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Dadole vs CoA

Posted by kaye lee on 10:51 PM


G.R. No. 125350 December 3 2002

FACTS:
Acting on the DBM's Local Budget Circular No. 55, the Mandaue City Auditor issued notices of
disallowances to RTC and MTC Judges, in excess of the amount (maximum of P1000 and P700
in provinces and cities and municipalities, respectively) authorized by said circular. The
additional monthly allowances of the judges shall be reduced to P1000 each. They were also
asked to reimbursed the amount they received in excess of P1000 from the last six months.

ISSUE:
Whether or not Local Budget Circular No. 55 void for going beyond the supervisory powers of
the President.

RULING:
Yes. Although the 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. Sec 4 Art X of 1987 Constitution: "The President of the
Philippines shall exercise general supervision over local governments. x x x" The said provision
has been interpreted to exclude the power of control.

The members of the Cabinet and other executive officials are merely alter egos of the President.
As such, they are subject to the power of control of the President; he will see to it that the local
governments or their officials were performing their duties as provided by the Constitution and
by statutes, at whose will and behest they can be removed from office; or their actions and
decisions changed, suspended or reversed. They are subject to the President's supervision only,
not control, so long as their acts are exercised within the sphere of their legitimate powers. The
President can only interfere in the affairs and activities of a LGU if he or she finds that the latter
has acted contrary to law. This is the scope of the President's supervisory powers over LGUs
Categories: Constitutional Law 1, G.R. No. 125350