FACTS:
This is an original action of certiorari instituted
in this Court by the Provincial Governor ad the members of the Provincial Board
of Pangasinan to nullify the disapproval of the Secretary of Finance of their
Resolution No. 55 dated January 30, 1952, abolishing the positions of three
special counsel in the province, to prohibit the provincial treasurer and the
district auditor from paying the salaries of three special counsel from
February 1, 1952, and to prevent the latter from continuing to occupy and
exercise the functions incident to their positions.
RULING:
The Secretary of
Finance is an official of the central government, not of provincial
governments, which are distinct and separate. If any power of general
supervision is given him over local governments, certainly it can not be
understood to mean or to include the right to direct action or even to control
action, as in cases of school superintendents or supervisors within their
respective districts. Such power (of general supervision) may include
correction of violations of law, or of gross errors, abuses, offenses, or
maladministration. Unless the acts of local officials or provincial governments
constitute maladministration, or an abuse or violation of a law , the power of
general supervision can not be exercised. In synthesis, we hold that the power
of general supervision granted the President, in the absence of any express
provision of law, may not generally be interpreted to mean that he, or hisalter
ego, the Secretary of Finance, may direct the form and manner in which
local officials shall perform or comply with their duties.
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