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SUMMARY: This is a Petition for Review from an RTC Manila decision which declared EO 567 as constitutional. The assailed
EO, issued by Pres. Arroyo, devolved the administration and supervision of the Taguig-Pateros District Hospital from the
DOH to the City of Taguig. The Court denied the petition, ruling that in its Declaration of Policy, the LGC espouses a system
of decentralization through the devolution to LGUs of the delivery of basic services.
FACTS:
July 25, 1994: RA 7842 established the Taguig-Pateros District Hospital (TPDH) under the administration and
supervision of the DOH.
September 8, 2006: Pres. Arroyo issued EO 567 devolving the administration and supervision of the TPDH from the
DOH to the City of Taguig. Mayor Tinga (of Taguig) then issued EO 053 formalizing the plan for the City of Taguig’s
takeover of the operations of TPDH, and signed a MOA with the DOH which detailed the turnover of operations
from the DOH.
Petitioners, who were employees of TPDH, submitted a Position Paper to the DOH and a letter to the OP, which
were both unacted upon. They then filed a Petition for Declaratory Relief with RTC Manila, which was later
amended to a Petition for Prohibition and Certiorari with Prayer for Issuance of TRO and WPI.
o The RTC dismissed the petition, ruling that EO 567 was valid and constitutional because the constitutional
provision on local autonomy and the provisions of the LGC on devolution are impliedly written in RA 7842.
ISSUES + RULING:
o Petitioners aver that EO 567 is unconstitutional for violating the separation of powers because:
It amended Sec. 17(e), LGC which limits the devolution of basic facilities and services to LGUs to
only 6 months after the effectivity of the law; and
It violated the DOH’s IRR which provides that district health offices and district hospitals in NCR
are exempt from devolution.
o To be valid, an administrative issuance (such as an EO) must comply with the ff. requisites:
Its promulgation must be authorized by the legislature.
EO 567 was issued pursuant to Sec. 17, LGC1 which devolves to LGUs the delivery of basic
2
Sec. 17(e), LGC. (e) National agencies or offices concerned shall devolve to local government units the responsibility for the provision of basic services and
facilities enumerated in this Section within six (6) months after the effectivity of this Code.
As used in this Code, the term "devolution" refers to the act by which the national government confers power and authority upon the various local government
units to perform specific functions and responsibilities.
efficient partner in the attainment of national goals and providing basic health services
and facilities to the community. It implements the policy of decentralization set forth in
both the LGC and the Constitution.
The allegations of petitioners (that their rights were violated because they were
transferred to other facilities without being afforded with the necessary provisions for
expenses relative to their transfer and re-assignment) are too general and
unsubstantiated for the Court to pass upon them.