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Limbona vs. Mangelin which the central government commits an act of self
G.R. No. 80391. February 28, 1989. * immolation. Presidential Decree No. 1618, in the first place,
SULTAN ALIMBUSAR P. LIMBONA, mandates that “[t]he President shall have the power of general
supervision and control over Autonomous Regions.” In the
petitioner, vs. CONTE MANGELIN, SALIC ALI, second place, the Sangguniang Pampook, their legislative arm,
SALINDATO ALI, PILIMPINAS CONDING, ACMAD is made to discharge chiefly administrative services. x x x
TOMAWIS, GERRY TOMAWIS, JESUS ORTIZ, Hence, we assume jurisdiction. And if we can make an inquiry
ANTONIO DELA FUENTE, DIEGO PALOMARES, JR., in the validity of the expulsion in question, with more reason
RAKIL DAGALANGIT, and BIMBO SINSUAT, can we review the petitioner’s removal as Speaker.
respondents.
_______________
Constitutional Law; Due Process in Administrative
Proceedings;Access to Judicial Remedies; No one may be EN BANC.
*
787
punished for seeking redress in the courts, unless the recourse
VOL. 170, FEBRUARY 28, 1989 787
amounts to malicious prosecution.—In the second place, the
Limbona vs. Mangelin
resolution appears strongly to be a bare act of vendetta by the
other Assemblyman against the petitioner arising from what Same; Same; Same; Decentralization; Autonomy is either
the former perceive to be obduracy on the part of the latter. decentralization of administration or decentralization of power.
Indeed, it (the resolution) speaks of “a case [having been filed] —Now, autonomy is either decentralization of administration
[by the petitioner] before the Supreme Court . . . on question or decentralization of power. There is decentralization of
which should have been resolved within the confines of the administration when the central government delegates
Assembly—an act which some members claimed unnecessarily administrative powers to political subdivision in order to
and unduly assails their integrity and character as broaden the base of government power and in the process to
representative of the people,” an act that cannot possibly make local governments “more responsive and accountable,”
justify expulsion. Access to judicial remedies is guaranteed by and “ensure their fullest development as selfreliant
the Constitution, and, unless the recourse amounts to communities and make them more effective partners in the
malicious prosecution, no one may be punished for seeking pursuit of national development and social progress.” At the
redress in the courts. same time, it relieves the central government of the burden of
Same; Autonomous Regions; Administrative Law; The managing local affairs and enables it to concentrate on
autonomous governments of Mindanao are subject to the national concerns. The President exercises “general
supervision” over them, but only to “ensure that local affairs
jurisdiction of our national courts.—An examination of the
are administered according to law.” He has no control over
very Presidential Decree creating the autonomous
their acts in the sense that he can substitute their judgments
governments of Mindanao persuades us that they were never
with his own.
Same; Same; Same; Same; Same; Decentralization of Sangguniang Pampook, Regional Autonomous
power involves an abdication of political power in favor of local Government, Region XII, representing Lanao del Sur.
government units declared to be autonomous.—
2. 2.On March 12, 1987 petitioner was elected Speaker of
Decentralization of power, on the other hand, involves an
the Regional Legislative Assembly or Batasang
abdication of political power in favor of local government units
Pampook of Central Mindanao (Assembly for brevity).
declared to be autonomous. In that case, the autonomous
government is free to chart its own destiny and shape its
3. 3.Said Assembly is composed of eighteen (18) members.
future with minimum intervention from central authorities.
Two of said members, respondents Acmad Tomawis
According to a constitutional author, decentralization of power
and Rakil Dagalangit, filed on March 23, 1987 with
amounts to “selfimmolation,” since in that event, the
the Commission on Elections their respective
autonomous government becomes accountable not to the
certificates of candidacy in the May 11, 1987
central authorities but to its constituency.
congressional elections for the district of Lanao del
Sur but they later withdrew from the aforesaid
PETITION to review the decision of the Sangguniang
election and thereafter resumed again their positions
Pampook of Region XII, Cotabato City.
as members of the Assembly.
The facts are stated in the opinion of the Court.
4. 4.On October 21, 1987 Congressman Datu Guimid
Ambrosio Padilla, Mempin & Reyes Law Offices for Matalam, Chairman of the Committee on Muslim
petitioner. Affairs of the House of Representatives, invited Mr.
