POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

X. EXECUTIVE DEPARTMENT

C. Powers of the President

3. Power of Control and Supervision

c. Local Government Units (LGU)

The powers of the President over Local Government Units (LGUs) are delineated under the Constitution, laws, and jurisprudence. This concerns the critical distinction between the power of control and the power of supervision, the President's authority in relation to LGUs, and the limitations placed on executive intervention in local governance. Let’s examine each in detail:

1. Power of Control vs. Power of Supervision

Control refers to the power to alter or modify decisions made by subordinates and to direct the manner in which they perform their functions, whereas supervision is merely the authority to ensure that such subordinates act within the law.

Control: When a superior officer exercises control over a subordinate, they can substitute their judgment for that of the subordinate, reverse or modify decisions, or even exercise the power themselves.
Supervision: This is a more limited power, confined to ensuring that laws are faithfully executed. In supervision, the superior officer can only intervene if there is a violation of law or abuse of discretion.

In the context of LGUs, the President does not have control but only supervision, as provided for under the 1987 Constitution.

2. Constitutional Framework

Article X, Section 4 of the 1987 Constitution clearly provides that:

"The President of the Philippines shall exercise general supervision over local governments."

This provision establishes that the President's relationship with LGUs is supervisory, not one of control. This limitation is a manifestation of the principle of local autonomy, which is constitutionally recognized and protected.

Local Autonomy: Local government autonomy allows LGUs to govern themselves with minimal interference from the national government. It aims to decentralize power and enhance accountability and responsiveness to local needs.

3. Statutory Basis - Local Government Code of 1991 (RA 7160)

The Local Government Code of 1991 further operationalizes the supervisory role of the President over LGUs. The Code empowers LGUs to manage their affairs within the bounds of the law and grants them considerable discretion in decision-making, including the power to generate revenues, legislate local policies, and implement development programs.

Section 25 of the Local Government Code expressly states that the President shall exercise general supervision over LGUs "to ensure that the acts of their chief executives and other local officials are within the scope of their prescribed powers and functions."
Section 4 further underscores local autonomy, stipulating that "no rules or regulations shall diminish the autonomy of local governments."

Thus, the President cannot encroach upon the functions or operations of LGUs unless they act in violation of law.

4. Scope of the President's Supervision over LGUs

The President’s supervisory powers are limited to ensuring compliance with national laws. This is operationalized through mechanisms such as:

Department of the Interior and Local Government (DILG): The DILG is the primary agency that ensures LGUs follow laws, policies, and directives from the national government. It provides guidance and monitors LGUs' adherence to legal frameworks.
Oversight Functions: Through the DILG, the President may:
- Review and approve budgets of LGUs.
- Ensure compliance with laws in LGU ordinances, decisions, and actions.
- Suspend or remove local officials in cases of gross misconduct, abuse of authority, or violation of law, as prescribed by the Local Government Code.

However, the President cannot dictate policy or interfere in purely local matters unless there is a clear breach of law.

5. Grounds for Intervention by the President

The Constitution and law allow for Presidential intervention in LGU affairs under certain circumstances. These include:

Illegality of LGU Acts: The President may step in if an LGU enacts measures or policies contrary to the law. For instance, local ordinances that conflict with national statutes may be struck down after review.
Gross Misconduct or Abuse of Authority: The President can initiate actions against local officials guilty of gross misconduct or abuse of authority. The Local Government Code provides mechanisms for the suspension or removal of erring officials, subject to the procedural requirements outlined in the law (e.g., due process, investigation).
Emergency Powers and Takeover: In extreme cases, such as during a national emergency, the President can take over certain functions of local governments to preserve public safety and order. This is permissible under Section 17, Article XII of the Constitution but must meet stringent requirements, such as ensuring it is for the duration of the emergency.

6. Limitations on the Power of Supervision

While the President has the power to ensure LGU compliance with the law, this power is subject to limitations:

No Substitution of Judgment: The President, through the DILG or other means, cannot substitute his or her judgment for that of local officials in matters within the LGU's discretion. This principle prevents the overreach of national power into local governance.
Due Process Requirements: Any attempt to suspend or remove local officials must follow strict procedural rules, including due notice, the opportunity for the official to defend themselves, and a fair hearing. The process is outlined in the Local Government Code.
Decentralization and Autonomy: The principle of decentralization restricts the national government's interference in purely local matters, reinforcing the LGU's autonomy in areas such as budgeting, legislative powers, and local development. The national government can only intervene to correct violations of law or abuse of discretion.

7. Jurisprudence on Presidential Supervision Over LGUs

Jurisprudence has clarified and reaffirmed the supervisory nature of the President's powers over LGUs:

Ganzon v. Court of Appeals (G.R. No. 93252, 1991): The Supreme Court emphasized the distinction between control and supervision, ruling that the President's power over LGUs is merely supervisory. This means that while the President may ensure that LGUs comply with the law, he or she cannot dictate or overrule discretionary decisions within the LGU's jurisdiction.
Dadole v. COA (G.R. No. 125350, 1998): The Court reiterated that local governments enjoy local autonomy under the Constitution and the Local Government Code, and the President’s role is confined to ensuring that their actions comply with the law.
Pimentel v. Aguirre (G.R. No. 132988, 2000): This case struck down the national government's attempt to unilaterally impose restrictions on the use of LGU funds without legislative authority. The Court underscored that the President could not interfere in LGU budgeting processes absent a legal basis.

8. Summary

The President of the Philippines exercises supervision but not control over Local Government Units (LGUs). This supervisory power is limited to ensuring compliance with national laws and regulations, but it does not extend to dictating policies or decisions on purely local matters. LGUs enjoy considerable autonomy under the 1987 Constitution and the Local Government Code of 1991, which protects them from undue interference by the national government.

The President may only intervene in LGU affairs in specific instances, such as violations of law, gross misconduct, abuse of authority, or national emergencies. This framework ensures a balance between local autonomy and national oversight, preventing over-centralization of power while maintaining legal compliance across different levels of government.

The jurisprudential backdrop reinforces the President's limited role in LGU governance, underscoring the importance of decentralization and local autonomy in the Philippine system of governance.