THE Supreme Court (SC) has affirmed the constitutionality of three circulars issued by the late interior secretary, Jesse Robredo, that promote transparency and accountability among the different local government units (LGUs).
SC Spokesman Theodore Te, in a news briefing, announced that the Court en banc, during its regular session on Tuesday, voted unanimously to junk the petition filed by former Camarines Sur Gov. Luis Raymond Villafuerte Jr., questioning the legality of Memorandum Circulars (MCs) 2010-83, 2010-138 and 2011-08 for “lack of merit.”
The circulars were issued by Robredo during his term at the Department of the Interior and Local Government (DILG) between 2010 and 2011.
Robredo’s stint at the DILG was cut short when a twin-engine, four-seater plane carrying him en route to Naga City from Cebu City crashed off Masbate due to engine trouble on August 19, 2012. His body was found two days later inside the plane wreckage.
MC 2010-83, issued by Robredo in August 2010, pertains to the full disclosure of local budgets and finances and bids and public offering, while MC 2010-138, issued in December 2010, governs the use of the 20-percent component of the annual internal-revenue allotment shares.
On the other hand, MC 2011-08, issued in January 2011, pertains to the strict adherence by LGUs to Section 90 of Republic Act 10147, or the General Appropriations Act of 2011.
“The assailed issuances of the respondent…are but implementation of this avowed policy of the State to make public officials accountable to the people. They are amalgamations of existing laws, rules and regulation designed to give teeth to the constitutional mandate of transparency and accountability,” the SC ruled.
In filing his petition, Villafuerte claimed that the issuances are unconstitutional for having been issued in grave abuse of discretion amounting to lack or excess of jurisdiction.
Villafuerte said the issuances violate the principles of local and fiscal autonomy as enshrined in the Constitution and Republic Act 7690, or the Local Government Code.
He added that Robredo went beyond the confines of his supervisory power as an alter ego of the President when he issued MC 2010-83; and that the mandatory nature of the circular, with the threat of the imposition of sanctions for noncompliance, evinces a desire to control LGUs.
However, the Court did not give merit to Villafuerte’s contentions that the issuances have infringed on the local fiscal autonomy of LGUs.
It noted that the issuances do not interfere with the discretion of the LGUs in the specification of their priority projects and the allocation of their budgets.
“It is inconceivable, however, how the publication of budgets, expenditures, contracts and loans, and procurement plans of local government units required in the assailed issuances could have infringed on the local fiscal autonomy of local government units,” the SC stressed.
“The posting requirement are mere transparency measures, which do not at all hurt the manner by which local government units decide the utilization and allocation of their funds,” it added.
Likewise, the High Tribunal said even the Local Government Code, particularly Section 352, which Villafuerte invoked in his petition, does not exclude the requirement for the posting of additional documents on budgets, expenditures, contracts, loans and procurement plans.
Last, the SC said it believes the supervisory powers of the President are broad enough to embrace the power to require the publication of certain documents as a mechanism of transparency.