[G.R. No. 161081.

May 10, 2005]

RAMON M. ATIENZA, in his capacity as ic!"Go#!$no$ o% th! &$o#inc! o% Occi'!nta( Min'o$o, petitioner,
vs. )O*E T. I++ARO*A, in his capacity as Go#!$no$ o% th! &$o#inc! o% Occi'!nta(
Min'o$o, respondent.
, E - I * I O N
-A++E)O, *R., J..
Before the Court is the petition for review on certiorari filed by Ramon M. Atienza, in his capacity as Vice-
overnor of the !rovince of "ccidental Mindoro, see#in$ to reverse and set aside the %ecision
&'(
dated )ovember
*+, *,,- of the Court of Appeals in CA-.R. .! )o. /*,01. 2he assailed decision dismissed the petition for
prohibition under Rule 03 of the Rules of Court filed by petitioner Atienza which had sou$ht to en4oin the
implementation of the Memoranda dated 5une *3, *,,* and 5uly ', *,,* issued by 5ose 2. Villarosa, overnor of
the same province.
2he present case arose from the followin$ undisputed facts6
!etitioner Atienza and respondent Villarosa were the Vice-overnor and overnor, respectively, of the
!rovince of "ccidental Mindoro. "n 5une *0, *,,*, the petitioner Vice-overnor received the Memorandum
dated 5une *3, *,,* issued by the respondent overnor concernin$ the 7A829"R:2; 2" .:) !8RC9A.<
"R%<R. "= .8!!>:<., MA2<R:A>., <?8:!M<)2&.(, :)C>8%:) =8<>, R<!A:R. A)% MA:)2<)A)C<
"= 29< SANGGUNIANG PANLALAWIGAN.@ 2he said memorandum reads6
=or proper coordination and to ensure efficient and effective local $overnment administration particularly on
matters pertainin$ to supply and property mana$ement, effective immediately, all !urchase "rders issued in
connection with the procurement of supplies, materials and eAuipment&s( includin$ fuel, repairs and
maintenance needed in the transaction of public business or in the pursuit of any underta#in$, pro4ect or activity of
the .an$$unian$ !anlalawi$an, this province, shall be approved by the undersi$ned in his capacity as the local
chief eBecutive of the province.
2he provision of %:> "pinion )o. 'C+-'11- which states that the authority to si$n !urchase "rders of supplies,
materials and eAuipment&s( of the .an$$unian belon$s to the local chief eBecutive, serves as basis of this
memorandum.
=or strict compliance.
&*(
:n reply to the above memorandum, the petitioner Vice-overnor wrote the respondent overnor statin$ that6
De are of the opinion that E purchase orders for supplies, materials and eAuipment are included under those as
authorized for si$nature by the Vice-chief eBecutive of the .an$$unian on the basis of the %:> "pinion )o. 10-
'113 as affirmed by the C"A "pinions on 5une *+, April '' and =ebruary 1, '11C and coursin$ it to the overnor
for his approval is no lon$er necessary, the fact that &.ecs.( C00 and C0+, RA /'0, already provides for the
separation of powers between the eBecutive and le$islative. .uch authority even include everythin$ necessary for
the le$islative research pro$ram of the .an$$unian.
&-(
8nimpressed, the respondent overnor issued the Memorandum dated 5uly ', *,,* relatin$ to the
72<RM:)A2:") "= C")2RAC2 "= .<RV:C<. "= CA.8A>F5"B "R%<R <M!>";<<. A)%
R<A!!":)2M<)2 "= 29< R<.!<C2:V< R<C"MM<)%<<..@ 2he said memorandum reads6
=or faithful and appropriate enforcement and eBecution of laws and issuances and to promote efficiency in the
$overnment service, effective immediately, all eBistin$ contract of employment G casualF4ob order basis and
reappointment of the recommendees G entered into by Vice-overnor Ramon M. Atienza are hereby terminated
for bein$ unauthorized.
