DOJ OPINION NO. 141, s. 1992
October 9, 1992

Mr. Samuel C. Bayangan
Executive Director II
Kalinga Special Development Authority
Buliano, Tabuk, Kalinga-Apayao

Sir :

This refers to your letter dated August 10, 1992 which was referred to this Office by Assistant Executive Secretary for Legal Affairs Renato C. Corona, Office of the President, in its 1st Indorsement dated August 28, 1992, requesting opinion as to the legal effects of the devolution provisions of Republic Act No. 7160, otherwise known as "the Local Government Code of 1991", including its implementing rules and regulations through Executive Order Nos. 503 and 507, on the mandate of Executive order No. 302, which created the Kalinga Special Development Authority (KSDA).

You state that Presidential Decree No. 848, s. 1975 was amended on July 26, 1987 by Executive Order No 302, which transformed the defunct Kalinga Special Development Region (KSDR) into the Kalinga Special Development Authority (KSDA) to accelerate the socio-economic growth and development of eight (8) municipalities in Kalinga-Apayao; that KSDA is a front line development agency directly under the Office of the President and funded by the National Government under the Annual General Appropriations Act (GAA); and that on October 23, 1989, the KSDA was placed under the supervision and control of the Provincial Government by virtue of Administrative Order No. 144.

You further state that Republic Act No. 7160 which took effect on January 1, 1992, expressly enumerated the specific functions of the National Government Agencies (NGAs) which are to be transferred/devolved to the Local Government Units (LGUs) concerned; and that implementing rules and regulations were enacted to effectively achieve the decentralization mandates of the aforesaid law, such as: Executive Order No. 503 dated January 22, 1992 which provided for the transfer of personnel and assets, liabilities and records and concerned NGAs whose functions are to be devolved to the LGUs pursuant to Section 17 of R.A. No. 7160; and Executive Order No. 507 dated February 24, 1992 which directed the transfer of Fiscal Year 1992 appropriations for devolved services and facilities of concerned NGAs to the Internal Revenue Allotment (IRA) in accordance to Section 284 of R.A. No. 7160.

Specifically, you pose the following queries, to wit:

"1.     Considering that implied repeal is not favored by law, what would then be the effect of Executive Order No. 302? What about Administrative Order No. 144?

"2.     Which would prevail, is it the implementing rules and regulations (Executive Order No. 503 and 507) or the law itself which is Republic Act. No. 7160?

3.      As provided under Section 2 paragraph b(2) of Executive order No. 503, the Provincial Government is the Proper LGU to absorb the KSDA. Does it follow that the Provincial Governor can also appoint members of the KSDA Governor Council which under Section 6 of E.O. No. 302 are to be appointed by the President of the Philippines".

Moreover, you wish to know whether KSDA which is funded by the National Government under the General Appropriations Act of 1992 (R.A. No. 7180) will qualify under the limitation provided under Section 17(c) of R.A. No. 7160 considering that no local government unit is duly designated as its implementing agency. Said provision states:

". . . public works and infrastructure projects and other facilities, programs and services funded by the national government under the General Appropriations Act, other special law, pertinent executive orders, and those wholly or partially funded from foreign sources are not covered under this section, except in those cases where the local government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services".

We are constrained, much to our regret, to refrain from rendering opinion on your queries because the resolution thereof would inevitably require an interpretation and/or examination of the provisions of the Local Government Code of 1991 and its implementing Rules and Regulations. Under the law, the Oversight Committee is the body empowered not only to formulate an issue the appropriate rules and regulations necessary for that efficient and effective implementation of all the provisions of the said Code (Section 533) but likewise to establish a monitoring system to hasten the decentralization process and support the Oversight Committee in the supervision of the transfer of powers and functions from the national government to local government units (Article 465, Rules and Regulations Implementing the Local Government Code of 1991).

By established precedents, the Secretary of Justice, has consistently refrained from expressing his opinion on matters that fall within the primary jurisdiction of another office (Sec. of Justice Ops, No. 39, s. 1986; No. 1, s. 1983; No. 123, s. 1980; No. 194, s. 1976).

It is suggested that the queries be submitted to the Oversight Committee for resolution or action.

You may, likewise, consult the department of Budget and Management, the agency which is mandated by law to issue the rules and regulations as may be necessary to implement the provisions of Executive Order No. 507 (SEC. 4, E.O. No. 507).

Very truly yours,

(SGD.) RAMON J. LIWAG
Acting Secretary