8/9/2019 Viola vs Alunan III, 277 SCRA 409 Case Digest (Administrative Law)

Administrative Law Case Di gests

Arellano University School of Law
aiza ebina/201

!"#LA vs ALU$A$ """

2%% SC&A '0(
Status and Characteristics
Creation, Reorganization, and Abolition of Administrative Agencies

)AC*S+ This is a petition for prohibition challenging the validity of Art. III, 1-2 of the Revised Implementing
Rules and Guidelines for the General lections of the !iga ng mga "arangay #$cers so far as they provide
for the election of %rst, second and third vice presidents and for auditors for the &ational !iga ng mga
"arangay and its chapters. 'etitioner (esar G. )iola brought this action as barangay chairman of "gy. 1*+,
one 1, istrict II, /anila against then 0ecretary of Interior and !ocal Government Rafael /. Alunan III,
Ale !. avid, presidentsecretary general of the &ational !iga ng mga "arangay, and !eonardo !. Angat,
president of the (ity of /anila !iga ng mga "arangay, to restrain them from carrying out the elections for
the 3uestioned positions on 4uly 5, 1667.

'etitioners contention is that the positions in 3uestion are in ecess of those provided in the !ocal
Government (ode 8R.A. &o. +1*9:, 765 of ;hich mentions as elective positions only those of president,
vice president, and %ve members of the board of directors in each chapter at the municipal, city,
provincial, metropolitan political subdivision, and national levels. 'etitioner argues that, in providing for the
positions of %rst, second and third vice presidents and auditor for each chapter, 1-2 of the Implementing
Rules epand the number of positions authori<ed in 765 of the !ocal Government (ode in violation of the
principle that to
implementing
are designed implement. rules and regulations cannot add or detract from the provisions of the la; they

"SSU,+ =hether or not the additional positions in 3uestion have been created ;ithout authority of la;

&UL"$-+ &o. 'etitioners contention that the additional positions in 3uestion have been created ;ithout
authority of la; is untenable. To begin ;ith, the creation of these positions ;as actually made in the
(onstitution and "y-la;s of the !iga ng /ga "arangay, ;hich ;as adopted by the >irst "arangay &ational
Assembly on 4anuary 11, 1667.

 The post of eecutive vice president is in reality that of the vice president in 765 of the !G(, so that the
only additional positions created for each chapter in the (onstitution and "y-la;s are those of %rst, second
and third vice presidents and auditor. (ontrary to petitioners contention, the creation of the additional
positions is authori<ed by the !G( ;hich provides as follo;s?

765. #rgani<ation. The liga at the municipal, city, provincial, metropolitan political subdivision, and
national levels directly elect a president, a vice-president, and %ve 8: members of the board of directors.
 The board shall appoint its secretary and treasurer and create such other positions as it may deem
necessary for the management of the chapter. A secretary-general shall be elected from among the
members of the national liga and shall be charged ;ith the overall operation of the liga on the national
level. The board shall coordinate the activities of the chapters of the liga.

 This provision in fact re3uires and not merely authori<es the board of directors to create such other
positions as it may deem necessary for the management of the chapter and belies petitioners claim that
said provision 8765: limits the o$cers of a chapter to the president, vice president, %ve members of the
board of directors, secretary, and treasurer. That (ongress can delegate the po;er to create positions such
as these has been settled by our decisions upholding the validity of reorgani<ation statutes authori<ing the
'resident of the 'hilippines to create, abolish or merge o$ces in the eecutive department. The 3uestion is
;hether, in ma@ing a delegation of this po;er to the board of directors of each chapter of the !iga ng /ga
"arangay, (ongress provided a su$cient standard so that, in the phrase of 4ustice (ardo<o, administrative
discretion may be canali<ed ;ithin proper ban@s that @eep it from overo;ing.

=e hold that 765 of the !ocal Government (ode, in directing the board of directors of the liga to create
such other positions as may be deemed necessary for the management of the chapters, embodies a fairly
intelligible standard. There is no undue delegation of po;er by (ongress.

&A*"#+ Congress can delegate the power to create positions such as these has been settled by decisions
upholding the validity of reorganization statutes authorizing the President of the Philippines to create,
abolish or merge oces in the executive department.

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