Makabangkit B. Lanto for respondents. Xavier Razul, Pampook Speaker of Region XI,
Zamboanga City and the petitioner in his capacity as
SARMIENTO, J.: Speaker of the Assembly, Region XII, in a letter which
reads:
The acts of the Sangguniang Pampook of Region XII are
assailed in this petition. The antecedent facts are as The Committee on Muslim Affairs will undertake consultations and
dialogues with local government officials, civic, religious
follows: organizations and traditional leaders on the recent and present
788
political developments and other issues affecting Regions IX and XII.
788 SUPREME COURT REPORTS ANNOTATED The result of the conference, consultations and dialogues would
Limbona vs. Mangelin hopefully chart the autonomous governments of the two regions as
envisioned and may prod the President to constitute immediately the
1. 1.On September 24, 1986, petitioner Sultan Alimbusar Regional Consultative Commission as mandated by the Commission.
Limbona was appointed as a member of the You are requested to invite some members of the Pampook
Assembly of your respective assembly on November 1 to 15, 1987,
with venue at the Congress of the Philippines. Your presence, 2. 2.Conding, Pilipinas (sic)
unstinted support and cooperation is (sic) indispensable.
3. 3.Dagalangit, Rakil
1. 5.Consistent with the said invitation, petitioner sent a
telegram to Acting Secretary Johnny Alimbuyao of the 4. 4.Dela Fuente, Antonio
Assembly to wire all Assemblymen that there shall be
no session in November as “our presence in the house 5. 5.Mangelen, Conte
committee hearing of Congress take (sic) precedence
over any pending business in batasang pampook x x 6. 6.Ortiz, Jesus
x.”
7. 7.Palomares, Diego
2. 6.In compliance with the aforesaid instruction of the
petitioner, Acting Secretary Alimbuyao sent to the 8. 8.Sinsuat, Bimbo
members of the Assembly the following telegram:
9. 9.Tomawis, Acmad
789
VOL. 170, FEBRUARY 28, 1989 789 10. 10.Tomawis, Jerry
Limbona vs. Mangelin
TRANSMITTING FOR YOUR INFORMATION AND GUIDANCE After declaring the presence of a quorum, the Speaker Pro
TELEGRAM RECEIVED FROM SPEAKER LIMBONA QUOTE Tempore was authorized to preside in the session. On Motion
CONGRESSMAN JIMMY MATALAM CHAIRMAN OF THE to declare the seat of the Speaker vacant, all Assemblymen in
HOUSE COMMITTEE ON MUSLIM AFFAIRS REQUESTED ME
attendance voted in the affirmative, hence, the chair declared
TO ASSIST SAID COMMITTEE IN THE DISCUSSION OF THE
said seat of the Speaker vacant.
PROPOSED AUTONOMY ORGANIC NOV. 1ST TO 15. HENCE
WIRE ALL ASSEMBLYMEN THAT THERE SHALL BE NO
SESSION IN NOVEMBER AS OUR PRESENCE IN THE HOUSE 1. 8.On November 5, 1987, the session of the Assembly
COMMITTEE HEARING OF CONGRESS TAKE PRECEDENCE resumed with the following Assemblymen present:
OVER ANY PENDING BUSINESS IN BATASANG PAMPOOK OF
MATALAM FOLLOWS UNQUOTE REGARDS. 1. 1.Mangelen Conte—Presiding Officer
1. 7.On November 2, 1987, the Assembly held session in 2. 2.Ali Salic
defiance of petitioner’s advice, with the following
assemblymen present: 3. 3.Ali Salindatu
1. 1.Sali, Salic 4. 4.Aratuc, Malik
5. 5.Cajelo, Rene Evangelista as Acting Secretary in the session last
November 2, 1987 be reconfirmed in today’s session.
6. 6.Conding, Pilipinas (sic) HON. SALIC ALI: I second the motions.
PRESIDING OFFICER: Any comment or objections on
7. 7.Dagalangit, Rakil
the two motions presented? The chair hears none and
the said motions are approved. x x x.