Aside from bein$ si$ned by the unauthorized si$natory, the followin$ facts re$ardin$ the appointments were
considered6
'. 2he appointment of *+ cler#s G on top of eBistin$ permanent employees G is a clear manifestation of an
eBcessive and bloated bureaucracyH
*. 2he appointment of an I-ray 2echnician detailed at the !rovincial 9ealth "ffice and some cler#s detailed
at various offices in the province were not proper to be assi$ned by the Vice-overnorH
-. 2he appointment of -, messen$ers, utility wor#ers and drivers ran counter to C"A "pinion as cited in
the letter of the undersi$ned dated *+ 5une *,,*, addressed to the Vice-overnor.
9owever, in order to accommodate the Vice-overnor and the members of the .an$$unian$ !anlalawi$an, the
undersi$ned, in his capacity as the local chief eBecutive of the province, will allow four JCK casualF4ob order
employees to be assi$ned to the Vice-overnor and one J'K casualF4ob order employee to be assi$ned to each
member of the .an$$unian$ !anlalawi$an.
2he Vice-overnor and all the .an$$unian Members are hereby directed to submit immediately the names of
their recommendees to the undersi$ned for immediate approval of their respective appointments.
!lease be $uided accordin$ly.
&C(
"n 5uly -, *,,*, the respondent overnor issued another Memorandum re$ardin$ the 7<)="RC:B:>:2;
JsicK "= !R<V:"8. M<M"RA)%A :..8<% ") 58)< *,, *0 A)% 58>; ', *,,*.@ :t provides that6
!lease be properly advised that the Memoranda dated 5une *,, *0 and 5uly ', *,,* issued by the undersi$ned
re$ardin$ the issuance of permit to travel and authority to si$n !urchase "rders of supplies, materials, eAuipment,
includin$ fuel, repairs and maintenance of the .an$$unian$ !anlalawi$an, is to be strictly adhered to for
compliance.
>i#ewise for strict compliance is the Memorandum dated 5uly ', *,,* with reference to the Cancellation of the
Appointment of Casual/Job Order mplo!ees of the San""unian" Panlala#i"an $embers/Office of the %ice&
Go'ernorpreviously si$ned by Vice-overnor Ramon M. Atienza.
!lease be $uided accordin$ly.
&3(
:n his >etter dated 5uly 1, *,,*, the petitioner Vice-overnor invo#ed the principle of separation of powers as
applied to the local $overnment units, i(e(, the respondent, as the overnor, the head of the eBecutive branch, and
the petitioner, as the Vice-overnor, the head of the le$islative branch, which is the San""unian" Panlala#i"an.
2he petitioner Vice-overnor reiterated his reAuest for the respondent to ma#e a 7deeper study@ on the matter
before implementin$ his memoranda. 2he reAuest, however, went unheeded as the respondent overnor
insisted on obli$in$ the department heads of the provincial $overnment to comply with the memoranda.
2he petitioner Vice-overnor thus filed with the Court of Appeals the petition for prohibition assailin$ as
havin$ been issued with $rave abuse of discretion the respondent overnorLs Memoranda dated 5une *3, *,,*
and 5uly ', *,,*. 2he petitioner Vice-overnor claimed that these memoranda eBcluded him from the use and
en4oyment of his office in violation of the pertinent provisions of Republic Act )o. /'0,, or the >ocal overnment
Code of '11', and its implementin$ rules and re$ulations. :t was prayed that the respondent overnor be
en4oined from implementin$ the assailed memoranda.
2he appellate court, in its %ecision dated )ovember *+, *,,-, dismissed the petition for prohibition. Citin$
.ection -CC
&0(
of Rep. Act )o. /'0,, the CA upheld the authority of the respondent overnor to issue the
Memorandum dated 5une *3, *,,* as it reco$nized his authority to approve the purchase orders. 2he said
provision provides in part that 7approval of the disbursement voucher by the local chief eBecutive himself shall be
reAuired whenever local funds are disbursed.@
2he CA eBplained that .ection C00JaKJ'K
&/(
of the same Code, relied upon by the petitioner Vice-overnor,
spea#s of the authority of the Vice-overnor to si$n 7all #arrants drawn on the public treasury for all eBpenditures
appropriated for the operation of the san""unian" panlala#i"an.@ :n declarin$ this provision inapplicable, the CA
reasoned that the approval of purchase orders is different from the power of the Vice-overnor to si$n warrants
drawn a$ainst the public treasury.
