RAMON M. ATIENZA, in his capacity as VICE-GOVERNOR OF THE PROVINCE OF OCCIDENTAL MINDORO, vs.

JOSE T. VILLAROSA, in his capacity as GOVERNOR OF THE PROVINCE OF OCCIDENTAL MINDORO,

FACTS:

Occidental Mindoro Governor Jose VILLAROSA issued a memorandum concerning the authority to sign purchase orders of supplies,
materials, equipment, and repairs needed by the Sangguniang Panlalawigan. The memo stated that all such purchase orders must be signed by
the Governor, citing as basis DILG Opinion 148, s. 1993. Occidental Mindoro Vice Governor Ramon ATIENZA responded that such authority
properly pertains to him as Vice Governor, citing as bases DILG Opinion 96, s. 1995, as affirmed by COA Opinions of Jun. 28, Apr. 11, and Feb.
9, 1994. He also cited LGC 466 and 468 as bases for the separation of the legislative and executive powers at the provincial level. Villarosa
responded by issuing a memorandum terminating the casual and job order employees recommended or hired by Atienza. These employees
included 28 plus clerks, 30 utility workers, and an x-ray technician. Villarosa claims that the employees were redundant and that they bloated the
bureaucracy.

In a letter to Villarosa, Atienza raised his objections to the 2 memoranda, invoking the separation of powers at a provincial level, where the
legislature is headed by the Vice Governor and the executive is headed by the Governor. Villarosa insisted on the implementation of the 2
memoranda. Atienza thus filed a petition for prohibition before the CA, assailing the 2 memoranda as having been issued with grave abuse of
discretion. Atienza claimed that the memoranda excluded him from the use and enjoyment of his office in violation of the pertinent provision of
the LGC. He prayed that Villarosa be enjoined from implementing the 2 memoranda.

Issue:
1) Who between the governor and the vice governor is authorized to approve purchase orders issued in connection with the procurement of
supplies, materials, equipment, including fuel, repairs and maintenance of the Sangguniang Panlalawigan
2) W/N the governor has the authority to terminate or cancel the appointments of casual/job order employees of the Sangguniang Panlalawigan
Members and the Office of the Vice Governor

RATIO
MANDATE OF LGC & PRINCIPLES OF DECENTRALIZATION
 LGC was enacted to implement the constitutional mandate to “provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective mechanism of recall, initiative and referendum, allocate among
the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local officials, and all matters relating to the
organization and operation of the local units”.
 The provisions of the LGC are anchored on the following principles of decentralization:
o Effective allocation among the different local government units of their respective powers, functions, responsibilities, and
resources;
o Establishment in every LGU of an accountable, efficient, and dynamic organizational structure and operating mechanism
that will meet the priority needs and service requirements of its communities
o Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component
barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions
o Strengthening of effective mechanisms for ensuring the accountability of local government units to their respective
constituents in order to upgrade continually the quality of local leadership

1) AUTHORITY TO APPROVE PURCHASE ORDERS FOR PROCUREMENT OF SUPPLIES, MATERIALS, etc. OF SANGGUNIANG
PANLALAWIGAN IS VESTED IN THE VICE GOVERNOR
 Under the LGC, local legislative power at the provincial level is exercised by the Sangguniang Panlalawigan (SP) and the Vice
Governor is its Presiding Officer.
o The SP enacts ordinances and resolutions, and appropriates funds for the general welfare of the province in accordance with
the LGC.
 LGC 466(a)(1) provides that the Vice Governor shall be the presiding officer of the sangguniang panlalawigan and can sign all
warrants drawn on the provincial treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan
VICE GOVERNOR’S AUTHORITY TO SIGN WARRANTS & APPROVE DISURSEMENT VOUCHERS NECESSARILY INCLUDES
AUTHORITY TO APPROVE PURCHASE ORDERS COVERING SUCH VOUCHERS
 While the LGC is silent on the matter, the authority granted to the Vice Governor to sign warrants and approve disbursement vouchers
relating thereto includes the authority to approve purchase orders covering such vouchers, applying the doctrine of necessary
implication.

2) GOVERNOR HAS NO AUTHORITY TO TERMINATE OR CANCEL THE APPOINTMENT OF CASUAL OR JOB ORDER EMPLOYEES OF
THE SP OR THE VICE GOVERNOR; INTENT OF LGC ON SEPARATION OF POWERS
 LGC 466(2) provides: Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang
panlalawigan, except those whose manner of appointment is specifically provided in this Code.
 Therefore, the appointing power of the Governor does not extend to officials and employees of the Sangguniang Panlalawigan because
the authority to appoint them is vested in the Vice Governor. This includes casual and job order employees.
 The Vice Governor’s authority to appoint the officials and employees of the SP is based on the fact that the salaries of SP employees
are derived from the SP’s appropriation.
 The budget source of their salaries is what sets apart SP officials and employees from other provincial employees and officials.
 The appointing power of the Vice Governor is thus limited to employees of the SP and the Office of the Vice Governor whose salaries
are paid out of the SP’s appropriated funds. An employee who is detailed or assigned in the Office of the Vice Governor but is paid out
of provincial funds is still within the Governor’s appointing authority.
 “The idea is to distribute powers among elective local officials so that the legislative, which is the Sanggunian, can properly check the
executive, which is the Governor or the Mayor and vice versa and exercise their functions without any undue interference from one by
the other. The avowed intent of RA 7160, therefore, is to vest on the Sangguniang Panlalawigan independence in the exercise of its
legislative functions vis-a-vis the discharge by the Governor of the executive functions.”
 The 2 memoranda issued by Villarosa constituted undue interference with the SP’s functions. They therefore run counter to the intent
of the LGC and their implementation must be permanently enjoined.
GANZON v. CA
200 SCRA 271 – Political Law – Control Power – Local Government
Rodolfo Ganzon was the then mayor of Iloilo City. 10 complaints were filed against him on grounds of misconduct and misfeasance of office.
The Secretary of Local Government issued several suspension orders against Ganzon based on the merits of the complaints filed against him
hence Ganzon was facing about 600 days of suspension. Ganzon appealed the issue to the CA and the CA affirmed the suspension order by the
Secretary. Ganzon asserted that the 1987 Constitution does not authorize the President nor any of his alter ego to suspend and remove local
officials; this is because the 1987 Constitution supports local autonomy and strengthens the same. What was given by the present Constitution
was mere supervisory power.
ISSUE: Whether or not the Secretary of Local Government, as the President’s alter ego, can suspend and or remove local officials.
HELD: Yes. Ganzon is under the impression that the Constitution has left the President mere supervisory powers, which supposedly excludes
the power of investigation, and denied her control, which allegedly embraces disciplinary authority. It is a mistaken impression because legally,
“supervision” is not incompatible with disciplinary authority.
The SC had occasion to discuss the scope and extent of the power of supervision by the President over local government officials in contrast to
the power of control given to him over executive officials of our government wherein it was emphasized that the two terms, control and
supervision, are two different things which differ one from the other in meaning and extent. “In administration law supervision means overseeing
or the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them the former
may take such action or step as prescribed by law to make them perform their duties.
Control, on the other hand, means the power of an officer to alter or modify or nullify of set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of the former for that of the latter.” But from this pronouncement it cannot be
reasonably inferred that the power of supervision of the President over local government officials does not include the power of investigation
when in his opinion the good of the public service so requires.
The Secretary of Local Government, as the alter ego of the president, in suspending Ganzon is exercising a valid power. He however
overstepped by imposing a 600 day suspension.