Davao City Water District vs. Civil Service Commission

January 26, 2019 | Author: attyyang | Category: Politics, Government
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Title: DAVAO CITY WATER DISTRICT vs. CIVIL SERVICE COMMISSION Citation: 201 SCRA 5! "#.R. No. 52!$%!&' Se(te)*e+ 1!' 11, -onente: MEDIALDEA FACTS: Petitioners are among the more than five hundred (500) water districts existing throughout the country formed



 ursuant to the rovisions of -D No. 1&! as amen amende ded d "y P#s$ P#s$ %&' %&' and and %* %*!! othe otherw rwis isee +now +nown n as the the -+ovin/ial Wate+ tilities A/t o 1$! , which was issued "y then President Ferdinand -$ .arcos "y virtue of his /egis/ative ower$ t authori1ed the different /oca/ /egis/ative "odies to form and create their resective water districts through a reso/ution they wi// ass su"2ect to the guide/ines! ru/es and regu/ations therein /aid down$ The decree decree further created created and formed the Lo/al Wate+ tilities A)inist+ation 3LWA4 ! a nationa/ agency attached to the 3ationa/ -conomic and #eve/oment Authority (3-#A)! and granted with regu/atory ower necessary to otimi1e u"/ic service from water uti/ities oerations$ The resondents! on the other hand! are the Civi/ Service Commission (CSC) and the Commission on Audit



(C4A)! "oth government agencies and reresented in this case "y the So/icitor enera/$ There exists exists a divergenc divergencee of oinions oinions "etween "etween C4A on one hand! and the (678A)! on the other other hand! with



resect to the authority of C4A to audit the different water districts$ C4A oined that the audit of the water districts is sim/y an act of discharging the visitoria/ ower vested in them



 "y /aw $ 4n the other hand! 678A maintained that on/y those water districts with su"sidies from the government fa//



within the C4A9s 2urisdiction and on/y to the extent of the amount of such su"sidies! ursuant to the rovision of the overnment Auditing Code of the Phi/s$ Petitioners9 main argument is that they are rivate cororations without without origina/ charter! hence they are outside the



 2urisdiction of resondents resondents CSC and C4A$

SS8-: 7hether or not the 6oca/ 7ater #istricts formed and created ursuant to the rovisions of Presidentia/ #ecree 3o$ *'! as amended! are governmentowned or contro//ed cororations with origina/ charter fa//ing under the Civi/ Service 6aw and;or covered "y the visitoria/ ower of the Commission on Audit

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