.ection -0'
&+(
was, li#ewise, held to be inapplicable ratiocinatin$, thus6
&R(eAuisitionin$, which is provided under .ection -0' of RA /'0,, is the act of reAuirin$ that somethin$ be
furnished. :n the procurement function, it is the submission of written reAuests for supplies and materials and the
li#e. :t could be inferred that, in the scheme of thin$s, approval of purchase reAuests is different from approval of
purchase orders. 2hus, the inapplicability of .ection -0'.
Anent the Memorandum dated 5uly ', *,,*, the CA ruled that the issue on whether it could be en4oined had
already been rendered moot and academic. 2he CA pointed out that the sub4ect of the said memorandum could
no lon$er be en4oined or restrained as the termination of the employees had already been effected. :t opined that
where the act sou$ht to be en4oined in the prohibition proceedin$s had already been performed and there is
nothin$ more to restrain, the case is already moot and academic.
2he petitioner Vice-overnor now see#s recourse to this Court alle$in$ that the appellate court committed
reversible error in rulin$ that it is the overnor, and not the Vice-overnor, who has the authority to si$n purchase
orders of supplies, materials, eAuipment, includin$ fuel, repairs and maintenance of the San""unian"
Panlala#i"an. 2he petitioner Vice-overnor, li#ewise, ta#es eBception to the holdin$ of the CA that the issue
relatin$ to the 5uly ', *,,* Memorandum had been rendered moot and academic. 9e points out that the
appointment of casualF4ob order employees is eBercised by the appointin$ authority every siB months in the case
of casual employees and per 4ob order as to 4ob order employees. 2hus, while the 5uly ', *,,* Memorandum
had already been implemented, what is bein$ sou$ht to be en4oined is the respondent overnorLs continued
usurpation of the petitioner Vice-overnorLs authority to appoint the employees of the San""unian"
Panlala#i"an under the pertinent provisions of Rep. Act )o. /'0,.
=or his part, the respondent overnor maintains that his Memoranda dated 5une *3, *,,* and 5uly ', *,,*
are valid. 9e asserts that the approval of purchase orders is different from the power of the Vice-overnor to si$n
warrants drawn a$ainst the provincial treasury under .ection C00JaKJ'K of Rep. Act )o. /'0,. Rather, he insists
on the application of the last clause in .ection -CC which states that the approval of the disbursement by the local
chief eBecutive is reAuired whenever local funds are disbursed.
2he respondent overnor li#ewise defends the validity of the Memorandum dated 5uly ', *,,* statin$ that it
was issued upon findin$ that the petitioner Vice-overnor appointed, amon$ others, *+ cler#s on top of the
eBistin$ permanent employees resultin$ in an eBcessive and bloated bureaucracy. 9e concedes the appointin$
power of the Vice-overnor but submits that this is limited to the employees of theSan""unian" Panlala#i"an and
that he is not authorized to appoint officials and employees of the "ffice of the Vice-overnor.
As correctly presented by the appellate court, the issues for resolution in this case are6
A. Dho between the petitioner and the respondent is authorized to approve purchase orders issued in
connection with the procurement of supplies, materials, eAuipment, includin$ fuel, repairs and maintenance of the
.an$$unian$ !anlalawi$anM
B. %oes respondent Villarosa, as local chief eBecutive, have the authority to terminate or cancel the
appointments of casualF4ob order employees of the .an$$unian$ !anlalawi$an Members and the "ffice of the
Vice-overnorM
&1(
Before resolvin$ the fore$oin$ issues, it is noted that petitioner Atienza and respondent Villarosa had ceased
to be the Vice-overnor and overnor, respectively, of the !rovince of "ccidental Mindoro effective 5une -,,
*,,C when the newly-elected officials of the province too# their oaths of offices. 2he petitioner Vice-overnor did
not run for re-election durin$ the May *,,C elections while the respondent overnor did not succeed in his re-
election bid. 2he eBpiration of their terms of offices has effectively rendered the case moot. 9owever, even in
cases where supervenin$ events had made the cases moot, the Court did not hesitate to resolve the le$al or
constitutional issues raised to formulate controllin$ principles to $uide the bench, bar and the public.
