Robredo asks SC to junk CamSur gov's plea vs DILG memos

Department of the Interior and Local Government Sec. Jesse Robredo has asked the Supreme Court to dismiss for lack of merit Camarines Sur Gov. Luis Raymond Villafuerte Jr.'s petition challenging the legality of three memorandum circulars Robredo had issued. In a 52-page comment, Robredo, through government lawyers from the Office of the Solicitor General, said he did not violate the 1987 Constitution in issuing the memorandum circulars [MCs] that oblige local government units (LGUs) to fully disclose their income and expenditures and to post such information on their respective websites. Villafuerte had contended that Robredo's instructions expanded what is provided by the Local Government Code and the Government Procurement Act, which mandates that income and expenditures of LGUs must be posted or published in "three publicly accessible and conspicuous places in the LGU." But Robredo, in his comment filed with the SC last Wednesday, said the governor's arguments are "bereft of merit." "The required posting and publication on the LGU's website are germane to the purposes of fundamental principles of transparency and accountability and accountability under the Constitution and prevailing statutes. They are not inappropriate provisions as sweepingly averred by petitioner [Villafuerte]," said Robredo. "The required publication in the LGU's website is germane to the purpose of the law which is to provide detailed information of the manner and the use of the LGU's internal revenue allotment as well as status of the program and projects are being implemented," he added. Moreover, he said that to question his memorandums would be also tantamount to questioning Section 90 of the General Appropriations Act (GAA) of 2011, the national budget for this year. "It may not be amiss to say at this point that in questioning the DILG's MCs, petitioner collaterally attacked the constitutionality of the GAA. This is not tenable," said the DILG chief. He added that Villafuerte also failed to mention which constitutional provision was violated in the DILG's issuance of the memorandum circulars. "Petitioner fails to specify the constitutional provisions which he claims have been violated [by the GAA of 2011]. To strike down a law, there must be a clear showing that what the fundamental law condemns or prohibits, the statute allows it to be done," said Robredo. He also said Villafuerte's petition was prematurely filed. "It fails to allege any case or controversy that is ripe for judicial determination," Robredo said, adding that "the issuance and the alleged threat of imposition of sanctions against local execs prompted [Villafuerte] to file a petition." The DILG chief also said that he did not usurp Congress' powers to order local government units to be fully transparent in their income and expenditures. "The power of Robredo to issue memorandum circulars, orders and similar issuance are not legislative powers but executive issuance aimed to regulate internal affairs and/or interpret regulations for compliance by those that are under his general supervision, such as the LGUs," the DILG chief's June 1 comment read. — LBG, GMA News)