a statute )>ictorias %illin+ Co., Inc., vs. Social Securit& Co!!ission, 114 0hil. $$$, cited in (+paloEs Statutor& Construction, nd Ed. 0. 168 Austice CruDEs 0hil. 0olitical 2a,, 1#'4 Ed., p. 1158 Espanol vs. 0hil >eterans (d!inistration, 159 SCR( 5148 (nti:ue Sa,!ills Inc. vs. .a&co, 19 SCR( 516*. 4 4 4 4 4 4 4 4 4 .here "ein+ no statutor& "asis to +rant additional allo,ance to -ud+es in e4cess of 01,111.11 char+ea"le a+ainst the local +overn!ent units ,here the& are stationed, this Co!!ission finds no su"stantial +rounds or co+ent reason to distur" the decision of the Cit& (uditor, %andaue Cit&, disallo,in+ in audit the allo,ances in :uestion. (ccordin+l&, the a"oveFcaptioned appeal of the %.C and R.C Aud+es of %andaue Cit&, insofar as the sa!e is not covered "& Circular 2etter No. #1F9, is here"& dis!issed for lac< of !erit. 4 4 4 4 4 4 4 4 4 4 On Nove!"er 9, 1##$, E4ecutive Aud+e %ercedes 6oDoFDadole, for and in "ehalf of the petitioner -ud+es, filed a !otion for reconsideration of the decision of the CO(. In a resolution dated %a& ', 1##6, the CO( denied the !otion. @ence, this petition for certiorari "& the petitioner -ud+es, su"!ittin+ the follo,in+ :uestions for resolution/ I @(S .@E CI.? O= %(ND(7E S.(.7.OR? (ND CONS.I.7.ION(2 B(SIS .O 0RO>IDE (DDI.ION(2 (22OC(NCES (ND O.@ER BENE=I.S .O A7D6ES S.(.IONED IN (ND (SSI6NED .O .@E CI.?G II C(N (N (D%INIS.R(.I>E CIRC72(R OR 67IDE2INE S7C@ (S 2OC(2 B7D6E. CIRC72(R NO. $$ RENDER INO0ER(.I>E .@E 0OCER O= .@E 2E6IS2(.I>E BOD? O= ( CI.? B? SE..IN6 ( 2I%I. .O .@E EH.EN. O= .@E EHERCISE O= S7C@ 0OCERG III @(S .@E CO%%ISSION ON (7DI. CORREC.2? IN.ER0RE.ED 2OC(2 B7D6E. CIRC72(R NO. $$ .O INC27DE %E%BERS O= .@E A7DICI(R? IN =IHIN6 .@E CEI2IN6 O= (DDI.ION(2 (22OC(NCES (ND BENE=I.S .O BE 0RO>IDED .O A7D6ES S.(.IONED IN (ND (SSI6NED .O %(ND(7E CI.? B? .@E CI.? 6O>ERN%EN. (. 01,111.11 0ER %ON.@ NO.CI.@S.(NDIN6 .@(. .@E? @(>E BEEN RECEI>IN6 (22OC(NCES O= 01,$11.11 %ON.@2? =OR .@E 0(S. =I>E ?E(RSG I> IS 2OC(2 B7D6E. CIRC72(R NO. $$ D(.ED %(RC@ 1$, 1##4 ISS7ED B? .@E DE0(R.%EN. O= B7D6E. (ND %(N(6E%EN. >(2ID (ND EN=ORCE(B2E CONSIDERIN6 .@(. I. C(S NO. D72? 07B2IS@ED IN (CCOD(NCE CI.@ 2(CG $ 0etitioner -ud+es ar+ue that 2BC $$ is void for infrin+in+ on the local autono!& of %andaue Cit& "& dictatin+ a unifor! a!ount that a local +overn!ent unit can dis"urse as additional allo,ances to -ud+es stationed therein. .he& !aintain that said circular is not supported "& an& la, and therefore +oes "e&ond the supervisor& po,ers of the 0resident. .he& further alle+e that said circular is void for lac< of pu"lication. On the other hand, the &earl& appropriation ordinance providin+ for additional allo,ances to -ud+es is allo,ed "& Section 4$', par. )a*)1*I4iJ, of R( 9161, other,ise <no,n as the 2ocal 6overn!ent Code of 1##1, ,hich provides that/ Sec. 4$'. Powers, Duties, Functions and ompensation. K )a* .he san++unian+ panlun+sod, as the le+islative "od& of the cit&, shall enact ordinances, approve resolutions and appropriate funds for the +eneral ,elfare of the cit& and its inha"itants pursuant to Section 16 of this Code and in the proper e4ercise of the corporate po,ers of the cit& as provided for under Section of this Code, and shall/ )1* (pprove ordinances and pass resolutions necessar& for an efficient and effective cit& +overn!ent, and in this connection, shall/ 4 4 4 4 4 4 4 4 4 !xi" #hen the finances of the city government allow, provide for additional allowances and other benefits to $udges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the city% )italics supplied* Instead of filin+ a co!!ent on "ehalf of respondent CO(, the Solicitor 6eneral filed a !anifestation supportin+ the position of the petitioner -ud+es. .he Solicitor 6eneral ar+ues that )1* DB% onl& en-o&s the po,er to revie, and deter!ine ,hether the dis"urse!ents of funds ,ere !ade in accordance ,ith the ordinance passed "& a local +overn!ent unit ,hile )* the CO( has no !ore than auditorial visitation po,ers over local +overn!ent units pursuant to Section 54' of R( 9161 ,hich provides for the po,er to inspect at an& ti!e the financial accounts of local +overn!ent units. %oreover, the Solicitor 6eneral opines that 3the DB% and the respondent are onl& authoriDed under R( 9161 to pro!ul+ate a Bud+et Operations %anual for local +overn!ent units, to i!prove and s&ste!atiDe !ethods, techni:ues and procedures e!plo&ed in "ud+et preparation, authoriDation, e4ecution and accounta"ilit&3 pursuant to Section 5$4 of R( 9161. .he Solicitor 6eneral points out that 2BC $$ ,as not e4ercised under an& of the afore!entioned provisions. Respondent CO(, on the other hand, insists that the constitutional and statutor& authorit& of a cit& +overn!ent to provide allo,ances to -ud+es stationed therein is not a"solute. Con+ress !a& set li!itations on the e4ercise of autono!&. It is for the 0resident, throu+h the DB%, to chec< ,hether these le+islative li!itations are "ein+ follo,ed "& the local +overn!ent units. One such la, i!posin+ a li!itation on a local +overn!ent unitEs autono!& is Section 4$', par. )a* )1* I4iJ, of R( 9161, ,hich authoriDes the dis"urse!ent of additional allo,ances and other "enefits to -ud+es sub$ect to the condition that the finances of the city government should allow the same. .hus, DB% is !erel& enforcin+ the condition of the la, ,hen it sets a unifor! !a4i!u! a!ount for the additional allo,ances that a cit& +overn!ent can release to -ud+es stationed therein. (ssu!in+ arguendo that 2BC $$ is void, respondent CO( !aintains that the provisions of the &earl& approved ordinance +rantin+ additional allo,ances to -ud+es are still prohi"ited "& the appropriation la,s passed "& Con+ress ever& &ear. CO( ar+ues that %andaue Cit& +ets the funds for the said additional allo,ances of -ud+es fro! the Internal Revenue (llot!ent )IR(*. But the 6eneral (ppropriations (cts of 1##4 and 1##$ do not !ention the dis"urse!ent of additional allo,ances to -ud+es as one of the allo,a"le uses of the IR(. @ence, the provisions of said ordinance +rantin+ additional allo,ances, ta<en fro! the IR(, to herein petitioner -ud+es are void for "ein+ contrar& to la,. .o resolve the instant petition, there are t,o issues that ,e !ust address/ )1* ,hether 2BC $$ of the DB% is void for +oin+ "e&ond the supervisor& po,ers of the 0resident and for not havin+ "een pu"lished and )* ,hether the &earl& appropriation ordinance enacted "& the Cit& of %andaue that provides for additional allo,ances to -ud+es contravenes the annual appropriation la,s enacted "& Con+ress. Ce rule in favor of the petitioner -ud+es. On the first issue, ,e declare 2BC $$ to "e null and void. Ce reco+niDe that, althou+h our Constitution 6 +uarantees autono!& to local +overn!ent units, the e4ercise of local autono!& re!ains su"-ect to the po,er of control "& Con+ress and the po,er of supervision "& the 0resident. Section 4 of (rticle H of the 1#'9 0hilippine Constitution provides that/ Sec. 4. .he 0resident of the 0hilippines shall e4ercise +eneral supervision over local +overn!ents. 4 4 4 In Pimentel vs. &guirre 9 , ,e defined the supervisor& po,er of the 0resident and distin+uished it fro! the po,er of control e4ercised "& Con+ress. .hus/ .his provision )Section 4 of (rticle H of the 1#'9 0hilippine Constitution* has "een interpreted to e4clude the po,er of control. In 'ondano