&',(
:n this
case, there is compellin$ reason for the Court to resolve the issues presented in order to clarify the scope of the
respective powers of the overnor and Vice-overnor under the pertinent provisions of the >ocal overnment
Code of '11'.
2o resolve the substantive issues presented in the instant case, it is well to recall that Rep. Act )o. /'0, was
enacted to $ive flesh to the constitutional mandate to 7provide for a more responsive and accountable local
$overnment structure instituted throu$h a s!stem of decentrali)ation with effective mechanism of recall, initiative
and referendum, allocate amon" the different local "o'ernment units their po#ers* responsibilities* and resources,
and provide for the Aualifications, election, appointment and removal, term, salaries, po#ers and functions and
duties of local officials, and all matters relatin$ to the or$anization and operation of the local units.@
&''(
:n this connection, the provisions of Rep. Act )o. /'0, are anchored on principles that $ive effect to
decentralization. Amon$ these principles are6 &t(here shall be an effective allocation amon$ the different local
$overnment units of their respective powers, functions, responsibilities, and resourcesH &t(here shall be established
in every local $overnment unit an accountable, efficient, and dynamic or$anizational structure and operatin$
mechanism that will meet the priority needs and service reAuirements of its communitiesH &p(rovinces with respect
to component cities and municipalities, and cities and municipalities with respect to component baran$ays, shall
ensure that the acts of their component units are within the scope of their prescribed powers and functionsH and
&e(ffective mechanisms for ensurin$ the accountability of local $overnment units to their respective constituents
shall be stren$thened in order to up$rade continually the Auality of local leadership.
&'*(
Dith these $uideposts, the Court shall now address the issue on who between the overnor and Vice-
overnor is authorized to approve purchase orders issued in connection with the procurement of supplies,
materials, eAuipment, includin$ fuel, repairs and maintenance of the San""unian" Panlala#i"an.
De hold that it is the Vice-overnor who has such authority.
8nder Rep. Act )o. /'0,, local le$islative power for the province is eBercised by the San""unian"
Panlala#i"an
&'-(
and the Vice-overnor is its presidin$ officer.
&'C(
Bein$ vested with le$islative powers,
theSan""unian" Panlala#i"an enacts ordinances, resolutions and appropriates funds for the $eneral welfare of
the province in accordance with the provisions of Rep. Act )o. /'0,.
&'3(
2he same statute vests upon the Vice-
overnor the power to6
J'K Be the presidin$ officer of the san$$unian$ panlalawi$an and si$n all warrants drawn on the provincial
treasury for all eBpenditures appropriated for the operation of the san$$unian$ panlalawi$an.
&'0(
=urther, .ection -CC provides6
.ec. -CC. Certification on* and Appro'al of* %ouchers. G )o money shall be disbursed unless the local bud$et
officer certifies to the eBistence of appropriation that has been le$ally made for the purpose, the local accountant
has obli$ated said appropriation, and the local treasurer certifies to the availability of funds for the purpose.
Vouchers and payrolls shall be certified to and approved by the head of the department or office who has
administrative control of the fund concerned, as to validity, propriety and le$ality of the claim involved. <Bcept in
cases of disbursements involvin$ re$ularly recurrin$ administrative eBpenses such as payrolls for re$ular or
permanent employees, eBpenses for li$ht, water, telephone and tele$raph services, remittances to $overnment
creditor a$encies such as the .:., ..., >B!, %B!, )ational !rintin$ "ffice, !rocurement .ervice of the %BM
and others, approval of the disbursement voucher by the local chief eBecutive himself shall be reAuired whenever
local funds are disbursed.
:n cases of special or trust funds, disbursements shall be approved by the administrator of the fund.
:n case of temporary absence or incapacity of the department head or chief of office, the officer neBt-in-ran# shall
automatically perform his function and he shall be fully responsible therefor.
