Pangatungdanan

LEGISLATIVE GAINS OF

SANGGUNIANG PANLALAWIGAN

SP Cebu passes 3 ordinances, 1K resos

BY LGOO II JEAN MARVETTE A. DEMECILLO

Members of the 15th Sangguniang Panlalawigan (SP) of The SP likewise approved 418 committee reports as
Cebu headed by Vice-Governor Hilario Davide III passed stipulated in the accomplishment report sent by SP
a total of three ordinances and 1,109 resolutions for the Secretary Atty. Pulchra Marie Acevedo to
first semester of 2022. Pangatungdanan.

Among the ordinances passed were Ordinance No. According to the accomplishment report, the legislative
2022-03 entitled “An Ordinance Rationalizing the body conducted 19 sessions, including the special
Wearing of Face Masks Within the Province of Cebu”; sessions and out-of-town regular sessions, and four
Ordinance No. 2022-01 entitled “Amending Section 4 sessions that failed to reach a quorum./gml
and Section 6 of Ordinance No. 2020-10, Otherwise
Known as ‘The Cebu Province Grants Intended for
Tertiary Students Ordinance’”; and Ordinance No. 2022-
02 entitled “Ordinance Prohibiting Hotels, Motels,
Resorts, and Other Similar Establishments from
Providing and Selling Mini or Personal-Sized Plastic
Bottles, Containers and Sachets for Toiletries”.

Serbisyong Tiunay, Malambuong Sugbo Kanunay Photos from FB page of Vice Governor Hilario Davide III
DILG Cebu Cares
Page 51

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DASIG

Santander Minglanilla awards
declared drug-cleared brgy
drug-cleared
BY LGOO VI IRENE O. ANONAR
BY LGOO VI LIM T. LOPE, JR
The municipal government of Minglanilla, Cebu
The Municipality of Santander, Cebu was conferred an award to Barangay Poblacion Ward III for
declared drug-cleared by the Regional being the first drug-cleared barangay in the
Oversight Committee on Barangay Drug municipality.
Clearing (ROCBDC) during its hybrid
online and face-to-face deliberation on During the awarding ceremony on June 9, Mayor
May 20. Elanito Peña commended the barangay headed by
Mayor Marites Buscato took pride in the Punong Barangay Edmundo Samson and expressed
collaboration of all concerned offices hopes that the barangay will sustain its efforts in the
that resulted in achieving such fight against illegal drugs.
milestone.
The ROCBDC members assessed the Also present during the activity were the members of
municipality’s compliance with the the Barangay Anti-Drug Abuse Council and
documentary requirements to ensure that representatives of the Philippine Drug Enforcement
all reported and validated drug Agency-7./gml
personalities have been accounted for or
given appropriate interventions and that
the Municipal Anti-Drug Abuse Council
(MADAC) is organized and functional.
The deliberation was attended by
Sangguniang Barangay Chairperson on
Peace and Order Manuel Regulacion,
Municipal LGOO Lope Lim, MADAC Focal
Person Rogelio Culanibang Jr, Municipal
Health Officer Dr. Almid Julhani, Chief of
Police PLt Michael Calaurian, and PCR-
PNCO PSSg Sherlina Gumapon./gml

Page 52 Pangatungdanan

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DASIG

Minglanilla poll bets
sign peace covenant

BY LGOO VI IRENE O. ANONAR

Local candidates and representatives from various
sectors in the Municipality of Minglanilla, Cebu signed
a covenant for Secure, Accurate, Free, and Fair (SAFE)
elections on March 18.
Minglanilla Municipal LGOO Irene Anonar joined the
activity together with Commission on Elections
representative Renante Angcos, Chief of Police PMaj
William Homoc, Muslim brothers Samsoding Polangi
and John Mascara, Pastor Philip Bartolaba, and Rev.
Fr. Roy Bucag of Immaculate Heart of Mary
Parish./gml

