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PIMENTEL, JR. vs. EXECUTIVE SECRETARY OCHOA, G.R. No. 195770 (01!

"ACTS#

 

RESPON$ENTS#

- 2007: the DSWD embarked on a poverty reduction strategy with the poorest of the poor as target beneficiaries

- “hon !ami"yang !i"ipino#: pre-pi"ot tested in the municipa"ities of Sibagat and $speran%a in gusan de" Sur&

municipa"ities of 'ope% (aena and )onifacio in *isamis +ccidenta", araga .egion& cities of !asay and a"oocan

upon the re"ease of the amount of !/0* under a Specia" ""otment .e"ease +rder S.+1 issued by D)*

- DSWD as the "ead agency in imp"ementing the program1: issued A%&''s)*+)'v O*%* No. 1-, s*'s o 00/

setting the imp"ementing guide"ines for the proect renamed “!antawid !ami"yang !i"ipino !rogram# 3!s1

- "so known as the 4!, provides cash grant to e5treme poor househo"ds to a""ow the members of the

fami"ies to meet certain human deve"opment goa"s hea"th assistance, educationa" assistance1

- fter an assessment, a househo"d beneficiary cou"d receive from the government an annua" subsidy for its

 basic needs up to an amount of !6/,000 under conditiona"ities- nstitutiona"i%ed a coordinated inter-agency network amomng the Dep$d, D+8, D'9, ! and '9;s

identifying specific ro"es and functions in order to ensure effective and efficient imp"ementation of the

4!

- LGU +s +*)* +23 to make sure the avai"abi"ity of supp"y side on hea"th and education in target

areas& prepare reports& coordinate with various concerned gov<t agencies at the "oca" "eve"& ho"d meetings

6= *emorandum of greement *+1 e5ecuted by DSWD with each participating '9; out"ines in detai" the

ob"igation of both parties during the intended five-year imp"ementation of the 4!2= ongress: provided funding under the 9 of 200> !2?>*@1& increased to !/) in 200?& !60) in 2060& 9 of

2066 at !26)@

PETITIONER PIMENTEL, JR ) +4#

- (oined by !resident of the ssociation of )rgy aptains of abanatuan, ueva $cia, and incumbent )rgy

aptain of )rgy= Sta= *onica, A, cha""enges before the disbursement of pub"ic funds and the imp"ementation of

the 4p which are a""eged to have 2*o+2% ')o ) 4o2+4 +6)oo&3 o ) LGUs=

- dmit that the wisdom of adopting the 4! as a poverty reduction strategy for the !hi"ippines is with the

"egis"ature

- 4hey take e5ception, however, to the manner by which it is being imp"emented, primari"y through a nationa"

agency "ike DSWD instead of the '9;s to which the responsibi"ity and functions of de"ivering socia" we"fare,

agricu"ture and hea"th care services have been devo"ved pursuant to Section 67 of . 76B0, in re"ation to Section

2/, rtic"e and Section C, rtic"e of 6?>7 onstitution

- 9iving DSWD fu"" contro" over the identification of beneficiaries and the manner by which services are to bede"ivered or conditiona"ities are to be comp"ied with, instead of a""ocating the !26) 4! budget direct"y to the

'9;s that wou"d have enhanced its de"ivery of basic services, resu"ts in the “recentra"i%ation# of basic gov<t

functions, which is contrary to the precepts of "oca" autonomy and avowed po"icy of decentra"i%ation

ISSUE# )* o* o) ) CCTP 86%) +44o2+)'o 6%* ) $S$ ' ) GAA 011 v'o4+)s ) Cos)')6)'o '

*4+)'o )o S2)'o 17 o ) LGC 83 *ov'%' o* ) *2)*+4'+)'o o ) N+)'o+4 Gov*&) ' ) %4'v*3

o 8+s'2 s*v'2s +4*+%3 %vo4v% )o ) LGUs

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  SUPREME COURT

W8$.$E+.$, premises considered, the petition is hereby DS*SS$D= S+ +.D$.$D=

CONCLUSION# NO. !etition is DS*SS$D=

LA#

•4he onstitution dec"ares it a po"icy of the State to ensure the autonomy of "oca" governments and even devotes a fu""artic"e on the subect of "oca" governance which inc"udes the fo""owing pertinent provisions: 