v. (ilvosa, i $ the Court contrasted the 0residentEs po,er of supervision over local +overn!ent officials ,ith that of his po,er of control over e4ecutive officials of the national +overn!ent. It ,as e!phasiDed that the t,o ter!s FF supervision and control FF differed in !eanin+ and e4tent. .he Court distin+uished the! as follo,s/ 34 4 4 In ad!inistrative la,, supervision !eans overseein+ or the po,er or authorit& of an officer to see that su"ordinate officers perfor! their duties. If the latter fail or ne+lect to fulfill the!, the for!er !a& ta<e such action or step as prescri"ed "& la, to !a<e the! perfor! their duties. Control, on the other hand, !eans the po,er of an officer to alter or !odif& or nullif& or set aside ,hat a su"ordinate officer haIsJ done in the perfor!ance of his duties and to su"stitute the -ud+!ent of the for!er for that of the latter.3 ii 6 In )aule v. (antos, iii 9 ,e further stated that the Chief E4ecutive ,ielded no !ore authorit& than that of chec<in+ ,hether local +overn!ents or their officials ,ere perfor!in+ their duties as provided "& the funda!ental la, and "& statutes. @e cannot interfere ,ith local +overn!ents, so lon+ as the& act ,ithin the scope of their authorit&. 3Supervisor& po,er, ,hen contrasted ,ith control, is the po,er of !ere oversi+ht over an inferior "od&8 it does not include an& restrainin+ authorit& over such "od&,3 iv ' ,e said. In a !ore recent case, Drilon v. *im, v # the difference "et,een control and supervision ,as further delineated. Officers in control la& do,n the rules in the perfor!ance or acco!plish!ent of an act. If these rules are not follo,ed, the& !a&, in their discretion, order the act undone or redone "& their su"ordinates or even decide to do it the!selves. On the other hand, supervision does not cover such authorit&. Supervisin+ officials !erel& see to it that the rules are follo,ed, "ut the& the!selves do not la& do,n such rules, nor do the& have the discretion to !odif& or replace the!. If the rules are not o"served, the& !a& order the ,or< done or redone, "ut onl& to confor! to such rules. .he& !a& not prescri"e their o,n !anner of e4ecution of the act. .he& have no discretion on this !atter e4cept to see to it that the rules are follo,ed. 7nder our present s&ste! of +overn!ent, e4ecutive po,er is vested in the 0resident. vi11 .he !e!"ers of the Ca"inet and other e4ecutive officials are !erel& alter e+os. (s such, the& are su"-ect to the po,er of control of the 0resident, at ,hose ,ill and "ehest the& can "e re!oved fro! office8 or their actions and decisions chan+ed, suspended or reversed. vii 11 In contrast, the heads of political su"divisions are elected "& the people. .heir soverei+n po,ers e!anate fro! the electorate, to ,ho! the& are directl& accounta"le. B& constitutional fiat, the& are su"-ect to the 0residentEs supervision onl&, not control, so lon+ as their acts are e4ercised ,ithin the sphere of their le+iti!ate po,ers. B& the sa!e to<en, the 0resident !a& not ,ithhold or alter an& authorit& or po,er +iven the! "& the Constitution and the la,. Clearl& then, the 0resident can onl& interfere in the affairs and activities of a local +overn!ent unit if he or she finds that the latter has acted contrar& to la,. .his is the scope of the 0residentEs supervisor& po,ers over local +overn!ent units. @ence, the 0resident or an& of his or her alter egos cannot interfere in local affairs as lon+ as the concerned local +overn!ent unit acts ,ithin the para!eters of the la, and the Constitution. (n& directive therefore "& the 0resident or an& of his or her alter egos see<in+ to alter the ,isdo! of a la,Fconfor!in+ -ud+!ent on local affairs of a local +overn!ent unit is a patent nullit& "ecause it violates the principle of local autono!