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DASIG

Basic
Microsoft
training held

BY LGOO VI MA. LOURDES D. BOONE

Barangay secretaries and treasurers of the
Municipality of Alcoy, Cebu underwent basic
training on Microsoft Office programs and
services on May 19.
The activity was organized by the
Department of the Interior and Local
Government (DILG) Alcoy Field Office in
partnership with the Philippine Mining
Service Corporation, Municipal Government
of Alcoy, and Alcoy Secretaries and
Treasurers Association.
Alcoy Municipal LGOO Maria Lourdes Boone
served as the resource person and
discussed the features of Microsoft Word,
Excel, and web browsing.
The participants expressed gratitude to
Boone and the concerned offices for
initiating the activity which enhanced their
skills and kept them abreast with the
advancement of technology./gml

Page 54

STATUS OF LOCALLY-FUNDED PROJECTS

CLUSTER DASIG

AS OF JUNE 30, 2022

 CITY/MUNICIPALITY  TOTAL FUNDS  COMPLETED  ON GOING  NOT YET STARTED
ALLOCATED
 ALCOY         39,516,504.00 9,254,000.00 30,000,000.00
 ARGAO  78,770,504.00         59,981,029.08                            -          10,000,000.00
 BOLJOON 69,981,029.08         45,688,465.00        10,000,000.00
 CARCAR CITY   64,688,465.00         27,180,343.60 9,000,000.00        32,093,537.00
 CITY OF NAGA  59,273,880.60         24,395,788.68                            -          15,000,000.00
 DALAGUETE 39,395,788.68         65,040,425.00                            -          29,500,000.00
 MINGLANILLA 94,540,425.00         59,207,948.00                            -            5,000,000.00
 OSLOB 64,207,948.00         35,230,273.00                            -          28,000,000.00
 SAN FERNANDO  63,230,273.00      64,711,091.00                            -                            -  
 SANTANDER 64,711,091.00         79,598,523.00                            -          23,000,000.00
 SIBONGA  102,598,523.00         77,070,623.00                            -            5,000,000.00
 TALISAY CITY    87,070,623.00         23,600,000.00        20,000,000.00
43,600,000.00   601,221,013.36  5,000,000.00   207,593,537.00
TOTAL  832,068,550.36                            -  
   23,254,000.00

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BUGSAY

MLGOO invited to
Radyo Natin 1
Cebu

BY LGOO VI ROJHELOU PATAC

The Municipal Local Government Operations
Officer of the Municipality in Balamban graced the
Radyo Natin 1 Cebu program on January 27.
LGOO VI MLGOO Rojhelou Patac discussed the
guidelines for the distribution of financial
assistance to individuals affected by Typhoon
Odette.
Patac was accompanied by Balamban Mayor Alex
Binghay and Municipal Public Information Officer
Laviña Campos during the radio guesting./gml

Page 56 Pangatungdanan

STATUS OF LOCALLY-FUNDED PROJECTS

CLUSTER BUGSAY

AS OF JUNE 30, 2022

 CITY/MUNICIPALITY  TOTAL FUNDS  COMPLETED  ON GOING  NOT YET STARTED
 ASTURIAS ALLOCATED
 BALAMBAN         77,656,566.00                            -         
92,656,566.00         72,119,775.00                            -   15,000,000.00

82,119,775.00        10,000,000.00

 BANTAYAN 141,952,743.06       120,858,743.06          12,094,000.00          9,000,000.00

 CITY OF BOGO 87,529,802.37         51,829,802.37          20,700,000.00        15,000,000.00

 DAANBANTAYAN 78,223,772.25         73,223,772.25                            -            5,000,000.00

 MADRIDEJOS 86,691,230.00         79,691,230.00                            -            7,000,000.00

 MEDELLIN 110,652,538.73       110,652,538.73                            -                            -  

 SAN REMIGIO 104,652,538.73       104,652,538.73                            -                            -  

 SANTA FE 112,116,898.34         94,735,898.34            3,381,000.00        14,000,000.00

 TABOGON 98,077,211.00         93,077,211.00                            -            5,000,000.00

 TABUELAN 69,010,753.80         46,379,753.80                            -          22,631,000.00
 TUBURAN 114,712,770.25         73,978,770.25          35,734,000.00          5,000,000.00
1,178,396,599.53      107,631,000.00
TOTAL 998,856,599.53 71,909,000.00

