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What Is The Characteristic of A Local Government Unit in A Unitary System of Government Like The Philippines (Limbona v. Mangelin
What Is The Characteristic of A Local Government Unit in A Unitary System of Government Like The Philippines (Limbona v. Mangelin
50 G.R. No. 80391 February 28, 1989 consultations and dialogues with local
government officials, civic, religious
SULTAN ALIMBUSAR P. LIMBONA, petitioner, organizations and traditional leaders on the recent
vs. and present political developments and other
CONTE MANGELIN, SALIC ALI, SALINDATO ALI, PILIMPINAS issues affecting Regions IX and XII.
CONDING, ACMAD TOMAWIS, GERRY TOMAWIS, JESUS ORTIZ,
ANTONIO DELA FUENTE, DIEGO PALOMARES, JR., RAUL The result of the conference, consultations and
DAGALANGIT, and BIMBO SINSUAT, respondents. dialogues would hopefully chart the autonomous
governments of the two regions as envisioned and
Ambrosio Padilla, Mempin & Reyes Law Offices for petitioner petitioner. may prod the President to constitute immediately
the Regional Consultative Commission as
mandated by the Commission.
Makabangkit B. Lanto for respondents.
You are requested to invite some members of the
SARMIENTO, J.:
Pampook Assembly of your respective assembly
on November 1 to 15, 1987, with venue at the
The acts of the Sangguniang Pampook of Region XII are assailed in this petition. Congress of the Philippines. Your presence,
The antecedent facts are as follows: unstinted support and cooperation is (sic)
indispensable.
1. On September 24, 1986, petitioner Sultan Alimbusar Limbona
was appointed as a member of the Sangguniang Pampook, 5. Consistent with the said invitation, petitioner sent a telegram to
Regional Autonomous Government, Region XII, representing Acting Secretary Johnny Alimbuyao of the Assembly to wire all
Lanao del Sur. Assemblymen that there shall be no session in November as "our
presence in the house committee hearing of Congress take (sic)
2. On March 12, 1987 petitioner was elected Speaker of the precedence over any pending business in batasang pampook ... ."
Regional Legislative Assembly or Batasang Pampook of Central
Mindanao (Assembly for brevity). 6. In compliance with the aforesaid instruction of the petitioner,
Acting Secretary Alimbuyao sent to the members of the Assembly
3. Said Assembly is composed of eighteen (18) members. Two of the following telegram:
said members, respondents Acmad Tomawis and Pakil Dagalangit,
filed on March 23, 1987 with the Commission on Elections their TRANSMITTING FOR YOUR INFORMATION
respective certificates of candidacy in the May 11, 1987 AND GUIDANCE TELEGRAM RECEIVED
congressional elections for the district of Lanao del Sur but they FROM SPEAKER LIMBONA QUOTE
later withdrew from the aforesaid election and thereafter resumed CONGRESSMAN JIMMY MATALAM
again their positions as members of the Assembly. CHAIRMAN OF THE HOUSE COMMITTEE
ON MUSLIM AFFAIRS REQUESTED ME TO
4. On October 21, 1987 Congressman Datu Guimid Matalam, ASSIST SAID COMMITTEE IN THE
Chairman of the Committee on Muslim Affairs of the House of DISCUSSION OF THE PROPOSED
Representatives, invited Mr. Xavier Razul, Pampook Speaker of AUTONOMY ORGANIC NOV. 1ST TO 15.
Region XI, Zamboanga City and the petitioner in his capacity as HENCE WERE ALL ASSEMBLYMEN THAT
Speaker of the Assembly, Region XII, in a letter which reads: THERE SHALL BE NO SESSION IN
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NOVEMBER AS OUR PRESENCE IN THE 3. Ali Salindatu
HOUSE COMMITTEE HEARING OF
CONGRESS TAKE PRECEDENCE OVER 4. Aratuc, Malik
ANY PENDING BUSINESS IN BATASANG
PAMPOOK OF MATALAM FOLLOWS 5. Cajelo, Rene
UNQUOTE REGARDS.
