Pimentel v Aguirre

FACTS: The petitioners in this case seek to annul section 1 of Administrative Order No. 37. !t
re"uires local #overnment units toreduce their e$penditures %& '( of their authori)ed re#ular
appropriations for non personnel e$penditures. The& also seek to stopSection * +hich +ithholds a
portion of their !nternal ,evenue Allotment %& 1-(. AO *3 +as issued %& .res. /strada +hen he
assumed office. Thisreduced the amount +ithheld to '(. The petitioners ar#ued that the president
+ould in effect e$ercise the po+er of control over 012s.
The Solicitor 1eneral contended that this +as issued to alleviate economic difficulties3 that the
AO merel& 4directs5 012s to reduce their e$penditures and that the 1-( +ithholdin# is onl&
temporar&.
!SS2/: 6ON the sections of the AO are unconstitutional.
7/08: The 4re"uest5 for a reduction in e$penditures is le#al. The +ithholdin# of the !,A is
ille#al.
,AT!O: 8ecentrali)ation involves the devolution of national administration3 not po+er3 to 012s.
The decentrali)ation of po+er involves the a%dication of political po+er in favor of 012s
declared to %e autonomous. The polic& settin# in our countr& still lies +ith the president and +ith
con#ress. The 012s3 ho+ever3 still have fiscal autonom&. The& have the po+er to create their
o+n sources of revenue in addition to their share in the national ta$. The +ithholdin# is
e"uivalent to a hold%ack3 no matter ho+ temporar&. The +ordin#s of the la+ is clear that it shall
%e 4automaticall& released.5 The formulation9 implementation is su%:ect to consultation +ith the
appropriate pu%lic a#encies3 private sectors3 and012s.
;efore the .resident can interfere +ith fiscal matters of 012s3 the follo+in# must %e present:
1. 2nmana#ed pu%lic sector deficit
. Consultation +ith presidin# officers of the Senate and the 7ouse3 and the various local lea#ues<
3. ,ecommendation of the secretaries of the 8OF3 8!013 and ;=<
*. =ust not %e lo+er than 3-( of the collection of the national !, ta$es of 3rd
fiscal &ear precedin# the current one
Frivaldo vs COMELEC >'7 SC,A 77? @ the 0ocal 1overnment Code speaks of
4Aualifications5 of 4/0/CT!B/ OFF!C!A0S35 not of candidates. !n case of dou%t in the
interpretation or application of la+s3 it is to %e presumed that the la+Cmakin# %od& intended ri#ht
and :ustice to prevail.
,!BA08O vs. CO=/0/C
FACTS:
Duan 1. Frivaldo +as proclaimed #overnorCelect of the province of Sorso#on on Danuar& 1EFF3
and assumed office in due time. On 7 Octo%er 1EFF3 the lea#ue of =unicipalities3 Sorso#on
Chapter represented %& its .resident3 Salvador /stu&e3 +ho +as also suin# in his personal
capacit&3 filed +ith the Comelec a petition for the annulment of FrivaldoGs election and
proclamation on the #round that he +as not a Filipino citi)en3 havin# %een naturali)ed in the
2nited States on - Danuar& 1EF3. Frivaldo admitted that he +as naturali)ed in the 2nited States
as alle#ed %ut pleaded the special and affirmative defenses that he had sou#ht American
citi)enship onl& to protect himself a#ainst .resident =arcos. 7is naturali)ation3 he said3 +as
4merel& forced upon himself as a means of survival a#ainst the unrelentin# persecution %& the
=artial 0a+ 8ictatorGs a#ents a%road.5 7e also ar#ued that the challen#e to his title should %e
dismissed3 %ein# in realit& a "uo +arranto petition that should have %een filed +ithin 1- da&s
from his proclamation3 in accordance +ith Section '3 of the Omhi%us /lection Code.
