ACAAC V.
AZCUNA
NAVARRO VS. EXECUTIVE SECRETARY
FACTS:
On October 2, 2006, the President approved
into law Republic Act (R.A.) No. 9355 (An Act
Creating the Province of Dinagat Islands). The
Commission on Elections (COMELEC) conducted
the mandatory plebiscite for the ratification of
the creation of the province under the Local
Government Code (LGC). With the approval of
the people from both the mother province of
Surigao del Norte and the Province of Dinagat
Islands, the President appointed an interim set
of provincial officials. Later, during the 2007
synchronized elections, the Dinagatnons elected
their new set of provincial officials who
assumed office on July 1, 2007.
Petitioner assailed the constitutionality of RA
No. 9355 contending that when the law was
passed, Dinagat had a land area of 802.12
square kilometers only and a population of only
106,951, failing to comply with Section 10,
Article X of the Constitution and of Section 461
of the LGC.
PIMENTEL VS. AGUIRRE
FACTS:
Petitioner challenges the constitutionality of A.O. No.
372, alleging that in issuing the said order was in effect
of exercising the power of control over LGU. The
Constitution vests in the President, however, only the
power of general supervision over LGUs, consistent
with the principle of local autonomy.  Sangguniang Bayan cannot order the removal of
Held:
Under our present system of government, executive
power is vested in the President. The members of the
Cabinet and other executive officials are merely alter
egos. As such, they are subject to the power of control
of the President, at whose will and behest they can be
removed from office; or their actions and decisions
changed, suspended or reversed.
In contrast, the heads of political subdivisions are
elected by the people. Their sovereign powers
emanate from the electorate, to whom they are
directly accountable. By constitutional fiat, 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. By the same token, the
President may not withhold or alter any authority or
power given them by the Constitution and the law.
SANGGUNIANG BRGY. OF DON MARIANO
MARCOS VS. PB MARTINEZ
FACTS:
Petitioner Sangguniang Barangay is the
legislative body of Barangay Don Mariano
Marcos, Bayombong, Nueva Vizcaya, a local
government unit created, organized and existing
as such under pertinent laws of the Republic of
the Philippines. Respondent Martinez is the
incumbent Punong Barangay of the said local
government unit.
Martinez was administratively charged with
Dishonesty and Graft and Corruption by
petitioner through the filing of a verified
complaint before the Sangguniang Bayan as the
disciplining authority over elective barangay
officials pursuant to Section 61[4] of Rep. Act No.
7160, otherwise known as the Local Government
Code.
Sangguniang Bayan rendered its Decision which
imposed upon Martinez the penalty of removal
from office.
TC – SB’s decision is void.
Issue: W/N the Sangguniang Bayan may remove
Martinez, an elective local official, from office.
Held:
No. As the law stands, Section 61 of the Local
Government Code provides for the procedure for
the filing of an administrative case against an
erring elective barangay official before the
Sangguniang Panlungsod or Sangguniang Bayan.
However, the Sangguniang Panlungsod or
an erring elective barangay official from office, as
the courts are exclusively vested with this power
under Section 60 of the Local Government Code.
FACTS:
People’s Eco-Tourism and Livelihood Foundation,
Inc. (PETAL) is a non-governmental organization,
founded by petitioner Ramonito Acaac, which is
engaged in the protection and conservation of
ecology, tourism, and livelihood projects within
Misamis Occidental. In line with its objectives, PETAL
built some cottages made of indigenous materials on
Capayas Island
In May 2002, Mayor Azcuna issued Notices of Illegal
Construction against PETAL for its failure to apply for
a building permit prior to the construction of its
buildings in violation of PD No. 1096 but the notices
went unheeded.
In July, 2002, the Sangguniang Bayan of Lopez Jaena
adopted Municipal Ordinance No. 02, Series of
2002 which classified Capayas Island as timberland
and property belonging to the public domain and
prohibited, among others, the construction of any
structures, permanent or temporary, on the
premises, except if authorized by the local
government. Azcuna approved the subject
ordinance. It was then submitted to the Sangguniang
Panlalawigan of Misamis Occidental which
conducted a joint hearing on the matter.
Acaac filed an injunction before RTC assailing the
validity of the ordinance on the ground that it was
not approved by Sangguniang Panlalawigan.
RTC – ordinance is void
CA – ordinance is valid and deemed approved upon
failure of the Sangguniang Panlalawigan to declare
the same invalid within 30days after its submission.
Held:
Section 56 of the Local Government Code provides
that:
(c) If the Sangguniang Panlalawigan finds that such
an ordinance or resolution is beyond the power
conferred upon the Sangguniang Panlungsod or
Sangguniang Bayan concerned, it shall declare such
ordinance or resolution invalid in whole or in part.
The Sangguniang Panlalawigan shall enter its action
in the minutes and shall advise the corresponding
city or municipal authorities of the action it has
taken.
(d) If no action has been taken by the Sangguniang
Panlalawigan within thirty (30) days after submission
of such an ordinance or resolution, the same shall be
presumed consistent with law and therefore valid.