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PIMENTEL v. AGUIRRE (Exec. Sec.) and BONDOCODIN (Sec. of DBM) G.R. No.

132988
July 19, 2000 J. Panganiban
TOPIC IN SYLLABUS: Local Autonomy
SUMMARY: AO 372, later amended by AO 43, was issued which reduced total expenditures for the year by at least 25%
of authorized regular appropriations for non-personal services items for government departments and agencies. (Sec.
1) and the amount equivalent to 10% of the internal revenue allotment to local government units shall be withheld
(Sec. 4). The Supreme Court upheld Sec. 1 and reasoned that it was merely advisory. As for Sec. 4, it was struck down
because it was in contravention of the automatic release of the IRA to LGUs.
Doctrine: Local autonomy signified a more responsive and accountable local government structure instituted through
a system of decentralization. Decentralization simply means the devolution of national administration, not power, to
local governments. Local officials remain accountable to the central government as the law may provide. Under the
Philippine concept of local autonomy, the national government has not completely relinquished all its powers over
local governments, including autonomous regions. Only administrative powers over local affairs are delegated to
political subdivisions. The purpose of the delegation is to make governance more directly responsive and effective at
the local levels.

HOW IT REACHED THE SC: Original Petition for Certiorari and Prohibition seeking to annul AO 372.
FACTS:
 Dec. 27, 1997 – AO 372 (Adoption of Economy Measures in Government for Fiscal Year 1998) was issued by
Pres. Ramos.
o SECTION 1. All government departments and agencies, including state universities and colleges,
government-owned and controlled corporations and local governments units will identify and
implement measures in FY 1998 that will reduce total expenditures for the year by at least 25% of
authorized regular appropriations for non-personal services items… (like hiring, seminars, benefits)
o SECTION 4. Pending the assessment and evaluation by the Development Budget Coordinating
Committee of the emerging fiscal situation, the amount equivalent to 10% of the internal revenue
allotment to local government units shall be withheld.
 Dec. 10, 1998 – Pres. Estrada issued AO 43, amending Sec. 4 of AO 372 by reducing to 5% the amount of internal
revenue allotment (IRA) to be withheld from the LGUs.

PETITIONER’S ARGUMENT:
1. The President, in issuing AO 372, was in effect exercising the power of control over LGUs. The Constitution vests
in the President, however, only the power of general supervision over LGUs, consistent with the principle of
local autonomy.
2. To withhold ten percent (10%) of their IRA is in contravention of Section 286 of the Local Government Code and
of Section 6, Article X of the Constitution, providing for the automatic release to each of these units its share in
the national internal revenue.

RESPONDENT’S ARGUMENT:
1. The AO constituted as merely an exercise of the President’s power of supervision over LGUS.
2. The withholding is only temporary in nature.

ISSUE: Whether (a) Section 1 of AO 372 and (b) Section 4 are valid exercises of the President's power of general
supervision over local governments – only Sec. 1 is valid

HELD:
[DOCTRINE]: Extent of Local Autonomy
 Ganzon v. CA: local autonomy signified a more responsive and accountable local government structure
instituted through a system of decentralization. The grant of autonomy is intended to break up the monopoly
of the national government over the affairs of local governments, x x x not x x x to end the relation of
partnership and interdependence between the central administration and local government units x x x.

