Petitioner, Sultan Alimbusar Limbona, was elected Speaker of the Regional Legislative Assembly or Batasang Pampook of Central Mindanao (Assembly). On October 21, 1987 Congressman Datu Guimid Matalam, Chairman of the Committee on Muslim Affairs of the House of Representatives, invited petitioner in his capacity as Speaker of the Assembly of Region XII in a consultation/dialogue with local government officials. Petitioner accepted the invitation and informed the Assembly members through the Assembly Secretary that there shall be no session in November as his presence was needed in the house committee hearing of Congress. However, on November 2, 1987, the Assembly held a session in defiance of the Limbona's advice, where he was unseated from his position. Petitioner prays that the session's proceedings be declared null and void and be it declared that he was still the Speaker of the Assembly. Pending further proceedings of the case, the SC received a resolution from the Assembly expressly expelling petitioner's membership therefrom. Respondents argue that petitioner had "filed a case before the Supreme Court against some members of the Assembly on a question which should have been resolved within the confines of the Assembly," for which the respondents now submit that the petition had become "moot and academic" because of its resolution.
Issues:
1. Whether or not the expulsion of the petitioner (pending litigation) has made the case moot and academic.
2. Are the so-called autonomous governments of Mindanao subject to the jurisdiction of the national courts? In other words, what is the extent of self-government given to the two autonomous governments of Region 9 and 12?
Ruling:
1. The Court does not agree that the case is moot and academic simply by reason of the expulsion resolution that was issued. If the expulsion was done purposely to make the petition moot and academic, it will not make it academic. On the ground of due process, the Court hold that the expulsion is without force and effect. First, there is no showing that the Sanggunian had conducted an investigation. It also does not appear that the petitioner had been made aware that he was charged with graft and corruption before his colleagues. It cannot be said therefore that he was accorded any opportunity to rebut their accusations. As it stands, the charges now are leveled amount to mere accusations that cannot warrant expulsion. Thus, the Court ordered reinstatement of the petitioner.
2. The autonomous governments of Mindanao were organized in Regions 9 and 12 by Presidential Decree No. 1618. In relation to the central government, the Presidential Decree provides that “the President shall have the power of general supervision and control over the Autonomous Regions...” Now, autonomy is either decentralization of administration or decentralization of power. There is decentralization of administration when the central government delegates administrative powers to political subdivisions in order to broaden the base of government power and in the process to make local governments “more responsive and accountable,” “and ensure their fullest development as self-reliant communities and make them more effective partners in the pursuit of national development and social progress.” At the same time, it relieves the central government of the burden of managing local affairs and enables it to concentrate on national concerns. The president exercises “general supervision” over them, but only to “ensure that local affairs are administered according to law.” He has not control over their acts in the sense that he can substitute their judgments with his own. Decentralization of power, on the other hand, involves an abdication of political power in the favor of local government units declared to be autonomous. In that case, the autonomous government is free to chart its own destiny and shape its future with minimum intervention from central authorities.
According to the Supreme Court, an examination of the very Presidential Decree creating the autonomous governments of Mindanao persuades us to believe that they were never meant to exercise autonomy through decentralization of power. The Presidential Decree, in the first place, mandates that “the President shall have the power of general supervision and control over Autonomous Regions.” In the second place, the Sangguniang Pampook, their legislative arm, is made to dischage chiefly administrative services. Thus, the SC assumes jurisdiction.
Upon the facts presented, the Court finds two sessions held on November to be invalid. Wherefore, the petition is Granted. The petitioner is reinstated as Member and speaker of the Sanggunian.
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