Reliance by the CA on the clause 7approval of the disbursement voucher by the local chief eBecutive himself
shall be reAuired whenever local funds are disbursed@ of the above section J.ection -CCK to rule that it is the
overnor who has the authority to approve purchase orders for the supplies, materials or eAuipment for the
operation of the San""unian" Panlala#i"an is misplaced. 2his clause cannot prevail over the more specific
clause of the same provision which provides that 7vouchers and payrolls shall be certified to and approved by the
head of the department or office who has administrative control of the fund concerned.@ 2he Vice-overnor, as
the presidin$ officer of the San""unian" Panlala#i"an, has administrative control of the funds of the said body.
Accordin$ly, it is the Vice-overnor who has the authority to approve disbursement vouchers for eBpenditures
appropriated for the operation of the San""unian" Panlala#i"an.
"n this point, .ection -1 of the Manual on the )ew overnment Accountin$ .ystem for >ocal overnment
8nits, prepared by the Commission on Audit JC"AK, is instructive6
.ec. -1. Appro'al of +isbursements. G Approval of disbursements by the >ocal Chief <Becutive J>C<K himself
shall be reAuired whenever local funds are disbursed, eBcept for re$ularly recurrin$ administrative eBpenses such
as6 payrolls for re$ular or permanent employees, eBpenses for li$ht, water, telephone and tele$raph services,
remittances to $overnment creditor a$encies such as .:., B:R, !9:>9<A>29, >B!, %B!, )!", !. of the %BM
and others, where the authority to approve may be dele$ated. %isbursement vouchers for eBpenditures
appropriated for the operation of the .an$$unian shall be approved by the provincial Vice overnor, the city Vice-
Mayor or the municipal Vice-Mayor, as the case may be.
&'/(
Dhile Rep. Act )o. /'0, is silent as to the matter, the authority $ranted to the Vice-overnor to si$n all
warrants drawn on the provincial treasury for all eBpenditures appropriated for the operation of theSan""unian"
Panlala#i"an as well as to approve disbursement vouchers relatin$ thereto necessarily includes the authority to
approve purchase orders coverin$ the same applyin$ the doctrine of necessary implication. 2his doctrine is
eBplained, thus6
)o statute can be enacted that can provide all the details involved in its application. 2here is always an omission
that may not meet a particular situation. Dhat is thou$ht, at the time of enactment, to be an all-embracin$
le$islation may be inadeAuate to provide for the unfoldin$ of events of the future. .o-called $aps in the law
develop as the law is enforced. "ne of the rules of statutory construction used to fill in the $ap is the doctrine of
necessary implication. 2he doctrine states that what is implied in a statute is as much a part thereof as that which
is eBpressed. <very statute is understood, by implication, to contain all such provisions as may be necessary to
effectuate its ob4ect and purpose, or to ma#e effective ri$hts, powers, privile$es or 4urisdiction which it $rants,
includin$ all such collateral and subsidiary conseAuences as may be fairly and lo$ically inferred from its
terms. , necessitate le"is. And every statutory $rant of power, ri$ht or privile$e is deemed to include all
incidental power, ri$ht or privile$e. 2his is so because the $reater includes the lesser, eBpressed in the maBim, in
eo plus sit* simper inest et minus.
&'+(
Darrants are 7order&s( directin$ the treasurer of the municipality to pay money out of funds in city treasury
which are or may become available for purpose specified to desi$nated person&s(.@
&'1(
Darrants of a municipal
corporation are $enerally orders payable when funds are found. 2hey are issued for the payment of $eneral
municipal debts and eBpenses sub4ect to the rule that they shall be paid in the order of presentation.
&*,(
2he ordinary meanin$ of 7voucher@ is a document which shows that services have been performed or
eBpenses incurred. :t covers any acAuittance or receipt dischar$in$ the person or evidencin$ payment by him.
Dhen used in connection with disbursement of money, it implies some instrument that shows on what account or
by what authority a particular payment has been made, or that services have been performed which entitle the
party to whom it is issued to payment.
&*'(
!urchase order, on the other hand, is 7an authorization by the issuin$ party for the recipient to provide
materials or services for which issuin$ party a$rees to payH it is an offer to buy which becomes bindin$ when
those thin$s ordered have been provided.@
&**(
Dhen an authorized person approves a disbursement voucher, he certifies to the correctness of the entries
therein, amon$ others6 that the eBpenses incurred were necessary and lawful, the supportin$ documents are
complete and the availability of cash therefor. =urther, the person who performed the services or delivered the
supplies, materials or eAuipment is entitled to payment.