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CLUSTER Pangatungdanan

TRIBU

Aloguinsan holds
turnover of
responsibilities

BY LGOO VI LYN N. AGUELO

The Municipality of Aloguinsan through its Local
Governance Transition Team conducted a turnover
ceremony and interfacing of local functionaries
with the newly elected officials on June 30.
The attendees bid farewell to the outgoing officials
and welcomed the reelected and newly elected
officials under the leadership of Mayor Cesare
Ignatius Moreno who received a fresh mandate
from the electorate.
During the activity, Municipal LGOO Lyn Aguelo
also discussed the Governance Assessment
Report which highlighted the performance of the
Municipality in the Seal of Good Local Governance
during the assessment periods in 2018, 2019 and
2022./gml

Page 58

STATUS OF LOCALLY-FUNDED PROJECTS

CLUSTER TRIBU

AS OF JUNE 30, 2022

 CITY/MUNICIPALITY  TOTAL FUNDS  COMPLETED  ON GOING  NOT YET STARTED
ALLOCATED
 ALCANTARA 64,866,370.00         34,866,370.00 20,000,000.00 10,000,000.00
 ALEGRIA 103,352,642.00         73,352,642.00 20,000,000.00        10,000,000.00

 ALOGUINSAN 61,630,561.00         32,630,561.00          14,000,000.00        15,000,000.00

 BADIAN 54,146,390.00         44,146,390.00                            -          10,000,000.00
 BARILI 83,225,520.00         73,225,520.00                            -          10,000,000.00
 DUMANJUG 61,497,180.00        24,000,000.00
 GINATILAN   63,806,224.00  17,497,180.00  20,000,000.00        15,000,000.00
 MALABUYOC   77,115,193.01         48,806,224.00                            -          10,000,000.00
 MOALBOAL    103,777,771.00         67,115,193.01                            -          10,000,000.00
 PINAMUNGAJAN 94,815,873.00         83,777,771.00 10,000,000.00          8,000,000.00
 RONDA 86,975,009.00         86,815,873.00                            -                            -  
 SAMBOAN 106,125,672.00        10,000,000.00
 TOLEDO CITY 20,000,000.00 70,975,009.00   16,000,000.00        20,000,000.00
981,334,405.01 84,125,672.00 12,000,000.00 152,000,000.00
TOTAL                           -                              -  
 717,334,405.01 112,000,000.00

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TIG-A

DOH lauds Borbon

BY DR. PHILIP BALOGO

Three programs of the Municipality of Borbon, Cebu
were recognized by the Department of Health (DOH)
during the first-ever Healthy Pilipinas Awards 2022 for
Healthy Communities on March 4.
These programs were the Borbon Healthy Nanay and
Bulilit Program, Borbon Disaster Risk Reduction and
Management in Health and Health Emergency
Management Services, and Borbon Mental Health
Warriors.
According to DOH, these programs addressed three of
the seven priority areas or health thrusts of the
Department.
Mayor Noel Dotillos vowed to address the gaps to
improve the delivery of health services and assured to
continue providing quality public service for a
healthier community./gml

Page 60 Pangatungdanan

STATUS OF LOCALLY-FUNDED PROJECTS

CLUSTER TIG-A

AS OF JUNE 30, 2022

 CITY/MUNICIPALITY  TOTAL FUNDS  COMPLETED  ON GOING  NOT YET STARTED
ALLOCATED
 BORBON
 CARMEN 79,104,380.00         61,104,380.00          13,000,000.00          5,000,000.00
 CATMON
 COMPOSTELA 57,612,370.00         52,612,370.00            5,000,000.00                          -  
 CONSOLACION
 CORDOVA 72,403,415.00         57,403,415.00                            -          15,000,000.00
 DANAO CITY
 LILOAN 66,256,422.00         41,256,422.00          10,000,000.00        15,000,000.00