& and separation of po,ers of the e4ecutive and le+islative depart!ents in +overnin+ !unicipal corporations. Does 2BC $$ +o "e&ond the la, it see<s to i!ple!entG ?es. 2BC $$ provides that the additional !onthl& allo,ances to "e +iven "& a local +overn!ent unit should not e4ceed 01,111 in provinces and cities and 0911 in !unicipalities. Section 4$', par. )a*)1*)4i*, of R( 9161, the la, that supposedl& serves as the le+al "asis of 2BC $$, allo,s the +rant of additional allo,ances to -ud+es 3,hen the finances of the cit& +overn!ent allo,.3 .he said provision does not authoriDe settin+ a definite !a4i!u! li!it to the additional allo,ances +ranted to -ud+es. .hus, ,e need not "ela"or the point that the finances of a cit& +overn!ent !a& allo, the +rant of additional allo,ances hi+her than 01,111 if the revenues of the said cit& +overn!ent e4ceed its annual e4penditures. .hus, to illustrate, a cit& +overn!ent ,ith locall& +enerated annual revenues of 041 !illion and e4penditures of 05$ !illion can afford to +rant additional allo,ances of !ore than 01,111 each to, sa&, ten -ud+es inas!uch as the finances of the cit& can afford it. Settin+ a unifor! a!ount for the +rant of additional allo,ances is an inappropriate ,a& of enforcin+ the criterion found in Section 4$', par. )a*)1*)4i*, of R( 9161. .he DB% overFstepped its po,er of supervision over local +overn!ent units "& i!posin+ a prohi"ition that did not correspond ,ith the la, it sou+ht to i!ple!ent. In other ,ords, the prohi"itor& nature of the circular had no le+al "asis. =urther!ore, 2BC $$ is void on account of its lac< of pu"lication, in violation of our rulin+ in )a+ada vs. )uvera ' ,here ,e held that/ 444. (d!inistrative rules and re+ulations !ust also "e pu"lished if their purpose is to enforce or i!ple!ent e4istin+ la, pursuant to a valid dele+ation. Interpretative re+ulations and those !erel& internal in nature, that is, re+ulatin+ onl& the personnel of an ad!inistrative a+enc& and the pu"lic, need not "e pu"lished. Neither is pu"lication re:uired of the soFcalled letters of instruction issued "& ad!inistrative superiors concernin+ the rules or +uidelines to "e follo,ed "& their su"ordinates in the perfor!ance of their duties. Respondent CO( clai!s that pu"lication is not re:uired for 2BC $$ inas!uch as it is !erel& an interpretative re+ulation applica"le to the personnel of an 267. Ce disa+ree. In De ,esus vs. ommission on &udit # ,here ,e dealt ,ith the sa!e issue, this Court declared void, for lac< of pu"lication, a DB% circular that disallo,ed pa&!ent of allo,ances and other additional co!pensation to +overn!ent officials and e!plo&ees. In refutin+ respondent CO(Es ar+u!ent that said circular ,as !erel& an internal re+ulation, ,e ruled that/ On the need for pu"lication of su"-ect DB%FCCC No. 11, ,e rule in the affir!ative. =ollo,in+ the doctrine enunciated in )a+ada v. )uvera, pu"lication in the Official 6aDette or in a ne,spaper of +eneral circulation in the 0hilippines is re:uired since D&M7CCC No. 10 "/ "( !)e ('!re o5 '( '$m"("/!r'!"#e c"rc4'r !)e 8r8o/e o5 9)"c) "/ !o e(5orce or "m84eme(! '( ex"/!"(% 4'9. Stated differentl&, to "e effective and enforcea"le, DB%FCCC No. 11 !ust +o throu+h the re:uisite pu"lication in the Official 6aDette or in a ne,spaper of +eneral circulation in the 0hilippines. In the present case under scrutin&, it is decisivel& clear that DB%FCCC No. 11, ,hich co!pletel& disallo,s pa&!ent of allo,ances and other additional co!pensation to +overn!ent officials and e!plo&ees, startin+ Nove!"er 1, 1#'#, is not a !ere interpretative or internal re+ulation. It is so!ethin+ !ore than that. (nd ,h& not, ,hen it tends to deprive +overn!ent ,or<ers of their allo,ance and additional co!pensation sorel& needed to <eep "od& and soul to+ether. A! !)e #er6 4e'/!, be5ore !)e /'"$ c"rc4'r ($er '!!'c: m'6 be 8erm"!!e$ !o /b/!'