8. 8.Dela Fuente, Antonio
Twelve (12) members voted in favor of the motion to
9. 9.Ortiz, Jesus declare the seat of the Speaker vacant; one abstained and
none voted against. 1
An excerpt from the debates and proceeding of said session 4. (d)Holding the election of petitioner as Speaker of said
reads: Legislative Assembly or Batasan Pampook, Region XII
HON. DAGALANGIT: Mr. Speaker, Honorable Members held on March 12, 1987 valid and subsisting; and
of the House, with the presence of our colleagues who
have come to attend the session today, I move to call 5. (e)Making the injunction permanent.
the names of the new comers in order for them to cast
________________
their votes on the previous motion to declare the
position of the Speaker vacant. But before doing so, I Rollo, 115120; emphasis in the original.
1
791
move also that the designation of the Speaker Pro
VOL. 170, FEBRUARY 28, 1989 791
Tempore as the Presiding Officer and Mr. Johnny
Limbona vs. Mangelin We do not agree that the case has been rendered moot
Petitioner likewise prays for such other relief as may be and academic by reason simply of the expulsion
just and equitable. 2
resolution so issued. For, if the petitioner’s expulsion was
Pending further proceedings, this Court, on January 19, done purposely to
1988, received a resolution filed by the Sangguniang
Pampook, “EXPELLING ALIMBUSAR P. LIMBONA _______________
Id., 134135.
3
caused to be prepared and signed by him paying [sic] the Id.
5
expulsion of the petitioner (pending litigation) has made private respondents aver that “[t]he Assemblymen, in a
the case moot and academic. conciliatory gesture, wanted him to come to Cotabato
City,” but that was “so that their differences could be
10
threshed out and settled.” Certainly, that avowed
11
solved within the confines of the Assembly—an act which
wanting or desire to thresh out and settle, no matter how some members claimed unnecessarily and unduly assails
conciliatory it may be cannot be a substitute for the their integrity and character as representative of the
notice and hearing contemplated by law. people,” an act that cannot possibly justify expulsion.
13
notice and that a party need only be given the malicious prosecution, no one may be punished for
opportunity to be heard, it does not appear herein that
12
seeking redress in the courts.
the petitioner had, to begin with, been made aware that We therefore order reinstatement, with the caution
he had in fact stood charged of graft and corruption that should the past acts of the petitioner indeed warrant
before his collegues. It cannot be said therefore that he his removal, the Assembly is enjoined, should it still be so
was accorded any opportunity to rebut their accusations. minded, to commence proper proceedings therefor in line
As it stands, then, the charges now levelled amount to with the most elementary requirements of due process.
mere accusations that cannot warrant expulsion. And while it is within the discretion of the members of
In the second place, the resolution appears strongly to the Sanggunian to punish their erring colleagues, their
be a bare act of vendetta by the other Assemblymen acts are nonetheless subject to the moderating hand of
against the petitioner arising from what the former this Court in the event that such discretion is exercised
perceive to be abduracy on the part of the latter. Indeed, with grave abuse.
it (the resolution) speaks of “a case [having been filed] [by It is, to be sure, said that precisely because the
the petitioner] before the Supreme Court . . . on question Sangguniang Pampook(s) are “autonomous,” the courts
which should have been re may not rightfully intervene in their affairs, much less
strike down their acts. We come, therefore, to the second
_______________
issue: Are the socalled autonomous governments of
Id., 141.
9 Mindanao, as they are now constituted, subject to the
Id.
10 jurisdiction of the national courts? In other words, what
Id.
11 is the extent of selfgovernment given to the two
VarOrient Shipping Co., Inc. v. Achacoso, G.R. No. 81805, May 31,
12
autonomous governments of Region IX and XII?
1988. The autonomous governments of Mindanao were
793
organized in Regions IX and XII by Presidential Decree
VOL. 170, FEBRUARY 28, 1989 793
No. 1618 promulgated on July 25, 1979. Among other
15
the two regions “[w]ithin the framework of the national
sovereignty and territorial integrity of the Republic of the 5. (5)Disposition, exploration, development,
Philippines and its Constitu exploitation or utilization of all natural resources;
_______________ 6. (6)Air and sea transport;
Id., 135.
13
7. (7)Postal matters and telecommunications;
See CONST. (1987), art. III, sec. 11.
14
794
794 SUPREME COURT REPORTS ANNOTATED 10. (10)Citizenship and naturalization;
Limbona vs. Mangelin
11. (11)National economic, social and educational
tion,” “with legislative and executive machinery to
17
planning; and
exercise the powers and responsibilites” specified
18
time, it relieves the central government of the burden of CONST. (1987), supra, art. X, sec. 4; Batas Blg. 337, supra, sec. 14.
