Republic of the Philippines City and the petitioner in his capacity as Speaker of the Assembly,

SUPREME COURT Region XII, in a letter which reads:

Manila
The Committee on Muslim Affairs well undertake
EN BANC consultations and dialogues with local government
officials, civic, religious organizations and
G.R. No. 80391 February 28, 1989 traditional leaders on the recent and present
political developments and other issues affecting
Regions IX and XII.
SULTAN ALIMBUSAR P. LIMBONA, petitioner,
vs.
CONTE MANGELIN, SALIC ALI, SALINDATO ALI, PILIMPINAS CONDING, ACMAD The result of the conference, consultations and
TOMAWIS, GERRY TOMAWIS, JESUS ORTIZ, ANTONIO DELA FUENTE, DIEGO dialogues would hopefully chart the autonomous
PALOMARES, JR., RAUL DAGALANGIT, and BIMBO SINSUAT, respondents. governments of the two regions as envisioned and
may prod the President to constitute immediately
the Regional Consultative Commission as
Ambrosio Padilla, Mempin & Reyes Law Offices for petitioner petitioner. mandated by the Commission.

Makabangkit B. Lanto for respondents. You are requested to invite some members of the
Pampook Assembly of your respective assembly on
November 1 to 15, 1987, with venue at the
Congress of the Philippines. Your presence,
SARMIENTO, J.: unstinted support and cooperation is (sic)
indispensable.
The acts of the Sangguniang Pampook of Region XII are assailed in this petition. The
antecedent facts are as follows: 5. Consistent with the said invitation, petitioner sent a telegram to
Acting Secretary Johnny Alimbuyao of the Assembly to wire all
Assemblymen that there shall be no session in November as "our
1. On September 24, 1986, petitioner Sultan Alimbusar Limbona was presence in the house committee hearing of Congress take (sic)
appointed as a member of the Sangguniang Pampook, Regional precedence over any pending business in batasang pampook ... ."
Autonomous Government, Region XII, representing Lanao del Sur.
6. In compliance with the aforesaid instruction of the petitioner,
2. On March 12, 1987 petitioner was elected Speaker of the Regional Acting Secretary Alimbuyao sent to the members of the Assembly the
Legislative Assembly or Batasang Pampook of Central Mindanao following telegram:
(Assembly for brevity).
TRANSMITTING FOR YOUR INFORMATION AND
3. Said Assembly is composed of eighteen (18) members. Two of said GUIDANCE TELEGRAM RECEIVED FROM SPEAKER
members, respondents Acmad Tomawis and Pakil Dagalangit, filed on LIMBONA QUOTE CONGRESSMAN JIMMY
March 23, 1987 with the Commission on Elections their respective MATALAM CHAIRMAN OF THE HOUSE
certificates of candidacy in the May 11, 1987 congressional elections COMMITTEE ON MUSLIM AFFAIRS REQUESTED
for the district of Lanao del Sur but they later withdrew from the ME TO ASSIST SAID COMMITTEE IN THE
aforesaid election and thereafter resumed again their positions as DISCUSSION OF THE PROPOSED AUTONOMY
members of the Assembly. ORGANIC NOV. 1ST TO 15. HENCE WERE ALL
ASSEMBLYMEN THAT THERE SHALL BE NO
4. On October 21, 1987 Congressman Datu Guimid Matalam, Chairman SESSION IN NOVEMBER AS OUR PRESENCE IN THE
of the Committee on Muslim Affairs of the House of Representatives, HOUSE COMMITTEE HEARING OF CONGRESS
invited Mr. Xavier Razul, Pampook Speaker of Region XI, Zamboanga TAKE PRECEDENCE OVER ANY PENDING

1
 BUSINESS IN BATASANG PAMPOOK OF MATALAM 6. Conding, Pilipinas (sic)
FOLLOWS UNQUOTE REGARDS.
7. Dagalangit, Rakil
7. On November 2, 1987, the Assembly held session in defiance of
petitioner's advice, with the following assemblymen present: 8. Dela Fuente, Antonio