 PILAR 70,305,358.00         55,305,358.00                            -          15,000,000.00

 PORO 63,710,102.00         47,146,551.00          16,563,551.00                          -  
 SAN FRANCISCO
 SOGOD 42,517,622.00         37,517,622.00            5,000,000.00                          -  
 TUDELA
50,647,760.00         50,647,760.00                            -                            -  
 CLUSTER TIG-A
                      46,631,110.42                            -          10,000,000.00
56,631,110.42

72,642,008.00         52,642,008.00          10,000,000.00        10,000,000.00

67,735,747.00         52,735,747.00                            -          15,000,000.00

100,159,816.72         95,159,816.72            5,000,000.00                          -  

43,507,894.00         43,507,894.00                            -                            -  

843,234,005.14       693,670,454.14          64,563,551.00        85,000,000.00

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DILG Cebu Cares

ELECTED OFFICIALS IN CEBU PROVINCE
(2022-2025)

HON. GWENDOLYN F. GARCIA HON. HILARIO P. DAVIDE III

GOVERNOR VICE-GOVERNOR

FIRST DISTRICT SECOND DISTRICT

CITY / POSITION NAME OF OFFICIAL CITY / POSITION NAME OF OFFICIAL
MUNICIPALITY MUNICIPALITY
CEBU-1ST DISTRICT REPRESENTATIVE RHEA MAE A. GULLAS CEBU-2ND DISTRICT REPRESENTATIVE EDSEL A. GALEOS
SANGGUNIANG PANLALAWIGAN CEBU-2ND DISTRICT
CEBU-1ST DISTRICT YOLANDA DAAN SANGGUNIANG PANLALAWIGAN DR. STANLEY CAMINERO
MEMBER CEBU-2ND DISTRICT MEMBER
CEBU-1ST DISTRICT SANGGUNIANG PANLALAWIGAN ATTY. RAUL BACALTOS RAYMOND JOSEPH
 ALCOY SANGGUNIANG PANLALAWIGAN CALDERON
 CARCAR CITY MEMBER MARIO PATRICIO MEMBER
 NAGA CITY BARCENAS  ARGAO
 TALISAY CITY CITY MAYOR  BOLJOON MUNICIPAL MAYOR MICHAEL ANGELO DELOS
 MINGLANILLA VALDEMAR M. CHIONG  DALAGUETE SANTOS SESTOSO
 SAN FERNANDO CITY MAYOR GERALD ANTHONY V. MUNICIPAL MAYOR
 SIBONGA  OSLOB MUNICIPAL MAYOR ALLAN M. SESALDO
CITY MAYOR GULLAS JR.  SAMBOAN MUNICIPAL MAYOR
ATTY. RAJIV V. ENAD  SANTANDER MUNICIPAL MAYOR JOIE GENESSE N. DERAMA
MUNICIPAL MAYOR
MUNICIPAL MAYOR MYTHA CANOY MUNICIPAL MAYOR RONALD ALLAN CESANTE
MUNICIPAL MAYOR LIONEL E. BACALTOS MUNICIPAL MAYOR
ATTY. RONALD GUAREN

