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RADIOWEALTH, INC. v.

AGREGADO

Section 3 | Fiscal Autonomy

FACTS:

• Clerk of the SC certified the purchase and installation of a Webster

Tetetalk, Model 206 MA, and Webster Telephone speakers, totaling

P585

• Dacanay, Chairman of the Property Requisition Committee disapproved

the purchase and installation, for being contrary to the following

o EO 302, series of 1940, paragraph 4 (**which I cannot find,

sorry)

o Policy of discontinuing open market purchases adopted by the

Cabinet in the preceding year

o Violated the requirements of EO 298, series of 1940

• Petitioner Radiowealth Inc requested with the Auditor General that the

payment be approved; that the treasury warrant was in the process of

issuance; that the auditor for the SC refused to countersign it

ISSUE:

WON the court’s independence is limited to the exercise of judicial functions,

and does not include the purchase of property

HELD:

NO. The Constitution secures against interference not only in the power to

adjudicate, but in all things reasonably necessary for the administration of

justice.

RATIO:

Maxim of distribution of powers: The SC is independent of executive or


legislative control.

Tarlac v. Gale

• POWER: The judiciary has power to preserve their integrity, maintain

their dignity, and to insure effectiveness in the administration of

justice.

• PROVINCIAL OFFICERS: May not deprive the court of anything which is

vital to their function nor exercise discretion to escape an obligation to

the court which the law lays upon them (Power to interfere is the power

to control. Power to control is the power to abrogate).

• DUTY OF PROV OFFICERS:

o Furnish court room, furniture, fixtures, supplies, equipment which

must be of such character as to permit the court to exercise its

functions in a reasonably effective manner (Act No 83, Sec 10);

o Provide construction or purchase or renting offices (Act No 83,

Sec 13)

o IN CASE OF CONFLICT: Yield to the court

• FINAL AUTHORITY OF THE COURT: Certain discretion lies with the

officials but is subject to the paramount and final authority of the court

in determining what is necessary for the proper administration of

justice

o The court has power to purchase things (purchase, legal charge

on the province)

1. directly or

2. by proper proceedings to compel officials to perform their

duty imposed by law


With regard to acquisition of fixtures: Subject to its dependence upon

Congress for appropriation, but supreme and independent of the executive.

o The court could not maintain its independence and dignity as the

Constitution intends if the executive personally or through a

subordinate could determine for the court what it should have or use in

the discharge of its functions.

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