1. Sali, Salic 9. Ortiz, Jesus

2. Conding, Pilipinas (sic) 10 Palomares, Diego

3. Dagalangit, Rakil 11. Quijano, Jesus

4. Dela Fuente, Antonio 12. Sinsuat, Bimbo

5. Mangelen, Conte 13. Tomawis, Acmad

6. Ortiz, Jesus 14. Tomawis, Jerry

7. Palomares, Diego An excerpt from the debates and proceeding of said session reads:

8. Sinsuat, Bimbo HON. DAGALANGIT: Mr. Speaker, Honorable Members of the House,
with the presence of our colleagues who have come to attend the
9. Tomawis, Acmad session today, I move to call the names of the new comers in order for
them to cast their votes on the previous motion to declare the position
10. Tomawis, Jerry of the Speaker vacant. But before doing so, I move also that the
designation of the Speaker Pro Tempore as the Presiding Officer and
Mr. Johnny Evangelists as Acting Secretary in the session last
After declaring the presence of a quorum, the Speaker Pro-Tempore November 2, 1987 be reconfirmed in today's session.
was authorized to preside in the session. On Motion to declare the
seat of the Speaker vacant, all Assemblymen in attendance voted in
the affirmative, hence, the chair declared said seat of the Speaker HON. SALIC ALI: I second the motions.
vacant. 8. On November 5, 1987, the session of the Assembly resumed
with the following Assemblymen present: PRESIDING OFFICER: Any comment or objections on the two motions
presented? Me chair hears none and the said motions are approved. ...
1. Mangelen Conte-Presiding Officer
Twelve (12) members voted in favor of the motion to declare the seat
2. Ali Salic of the Speaker vacant; one abstained and none voted against. 1

