Professional Documents
Culture Documents
Kulayan V Abdusakur Tan
Kulayan V Abdusakur Tan
126
ust law law re vi e w, vol lvi i , no. 1, november 2012
JAMAR KULAYAN, et al. v. GOV. ABDUSAKUR TAN,
in his capacity as Governor of Sulu, et al.
G.R. No. 187298, 03 July 2012, EN BANC (Sereno, J.)
The calling-out powers contemplated under the Constitution is exclusive to the
President.
An exercise by another offcial, even if he is the local chief executive, is ultra
vires, and may not
be justifed by the invocation of Section 465 of the Local Government Code.
Three members from the International Committee of the Red Cross
(ICRC) were kidnapped in the vicinity of the Provincial Capitol in Patikul, Sulu.
Andres Notter, Eugenio Vagni, and Marie Jean Lacaba, were purportedly inspecting
a water sanitation project for the Sulu Provincial Jail when they were
seized by
three armed men who were later confrmed to be members of the Abu Sayyaf
Group (ASG). A Local Crisis Committee, later renamed Sulu Crisis Management
HELD:
The Senate Committees’ power of inquiry relative to PSR No. 455 has
been passed upon and upheld in the consolidated cases of In the Matter
of the
Petition for Habeas Corpus of Camilo L. Sabio which cited Article VI, Section 21
of
the Constitution, as follows:
“The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation
in accordance with its duly published rules of procedure. The
rights of persons appearing in or affected by such inquiries shall
be respected.”
Given the foregoing, Governor Tan is not endowed with the power to call
upon the armed forces at his own bidding. In issuing the assailed proclamation,
Governor Tan exceeded his authority when he declared a state of emergency and
called upon the Armed Forces, the police, and his own Civilian Emergency Force.
The calling-out powers contemplated under the Constitution is exclusive to
the
President. An exercise by another offcial, even if he is the local chief
executive,
is ultra vires, and may not be justifed by the invocation of Section 465 of the
Local
Government Code.
ARNOLD VICENCIO v. HON. HEYNALOO A. VILLAR, et al.
G.R. No. 182069, 3 July 2012, EN BANC (Sereno, J.)
The mandate of the Commission on Audit is to observe the policy that government
funds and property should be fully protected and conserved; and that irregular,
unnecessary,
excessive or extravagant expenditures or uses of such funds and property should be
prevented.
The City Council or the Sangguniang Panglungsod ng Malabon (SPM),
presided by Hon. Benjamin Galauran, then acting Vice-Mayor, adopted and
approved City Ordinance No. 15-2003, entitled “An Ordinance Granting Authority
to the City Vice-Mayor, Hon. Jay Jay Yambao, to Negotiate and Enter into Contract
for Consultancy Services for Consultants in the Sanggunian Secretariat Tasked to
Function in their Respective Areas of Concern.”
Arnold Vicencio was elected City Vice-Mayor of Malabon. By virtue of
this offce, he also became the Presiding Offcer of the SPM and, at the same time,
the head of the Sanggunian Secretariat. Vicencio, representing the City Government
of Malabon City, entered into Contracts for Consultancy Services. After
the
signing of their respective contracts, the three consultants rendered consultancy
services to the SPM. Thereafter, the three consultants were
correspondingly
paid for their services pursuant to the contracts therefor. However, an
Audit
Observation Memorandum (AOM) was issued disallowing the amount for being