6. Conding, Pilipinas (sic)
7. On November 2, 1987, the Assembly held session in defiance of
petitioner's advice, with the following assemblymen present:
7. Dagalangit, Rakil
1. Sali, Salic
8. Dela Fuente, Antonio
2. Conding, Pilipinas (sic)
9. Ortiz, Jesus
3. Dagalangit, Rakil
10 Palomares, Diego
4. Dela Fuente, Antonio
11. Quijano, Jesus
5. Mangelen, Conte
12. Sinsuat, Bimbo
6. Ortiz, Jesus
13. Tomawis, Acmad
7. Palomares, Diego
14. Tomawis, Jerry
8. Sinsuat, Bimbo
An excerpt from the debates and proceeding of said session reads:
9. Tomawis, Acmad
HON. DAGALANGIT: Mr. Speaker, Honorable Members of the
House, with the presence of our colleagues who have come to
10. Tomawis, Jerry attend the session today, I move to call the names of the new
comers in order for them to cast their votes on the previous motion
After declaring the presence of a quorum, the Speaker Pro- to declare the position of the Speaker vacant. But before doing so, I
Tempore was authorized to preside in the session. On Motion to move also that the designation of the Speaker Pro Tempore as the
declare the seat of the Speaker vacant, all Assemblymen in Presiding Officer and Mr. Johnny Evangelists as Acting Secretary
attendance voted in the affirmative, hence, the chair declared said in the session last November 2, 1987 be reconfirmed in today's
seat of the Speaker vacant. 8. On November 5, 1987, the session of session.
the Assembly resumed with the following Assemblymen present:
HON. SALIC ALI: I second the motions.
1. Mangelen Conte-Presiding Officer
PRESIDING OFFICER: Any comment or objections on the two
2. Ali Salic motions presented? Me chair hears none and the said motions are
approved. ...
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Twelve (12) members voted in favor of the motion to declare the within the confines of the Assembly," for which the respondents now submit that
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seat of the Speaker vacant; one abstained and none voted against. 1
the petition had become "moot and academic". 8
Accordingly, the petitioner prays for judgment as follows: The first question, evidently, is whether or not the expulsion of the petitioner
(pending litigation) has made the case moot and academic.
WHEREFORE, petitioner respectfully prays that-
We do not agree that the case has been rendered moot and academic by reason
(a) This Petition be given due course; simply of the expulsion resolution so issued. For, if the petitioner's expulsion was
done purposely to make this petition moot and academic, and to preempt the Court,
(b) Pending hearing, a restraining order or writ of preliminary it will not make it academic.
injunction be issued enjoining respondents from proceeding with
their session to be held on November 5, 1987, and on any day On the ground of the immutable principle of due process alone, we hold that the
thereafter; expulsion in question is of no force and effect. In the first place, there is no showing
that the Sanggunian had conducted an investigation, and whether or not the
(c) After hearing, judgment be rendered declaring the proceedings petitioner had been heard in his defense, assuming that there was an investigation,
held by respondents of their session on November 2, 1987 as null or otherwise given the opportunity to do so. On the other hand, what appears in the
and void; records is an admission by the Assembly (at least, the respondents) that "since
November, 1987 up to this writing, the petitioner has not set foot at the
Sangguniang Pampook." "To be sure, the private respondents aver that "[t]he
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matter how conciliatory it may be cannot be a substitute for the notice and hearing
(e) Making the injunction permanent. contemplated by law.
Petitioner likewise prays for such other relief as may be just and While we have held that due process, as the term is known in administrative law,
equitable.