SOLLANO, JOSE GABRIEL for MORTELL, KRISHKA VICTORIA CASE #7


o Paradoxically, local governments are still subject to regulation, however limited, for the purpose of
enhancing self-government
 Decentralization simply means the devolution of national administration, not power, to local governments.
o Local officials remain accountable to the central government as the law may provide.
 Limbona v. Mangelin: Autonomy is either decentralization of administration or decentralization of power.
o There is decentralization of administration when the central government delegates administrative
powers to political subdivisions in order to broaden the base of government power and in the process to
make local governments more responsive and accountable.
 Decentralization of power, on the other hand, involves an abdication of political power in the favor of local
government units declared to be autonomous.
o According to a constitutional author, decentralization of power amounts to 'self-immolation,' since in
that event, the autonomous government becomes accountable not to the central authorities but to its
constituency.
 Under the Philippine concept of local autonomy, the national government has not completely relinquished all
its powers over local governments, including autonomous regions.
o Only administrative powers over local affairs are delegated to political subdivisions.
o The purpose of the delegation is to make governance more directly responsive and effective at the
local levels.
o In turn, economic, political and social development at the smaller political units are expected to propel
social and economic growth and development.
o But to enable the country to develop as a whole, the programs and policies effected locally must be
integrated and coordinated towards a common national goal. Thus, policy-setting for the entire country
still lies in the President and Congress.
o Magtajas v. Pryce Properties Corp., Inc: municipal governments are still agents of the national
government.

NICE TO KNOW:
Scope of President’s Power of Supervision over LGUs
 Art. X, Sec. 4. The President of the Philippines shall exercise general supervision over local governments.
o This provision has been interpreted to exclude the power of control.
o In administrative law, supervision means overseeing or the power or authority of an officer to see that
subordinate officers perform their duties.
o Control, on the other hand, means the power of an officer to alter or modify or nullify or set aside what
a subordinate officer has done in the performance of his duties and to substitute the judgment of the
former for that of the latter.
 Under our present system of government, executive power is vested in the President. The members of the
Cabinet and other executive officials are merely alter egos.
o As such, they are subject to the power of control of the President, at whose will and behest they can be
removed from office; or their actions and decisions changed, suspended or reversed.
 In contrast, the heads of political subdivisions are elected by the people. Their sovereign powers emanate from
the electorate, to whom they are directly accountable.
o By constitutional fiat, they are subject to the Presidents supervision only, not control, so long as their
acts are exercised within the sphere of their legitimate powers.
o By the same token, the President may not withhold or alter any authority or power given them by the
Constitution and the law.

The Nature of AO 372


 Under existing law, local government units, in addition to having administrative autonomy in the exercise of
their functions, enjoy fiscal autonomy as well.
o Fiscal autonomy means that local governments have the power to create their own sources of revenue
in addition to their equitable share in the national taxes released by the national government, as well as
the power to allocate their resources in accordance with their own priorities.
SOLLANO, JOSE GABRIEL for MORTELL, KRISHKA VICTORIA CASE #7
 Local fiscal autonomy does not however rule out any manner of national government intervention by way of
supervision, in order to ensure that local programs, fiscal and otherwise, are consistent with national goals.
 Significantly, the President, by constitutional fiat, is the head of the economic and planning agency of the
government, primarily responsible for formulating and implementing continuing, coordinated and integrated
social and economic policies, plans and programs for the entire country.
o However, under the Constitution, the formulation and the implementation of such policies and
programs are subject to "consultations with the appropriate public agencies, various private sectors, and
local government units." The President cannot do so unilaterally.
 There are several requisites before the President may interfere in local fiscal matters:
o (1) an unmanaged public sector deficit of the national government;
o (2) consultations with the presiding officers of the Senate and the House of Representatives and the
presidents of the various local leagues; and
o (3) the corresponding recommendation of the secretaries of the Department of Finance, Interior and
Local Government, and Budget and Management. Furthermore, any adjustment in the allotment shall in
no case be less than thirty percent (30%) of the collection of national internal revenue taxes of the third
fiscal year preceding the current one.
 CAB: Sec. 1 is upheld. Sec. 1 is merely an advisory to prevail upon local executives to recognize the need for
fiscal restraint in a period of economic difficulty. Indeed, all concerned would do well to heed the President's call
to unity, solidarity and teamwork to help alleviate the crisis. It is understood, however, that no legal sanction
may be imposed upon LGUs and their officials who do not follow such advice.