(!"'446 re$ce !)e"r "(come, !)e %o#er(me(! o55"c"'4/ '($ em84o6ee/ co(cer(e$ /)o4$ be '88r"/e$ '($ '4er!e$ b6 !)e 8b4"c'!"o( o5 /b;ec! c"rc4'r "( !)e O55"c"'4 G'<e!!e or "( ' (e9/8'8er o5 %e(er'4 c"rc4'!"o( "( !)e .)"4"88"(e/ = !o !)e e($ !)'! !)e6 be %"#e( 'm84e/! o88or!("!6 !o #o"ce o! 9)'!e#er o88o/"!"o( !)e6 m'6 )'#e, '($ !o #e(!"4'!e !)e"r /!'(ce o( !)e m'!!er. T)"/ '88ro'c) "/ more "( :ee8"(% 9"!) $emocr'!"c 8rece8!/ '($ r$"me(!/ o5 5'"r(e// '($ !r'(/8're(c6. )e!phasis supplied* In Philippine -nternational )rading orporation vs. ommission on &udit 11 , ,e a+ain declared the sa!e circular as void, for lac< of pu"lication, despite the fact that it ,as reFissued and then su"!itted for pu"lication. E!phasiDin+ the i!portance of pu"lication to the effectivit& of a re+ulation, ,e therein held that/ It has co!e to our <no,led+e that DB%FCCC No. 11 has "een reFissued in its entiret& and su"!itted for pu"lication in the Official 6aDette per letter to the National 0rintin+ Office dated %arch #, 1###. Could the su"se:uent pu"lication thereof cure the defect and retroact to the ti!e that the a"oveF!entioned ite!s ,ere disallo,ed in auditG .he ans,er is in the ne+ative, precisel& for the reason that pu"lication is re:uired as a condition precedent to the effectivit& of a la, to infor! the pu"lic of the contents of the la, or rules and re+ulations "efore their ri+hts and interests are affected "& the sa!e. =ro! the ti!e the CO( disallo,ed the e4penses in audit up to the filin+ of herein petition the su"-ect circular re!ained in le+al li!"o due to its nonFpu"lication. (s ,as stated in )a+ada v. )uvera, .prior pu"lication of la,s "efore the& "eco!e effective cannot "e dispensed ,ith, for the reason that it ,ould den& the pu"lic <no,led+e of the la,s that are supposed to +overn it.3 11 Ce no, resolve the second issue of ,hether the &earl& appropriation ordinance enacted "& %andaue Cit& providin+ for fi4ed allo,ances for -ud+es contravenes an& la, and should therefore "e struc< do,n as null and void. (ccordin+ to respondent CO(, even if 2BC $$ ,ere void, the ordinances enacted "& %andaue Cit& +rantin+ additional allo,ances to the petitioner -ud+es ,ould 3still )"e* "ereft of le+al "asis for ,ant of a la,ful source of funds considerin+ that the IR( cannot be used for such purposes.3 Respondent CO( sho,ed that %andaue Cit&Es funds consisted of locall& +enerated revenues and the IR(. =ro! 1#'# to 1##$, %andaue Cit&Es &earl& e4penditures e4ceeded its locall& +enerated revenues, thus resultin+ in a deficit. Durin+ all those &ears, it ,as the IR( that ena"led %andaue Cit& to incur a surplus. Respondent avers that %andaue Cit& used its IR( to pa& for said additional allo,ances and this violated para+raph of the Special 0rovisions, pa+e 1161, of R( 9'4$ ).he 6eneral (ppropriations (ct of 1##$* 1 and para+raph 5 of the Special 0rovision, pa+e 1$, of R( 9665 ).he 6eneral (ppropriations (ct of 1##4* 15 ,hich specificall& identified the o"-ects of e4penditure of the IR(. No,here in said provisions of the t,o "ud+etar& la,s does it sa& that the IR( can "e used for additional allo,ances of -ud+es. Respondent CO( thus ar+ues that the provisions in the ordinance providin+ for such dis"urse!ent are a+ainst the la,, considerin+ that the +rant of the su"-ect allo,ances is not ,ithin the specified use allo,ed "& the aforesaid &earl& appropriations acts. Ce