This case has been cited 3 times or more.
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2014-12-10 |
REYES, J. |
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| In Province of Negros Occidental v. Commissioners, Commission on Audit,[41] the Court distinguished general supervision from executive control in the following manner: The President's power of general supervision means the power of a superior officer to see to it that subordinates perform their functions according to law. This is distinguished from the President's power of control which is the power to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the President over that of the subordinate officer. The power of control gives the President the power to revise or reverse the acts or decisions of a subordinate officer involving the exercise of discretion.[42] (Citations omitted) | |||||
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2014-04-22 |
LEONEN, J. |
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| This was implied in Province of Negros Occidental v. Commissioners, Commission on Audit.[53] In that case, this court declared as valid the ordinance passed by the province granting and releasing hospitalization and health care insurance benefits to its officials and employees. This court held that Section 2 of Administrative Order No. 103[54] requiring the President's prior approval before the grant of any allowance or benefit is applicable only to offices under the executive branch.[55] Section 2 does not mention local government units, thus, the prohibition does not apply to them.[56] This court then referred to the policy of local autonomy as follows: Thus, consistent with the state policy of local autonomy as guaranteed by the 1987 Constitution, under Section 25, Article II and Section 2, Article X, and the Local Government Code of 1991, we declare that the grant and release of the hospitalization and health care insurance benefits given to petitioner's officials and employees were validly enacted through an ordinance passed by petitioner's Sangguniang Panlalawigan.[57] | |||||
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2014-04-22 |
LEONEN, J. |
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| This was implied in Province of Negros Occidental v. Commissioners, Commission on Audit.[53] In that case, this court declared as valid the ordinance passed by the province granting and releasing hospitalization and health care insurance benefits to its officials and employees. This court held that Section 2 of Administrative Order No. 103[54] requiring the President's prior approval before the grant of any allowance or benefit is applicable only to offices under the executive branch.[55] Section 2 does not mention local government units, thus, the prohibition does not apply to them.[56] This court then referred to the policy of local autonomy as follows: Thus, consistent with the state policy of local autonomy as guaranteed by the 1987 Constitution, under Section 25, Article II and Section 2, Article X, and the Local Government Code of 1991, we declare that the grant and release of the hospitalization and health care insurance benefits given to petitioner's officials and employees were validly enacted through an ordinance passed by petitioner's Sangguniang Panlalawigan.[57] | |||||