PELAEZ v. AUDITOR GENERAL
Re: Municipal Corporation
FACTS: Then Pres. Diosdado Macapagal issued several EOs creating 33 municipalities in Mindanao after the legislative bills creating said municipalities failed to pass Congress. The former Pres. justified the creation of these municipalities citing his powers under Sec. 68 of the Revised Administrative Code. Petitioner contended that the EOs are null and void, Sec. 68 having been repealed by RA 2370, and that said orders constituted an undue delegation of legislative power.
FACTS: WON the EOs are valid.
HELD: No. The EOs are null and void as Sec. 68 of the Revised Administrative Code did not meet the well-settled requirements for a valid delegation of legislative power to the executive branch. Further, the nullity of the issueances was the consequence of the enactment of the 1935 Constitution which reduced the power of the Chief Executive over LGUs to mere general supervision. Hence, the President cannot interfere with local governments, so long as the same or its officers act within the scope of their authority. He may not enact an ordinance which the municipal council has failed or refused to pass, even if it had thereby violated a duty imposed thereto by law, although he may see to it that the corresponding provincial officials take appropriate disciplinary action therefor. Neither may he vote, set aside or annul an ordinance passed by said council within the scope of its jurisdiction, no matter how patently unwise it may be. He may not even suspend an elective official of a regular municipality or take any disciplinary action against him, except on appeal from a decision of the corresponding provincial board.
*Note Bene: The power to create municipal corporations is purely legislative and not an administrative power. The Congress enjoys this power. The provincial board, however, acting on a delegated power, may create barrios within their jurisdiction subject to the requirements set forth in the LGC.
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