Digest Author: Margreth Rizzini A.

Montejo

Viola vs Alunan III
GR NO. 115844
Petitioner: Cesar G. Viola, Chairman, Bgy. 167, Zone 15, District II, Manila
Respondent: Hon. Rafael M. Alunan III, Secretary, DILG, Alex L. David,
President/Secretary General, National Liga ng mga Barangay, Leonardo
Angat, President, City of Manila, Liga ng mga Barangay
Petition:
Prohibition challenging the validity of Revised Implementing Rule and
Guidelines for the General Elections of the Liga ng mga Barangay
Officers
Ponente:
J. Mendoza
Date:
August 15, 1997
Facts:
On July 11, 1994, the First Barangay National Assembly adopted the Constitution
and By-Laws of the Liga ng mga Baranggay which actually created the Revised
Implementing Rules and Guidelines for the General Elections of the Liga ng mga
Barangay Officers. This provides the election of first, second, and third vice presidents
and auditors (in addition to president, executive vice president and five directors).
Petitioner contends the following:
1. That positions in question are in excess of those provided in the Local
Government Code
2. That in providing for those positions in question, the Implementing Rules violated
the principle of addition or detraction from the provisions of the law they are
designed to implement
Petitioner brought this action to restrain respondents from carrying out the
elections for the questioned positions on July 3, 1994. Although elections was now over,
the Court decided to proceed to the merits of this case because the issues raised are most
likely to rise again in future elections.
Issue/s:
1. Are the positions created without the authority of the law?
2. In relation to Article 6, can the Congress delegate power to create positions such
as the ones questioned?
Ruling:
1. No. The creation of the questioned positions was actually made in the
Constitution and By-Laws of the Liga ng mga Barangay, which was adopted by
the First Barangay National Assembly. Also, it was required by the Local
Government Code, which provides, The board shall appoint its secretary and
treasurer and create such other positions as it may deem necessary for the
management of the chapter.

2. No. The Congress can delegate power to create the said positions. The court has
settled the said matter and upheld the validity of reorganization statutes
authorizing the President to create, abolish, or merge offices in the executive
department as long as there is a sufficient standard in regulating administrative
discretion. As provided in Section 493 of the Local Government Code, the phrase
create such other positions as may be deemed necessary for the management of
the chapters is not only authorizing the creation but also requiring it.
Dispositive: Petition is DISMISSED for lack of merits.
Notes:
In the discussion of the case, the ponente included his rebuttal of Justice Davides
Dissent. The ponente argues:
1. That the Barangay National Assembly was not unauthorized and illegal.
Hence, the positions created are void.
2. That its provisions gave the power to create as well for it to be deemed
different from the local chapters.
Dissenting Opinion:
Justice Davide, Jr. contends that there is no provision of the Local Government
Code which creates or established the Barangay National Assembly. Rather than the
creation of the questioned positions, the Local Government Code stabled the Liga ng mga
Barangay with local chapters. There is no evidence at all that the so-called First
Barangay National Assembly was the committee constituted in pursuant to Article 211 of
the Implementing Rules. Also, he further argues that the principles on statutory
construction reveal only appointive and not elective positions can be created.