disa+ree. Respondent CO( failed to prove that %andaue Cit& used the IR( to spend for the additional allo,ances of the -ud+es. .here ,as no evidence su"!itted "& CO( sho,in+ the "rea<do,n of the e4penses of the cit& +overn!ent and the funds used for said e4penses. (ll the CO( presented ,ere the a!ounts e4pended, the locall& +enerated revenues, the deficit, the surplus and the IR( received each &ear. (side fro! these ite!s, no data or fi+ures ,ere presented to sho, that %andaue Cit& deducted the su"-ect allo,ances fro! the IR(. In other ,ords, -ust "ecause %andaue Cit&Es locall& +enerated revenues ,ere not enou+h to cover its e4penditures, this did not !ean that the additional allo,ances of petitioner -ud+es ,ere ta<en fro! the IR( and not fro! the cit&Es o,n revenues. %oreover, the DB% neither conducted a for!al revie, nor ordered a disapproval of %andaue Cit&Es appropriation ordinances, in accordance ,ith the procedure outlined "& Sections 56 and 59 of R( 9161 ,hich provide that/ Section 56. Revie, of (ppropriation Ordinances of 0rovinces, @i+hl& 7r"aniDed Cities, Independent Co!ponent Cities, and %unicipalities ,ithin the %etropolitan %anila (rea. .he Depart!ent of Bud+et and %ana+e!ent shall revie, ordinances authoriDin+ the annual or supple!ental appropriations of provinces, hi+hl&Fur"aniDed cities, independent co!ponent cities, and !unicipalities ,ithin the %etropolitan %anila (rea "( 'ccor$'(ce 9"!) !)e "mme$"'!e46 /ccee$"(% Sec!"o(. Section 59. Revie, of (ppropriation Ordinances of Co!ponent Cities and %unicipalities.F .he san++uninan+ panlala,i+an shall revie, the ordinance authoriDin+ annual or supple!ental appropriations of co!ponent cities and !unicipalities in the sa!e !anner and ,ithin the sa!e period prescri"ed for the revie, of other ordinances. ,5 9"!)"( ("(e!6 (>0+ $'6/ 5rom rece"8! o5 co8"e/ o5 /c) or$"('(ce, !)e /'(%%("'(% 8'(4'4'9"%'( !':e/ (o 'c!"o( !)ereo(, !)e /'me /)'44 be $eeme$ !o )'#e bee( re#"e9e$ "( 'ccor$'(ce 9"!) 4'9 '($ /)'44 co(!"(e !o be "( 544 5orce '($ e55ec!. )e!phasis supplied* Cithin #1 da&s fro! receipt of the copies of the appropriation ordinance, the DB% should have ta<en positive action. Other,ise, such ordinance ,as dee!ed to have "een properl& revie,ed and dee!ed to have ta<en effect. Inas!uch as, in the instant case, the DB% did not follo, the appropriate procedure for revie,in+ the su"-ect ordinance of %andaue Cit& and allo,ed the #1Fda& period to lapse, it can no lon+er :uestion the le+alit& of the provisions in the said ordinance +rantin+ additional allo,ances to -ud+es stationed in the said cit&. 3HERE2ORE, the petition is here"& 6R(N.ED, and the assailed decision and resolution, dated Septe!"er 1, 1##$ and %a& ', 1##6, respectivel&, of the Co!!ission on (udit are here"& set aside. No costs. SO ORDERED. Davide, ,r., .,., /ellosillo, 0itug, 'endo1a, Panganiban, 2uisumbing, 3nares4 (antiago, (andoval45utierre1, arpio, &ustria4'artine1, arpio4'orales, and alle$o, (r., ,,., concur. Puno, ,., on official business. &1cuna, ,., on leave. 2oo!(o!e/ 1 CO( Decision No. #$F$6'8 6ollo, pp. 4F49.
CO( Decision No. #6F'8 6ollo, pp. 4'F4#.