Section C= 4he ongress sha"" enact a "oca" government code which sha"" provide for a more responsive and

accountab"e "oca" government structure instituted through a system of decentra"i%ation with effective mechanisms of

reca"", initiative, and referendum, a""ocate among the different "oca" government units their powers, responsibi"ities,

and resources, and provide for the Fua"ifications, e"ection, appointment and remova", term, sa"aries, powers and

functions and duties of "oca" officia"s, and a"" other matters re"ating to the organi%ation and operation of the "oca"

units=

• n order to fu""y secure to the '9;s the genuine and meaningfu" autonomy that wou"d deve"op them into se"f-re"iant

communities and effective partners in the attainment of nationa" goa"s, Section 67 of the Lo2+4 Gov*&) Co%

vs)% 6o ) LGUs ) %6)'s +% 62)'os *)+'' )o ) %4'v*3 o 8+s'2 s*v'2s +% +2'4')'s

EXCEPTION#

• Whi"e the aforementioned provision charges the '9;s to take on the functions and responsibi"ities that have a"ready

 been devo"ved upon them from the nationa" agencies on the aspect of providing for basic services and faci"ities in

their respective urisdictions, paragraph c1 of the same provision provides a categorica" e5ception of cases invo"vingnationa""y-funded proects, faci"ities, programs and services, thus: G

c1 otwithstanding the provisions of subsection b1 hereof, 684'2 :o*;s +% '*+s)*62)6* *o<2)s +%

o)* +2'4')'s, *o*+&s +% s*v'2s 6%% 83 ) N+)'o+4 Gov*&) 6%* ) +6+4 G*+4

A*o*'+)'os A2), o)* s2'+4 4+:s, *)') =26)'v o*%*s, +% )os :o443 o* +*)'+443 6%% *o&

o*' so6*2s, are +4 covered under this Section, e5cept in those cases where the "oca" government unitconcerned is du"y designated as the imp"ementing agency for such proects, faci"ities, programs and services=

Underscoring supplied 1

 

4he essence of this e5press reservation of power by the nationa" government is that, 64ss + LGU 's +*)'264+*43

%s'+)% +s ) '&4&)' +23, ') +s o o:* ov* + *o*+& o* :'2 6%' +s 8 *ov'%%

83 ) +)'o+4 ov*&) 6%* ) +6+4 *+4 +*o*'+)'os +2), v ' ) *o*+& 'vo4vs )

%4'v*3 o 8+s'2 s*v'2s :')' ) <6*'s%'2)'o o ) LGU.

 

;nder the !hi"ippine concept of "oca" autonomy, the nationa" government has +4 comp"ete"y re"inFuished a"" its

 powers over "oca" governments, inc"uding autonomous regions= O43 +%&''s)*+)'v o:*s ov* 4o2+4 ++'*s +*

%4+)% )o o4')'2+4 s68%'v's'os= 4he purpose of the de"egation is to make governance more direct"y responsive

and effective at the "oca" "eve"s= n turn, economic, po"itica" and socia" deve"opment at the sma""er po"itica" units are

e5pected to prope" socia" and economic growth and deve"opment= )ut to enab"e the country to deve"op as a who"e, the programs and po"icies effected "oca""y must be integrated and coordinated towards a common nationa" goa"= 4hus

 po"icy-setting for the entire country sti"" "ies in the !resident and ongress=

• ;4++*H as D$$4.'I4+ +E D*S4.4+

- 4here is decentra"i%ation of administration when the centra" government de"egates administrative powers to

 po"itica" subdivisions in order to broaden the base of government power and in the process to make "oca"

governments more responsive and accountab"e and ensure their fu""est deve"opment as se"f-re"iant communities

and make them more effective partners in the pursuit of nationa" deve"opment and socia" progress

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- 4he !resident e5ercises genera" supervision over them, but on"y to ensure that "oca" affairs are administered

according to "aw= 8e has no contro" over their acts in the sense that he can substitute their udgments with his

own=

• ;4++*H S D$$4.'I4+ +E !+W$. 

- invo"ves an abdication of po"itica" power in the JsicK favor of "oca" governments JsicK units dec"ared to be

autonomous= n that case, the autonomous government is free to chart its own destiny and shape its future with

minimum intervention from centra" authorities

APPLICATION#

 

comp"ete re"inFuishment of centra" government powers on the matter of providing basic faci"ities and services

cannot be imp"ied as the 'oca" 9overnment ode itse"f weighs against it= 4he nationa" government is, thus, not

 prec"uded from taking a direct hand in the formu"ation and imp"ementation of nationa" deve"opment programs

especia""y where it is imp"emented "oca""y in coordination with the '9;s concerned=

 

$very "aw has in its favor the presumption of constitutiona"ity, and to ustify its nu""ification, there must be a c"ear and

uneFuivoca" breach of the onstitution, not a doubtfu" and argumentative one= 

P)')'o*s +v +'4% )o %'s2+* ) 86*% o *ov' ) 'v+4'%')3 o ) *ov's'os 6%* ) GAA o

011= 4he a""ocation of a !26 bi""ion budget for an intervention program formu"ated by the nationa" government itse"f

 but imp"emented in partnership with the "oca" government units to achieve the common nationa" goa" deve"opment

and socia" progress can by no means be an encroachment upon the autonomy of "oca" governments=