DR. EMERITO D. CALDERON
JR

MARITES BUSCATO

THIRD DISTRICT FOURTH DISTRICT

CITY / POSITION NAME OF OFFICIAL CITY / POSITION NAME OF OFFICIAL
MUNICIPALITY MUNICIPALITY
CEBU-3RD DISTRICT REPRESENTATIVE ATTY. PABLO JOHN F. REPRESENTATIVE JANICE Z. SALIMBANGON
GARCIA CEBU-4TH DISTRICT
CEBU-3RD DISTRICT SANGGUNIANG PANLALAWIGAN SANGGUNIANG PANLALAWIGAN KERRIE SHIMURA
MEMBER ATTY. JIEMBO BORGONIA CEBU-4TH DISTRICT MEMBER
CEBU-3RD DISTRICT RACI FRANCO
 TOLEDO CITY SANGGUNIANG PANLALAWIGAN VICTORIA COROMINAS CEBU-4TH DISTRICT SANGGUNIANG PANLALAWIGAN
 ALOGUINSAN MEMBER TORIBIO  BOGO CITY MEMBER ATTY. CARLO JOSE A. MARTINEZ
 BANTAYAN ARTHUR E. DESPI
 ASTURIAS CITY MAYOR MARJORIE P. PERALES CITY MAYOR SUN J. SHIMURA
 BALAMBAN  DAANBANTAYAN MUNICIPAL MAYOR
MUNICIPAL MAYOR CESARE IGNATIUS G.  MADRIDEJOS MUNICIPAL MAYOR ENGR. ROMEO ALBACIETE
 BARILI MORENO  MEDELLIN VILLACERAN
MUNICIPAL MAYOR  SAN REMIGIO MUNICIPAL MAYOR
 PINAMUNGAJAN DANA ANDREW MATELA  SANTA FE ATTY. JOVEN MONDIGO JR
 TUBURAN MUNICIPAL MAYOR DUMDUM  TABOGON MUNICIPAL MAYOR ATTY. ALFONSO PESTOLANTE
 TABUELAN MUNICIPAL MAYOR ITHAMAR POSTRERO ESPINOSA
ACE STEFAN V. BINGHAY MUNICIPAL MAYOR FRANCIS EDWARD TROCINO

MUNICIPAL MAYOR PABLO JOHN "JOHN-JOHN" MUNICIPAL MAYOR SALIMBANGON
GARCIA IV RAUL T. GERONA
MUNICIPAL MAYOR
MUNICIPAL MAYOR ANA JESSICA A.
MUNICIPAL MAYOR BARICUATRO

DEMOCRITO DIAMANTE

Page 62 Pangatungdanan

ELECTED OFFICIALS IN CEBU PROVINCE
(2022-2025)

CITY / FIFTH DISTRICT NAME OF OFFICIAL AND PROCLAIMED
MUNICIPALITY CANDIDATE
CEBU-5TH DISTRICT POSITION
CEBU-5TH DISTRICT REPRESENTATIVE VINCENT FRANCO D. FRASCO
SANGGUNIANG PANLALAWIGAN MEMBER RED DUTERTE
CEBU-5TH DISTRICT SANGGUNIANG PANLALAWIGAN MEMBER
 DANAO CITY MICHAEL JOSEPH T. VILLAMOR
 BORBON CITY MAYOR THOMAS MARK DURANO
 CARMEN MUNICIPAL MAYOR NOEL T. DOTILLOS
 CATMON MUNICIPAL MAYOR CARLO T. VILLAMOR
 COMPOSTELA MUNICIPAL MAYOR AVIS MONLEON
 LILOAN MUNICIPAL MAYOR FELIJUR P. QUIÑO
 PILAR MUNICIPAL MAYOR
 PORO MUNICIPAL MAYOR ALJEW FERNANDO J. FRASCO
MUNICIPAL MAYOR MANUEL P. SANTIAGO
 SAN FRANCISCO MUNICIPAL MAYOR EDGAR G. RAMA
 SOGOD MUNICIPAL MAYOR ALFREDO ARQUILLANO
 TUDELA MUNICIPAL MAYOR
LISSA MARIE DURANO-STREEGAN
CITY / SIXTH DISTRICT GREMAN BARING SOLANTE
MUNICIPALITY
POSITION NAME OF OFFICIAL
CEBU-6TH DISTRICT
REPRESENTATIVE DAPHNE A. LAGON
CEBU-6TH DISTRICT
SANGGUNIANG PANLALAWIGAN MEMBER THADEO Z. OUANO
CEBU-6TH DISTRICT
SANGGUNIANG PANLALAWIGAN MEMBER GLENN ANTHONY O. SOCO
 CONSOLACION
MUNICIPAL MAYOR TERESA P. ALEGADO
 CORDOVA MUNICIPAL MAYOR CESAR E. SUAN