5 6ollo, p. 1'8 6ollo, p. 49. 4 6ollo, pp. 44F49. $ 6ollo, p. 4. 6 Sec. $, I(rt. IIJ. .he State shall ensure the autono!& of local +overn!ents. Sec. , I(rt. HJ. .he territorial and political su"divisions shall en-o& local autono!&. 9 556 SCR( 11, 14F1$ )111*. ' 146 SCR( 4$5, 4$4 )1#'6*. # #4 SCR( 1$, 1$9F1$' )1##'*. 11 51# SCR( 19#, 1'# )1###*. 11 -d., p. 1'#. 1 S0ECI(2 0RO>ISIONS 4 4 4 4 4 4 4 4 4 5. 7se of Funds. .he a!ount herein shall, pursuant to Section 19)+* of the Code, provide for the cost of "asic services and facilities enu!erated under Section 19)"* thereof, particularl& those ,hich have "een devolved "& the Depart!ent of @ealth, the Depart!ent of Social Celfare and Develop!ent, the Depart!ent of (+riculture, and the Depart!ent of Environ!ent and Natural Resources as ,ell as other a+encies of the national +overn!ent, includin+ )1* construction;i!prove!ent, repair and !aintenance of local roads8 )* concrete "aran+a& roads;!ultiFpurpose pave!ents construction and i!prove!ent pro+ra! to "e i!ple!ented in accordance ,ith R.(. No. 69658 )5* construction, reha"ilitation and i!prove!ent of co!!unal irri+ation pro-ects;s&ste!s8 0RO>IDED, .hat each local +overn!ent unit shall, in accordance ,ith Section '9 of the Code, appropriate in its annual "ud+et no less than t,ent& percent )1L* of its share fro! internal revenue allot!ent for develop!ent pro-ects8 0RO>IDED, =7R.@ER, .hat enforce!ent of the provisions of Sections 5$)a* and 551)"* of the Code shall "e ,aived to ena"le local +overn!ent units to a"sor" national +overn!ent personnel transferred on account of devolution, create the !andator& positions specified in the Code, ena"le the "aran+a& officials to receive the !ini!u! allo,a"le level of re!uneration provided under Section 5#5 of the Code as ,ell as continue the i!ple!entation of the salar& standardiDation authoriDed under R.(. No. 69$'/ 0RO>IDED, =IN(22?, .hat such a!ounts as !a& "e deter!ined "& the Depart!ent of Bud+et and %ana+e!ent correspondin+ to the re:uire!ents of health care and services as devolved to 2ocal 6overn!ents 7nits R.(. No. 9161 shall not "e reali+ned or utiliDed "& 267s concerned for an& other e4penditure or purpose. 15 S0ECI(2 0RO>ISIONS 4 4 4 4 4 4 4 4 4 8. 7se of Funds. F .he a!ount herein appropriated shall, pursuant to Section 19)+* of the Code, provide for the cost of "asic services and facilities enu!erated under Section 19)"* thereof, particularl& those devolved "& the Depart!ent of @ealth, the Depart!ent of Social Celfare and Develop!ent, the Depart!ent of (+riculture, and the Depart!ent of Environ!ent and Natural Resources as ,ell as other a+encies of the National 6overn!ent, includin+ )1* construction;i!prove!ent, repair and !aintenance of local roads8 )* concrete "aran+a& roads;!ultiFpurpose pave!ents, construction and i!prove!ent pro+ra! to "e i!ple!ented in accordance ,ith R.(. No. 69658 )* construction, reha"ilitation and i!prove!ent of co!!unal irri+ation pro-ects;s&ste!s8 and )4* pa&!ent of not less than fift& percent )$1L* of the total re:uire!ent for the %a+na Carta "enefits of devolved health ,or<ers pursuant to the provisions of R.(. No. 951$ and such other +uidelines that !a& "e issued "& the Depart!ent of @ealth for the purpose/ 0RO>IDED, .hat each local +overn!ent unit shall, in accordance ,ith Section '9 of the Code, appropriate in its "ud+et no less than t,ent& percent )1L* of its share fro! Internal Revenue (llot!ent for develop!ent pro-ects8 0RO>IDED, =7R.@ER, .hat enforce!ent of the provisions of Sections 5$)a* and 551)"* of the Code shall "e ,aived ena"le local +overn!ent units to a"sor" and;or !aintain national +overn!ent personnel transferred on account of devolution, create the !andator& positions specified in the Code, ena"le the "aran+a& officials to receive the !ini!u! allo,a"le level of re!uneration provided under Section 5#5 of the Code, as ,ell as continue the i!ple!entation of the salar& standardiDation authoriDed under R.(. No. 69$' and the pa&!ent of not less than fift& percent )$1L* of the total re:uire!ent for the %a+na Carta "enefits of health ,or<ers !andated under R.(. No. 951$ and such other +uidelines as !a& "e issued "& the Depart!ent of @ealth for the purpose.