3. Ali Salindatu Accordingly, the petitioner prays for judgment as follows:

4. Aratuc, Malik WHEREFORE, petitioner respectfully prays that-

5. Cajelo, Rene (a) This Petition be given due course;

2
 (b) Pending hearing, a restraining order or writ of preliminary been heard in his defense, assuming that there was an investigation, or otherwise given
injunction be issued enjoining respondents from proceeding with the opportunity to do so. On the other hand, what appears in the records is an admission
their session to be held on November 5, 1987, and on any day by the Assembly (at least, the respondents) that "since November, 1987 up to this
thereafter; writing, the petitioner has not set foot at the Sangguniang Pampook." 9 "To be sure, the
private respondents aver that "[t]he Assemblymen, in a conciliatory gesture, wanted him
(c) After hearing, judgment be rendered declaring the proceedings to come to Cotabato City," 10 but that was "so that their differences could be threshed out
held by respondents of their session on November 2, 1987 as null and and settled." 11 Certainly, that avowed wanting or desire to thresh out and settle, no
void; matter how conciliatory it may be cannot be a substitute for the notice and hearing
contemplated by law.
(d) Holding the election of petitioner as Speaker of said Legislative
Assembly or Batasan Pampook, Region XII held on March 12, 1987 While we have held that due process, as the term is known in administrative law, does
valid and subsisting, and not absolutely require notice and that a party need only be given the opportunity to be
heard, 12 it does not appear herein that the petitioner had, to begin with, been made
aware that he had in fact stood charged of graft and corruption before his collegues. It
(e) Making the injunction permanent. cannot be said therefore that he was accorded any opportunity to rebut their
accusations. As it stands, then, the charges now levelled amount to mere accusations that
Petitioner likewise prays for such other relief as may be just and cannot warrant expulsion.
equitable. 2
In the second place, (the resolution) appears strongly to be a bare act of vendetta by the
Pending further proceedings, this Court, on January 19, 1988, received a resolution filed other Assemblymen against the petitioner arising from what the former perceive to be
by the Sangguniang Pampook, "EXPECTING ALIMBUSAR P. LIMBONA FROM abduracy on the part of the latter. Indeed, it (the resolution) speaks of "a case [having
MEMBERSHIP OF THE SANGGUNIANG PAMPOOK AUTONOMOUS REGION XII," 3 on the been filed] [by the petitioner] before the Supreme Court . . . on question which should
grounds, among other things, that the petitioner "had caused to be prepared and signed have been resolved within the confines of the Assemblyman act which some members
by him paying [sic] the salaries and emoluments of Odin Abdula, who was considered claimed unnecessarily and unduly assails their integrity and character as representative
resigned after filing his Certificate of Candidacy for Congressmen for the First District of of the people" 13 an act that cannot possibly justify expulsion. Access to judicial remedies
Maguindanao in the last May 11, elections. . . and nothing in the record of the Assembly is guaranteed by the Constitution, 14 and, unless the recourse amounts to malicious
will show that any request for reinstatement by Abdula was ever made . . ." 4 and that prosecution, no one may be punished for seeking redress in the courts.
"such action of Mr. Lim bona in paying Abdula his salaries and emoluments without
authority from the Assembly . . . constituted a usurpation of the power of the We therefore order reinstatement, with the caution that should the past acts of the
Assembly," 5 that the petitioner "had recently caused withdrawal of so much amount of petitioner indeed warrant his removal, the Assembly is enjoined, should it still be so
cash from the Assembly resulting to the non-payment of the salaries and emoluments of minded, to commence proper proceedings therefor in line with the most elementary