&*-(
"n the other hand, the terms and conditions for the
procurement of supplies, materials or eAuipment, in particular, are contained in a purchase order. 2he tenor of a
purchase order basically directs the supplier to deliver the articles enumerated and sub4ect to the terms and
conditions specified therein.
&*C(
9ence, the eBpress authority to approve disbursement vouchers and, in effect,
authorize the payment of money claims for supplies, materials or eAuipment, necessarily includes the authority to
approve purchase orders to cause the delivery of the said supplies, materials or eAuipment.
.ince it is the Vice-overnor who approves disbursement vouchers and approves the payment for the
procurement of the supplies, materials and eAuipment needed for the operation of the San""unian"
Panlala#i"an, then he also has the authority to approve the purchase orders to cause the delivery of the said
supplies, materials or eAuipment.
:ndeed, the authority $ranted to the Vice-overnor to si$n all warrants drawn on the provincial treasury for all
eBpenditures appropriated for the operation of the San""unian" Panlala#i"an as well as to approve disbursement
vouchers relatin$ thereto is $reater and includes the authority to approve purchase orders for the procurement of
the supplies, materials and eAuipment necessary for the operation of theSan""unian" Panlala#i"an.
Anent the second issue, the appellate court li#ewise committed reversible error in holdin$ that the
implementation of the Memorandum dated 5uly ', *,,* had rendered the petition moot and academic. :t is
reco$nized that courts will decide a Auestion otherwise moot and academic if it is 7capable of repetition yet
evadin$ review.@
&*3(
<ven if the employees whose contractual or 4ob order employment had been terminated by the
implementation of the 5uly ', *,,* Memorandum may no lon$er be reinstated, still, similar memoranda may be
issued by other local chief eBecutives. 9ence, it behooves the Court to resolve whether the overnor has the
authority to terminate or cancel the appointments of casualF4ob order employees of the San""unian"
Panlala#i"an and the "ffice of the Vice-overnor.
De hold that the overnor, with respect to the appointment of the officials and employees of
the San""unian" Panlala#i"an, has no such authority.
Amon$ the powers $ranted to the overnor under .ection C03 of Rep. Act )o. /'0, are6
.ec. C03. -he Chief ,ecuti'e. Po#ers* +uties* /unctions and Compensation.G JaK 2he provincial $overnor, as
the chief eBecutive of the provincial $overnment, shall eBercise such powers and perform such duties and
functions as provided by this Code and other laws.
JbK =or efficient, effective and economical $overnance the purpose of which is the $eneral welfare of the province
and its inhabitants pursuant to .ection '0 of this Code, the provincial $overnor shall6
E
JvK Appoint all officials and employees whose salaries and wa$es are wholly or mainly paid out of provincial
funds and whose appointments are not otherwise provided for in this Code, as well as those he may be
authorized by law to appoint.
"n the other hand, .ection C00 vests on the Vice-overnor the power to, amon$ others6
J*K .ub4ect to civil service law, rules and re$ulations, appoint all officials and employees of the san$$unian$
panlalawi$an, eBcept those whose manner of appointment is specifically provided in this Code.
2hus, while the overnor has the authority to appoint officials and employees whose salaries are paid out of
the provincial funds, this does not eBtend to the officials and employees of the San""unian"
Panlala#i"an because such authority is lod$ed with the Vice-overnor. :n the same manner, the authority to
appoint casual and 4ob order employees of the San""unian" Panlala#i"an belon$s to the Vice-overnor.
2he authority of the Vice-overnor to appoint the officials and employees of the San""unian"
Panlala#i"an is anchored on the fact that the salaries of these employees are derived from the appropriation
specifically for the said local le$islative body. :ndeed, the bud$et source of their salaries is what sets the
employees and officials of the San""unian" Panlala#i"an apart from the other employees and officials of the
province. Accordin$ly, the appointin$ power of the Vice-overnor is limited to those employees of
the San""unian" Panlala#i"an, as well as those of the "ffice of the Vice-overnor, #hose salaries are paid out
of the funds appropriated for the San""unian" Panlala#i"an. As a corollary, if the salary of an employee or
official is char$ed a$ainst the provincial funds, even if this employee reports to the Vice-overnor or is assi$ned
to his office, the overnor retains the authority to appoint the said employee pursuant to .ection C03JbKJvK of Rep.