25
managing local affairs and enables it to concentrate on Batas Blg. 337, supra; Hebron v. Reyes, 104 Phil. 175 (1958).
26
Chronicle, pp. 45.
affairs are administered according to law.” He has no
26
796
control over their acts in the sense that he can substitute
796 SUPREME COURT REPORTS ANNOTATED
their judgments with his own. 27
Supra, sec. 15.
31 8. (8)Establishment, operation and maintenance of health,
Batas Blg. 337, supra, sec. 14.
32 welfare and other social services, programs and
797 facilities;
9. (9)Preservation and development of customs, traditions, since the Assembly was then on recess; and (2) assuming
languages and culture indigenous to the Autonomous that it was valid, his ouster was ineffective nevertheless
Region; and for lack of quorum.
Upon the facts presented, we hold that the November
10. (10)Such other matters as may be authorized by law,
2 and 5, 1987 sessions were invalid. It is true that under
including the enactment of such measures as may be
Section 31 of the Region XII Sanggunian Rules,
necessary for the promotion of the general welfare of
the people in the Autonomous Region. “[s]essions shall not be suspended or adjourned except by
direction of the Sangguniang Pampook,” but it provides
35
The President shall exercise such powers as may be likewise that “the Speaker may, on [sic] his discretion,
necessary to assure that enactment and acts of the declare a recess of “short intervals.” Of course, there is
36
regard, since clearly, the Rules speak of “short intervals.”
Pres. Decree No. 1618, supra, sec. 35 (b). Whether or not it is
33
Secondly, the Court likewise agrees that the Speaker
constitutional for the President to exercise control over the Sanggunians
could not have validly called a recess since the Assembly
is another question.
Supra, sec. 7.
34
had yet to convene on November 1, the date session opens
798 under the same Rules. Hence, there can be no recess to
38
798 SUPREME COURT REPORTS ANNOTATED speak of that could possibly interrupt any session. But
Limbona vs. Mangelin while this opinion is in accord with the respondents’ own,
Briefly, the petitioner assails the legality of his ouster as we still invalidate the twin sessions in question, since at
Speaker on the grounds that: (1) the Sanggunian, in the time the petitioner called the “recess,” it was not a
convening on November 2 and 5, 1987 (for the sole settled matter whether or not he could do so. In the
purpose of declaring the office of the Speaker vacant), did second place, the invitation tendered by the Committee
so in violation of the Rules of the Sangguniang Pampook
on Muslim Affairs of the House of Representatives Neither are we, by this disposition, discouraging the
provided a plausible reason for the Sanggunian from reorganizing itself pursuant to its
lawful prerogatives. Certainly, it can do so at the proper
_______________
time. In the event that he petitioner should initiate
Rollo, id., 122.
35 obstructive moves, the Court is certain that it is armed
Id.
36 with enough coercive remedies to thwart them. 39
Id., 145146.
37 In view hereof, we find no need in dwelling on the
Id., 121.
38
issue of quorum.
799 WHEREFORE, premises considered, the petition is
VOL. 170, FEBRUARY 28, 1989 799 GRANTED. The Sangguniang Pampook, Region XII, is
Limbona vs. Mangelin ENJOINED to (1) REINSTATE the petitioner as
intermission sought. Thirdly, assuming that a valid Member, Sangguniang Pampook, Region XII; and (2)
recess could not be called, it does not appear that the REINSTATE him as Speaker thereof. No costs.
respondents called his attention to this mistake. What SO ORDERED.
appears is that instead, they opened the sessions Fernan, (C.J.), Narvasa, Melencio
themselves behind his back in an apparent act of mutiny.
Herrera, Gutierrez,
Under the circumstances, we find equity on his side. For
Jr.,Cruz, Paras, Feliciano, Gancayco, Bidin, Cortés, Griñ
this reason, we uphold the “recess” called on the ground
of good faith. oAquino,
It does not appear to us, moreover, that the petitioner
_______________
had resorted to the aforesaid “recess” in order to forestall
the Assembly from bringing about his ouster. This is not See Avelino v. Cuenco, 83 Phil. 17 (1949).
39
apparent from the pleadings before us. We are convinced 800