some Assembly [sic]," 6 and that he had "filed a case before the Supreme Court against requirements of due process. And while it is within the discretion of the members of the
some members of the Assembly on question which should have been resolved within the Sanggunian to punish their erring colleagues, their acts are nonetheless subject to the
confines of the Assembly," 7 for which the respondents now submit that the petition had moderating band of this Court in the event that such discretion is exercised with grave
become "moot and academic". 8 abuse.

The first question, evidently, is whether or not the expulsion of the petitioner (pending It is, to be sure, said that precisely because the Sangguniang Pampook(s) are
litigation) has made the case moot and academic. "autonomous," the courts may not rightfully intervene in their affairs, much less strike
down their acts. We come, therefore, to the second issue: Are the so-called autonomous
We do not agree that the case has been rendered moot and academic by reason simply of governments of Mindanao, as they are now constituted, subject to the jurisdiction of the
the expulsion resolution so issued. For, if the petitioner's expulsion was done purposely national courts? In other words, what is the extent of self-government given to the two
to make this petition moot and academic, and to preempt the Court, it will not make it autonomous governments of Region IX and XII?
academic.
The autonomous governments of Mindanao were organized in Regions IX and XII by
On the ground of the immutable principle of due process alone, we hold that the Presidential Decree No. 161815 promulgated on July 25, 1979. Among other things, the
expulsion in question is of no force and effect. In the first place, there is no showing that Decree established "internal autonomy" 16 in the two regions "[w]ithin the framework of
the Sanggunian had conducted an investigation, and whether or not the petitioner had
3
the national sovereignty and territorial integrity of the Republic of the Philippines and its make them more effective partners in the pursuit of national development and social
Constitution," 17 with legislative and executive machinery to exercise the powers and progress." 24 At the same time, it relieves the central government of the burden of
responsibilities 18 specified therein. managing local affairs and enables it to concentrate on national concerns. The President
exercises "general supervision" 25 over them, but only to "ensure that local affairs are
It requires the autonomous regional governments to "undertake all internal administered according to law." 26 He has no control over their acts in the sense that he
administrative matters for the respective regions," 19 except to "act on matters which are can substitute their judgments with his own. 27
within the jurisdiction and competence of the National Government," 20"which include,
but are not limited to, the following: Decentralization of power, on the other hand, involves an abdication of political power in
the favor of local governments units declare to be autonomous . In that case, the
(1) National defense and security; autonomous government is free to chart its own destiny and shape its future with
minimum intervention from central authorities. According to a constitutional author,
decentralization of power amounts to "self-immolation," since in that event, the
(2) Foreign relations; autonomous government becomes accountable not to the central authorities but to its
constituency. 28
(3) Foreign trade;
But the question of whether or not the grant of autonomy Muslim Mindanao under the
(4) Currency, monetary affairs, foreign exchange, banking and quasi- 1987 Constitution involves, truly, an effort to decentralize power rather than mere
banking, and external borrowing, administration is a question foreign to this petition, since what is involved herein is a
local government unit constituted prior to the ratification of the present Constitution.
(5) Disposition, exploration, development, exploitation or utilization Hence, the Court will not resolve that controversy now, in this case, since no controversy
of all natural resources; in fact exists. We will resolve it at the proper time and in the proper case.

