Mangune v.

Ermita
G.R. 182604 – September 27, 2016
J. Jardeleza

Topic: Political and Corporate Nature of Local Government – Basic Services and Facilities
Doctrine: The petitioners’ restrictive interpretation of Section 17 (e) is inconsistent with the Constitution and the LGC, it
limits the devolution intended by both laws to an unduly short period of time

Petitioner: Dr. Rolando Mangune, Dr. Rene Arce and Emma Tañafranca, et al.
Respondents: Honorable Secretary Eduardo Ermita, in his Official Capacity as Executive Secretary, Honorable Secretary
Duque III, in his Official Capacity as Secretary of DOH, The City Government of Taguig and the Municipal Government of
Pateros

Case Summary:

Issue: W/N EO 567 is unconstitutional for being violative of the Constitution and the Local Government Code – NO!

EO 567 was issued by President Arroyo, devolving administration and supervision of TPDH from the DOH to the City of
Taguig. The Petitioners claim that this is unconstitutional, and against the provisions of the LGC, particularly Section 17.
The Court found this untenable, for it is actually the mandate of the Constitution to decentralize the national government,
and to provide local autonomy for the local governments.

Facts:
 July 25, 1994: RA 7824 was enacted establishing the Taguig-Pateros District Hospital (TPDH) under the
administration and supervision of the DOG
 September 8, 2006: President Arroyo issued EO 567 devolving administration and supervision of TPDH from the
DOH to the City of Taguig – That this was issued pursuant to the LGC and the President’s continuing authority to
reorganize the offices under the executive department
o City of Taguig through Mayor Tinga issued EO 053 formalized the plans of the take-over of operations
o Petitioners, who were employees of TPDH submitted a position paper to Secretary Duque expressing
objections – DOH did not act on the Position Paper (no surpise here. char)
 January 3, 2007: Mayor Tinga issued EO 001 creating the TPDH management team which will implement the MOA
and directing the creation of an audit team which will conduct an inventory of all the supplies, materials, equipment
and other documents to be turned over to the City of Taguig
 January 26, 2007: Petitioners filed a Petition for Prohibition and Certiorari with prayer of the issuance of a TRO and
that EO 567 be declared unconstitutional, illegal and null and void for having been issued in violation of the
principle of separation of powers and with GADALEJ
 RTC ruled against Petitioners and found the Order constitutional

Issues + Held:
1. W/N EO 567 is constitutional – YES
 Petitioners claim that the law contradicts the constitutional principle of separation of powers as: (1) it amends the
LGC, particularly Section 17, which limits devolution of basic services and facilities to LGUs to only 6 months after
the effectivity of the law; and (2) it is violative of the DOH-issued IRR of the LGC which provides that district
health offices in the NCR, including district hospitals, are exempt from devolution
 Supreme Court:
o Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to
laws or the Constitution. To be valid, an administrative issuance such as an executive order, must comply
with the following:
 (1) Promulgation must be authorized by the legislature;
 (2) Must be promulgated in accordance with the prescribed procedure;
 (3) Must be within the scope of authority given by the legislature; and
 (4) It must be reasonable
o EO 567 satisfies all above requisites

(1) Promulgation must be authorized by the legislature

  EO 567 was issued pursuant to Section 171 of the LGC expressly devolving to the LGUs the delivery of basic
services and facilities, including health services
 It is the policy of the LGC to provide for a more responsive and accountable LG structure through a system of
decentralization. Thus, the EO merely implements and puts it into operation the policy and directive set forth in the
LGC.
 The EO is also within the Constitutional power of the President to issue  the President is given the power to direct
the reorganization of government entities under the Executive department through an executive or administrative
order
o The Constitution declares it a policy of the State to ensure the autonomy of local governments while
Section 17 of the LGC secures to the LG the genuine and meaningful autonomy that would develop them
into self-reliant communities and effective partners in the attainment of national goals
o Therefore, in issuing the EO, the President was carrying out the provisions of the Constitution and the
LGC. She was performing her duty to ensure the faithful execution of the laws
(2) Must be promulgated in accordance with the prescribed procedure
 In the absence of strong evidence to the contrary, the acts of other branches of the government are presumed to be
valid.
(3) Must be within the scope of the authority given by the legislature
 This requisite provides that an administrative issuance must not be ultra vires
o In assailing the EO, petitioners argue that it violates Section 17 (e) of the LGC2
 For the petitioners, the provision limits the devolution of services to a period of only 6 months
from the effectivity of the LGC
o To ascertain whether the 6-month period bars devolution after its expiration, we bear in mind that we must
interpret not by the letter that killeth, but by the spirit that giveth life
 Section 2 of the LGC (Declaration of Policy)  it is stated that a local government structure shall be instituted
through a system of decentralization whereby LGUs shall be given more powers, authority, responsibilities, and
resources.
o This echoes Section 3, Article X of the Constitution which asks that a local government structure be
instituted through a system of decentralization
 Decentralization is the devolution of national administration, not power, to local governments
 Devolution is a form of decentralization, which involves the transfers of powers,
responsibilities, and resources for the performance of certain functions from the central
government to the LGUs  devolution is indispensable to decentralization
 Based on the foregoing, there is no question that the law favors devolution; in fact, Section 5 (a) of the LGC
explicitly states that in case of doubt, any question or any provision on a power of a local government shall be
resolved in favor of devolution of powers and the of the LGU
o The petitioners’ restrictive interpretation of Section 17 (e) is inconsistent with the Constitution and the
LGC  it limits the devolution intended by both laws to an unduly short period of time
o The more reasonable understanding of the 6-month period is that the framers of the law provided for the
period to prompt the national government to speedily devolve the existing services to the LGUs
 However, it was not intended as a prescriptive period, as to absolutely prohibit the national
government from devolving services beyond the period  most especially in the case of TPDH
because it was created long after the lapse of the 6-month period, making its devolution within
such period impossible
 In addition, there is nothing in Section 17 (e) or anywhere else in the LGC which provides for
what could happen after the 6-month period. Therefore, it cannot be said that the law clearly and
unequivocally prohibits devolution after the period
 Petitioners also claim that EO 567 violates the IRR promulgated by the DOH pursuant to Article 25 of the IRR of
the LGC as it excludes district health offices and hospitals in the NCR, including TPDH, from devolution
o The DOH is subject to the power of control of the President. Therefore, EO 567 issued by the President
shall prevail over any issuance made by the DOH and not the other way around.
(4) Must be reasonable

1
(a) LGUs shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon
them. They shall also discharge the functions and responsibilities of the national agencies and offices devolved to them pursuant to this Code.
LGUs shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental
to efficient and effective provisions of the basic services and facilities enumerated herein.
2
(e) National agencies or offices concerned shall devolve to LGUs the responsibility for the provision of basic services and facilities enumerated
in this Section within 6 months after the effectivity of this code.
  To be valid, such rules and regulations must be reasonable and fairly adapted to secure the end in view
o If shown to bear no reasonable relation to the purposes for which they were authorized to be issued, then
they must be held to be invalid
o Specific to reorganization, it is regarded as valid provided pursued in good faith
 GR: A reorganization is carried out in good faith if it is for the purpose of economy or to make
bureaucracy more efficient
 EO 567 meets this test of reasonableness. The transfer of the administration and supervision of the
TPDH from the DOH to the City of Taguig aims to provide the City of Taguig the genuine and
meaningful autonomy which would make it an effective and efficient partner of the national
government

Ruling: WHEREFORE, premises considered, the petition is DENIED.