Power of The President Over Local Government Units
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KWINNYPower of The President Over Local Government Units
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KWINNYPOWER OF THE PRESIDENT OVER LOCAL GOVERNMENT UNITS
*The Constitution vests the President with the power of supervision, not control, over
local government units (LGUs). Such power enables him to see to it that LGUs and their
officials execute their tasks in accordance with law.
While he may issue advisories and seek their cooperation in solving economic difficulties,
he cannot prevent them from performing their tasks and using available resources to
achieve their goals. He may not withhold or alter any authority or power given them by
the law. Thus, the withholding of a portion of internal revenue allotments legally due
them cannot be directed by administrative fiat.
*The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and cities
and municipalities with respect to component barangays, shall ensure that the acts of their
component units are within the scope of their prescribed powers and functions
*What is the power of general supervision of the president?
The law says:
Under Chapter III, Article I, Section 25 of Republic Act No. 7160, or the Local Government
Code of 1991, the President shall exercise supervision over local government units, to
wit:
Section 25. National Supervision over Local Government Units. –
(a) Consistent with the basic policy on local autonomy, the President shall exercise
general supervision over local government units to ensure that their acts are within the
scope of their prescribed powers and functions.
The President shall exercise supervisory authority directly over provinces, highly
urbanized cities, and independent component cities; through the province with respect
to component cities and municipalities; and through the city and municipality with
respect to barangays.
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Jurisprudence says:
In the case of Judge Mercedes Dadole, et. al. v. Commission on Audit (G.R. No. 125350,
December 3, 2002), the Supreme Court held that:
“Under our present system of government, executive power is vested in the President.
The members of the Cabinet and other executive officials are merely alter-egos. As such,
they are subject to the power of control of the President, at whose will and behest they
can be removed from office; or their actions and decisions changed, suspended or
reversed. In contrast, the heads of political subdivisions are elected by the people. Their
sovereign powers emanate from the electorate, to whom they are directly
accountable. By constitutional fiat, they are subject to the President’s supervision only,
not control, so long as their acts are exercised within the sphere of their legitimate
powers. By the same token, the President may not withhold or alter any authority or
power given them by the Constitution and the law.
Clearly then, the President can only interfere in the affairs and activities of a local
government unit if he or she finds that the latter has acted contrary to law. This is the
scope of the President’s supervisory powers over local government units. Hence, the
President or any of his or her alter egos cannot interfere in local affairs as long as the
concerned local government unit acts within the parameters of the law and the
Constitution. Any directive therefore by the President or any of his or her alter
egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a local
government unit is a patent nullity because it violates the principle of local autonomy
and separation of powers of the executive and legislative departments in governing
municipal corporations.”