SEVENTH DISTRICT

CITY / POSITION NAME OF OFFICIAL
MUNICIPALITY
CEBU-7TH DISTRICT REPRESENTATIVE ATTY. PETER JOHN D. CALDERON

CEBU-7TH DISTRICT SANGGUNIANG PANLALAWIGAN MEMBER JEROME LIBRANDO

CEBU-7TH DISTRICT SANGGUNIANG PANLALAWIGAN MEMBER CESAR BARICUATRO
MUNICIPAL MAYOR ATTY. FRITZ A. LASTIMOSO
 ALCANTARA MUNICIPAL MAYOR DR. GILBERTO F. MAGALLON
 ALEGRIA MUNICIPAL MAYOR CARMENCITA LIBRANDO LUMAIN
 BADIAN MUNICIPAL MAYOR
MUNICIPAL MAYOR EFREN GUNTRANO GICA
 DUMANJUG MUNICIPAL MAYOR ROY VINCENT P. SINGCO
 GINATILAN MUNICIPAL MAYOR
 MALABUYOC MUNICIPAL MAYOR ERLINDA Q. PIEDAD
 MOALBOAL INOCENTES GABUNILAS CABARON

 RONDA TERENCE MARIANO Y. BLANCO

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LEGAL HUB

BY ATTY. IAN KENNETH B. LUCERO, JD

G.R. No. 195390, December 10, 2014
GOV. LUIS RAYMUND F. VILLAFUERTE, JR., and the PROVINCE OF CAMARINES SUR, Petitioners, vs.
HON. JESSE M. ROBREDO, in his capacity as Secretary of the Department of the Interior and Local
Government, Respondent.