Withholding a Part of LGUs’ IRA


 Section 4 of AO 372 cannot, however, be upheld.
 A basic feature of local fiscal autonomy is the automatic release (5 days every after quarter of the year) of the
shares of LGUs in the national internal revenue and is mandated by no less than the Constitution.
 Such withholding clearly contravenes the Constitution and the law.
o Although temporary, it is equivalent to a holdback, which means "something held back or withheld,
often temporarily."
o Hence, the "temporary" nature of the retention by the national government does not matter.
o Any retention is prohibited.

Refutation of Dissent
 On Prematurity
o This is a rather novel theory -- that people should await the implementing evil to befall on them before
they can question acts that are illegal or unconstitutional.
o By the mere enactment of the questioned law or the approval of the challenged action, the dispute is
said to have ripened into a judicial controversy even without any other overt act.
 On the President’s power as chief fiscal officer of the country
o the acts alluded to in the Dissent are indeed authorized by law; but, quite the opposite, Section 4 of AO
372 is bereft of any legal or constitutional basis.
 On the President's authority to adjust the IRA of LGUs in case of an unmanageable public sector deficit
o The problem is that no such interaction or consultation was ever held prior to the issuance of AO 372.

DISSENTING OPINION OF J. Kapunan


 Section 4 of AO No. 372 does not present a case ripe for adjudication.
o Section 4, as worded, expresses the idea that the withholding is merely temporary which fact alone
would not merit an outright conclusion of its unconstitutionality, especially in light of the reasonable
presumption that administrative agencies act in conformity with the law and the Constitution.
o Where the conduct has not yet occurred and the challenged construction has not yet been adopted by
the agency charged with administering the administrative order, the determination of the scope and
constitutionality of the executive action in advance of its immediate adverse effect involves too remote
and abstract an inquiry for the proper exercise of judicial function.
SOLLANO, JOSE GABRIEL for MORTELL, KRISHKA VICTORIA CASE #7
o Petitioners have not shown that the alleged 5% IRA share of LGUs that was temporarily withheld has not
yet been released, or that the Department of Budget and Management (DBM) has refused and
continues to refuse its release. In view thereof, the Court should not decide as this case suggests an
abstract proposition on constitutional issues.
 The President is the chief fiscal officer of the country. He is ultimately responsible for the collection and
distribution of public money.
o As chief fiscal officer of the country, the President supervises fiscal development in the local government
units and ensures that laws are faithfully executed.
o For this reason, he can set aside tax ordinances if he finds them contrary to the Local Government Code.
o Ordinances cannot contravene statutes and public policy as declared by the national govemment.
o The goal of local economy is not to "end the relation of partnership and inter-dependence between the
central administration and local government units," but to make local governments "more responsive
and accountable" [to] "ensure their fullest development as self-reliant communities and make them
more effective partners in the pursuit of national development and social progress.
o Section 4 of AO No. 372 was issued in the exercise by the President not only of his power of general
supervision, but also in conformity with his role as chief fiscal officer of the country in the discharge of
which he is clothed by law with certain powers to ensure the observance of safeguards and auditing
requirements, as well as the legal prerequisites in the release and use of IRAs, taking into account the
constitutional16 and statutory mandates.
 The phrase "automatic release" of the LGUs' shares does not mean that the release of the funds is mechanical,
spontaneous, self-operating or reflex.
o It is impractical to immediately release the full amount of the IRAs and subsequently require the local
government units to return at most ten percent (10%) once the President has ascertained that there
exists an unmanageable public sector deficit.
 The power to determine whether there is an unmanageable public sector deficit is lodged in the President.
o The President's determination, as fiscal manager of the country, of the existence of economic difficulties
which could amount to "unmanageable public sector deficit" should be accorded respect.
o The power to determine whether there is an unmanageable public sector deficit is lodged in the
President.
o The President's determination, as fiscal manager of the country, of the existence of economic difficulties
which could amount to "unmanageable public sector deficit" should be accorded respect.

SOLLANO, JOSE GABRIEL for MORTELL, KRISHKA VICTORIA CASE #7