2
does not absolutely require notice and that a party need only be given the
opportunity to be heard, it does not appear herein that the petitioner had, to begin
12
Pending further proceedings, this Court, on January 19, 1988, received a resolution with, been made aware that he had in fact stood charged of graft and corruption
filed by the Sangguniang Pampook, "EXPECTING ALIMBUSAR P. LIMBONA before his collegues. It cannot be said therefore that he was accorded any
FROM MEMBERSHIP OF THE SANGGUNIANG PAMPOOK AUTONOMOUS opportunity to rebut their accusations. As it stands, then, the charges now levelled
REGION XII," on the grounds, among other things, that the petitioner "had caused
3
amount to mere accusations that cannot warrant expulsion.
to be prepared and signed by him paying [sic] the salaries and emoluments of Odin
Abdula, who was considered resigned after filing his Certificate of Candidacy for In the second place, (the resolution) appears strongly to be a bare act of vendetta by
Congressmen for the First District of Maguindanao in the last May 11, elections. . . the other Assemblymen against the petitioner arising from what the former perceive
and nothing in the record of the Assembly will show that any request for to be abduracy on the part of the latter. Indeed, it (the resolution) speaks of "a case
reinstatement by Abdula was ever made . . ." and that "such action of Mr. Lim
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[having been filed] [by the petitioner] before the Supreme Court . . . on question
bona in paying Abdula his salaries and emoluments without authority from the which should have been resolved within the confines of the Assemblyman act which
Assembly . . . constituted a usurpation of the power of the Assembly," that the
5
some members claimed unnecessarily and unduly assails their integrity and
petitioner "had recently caused withdrawal of so much amount of cash from the character as representative of the people" an act that cannot possibly justify
13
Assembly resulting to the non-payment of the salaries and emoluments of some expulsion. Access to judicial remedies is guaranteed by the Constitution, and,
14
Assembly [sic]," and that he had "filed a case before the Supreme Court against
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some members of the Assembly on question which should have been resolved
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unless the recourse amounts to malicious prosecution, no one may be punished for (6) Air and sea transport
seeking redress in the courts.
(7) Postal matters and telecommunications;
We therefore order reinstatement, with the caution that should the past acts of the
petitioner indeed warrant his removal, the Assembly is enjoined, should it still be so (8) Customs and quarantine;
minded, to commence proper proceedings therefor in line with the most elementary
requirements of due process. And while it is within the discretion of the members of (9) Immigration and deportation;
the Sanggunian to punish their erring colleagues, their acts are nonetheless subject
to the moderating band of this Court in the event that such discretion is exercised
(10) Citizenship and naturalization;
with grave abuse.
(11) National economic, social and educational planning; and
It is, to be sure, said that precisely because the Sangguniang Pampook(s) are
"autonomous," the courts may not rightfully intervene in their affairs, much less
strike down their acts. We come, therefore, to the second issue: Are the so-called (12) General auditing. 21
The autonomous governments of Mindanao were organized in Regions IX and XII Now, autonomy is either decentralization of administration or decentralization of
by Presidential Decree No. 1618 promulgated on July 25, 1979. Among other
15 power. There is decentralization of administration when the central government
things, the Decree established "internal autonomy" in the two regions "[w]ithin the
16 delegates administrative powers to political subdivisions in order to broaden the
framework of the national sovereignty and territorial integrity of the Republic of the base of government power and in the process to make local governments "more
Philippines and its Constitution," with legislative and executive machinery to
17 responsive and accountable," "and ensure their fullest development as self-reliant
23
It requires the autonomous regional governments to "undertake all internal government of the burden of managing local affairs and enables it to concentrate on
administrative matters for the respective regions," except to "act on matters which
19 national concerns. The President exercises "general supervision" over them, but
25
are within the jurisdiction and competence of the National Government," "which
20 only to "ensure that local affairs are administered according to law." He has no
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include, but are not limited to, the following: control over their acts in the sense that he can substitute their judgments with his
own. 27
