Facts:
Jacinto R. Bohol filed a petition for
mandamus in the Court of First Instance of Samar against
Mauro Rosario, as provincial auditor, and
Jose C. Orteza, as provincial treasurer. The petition was amended by including the
Secretary of Finance as a respondent. On the merits, the trial court denied the application, and Bohol appealed. Bohol was the Secretary to the Provincial Governor of Samar. On July 19, 1950, his salary was raised from
P3,120 to
P3,600 per annum as an “exceptional case” under
section 256 of the Revised Administrative Code, and on July 20, the provincial board approved the increase through a resolution. However, the
Secretary of Finance, acting on Samar’s annual budget, disapproved the increase, stating that the standard rate for the same position in a first class A province like Samar was
P2,760 per annum, and that the rate could be reduced to
P2,760 only upon vacancy. As a consequence of this disapproval, the provincial auditor refused to pass in audit, and the provincial treasurer refused to pay, Bohol’s voucher for the differential between the old and new rates corresponding to the second half of July. Bohol argued that
Republic Act No. 528, approved June 16, 1950, abrogated
Executive Order No. 167 and that, in any event, Executive Order No. 167 was unconstitutional because it allegedly allowed the President to assume not only general supervision but actual control over local governments. The case thus hinged on whether the Secretary of Finance could intervene to enforce the
Salary Law and whether Bohol’s position as secretary to the provincial governor warranted the
P3,600 salary beyond the standard classification. In resolving the matter, the Court noted that
Executive Order No. 167 (series of 1938) designated the
Secretary of Finance as the national government agency for supervision and control of provincial financial affairs, including the submission of local budgets containing the plantilla of personnel, and that
Executive Order No. 94 (series of 1947), issued under
Republic Act No. 51, reorganized departments and amended the Salary Law by classifying positions into grades with salaries based on duties and qualifications, with salaries ranging from
P2,400 to P6,000 per annum. Although Bohol claimed that his duties entitled him to
Grade 1 with a salary of
P6,000, the contrary position was that his position fell under
Grade 13 with compensation of
P2,760 per annum. The Court of First Instance dismissed the petition and the appellate review proceeded on the same record, ultimately affirming the dismissal.
Issues:
Whether the
Secretary of Finance could validly disapprove and prevent the payment of Bohol’s increased salary on the ground that it was inconsistent with the
Salary Law and the executive classification of positions, notwithstanding Bohol’s reliance on
Republic Act No. 528 and his constitutional argument against Executive Order No. 167.
Ruling:
Ratio:
Doctrine: