Dadole vs COA.docx

[G.R. No. 125350. December 3, 2002.]

HON. RTC JUDGES MERCEDES G. DADOLE (Executive Judge, Branch 28), ULRIC R. CAÑETE (Presiding Judge, Branch 25), AGUSTINE R. VESTIL (Presiding Judge, Branch 56), HON. MTC JUDGES TEMISTOCLES M. BOHOLST (Presiding Judge, Branch 1), VICENTE C. FANILAG (Judge Designate, Branch 2), and WILFREDO A. DAGATAN (Presiding Judge, Branch 3), all of Mandaue City, petitioners,  petitioners, vs. COMMISSION ON AUDIT , respondent . FACTS: Petitioners RTC Judges Dadole et al and MTC judges Temistocles et al stationed in Mandaue City received a monthly allowance of P1,260 each pursuant to the yearly appropriation ordinance. Eventually, in 1991, it was increased to P1,500 for each judge. However, the Department of Budget and Management (DBM) then issued Local Budget Circular No. 55 which provides that the additional monthly allowances to be given by a local government unit should not exceed P1,000 in provinces a nd cities and P700 in municipalities. Acting on the said DBM directive, the Mandaue City Auditor issued notices of disallowance to herein petitioners in excess of the amount authorized by LBC 55. Thus, petitioners filed with the Office of the City Auditor a protest. However, it was treated as a motion for reconsideration and was endorsed to the Commission on Audit Regional Of fice. In turn, the COA Regional Office referred the said motion to their Head Office with recommendation that the same should be denied. Accordingly, it was denied by the COA. Hence, petitioners filed the instant petition. They argued, among others, that LBC 55 is void for infringing on the local autonomy of Mandaue City by dictating a uniform amount that a local government unit can disburse as additional allowances to judges stationed therein. ISSUE: Whether or not LBC 55 is void for infringing the local autonomy of Mandaue City HELD: Yes. We recognize that, although our Constitution guarantees autonomy to local government units, the exercise of local autonomy remains subject to the power of control by Congress and the power of supervision by the President. Section 4 of Article X of the 1987 Philippine Constitution provides that: "Sec. 4. The President of the Philippines shall exercise general supervision over local governments. . . . " Under Section 458, of RA 7160, the law that supposedly serves as the legal basis of LBC 55, allows the grant of additional allowances to judges "when the finances of the city government allow." The said provision does not authorize setting a definite maximum limit to the additional allowances granted to judges. Thus, this Cou rt need not belabor the point that the finances of a city government may allow the grant of additional allowances higher than P1,000 if the revenues of the said city government exceed its annual expenditures. Setting a uniform amount for the grant of additional allowances is an inappropriate way of enforcing the criterion found in Section 458, par. (a)(l)(xi), of RA 7160. The DBM over-stepped its power of supervision over local government units by imposing a prohibition that did not correspond with the law it sought to implement. In other words, the prohibitory nature of the circular had no legal basis. The President can only interfere in the affairs and activities of a local government unit if he or she finds that the latter has acted contrary to law. This is the scope of the President's supervisory powers over local government units. Hence, the President or any of his or her alter egos cannot egos cannot interfere in local a ffairs as long as the con cerned local government unit acts within the parameters of the law a nd the Constitution. Any directive therefore by the President or any of his or her alter egos seeking egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a local government unit is a patent nullity because it violat es the principle of local autonomy and separation of powers of the executive and legislative departments in governing municipal corporations

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