SC upholds Robredo’s transparency policy for LGUs

The Supreme Court has upheld the legality of a policy introduced by the late Interior Secretary Jesse Robredo requiring local government units (LGUs) to post their budget and transaction reports in public places, local newspapers, or websites.

In its decision, the SC en banc junked a petition by former Camarines Sur Gov. Luis Raymond Villafuerte Jr, who accused Robredo of grave abuse of discretion amounting to lack or excess of jurisdiction for crafting three memorandum circulars on the transparency prorgram.

The three MCs are:

• MC No. 2010-83 dated August 31, 2010, pertaining to the full disclosure of local budget and finances, and bids and puvlic offerings.
• MC No. 2010-08 dated January 13, 2011, pertaining to the strict adherence to Section 90 of Republic Act No. 10147, General Appropriations Act, Fiscal Year 2011.
• MC No. 2011-138 dated December 2, 2010, pertaining to the use of the 20 percent component of the annual internal revenue allotment shares.

In its ruling, the SC said Robredo's three issuances do not violate the fiscal autonomy of local government units.

"The assailed issuances of the respondent... are but implementation of this avowed policy of the State to make public officials accountable to the people," ruled the SC.

"They are amalgations of existing laws, rules and regulations designed to give teeth to the constitutional mandate of transparency and accountability," the court added.

The SC stressed that the MCs do not interfere with the discretion of the LGUs in the specification of their priority projects and the allocation of their budgets.

"The posting requirements are mere transparency measures which do not at all hurt the manner by which local government units decide the utilization of their funds," said the SC.

The court said the additional requirement for the posting of budgets, expenditures, contracts and loans and procurement plans were "well-within the contemplation" of Section 352 of RA No. 7160 or the Local Government Code (LGC) of 1991, considering that they are documents necessary for an accurate presentation of a summary of appropriation and disbursements that a local government unit is required to publish.

The Court said 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.

The court reminded LGUs that local fiscal autonomy does not rule out any manner of national government intervention by way of supervision, in order to ensure that local programs, fiscal and otherwise, are consistent with national goals.

"The President by constitutional fiat, is the head of the economic and planning agency of the government, primarily responsible for formulating and implementing continuing coordinated and integrated social and economic policies, plans and programs for the entire country," said the SC.

Robredo launched the transparency program at a press conference at the DILG office in Quezon City in 2010.

The DILG has crafted new features on its website to ensure transparency in the agency, as well as to make feedback gathering from the public more efficient.

The circular complies with the provisions under the LGC and Republic Act (RA) 9184 or the Government Procurement Policy Board.

Section 354 of the LGC requires the monthly posting of an LGU's revenues and collections, while RA 9184 requires LGUs to make public all bids, notices of awards, and other procurements.

At the time, Robredo admitted that making LGUs more transparent would be a difficult task. However, he said he wanted to implement at a national level what he had long been practicing in his home city of Naga, where he served as mayor before becoming the DILG chief.

Robredo recounted that as the Naga City mayor, he also shortened the period for approving building permits, from 15 days to only three days.

He said he hoped that the DILG's program for transparency and honesty in governance would set an example not only for other government agencies, but also for the public. — BM, GMA News