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Pubcorp Case Digests
Whether or not Presidential Decree No. 1869 is valid. Article 10, Section 5 of the 1987 Constitution:
Ruling: “Each local government unit shall have the power to create its own source of
revenue and to levy taxes, fees, and other charges subject to such guidelines
1. The City of Manila, being a mere Municipal corporation has no inherent and limitation as the congress may provide, consistent with the basic policy
right to impose taxes. Their charter or statute must plainly show an intent to on local autonomy. Such taxes, fees and charges shall accrue exclusively to
confer that power, otherwise the municipality cannot assume it. Its power to the local government.”
tax therefore must always yield to a legislative act which is superior having
been passed upon by the state itself which has the “inherent power to tax.” SC said this is a pointless argument. The power of the local government to
“impose taxes and fees” is always subject to “limitations” which Congress
may provide by law. Besides, the principle of local autonomy under the 1987
Constitution simply means “decentralization.” It does not make local
governments sovereign within the state.
Wherefore, the petition is DISMISSED.
We reiterate that we are not precluding the President, through the Secretary
of Interior from exercising a legal power, yet we are of the opinion that the
8. Ganzon v. Court of Appeals
Secretary of interior is exercising that power oppressively, and needless to
GRN 93252, Aug. 5, 1991 say, with a grave abuse of discretion.
As we observed earlier, imposing 600 days of suspension which is not a
FACTS:
remote possibility Mayor Ganzon is to all intents and purposes, to make him
A series of administrative complaints, ten in number, were filed before the
spend the rest of his term in inactivity. It is also to make, to all intents and
Department of Local Government against petitioner Mayor Rodolfo T.
purposes, his suspension permanent.
Ganzon by various city officials sometime in 1988 on various charges,
among them, abuse of authority, oppression, grave misconduct, etc. Finding
probable grounds, the respondent Secretary of the Department of Local Yes. It is the considered opinion of the Court that notwithstanding the change
Government Luis T. Santos issued successive suspensions. The petitioner in the Constitutional language, the charter did not intend to divest the
then instituted an action for prohibition against the secretary in the RTC of legislature of its right-or the President of her prerogative as conferred by
Iloilo City where he succeeded in obtaining a writ of preliminary injunction. existing legislation to provide administrative sanction against local officials.
He also instituted actions for prohibition before the Court of Appeals but The Constitution did not…intend
were both dismissed. Thus, this petition for review with the argument that the
respondent Secretary is devoid, in any event, of any authority to suspend and 9. MONDANO VS SILVOSA
remove local officials as the 1987 Constitution no longer allows the President G.R. No. L-7708 May 30 1955
to exercise said power.
FACTS:
ISSUE:
The Assistant Executive Secretory indorsed the complaint for rape and
Whether or not the President, acting thru the Secretary of Local Government, concubinage against Mondano, duly elected and qualified mayor of Mainit,
has the power to suspend, remove, or both, local officials.
Surigao,to Silvosa, provincial governor of Suriga, for immediate
investigation, appropriate action and report. Silvosa issued an Administrative
HELD:
Order suspending Mondano from office. Mondano filed a petition for
The Constitution did nothing more, and insofar as existing legislation prohibition enjoining the governor from further proceeding.
authorizes the President (through the Secretary of Local Government) to
ISSUE:
proceed against local officials administratively, the Constitution contains
no prohibition. The Chief Executive is not banned from exercising acts Whether or not the order of suspension by the provincial governor is illegal.
of disciplinary authority because she did not exercise control powers, but
RULING:
because no law allowed her to exercise disciplinary authority.
Yes. The Department head as agent of the President has direct control and
In those case that this Court denied the President the power (to supervision over all bureaus and offices under his jurisdiction as provided for
suspend/remove) it was not because that the President cannot exercise it on in Sec. 79(c) of the Revised Administrative Code, but he does not have the
account of his limited power, but because the law lodged the power same control of local governments as that exercised by him over bureaus and
elsewhere. But in those cases in which the law gave him the power, the offices under his jurisdiction and does not extend to local governments over
Court, as in Ganzon v. Kayanan, found little difficulty in sustaining him. which the President exercises only general supervision as may be provided
by law. If the provisions of section 79 (c) of the RAC are to be construed as
conferring upon the corresponding department head direct control, direction,
and supervision over all local governments and that for that reason he may Supervision - overseeing or the power or authority of an officer to see that
order the investigation of an official of a local government for malfeasance in subordinate officers perform their duties.
office, such interpretation would be contrary to the provisions of par 1, sec
Control - power of an officer to alter or modify or nullify or set aside what a
10, Article 7, of the 1935 Constitution. If “general supervision over all local
subordinate officer had done in the performance of his duties and to
governments” is to be construed as the same power granted to the
substitute the judgment of the former for that of the latter. Such is the import
Department Head in sec 79 (c) of the RAC, then there would no longer be a
of the provisions of section 79 (c) of RAC.
distinction or difference between the power of control and that of
supervision.