Act )o. /'0,.
9owever, in this case, it does not appear whether the contractualF4ob order employees, whose appointments
were terminated or cancelled by the Memorandum dated 5uly ', *,,* issued by the respondent overnor, were
paid out of the provincial funds or the funds of the San""unian" Panlala#i"an. )onetheless, the validity of the
said memorandum cannot be upheld because it absolutely prohibited the respondent Vice-overnor from
eBercisin$ his authority to appoint the employees, whether re$ular or contractualF4ob order, of the San""unian"
Panlala#i"an and restricted such authority to one of recommendatory nature only.
&*0(
2his clearly constituted an
encroachment on the appointment power of the respondent Vice- overnor under .ection C00JaKJ*K of Rep. Act
)o. /'0,.
At this 4uncture, it is well to note that under 0atas Pambansa 0l". --/, the >ocal overnment Code prior to
Rep. Act )o. /'0,, the overnor was the presidin$ officer of the San""unian" Panlala#i"an6
.ec. *,3. Composition. J'K <ach provincial $overnment shall have a provincial le$islature hereinafter #nown as
the san""unian" panlala#i"an, upon which shall be vested the provincial le$islative power.
J*K 2he san""unian" panlala#i"an shall be composed of the $overnor, vice-$overnor, elective members of the
said san""unian, and the presidents of the 1atipunan" panlala#i"an and the 1abataan" baran"a! provincial
federation who shall be appointed by the !resident of the !hilippines.
E
.ec. *,0. Sessions. G
J-K 2he $overnor, who shall be the presidin$ officer of the san""unian" panlala#i"an, shall not be
entitled to vote eBcept in case of a tie.
E
Dith Rep. Act )o. /'0,, the union of le$islative and eBecutive powers in the office of the local chief eBecutive
under the B! Bl$. --/ has been disbanded, so that either department now comprises different and non-
intermin$lin$ official personalities with the end in view of ensurin$ a better delivery of public service and provide a
system of chec# and balance between the two.
&*/(
.enator AAuilino !imentel, the principal author of Rep. Act )o. /'0,, eBplained that 7the Vice-overnor is
now the presidin$ officer of the San""unian" Panlala#i"an. 2he City Vice-Mayor presides at meetin$s of
the San""unian" Panlun"sod and the Municipal Vice-Mayor at the sessions of the San""unian" 0a!an. -he
idea is to distribute po#ers amon" electi'e local officials so that the le"islati'e* #hich is the San""unian* can
properl! chec1 the e,ecuti'e* #hich is the Go'ernor or the $a!or and 'ice 'ersa and e,ercise their functions
#ithout an! undue interference from one b! the other.@
&*+(
2he avowed intent of Rep. Act. )o. /'0,, therefore, is to vest on the San""unian"
Panlala#i"an independence in the eBercise of its le$islative functions 'is&a&'is the dischar$e by the overnor of
the eBecutive functions. 2he Memoranda dated 5une *3, *,,* and 5uly ', *,,* of the respondent overnor,
which effectively eBcluded the petitioner Vice-overnor, the presidin$ officer of the San""unian" Panlala#i"an,
from si$nin$ the purchase orders for the procurement of supplies, materials or eAuipment needed for the
operation of the San""unian" Panlala#i"an as well as from appointin$ its casual and 4ob order employees,
constituted undue interference with the latterLs functions. 2he assailed memoranda are clearly not in #eepin$ with
the intent of Rep. Act )o. /'0, and their implementation should thus be permanently en4oined.
/0ERE1ORE, the petition is RA)2<%. 2he Memoranda dated 5une *3, *,,* and 5uly ', *,,* issued by
respondent overnor 5ose 2. Villarosa are )8>> A)% V":%.
*O OR,ERE,.