Power of General Supervision

6.
Power of general supervision over local governments
The President of the Philippines, as chief executive, has the mandate to

supervise local governments in the Philippines, despite their autonomous
status as provided by Republic Act No. 7160 otherwise known as the Local
Government Code of 1991.
Traditionally, this is done by the Department of the Interior and Local

Government, headed by a cabinet secretary—an alter ego of the President.
Article VII, Section 17 of the 1987 Constitution provides that:
“Section 17. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully
executed.”
Jurisprudence says:
In the case of Mark Anthony Zabal, et. al. v. Rodrigo Duterte (G.R. No.
238467, February 12, 2019), the Supreme Court has defined control in the
following manner:
“The power of control refers to the authority to direct the performance of a
duty, restrain the commission of acts, review, approve, reverse or modify
acts and decisions of subordinate officials or units, and prescribe standards,
guidelines, plans and programs.”
What is the difference between the power of control and the power
of supervision?
Jurisprudence says:
The power of supervision involves oversight of a subordinate to ensure that
the rules are followed. On the other hand, the power of control is broader as
it involves laying down the actual rules to be followed. If the rules are not
followed, the power of control allows the controlling officer to order that the
act be done or undone, or even to supplant the subordinate’s act with his or
her own act.” (Office of the Ombudsman v. Loving Fetalvero, Jr., G.R. No.
211450, July 23, 2018.)
“Officers in control lay down the rules in the performance or accomplishment
of an act. If these rules are not followed, they may, in their discretion, order
the act undone or redone by their subordinates or even decide to do it
themselves. On the other hand, supervision does not cover such authority.
Supervising officials merely see to it that the rules are followed, but they
themselves do not lay down such rules, nor do they have the discretion to
modify or replace them. If the rules are not observed, they may order the
work done or redone, but only to conform to such rules. They may not
prescribe their own manner of execution of the act. They have no discretion
on this matter except to see to it that the rules are followed.” (Judge
Mercedes Dadole, et. al. v. Commission on Audit, G.R. No. 125350,
December 3, 2002
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.
xxx”
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 ( The territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities, municipalities, and barangays
). 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.”

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6.

Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to

Traditionally, this is done by the Department of the Interior and Local

Article VII, Section 17 of the 1987 Constitution provides that:

What is the power of general supervision of the president?

The law says:

Section 25. National Supervision over Local Government Units. –

The President shall exercise supervisory authority directly over provinces,

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