Case Digest (G.R. No. 92389)
Facts:
Hon. Jejomar C. Binay and the Municipality of Makati v. Hon. Eufemio Domingo and the Commission on Audit, G.R. No. 92389, September 11, 1991, the Supreme Court En Banc, Paras, J., writing for the Court.
Petitioners are Mayor Jejomar C. Binay and the Municipality of Makati; respondents are Hon. Eufemio Domingo and the Commission on Audit (COA). The municipal council of Makati adopted Resolution No. 60 on September 27, 1988, which confirmed and ratified an ongoing Burial Assistance Program providing P500 cash assistance to bereaved families whose gross family income did not exceed P2,000 per month; the funds were to be taken from unappropriated available funds in the municipal treasury.
The Metro Manila Commission approved Resolution No. 60, and the municipal secretary certified a disbursement fund of P400,000 to implement the program. COA, after audit referral, preliminarily disapproved Resolution No. 60 and disallowed the disbursement for the program. Petitioners filed two letters for reconsideration with COA, asserting that the Resolution fell within police power and parens patriae and noting MMC’s appropriation of funds; COA denied reconsideration in Decision No. 1159, holding that (a) Resolution No. 60 showed no perceptible connection between its provisions and public safety, health or general welfare required to sustain exercise of police power, and (b) expenditures must be for a public purpose benefiting the whole or majority of the inhabitants, not merely a few individuals (citing Section 4[2], P.D. 1445).
Unwilling to abandon the program, the municipal council reenacted the initiative through Resolution No. 243, reaffirming Resolution No. 60. Thereupon petitioners filed a special civil action of certiorari in the Supreme Court seeking to set aside...(Pro-only)
Issues:
- Is Resolution No. 60, re-enacted by Resolution No. 243 of the Municipality of Makati, a valid exercise of municipal police power under the general welfar...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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