!SS2/:
6hether Duan 1. Frivaldo +as a citi)en of the .hilippines at the time of his election on 1F
Danuar& 1EFF3 as provincial #overnor of Sorso#onH
7/08:
The Commission on /lections has the primar& :urisdiction over the "uestion as the sole :ud#e of
all contests relatin# to the election3 returns and "ualifications of the mem%ers of the Con#ress and
elective provincial and cit& officials. 7o+ever3 the decision on FrivaldoGs citi)enship has alread&
%een made %& the CO=/0/C throu#h its counsel3 the Solicitor 1eneral3 +ho cate#oricall& claims
that Frivaldo is a forei#ner. The SolicitorGs stance is assumed to have %%en taken %& him after
consultation +ith CO=/0/C and +ith its approval. !t therefore represents the decision of the
CO=/0/C itself that the Supreme Court ma& revie+. !n the certificate of candidac& filed on 1E
Novem%er 1EF73 Frivaldo descri%ed himself as a 4naturalC%orn5 citi)en of the .hilippines3
omittin# mention of an& su%se"uent loss of such status. The evidence sho+s3 ho+ever3 that he
+as naturali)ed as a citi)en of the 2nited States in 1EF3 per the certification from the 2nited
States 8istrict Court3 Northern 8istrict of California3 as dul& authenticated %& Bice Consul
Amado .. Corte) of the .hilippine Consulate 1eneral in San Francisco3 California3 2.S.A. There
+ere man& other Filipinos in the 2nited States similarl& situated as Frivaldo3 and some of them
su%:ect to #reater risk than he3 +ho did not find it necessar& I nor do the& claim to have %een
coerced I to a%andon their cherished status as Filipinos. Still3 if he reall& +anted to disavo+ his
American citi)enship and reac"uire .hilippine citi)enship3 Frivaldo should have done so in
accordance +ith the la+s of our countr&. 2nder CA No. J3 as amended %& CA No. *73 and .8
No. 7'3 .hilippine citi)enship ma& %e reac"uired %& direct act of Con#ress3 %& naturali)ation3 or
%& repatriation. 7e failed to take such cate#orical acts. ,he anomal& of a person sittin# as
provincial #overnor in this countr& +hile o+in# e$clusive alle#iance to another countr& cannot %e
permitted. The fact that he +as elected %& the people of Sorso#on does not e$cuse this patent
violation of the salutar& rule limitin# pu%lic office and emplo&ment onl& to the citi)ens of this
countr&. The +ill of the people as e$pressed throu#h the %allot cannot cure the vice of
ineli#i%ilit&. Aualifications for pu%lic office are continuin# re"uirements and must %e possessed
not onl& at the time of appointment or election or assumption of office %ut durin# the officerGs
entire tenure. Once an& of the re"uired "ualifications is lost3 his title ma& %e seasona%l&
challen#ed. Frivaldo is dis"ualified from servin# as #overnor of Sorso#on.
Case Digest on Torayno v. COMELEC G.R. NO. 1!"# $August #% "&&&'
FACTS: This case involves a petition for "uo +arranto filed a#ainst the respondent on the #round
that he +as not a%le to fulfill the re"uirement of residenc& of 1C&r in Ca#a&an de Oro Cit& +hen
he ran for ma&or. ,espondent previousl& served as #overnor of =isamis Oriental for 3
consecutive terms %efore he re#istered as a voter in Ca#a&an de Oro Cit& and su%se"uentl& ran
for ma&or.
7/08: ,espondent +as a%le to fulfill the residenc& re"uirement needed for him to "ualif& as a
ma&oralt& candidate. 7e %ou#ht a house in Ca#a&an de Oro Cit& in 1E73. 7e actuall& resided
there %efore he re#istered as a voter in that cit& in 1EE7.
Facts:
/mano +as elected provincial #overnor of =isamis Oriental and durin# his last term as #overnor3
he e$ecuted a Boter ,e#istration ,ecord in Ca#a&an de Oro and he conse"uentl& filed his
Certificate of Candidac& for ma&or of the said cit&. 7e stated therein that hisresidence for the
precedin# t+o &ears and five months +as at 1usa3 Ca#a&an de Oro Cit&. Tora&no3 et.al.3 all
residents of Ca#a&an de Oro Cit&3 filed a petition %efore Comelec seekin# the dis"ualification of
/mano on the #round that he failed to meet the oneC&ear residenc& re"uirement.
!SS2/:
8id /mano meet the residenc& re"uirement for ma&orshipH
7eld:
K/S. Section 3E of the 0ocal 1overnment Code >01C? re"uires the residenc& of at least one&ear
immediatel& precedin# the da& of the election. Comelec found that /mano and his famil&had
actuall& %een residin# in 1usa3 Ca#a&an de Oro Cit&3 in a house he had%ou#ht. Furthermore3
durin# the three terms that he +as #overnor of =isamis Oriental3 heph&sicall& lived in that cit&3
+here the seat of the provincial #overnment +as located. Ca#a&ande Oro Cit& +as once an
inte#ral part of =isamis Oriental and remains a #eo#raphical part of the province.
The re"uisite period +ould #ive candidates the opportunit& to %e familiar +ith their desired
constituencies3 and like+ise for the electorate to evaluate their "ualifications and fitness for the
offices the& seek.