(6) Air and sea transport Under the 1987 Constitution, local government units enjoy autonomy in these two
senses, thus:
(7) Postal matters and telecommunications;
Section 1. The territorial and political subdivisions of the Republic of
the Philippines are the provinces, cities, municipalities, and
(8) Customs and quarantine; barangays. Here shall be autonomous regions in Muslim Mindanao
,and the Cordilleras as hereinafter provided. 29
(9) Immigration and deportation;
Sec. 2. The territorial and political subdivisions shall enjoy local
(10) Citizenship and naturalization; autonomy. 30

(11) National economic, social and educational planning; and xxx xxx xxx

(12) General auditing. 21 See. 15. Mere shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
In relation to the central government, it provides that "[t]he President shall have the municipalities, and geographical areas sharing common and
power of general supervision and control over the Autonomous Regions ..." 22 distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of
this Constitution and the national sovereignty as well as territorial
Now, autonomy is either decentralization of administration or decentralization of power. integrity of the Republic of the Philippines. 31
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 An autonomous government that enjoys autonomy of the latter category [CONST. (1987),
accountable," 23 "and ensure their fullest development as self-reliant communities and art. X, sec. 15.] is subject alone to the decree of the organic act creating it and accepted
principles on the effects and limits of "autonomy." On the other hand, an autonomous
4
government of the former class is, as we noted, under the supervision of the national (10) Such other matters as may be authorized by law,including the
government acting through the President (and the Department of Local enactment of such measures as may be necessary for the promotion of
Government). 32 If the Sangguniang Pampook (of Region XII), then, is autonomous in the the general welfare of the people in the Autonomous Region.
latter sense, its acts are, debatably beyond the domain of this Court in perhaps the same
way that the internal acts, say, of the Congress of the Philippines are beyond our The President shall exercise such powers as may be necessary to
jurisdiction. But if it is autonomous in the former category only, it comes unarguably assure that enactment and acts of the Sangguniang Pampook and the
under our jurisdiction. An examination of the very Presidential Decree creating the Lupong Tagapagpaganap ng Pook are in compliance with this Decree,
autonomous governments of Mindanao persuades us that they were never meant to national legislation, policies, plans and programs.
exercise autonomy in the second sense, that is, in which the central government commits
an act of self-immolation. Presidential Decree No. 1618, in the first place, mandates that
"[t]he President shall have the power of general supervision and control over The Sangguniang Pampook shall maintain liaison with the Batasang
Autonomous Regions." 33 In the second place, the Sangguniang Pampook, their legislative Pambansa. 34
arm, is made to discharge chiefly administrative services, thus:
Hence, we assume jurisdiction. And if we can make an inquiry in the validity of the
SEC. 7. Powers of the Sangguniang Pampook. The Sangguniang expulsion in question, with more reason can we review the petitioner's removal as
Pampook shall exercise local legislative powers over regional affairs Speaker.
within the framework of national development plans, policies and
goals, in the following areas: Briefly, the petitioner assails the legality of his ouster as Speaker on the grounds that: (1)
the Sanggunian, in convening on November 2 and 5, 1987 (for the sole purpose of
(1) Organization of regional administrative system; declaring the office of the Speaker vacant), did so in violation of the Rules of the
Sangguniang Pampook since the Assembly was then on recess; and (2) assuming that it
was valid, his ouster was ineffective nevertheless for lack of quorum.
(2) Economic, social and cultural development of the Autonomous
Region;
Upon the facts presented, we hold that the November 2 and 5, 1987 sessions were
invalid. It is true that under Section 31 of the Region XII Sanggunian Rules, "[s]essions
(3) Agricultural, commercial and industrial programs for the shall not be suspended or adjourned except by direction of the Sangguniang
Autonomous Region; Pampook," 35 but it provides likewise that "the Speaker may, on [sic] his discretion,
declare a recess of "short intervals." 36 Of course, there is disagreement between the
(4) Infrastructure development for the Autonomous Region; protagonists as to whether or not the recess called by the petitioner effective November
1 through 15, 1987 is the "recess of short intervals" referred to; the petitioner says that it
(5) Urban and rural planning for the Autonomous Region; is while the respondents insist that, to all intents and purposes, it was an adjournment
and that "recess" as used by their Rules only refers to "a recess when arguments get
heated up so that protagonists in a debate can talk things out informally and obviate
(6) Taxation and other revenue-raising measures as provided for in dissenssion [sic] and disunity. 37 The Court agrees with the respondents on this regard,
this Decree; since clearly, the Rules speak of "short intervals." Secondly, the Court likewise agrees
that the Speaker could not have validly called a recess since the Assembly had yet to
(7) Maintenance, operation and administration of schools established convene on November 1, the date session opens under the same Rules. 38 Hence, there
by the Autonomous Region; can be no recess to speak of that could possibly interrupt any session. But while this
opinion is in accord with the respondents' own, we still invalidate the twin sessions in
(8) Establishment, operation and maintenance of health, welfare and question, since at the time the petitioner called the "recess," it was not a settled matter
other social services, programs and facilities; whether or not he could. do so. In the second place, the invitation tendered by the
Committee on Muslim Affairs of the House of Representatives provided a plausible
reason for the intermission sought. Thirdly, assuming that a valid recess could not be
(9) Preservation and development of customs, traditions, languages called, it does not appear that the respondents called his attention to this mistake. What
and culture indigenous to the Autonomous Region; and appears is that instead, they opened the sessions themselves behind his back in an
apparent act of mutiny. Under the circumstances, we find equity on his side. For this
reason, we uphold the "recess" called on the ground of good faith.

5
It does not appear to us, moreover, that the petitioner had resorted to the aforesaid
"recess" in order to forestall the Assembly from bringing about his ouster. This is not
apparent from the pleadings before us. We are convinced that the invitation was what
precipitated it.

In holding that the "recess" in question is valid, we are not to be taken as establishing a
precedent, since, as we said, a recess can not be validly declared without a session having
been first opened. In upholding the petitioner herein, we are not giving him a carte
blanche to order recesses in the future in violation of the Rules, or otherwise to prevent
the lawful meetings thereof.

Neither are we, by this disposition, discouraging the Sanggunian from reorganizing itself
pursuant to its lawful prerogatives. Certainly, it can do so at the proper time. In the event
that be petitioner should initiate obstructive moves, the Court is certain that it is armed
with enough coercive remedies to thwart them. 39

In view hereof, we find no need in dwelling on the issue of quorum.

WHEREFORE, premises considered, the petition is GRANTED. The Sangguniang

Pampook, Region XII, is ENJOINED to (1) REINSTATE the petitioner as Member,
Sangguniang Pampook, Region XII; and (2) REINSTATE him as Speaker thereof. No costs.

SO ORDERED.