De Leon v.

Esguerra
- Petitioners are incumbent barangay officials. Respondents are
governors who filed a memorandum replacing petitioners.
- Petitioners argue that under the BP222 (Barangay Election Code),
their term was for 6 years and therefore the memorandum is null
and void.
- Respondents argue that under provisional Constitution, all
officials under the 1973 Consti are subject to any subsequent
appointments that are made 1 year from Feb. 25, 1986.
- PROBLEM = memorandum made Feb. 8, 1987 >> which is
within 1 year deadline
- ISSUE: WoN the memorandum was a valid proclamation to
appoint new officials.
- RULING: Respondents cannot replace petitioners
- with the passing and ratification of 1987 Consti on FEB. 2,
the provisional Consti is deemed superceded and therefore
Respondent cannot rely on it to replace petitioners.
- This means that petitioners now have security of tenure because
the 1987 consti ensures autonomy of locgovs >>> under Sec. 8
of Art. X, terms of barangay officials are 3 years >>> before any
law is passed fixing the length of term of office, the original 6
year term should still govern.
- There is no inconsistency with the 3 year and 6 year terms. >>>
Sec. 3 of Art. 18 = Sec. 3. All existing laws, decrees, executive
orders, proclamations letters of instructions, and other executive
issuances not inconsistent, with this Constitution shall remain
operative until amended, repealed or revoked.
- DISSENT: 1987 consti was ratified on Feb. 11 when it was
proclaimed ratified, and not on the day of ratification itself.

San Juan v. CSC

- Provincial Budget Officer of Rizal was left vacant. Petitioner, as
Rizal Governor, nominated Dalisay Santos. However, DBM
Director Abella recommended Almajose instead.
- DBM eventually approved Almajoses appointment.
- Petitioner argument = Under Section 1 of Executive Order No.
112., he has the sole right and privilege to recommend the
nominees to the position of PBO and that the appointee should
come only from his nominees.
o Petitioner states that the phrase of said law: "upon
recommendation of the local chief executive concerned"
must be given mandatory application in consonance with
the state policy of local autonomy

On the other hand, DBM says that the governors

recommendation is merely DIRECTORY

RULING - petitioner's power to recommend is subject to the

qualifications prescribed by existing laws for the position of PBO. The
problem is when the governor appoints an unqualified person. What
exactly can the DBM do? Can it appoint anyone?
>>> NOPE. This issue involves the importance of Local Autonomy
under the COnsti.
- President controls the executive departments. He has no such
power over local governments. He has only supervision and that
supervision is both general and circumscribed by statute.
- Thereby, DBM Circular is ultra vires and is, accordingly, set aside.
The DBM may appoint only from the list of qualified
recommendees nominated by the Governor. If none is qualified,
he must return the list of nominees to the Governor explaining
why no one meets the legal requirements and ask for new
recommendees who have the necessary eligibilities and
qualifications.
Ganzon v. CA
- Ganzon was mayor of Iloilo. There were 10 complaints filed
against him for various grounds.
- Sec. of Local Governments issued suspension orders amounting
to 600 days. Ganzon contended that Sec. does not have
authority because as alter-ego of president, supervisory lang
siya.
- RULING Sec. has authority.
- Legally, supervision is not incompatible with disciplinary
authority.
- SC discussed scope and nature of control and supervision.
o 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.
o 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
- 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.
- HOWEVER, here the Sec. abused authority. 600 days too long.