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    Limbona v. Mangelin, G.R. No. 80391, 28 February 1989

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    Margo Green
    1) Sultan Alimbusar Limbona was elected Speaker of the Regional Legislative Assembly of Central Mindanao. He sent a telegram advising that there would be no session in November due to a congressional hearing. 2) The Assembly held a session in defiance of this advice and voted to declare the Speaker's position vacant. 3) The Court ruled that it has jurisdiction over the autonomous governments of Mindanao, which were established by presidential decree within the framework of Philippine sovereignty and constitution. 4) The petition was granted and the Assembly was ordered to reinstate Limbona as member and Speaker.

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    Limbona v. Mangelin, G.R. No. 80391, 28 February 1989

    Uploaded by

    Margo Green
    70 views2 pages
    1) Sultan Alimbusar Limbona was elected Speaker of the Regional Legislative Assembly of Central Mindanao. He sent a telegram advising that there would be no session in November due to a congressional hearing. 2) The Assembly held a session in defiance of this advice and voted to declare the Speaker's position vacant. 3) The Court ruled that it has jurisdiction over the autonomous governments of Mindanao, which were established by presidential decree within the framework of Philippine sovereignty and constitution. 4) The petition was granted and the Assembly was ordered to reinstate Limbona as member and Speaker.

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    1) Sultan Alimbusar Limbona was elected Speaker of the Regional Legislative Assembly of Central Mindanao. He sent a telegram advising that there would be no session in November due to a congressional hearing. 2) The Assembly held a session in defiance of this advice and voted to declare the Speaker's position vacant. 3) The Court ruled that it has jurisdiction over the autonomous governments of Mindanao, which were established by presidential decree within the framework of Philippine sovereignty and constitution. 4) The petition was granted and the Assembly was ordered to reinstate Limbona as member and Speaker.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    70 views2 pages

    Limbona v. Mangelin, G.R. No. 80391, 28 February 1989

    Uploaded by

    Margo Green
    1) Sultan Alimbusar Limbona was elected Speaker of the Regional Legislative Assembly of Central Mindanao. He sent a telegram advising that there would be no session in November due to a congressional hearing. 2) The Assembly held a session in defiance of this advice and voted to declare the Speaker's position vacant. 3) The Court ruled that it has jurisdiction over the autonomous governments of Mindanao, which were established by presidential decree within the framework of Philippine sovereignty and constitution. 4) The petition was granted and the Assembly was ordered to reinstate Limbona as member and Speaker.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Limbona v.

    Mangelin
    G.R. No. 80391
    28 February 1989

    FACTS:

    On September 24, 1986, petitioner Sultan Alimbusar Limbona was appointed as a member of
    the Sangguniang Pampook, Regional Autonomous Government, Region XII, representing Lanao
    del Sur.

    On March 12, 1987 petitioner was elected Speaker of the Regional Legislative Assembly or
    Batasang Pampook of Central Mindanao (Assembly for brevity). Said Assembly is composed of
    eighteen (18) members. On October 21, 1987 the petitioner in his capacity as Speaker of the
    Assembly, Region XII, 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 presence in the house
    committee hearing of Congress take (sic) precedence over any pending business in batasang
    pampook ... ."

    On November 2, 1987, the Assembly held session in defiance of petitioner's advice.

    On November 5, 1987, the session of the Assembly resumed to cast their votes on the previous
    motion to declare the position of the Speaker vacant. They also designated as Presiding Officer
    the Speaker Pro Tempore, and Mr. Johnny Evangelists as Acting Secretary.

    The Court, on January 19, 1988, received a resolution filed by the Sangguniang Pampook,
    "EXPECTING ALIMBUSAR P. LIMBONA FROM MEMBERSHIP OF THE SANGGUNIANG PAMPOOK
    AUTONOMOUS REGION XII,"  on the grounds, among other things, that the petitioner "had
    signed the salaries and emoluments of Odin Abdula, who was considered resigned after filing
    his Certificate of Candidacy for Congressmen for the First District of Maguindanao in the last
    May 11, elections. . . and nothing in the record of the Assembly will show that any request for
    reinstatement by Abdula was ever made . . ."  and that he had "filed a case before the Supreme
    Court against some members of the Assembly on question which should have been resolved
    within the confines of the Assembly," 

    ISSUE:

    WON the so-called autonomous governments of Mindanao, as they are now constituted,
    subject to the jurisdiction of the national Courts.
    RATIO DECIDENDII:

    The autonomous governments of Mindanao were organized in Regions IX and XII by


    Presidential Decree No. 1618 promulgated on July 25, 1979. Among other things, the Decree
    established "internal autonomy" "[w]ithin the framework of the national sovereignty and
    territorial integrity of the Republic of the Philippines and its Constitution,"

    Presidential Decree No. 1618, in the first place, mandates that "[t]he President shall have the
    power of general supervision and control over Autonomous Regions." Under the 1987
    Constitution, the President shall exercise such powers as may be necessary to assure that
    enactment and acts of the Sangguniang Pampook and the Lupong Tagapagpaganap ng Pook are
    in compliance with this Decree, national legislation, policies, plans and programs. The
    Sangguniang Pampook shall maintain liaison with the Batasang Pambansa. Hence, Court
    assumes jurisdiction. And if the Court can make an inquiry in the validity of the expulsion in
    question, with more reason it can review the petitioner's removal as Speaker.

    And while it is within the discretion of the members of the Sanggunian to punish their erring
    colleagues, their acts are nonetheless subject to the moderating band of this Court in the event
    that such discretion is exercised with grave abuse.

    DECISION:

    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.

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