FACTS: Contrary to the petitioners’ posturing, however, It is inconceivable, however, how the publication of
In 1995, the Commission on Audit (COA) conducted the enumeration was not meant to restrict the budgets, expenditures, contracts and loans and
an examination and audit on the manner the local discretion of the LGUs in the utilization of their procurement plans of LGUs required in the assailed
government units (LGUs) utilized their Internal funds. It was meant to enlighten LGUs as to the issuances could have infringed on the local fiscal
Revenue Allotment (IRA) for the calendar years 1993- nature of the development fund by delineating it autonomy of LGUs. Firstly, the issuances do not
1994. The examination yielded an official report, from other types of expenses. It was interfere with the discretion of the LGUs in the
showing that a substantial portion of the 20% incorporated in the assailed circular in order to specification of their priority projects and the
development fund of some LGUs was not actually guide them in the proper disposition of the IRA allocation of their budgets. The posting requirements
utilized for development projects but was diverted to and avert further misuse of the fund by citing are mere transparency measures which do not at all
expenses properly chargeable against the current practices which seemed to be hurt the manner by which LGUs decide the utilization
Maintenance and Other Operating Expenses (MOOE), incompatible with the purpose of the fund. Even and allocation of their funds.
in stark violation of Section 287 of R.A. No. 7160, then, LGUs remain at liberty to map out their Secondly, it appears that even Section 352 of the LGC
otherwise known as the Local Government Code of respective development plans solely on the basis that is being invoked by the petitioners does not
1991 (LGC). of their own judgment and utilize their IRAs exclude the requirement for the posting of the
Subsequently, the late Honorable Jesse M. Robredo accordingly, with the only restriction that 20% additional documents stated in MC Nos. 2010-83 and
(respondent), in his capacity as then Secretary of the thereof be expended for development projects. 2011-08. Apparently, the mentioned provision
Department of the Interior and Local Government The petitioners likewise misread the issuance by requires the publication of "a summary of revenues
(DILG), issued the following issuances: claiming that the provision of sanctions therein is collected and funds received, including the
(a) Memorandum Circular (MC) No. 2010-83 dated a clear indication of the President’s interference appropriations and disbursements of such funds."
August 31, 2010, pertaining to the full disclosure of in the fiscal autonomy of LGUs. Significantly, the The additional requirement for the posting of
local budget and finances, and bids and public issuance itself did not provide for sanctions. It budgets, expenditures, contracts and loans, and
offerings; did not particularly establish a new set of acts or procurement plans are well- within the contemplation
(b) MC No. 2010-138 dated December 2, 2010, omissions which are deemed violations and of Section 352 of the LGC considering they are
pertaining to the use of the 20% component of the provide the corresponding penalties therefor. It documents necessary for an accurate presentation of
annual internal revenue allotment shares; and simply stated a reminder to LGUs that there are a summary of appropriations and disbursements that
(c) MC No. 2011-08 dated January 13, 2011, existing rules to considering the disbursement of an LGU is required to publish.
pertaining to the strict adherence to Section 90 of the 20% development fund and that non- Finally, the Court believes that the supervisory
Republic Act (R.A.) No. 10147 or the General compliance therewith may render them liable to powers of the President are broad enough to
Appropriations Act of 2011. sanctions which are provided in the LGC and embrace the power to require the publication of
Former Governor Luis Raymund F. Villafuerte, Jr. and other applicable laws.Nonetheless, this warning certain documents as a mechanism of transparency.
the Province of Camarines Sur (petitioners) filed a for possible imposition of sanctions did not alter Moreover, the Constitution, which was drafted after
petition for certiorari and prohibition seeking to annul the advisory nature of the issuance. At any rate, long years of dictatorship and abuse of power, is now
and set aside the aforementioned issuances on the LGUs must be reminded that the local autonomy replete with numerous provisions directing the
ground of unconstitutionality and for having been granted to them does not completely severe adoption of measures to uphold transparency and
issued with grave abuse of discretion amounting to them from the national government or turn them accountability in government, with a view of
lack or excess of jurisdiction. into impenetrable states. Autonomy does not protecting the nation from repeating its atrocious
ISSUE: make local governments sovereign within the past. In particular, the Constitution commands the
Whether or not the assailed memorandum circulars state. strict adherence to full disclosure of information on
violate the principles of local and fiscal autonomy As in MC No. 2010-138, the Court finds nothing in all matters relating to official transactions and those
enshrined in the Constitution and the LGC. two other questioned issuances of the involving public interest.
RULING: respondent, i.e., MC Nos. 2010-83 and 2011-08, In the instant case, the assailed issuances were
No. The assailed memorandum circulars do not that can be construed as infringing on the fiscal issued pursuant to the policy of promoting good
transgress the local and fiscal autonomy granted to autonomy of LGUs. The petitioners claim that the governance through transparency, accountability
LGUs. requirement to post other documents in the and participation. The action of the respondent is
A reading of MC No. 2010-138 shows that it is a mere mentioned issuances went beyond the letter and certainly within the constitutional bounds of his
reiteration of an existing provision in the LGC. It was spirit of Section 352 of the LGC and R.A. No. power as alter ego of the President.
plainly intended to remind LGUs to faithfully observe 9184, otherwise known as the Government It is needless to say that the power to govern is a
the directive stated in Section 287 of the LGC to Procurement Reform Act, by requiring that delegated authority from the people who hailed the
utilize the 20% portion of the IRA for development budgets, expenditures, contracts and loans, and public official to office through the democratic
projects. procurement plans of LGUs be publicly posted as process of election. His stay in office remains a
It was, at best, an advisory to LGUs to examine well. privilege which may be withdrawn by the people
themselves if they have been complying with the law. It is well to remember that fiscal autonomy does should he betray his oath of office. Thus, he must not
It must be recalled that the assailed circular was not leave LGUs with unbridled discretion in the frown upon accountability checks which aim to show
issued in response to the report of the COA that a disbursement of public funds. They remain how well he is performing his delegated power. For, it
substantial portion of the 20% development fund of accountable to their constituency. For, public is through these mechanisms of transparency and
some LGUs was not actually utilized for development office was created for the benefit of the people accountability that he is able to prove to his
projects but was diverted to expenses more properly and not the person who holds office. constituency that he is worthy of the continued
categorized as MOOE, in violation of Section 287 of The assailed issuances of the respondent, MC privilege.
the LGC. Nos. 2010-83 and 2011-08, are but
implementation of this avowed policy of the
State to make public officials accountable to the
people. They are amalgamations of existing
laws, rules and regulation designed to give teeth
to the constitutional mandate of transparency
and accountability.

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