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herein is a local government unit constituted prior to the ratification of the present the second place, the Sangguniang Pampook, their legislative arm, is made to
Constitution. Hence, the Court will not resolve that controversy now, in this case, discharge chiefly administrative services, thus:
since no controversy in fact exists. We will resolve it at the proper time and in the
proper case. SEC. 7. Powers of the Sangguniang Pampook. The Sangguniang
Pampook shall exercise local legislative powers over regional
Under the 1987 Constitution, local government units enjoy autonomy in these two affairs within the framework of national development plans,
senses, thus: policies and goals, in the following areas:
Section 1. The territorial and political subdivisions of the Republic (1) Organization of regional administrative system;
of the Philippines are the provinces, cities, municipalities, and
barangays. Here shall be autonomous regions in Muslim Mindanao (2) Economic, social and cultural development of the Autonomous
,and the Cordilleras as hereinafter provided. 29
Region;
Sec. 2. The territorial and political subdivisions shall enjoy local (3) Agricultural, commercial and industrial programs for the
autonomy. 30
Autonomous Region;
xxx xxx xxx (4) Infrastructure development for the Autonomous Region;
See. 15. Mere shall be created autonomous regions in Muslim (5) Urban and rural planning for the Autonomous Region;
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and (6) Taxation and other revenue-raising measures as provided for in
distinctive historical and cultural heritage, economic and social this Decree;
structures, and other relevant characteristics within the framework
of this Constitution and the national sovereignty as well as
(7) Maintenance, operation and administration of schools
territorial integrity of the Republic of the Philippines.
31
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The Sangguniang Pampook shall maintain liaison with the It does not appear to us, moreover, that the petitioner had resorted to the aforesaid
Batasang Pambansa. 34
"recess" in order to forestall the Assembly from bringing about his ouster. This is
not apparent from the pleadings before us. We are convinced that the invitation was
Hence, we assume jurisdiction. And if we can make an inquiry in the validity of the what precipitated it.
expulsion in question, with more reason can we review the petitioner's removal as
Speaker. In holding that the "recess" in question is valid, we are not to be taken as
establishing a precedent, since, as we said, a recess can not be validly declared
Briefly, the petitioner assails the legality of his ouster as Speaker on the grounds without a session having been first opened. In upholding the petitioner herein, we
that: (1) the Sanggunian, in convening on November 2 and 5, 1987 (for the sole are not giving him a carte blanche to order recesses in the future in violation of the
purpose of declaring the office of the Speaker vacant), did so in violation of the Rules, or otherwise to prevent the lawful meetings thereof.
Rules of the Sangguniang Pampook since the Assembly was then on recess; and (2)
assuming that it was valid, his ouster was ineffective nevertheless for lack of Neither are we, by this disposition, discouraging the Sanggunian from reorganizing
quorum. itself pursuant to its lawful prerogatives. Certainly, it can do so at the proper time.
In the event that be petitioner should initiate obstructive moves, the Court is certain
Upon the facts presented, we hold that the November 2 and 5, 1987 sessions were that it is armed with enough coercive remedies to thwart them. 39
invalid. It is true that under Section 31 of the Region XII Sanggunian Rules,
"[s]essions shall not be suspended or adjourned except by direction of the In view hereof, we find no need in dwelling on the issue of quorum.
Sangguniang Pampook," but it provides likewise that "the Speaker may, on [sic]
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Rules speak of "short intervals." Secondly, the Court likewise agrees that the
Speaker could not have validly called a recess since the Assembly had yet to
convene on November 1, the date session opens under the same Rules. Hence,
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there can be no recess to speak of that could possibly interrupt any session. But
while this opinion is in accord with the respondents' own, we still invalidate the
twin sessions in question, since at the time the petitioner called the "recess," it was
not a settled matter whether or not he could. do so. In the second place, the
invitation tendered by the Committee on Muslim Affairs of the House of
Representatives provided a plausible reason for the intermission sought. Thirdly,
assuming that a valid recess could not be called, it does not appear that the
respondents called his attention to this mistake. What appears is that instead, they
opened the sessions themselves behind his back in an apparent act of mutiny. Under
the circumstances, we find equity on his side. For this reason, we uphold the
"recess" called on the ground of good faith.
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