CASE DIGEST: Dadole v. Commission on Audit

 

Dadole v. COA

G.R. No. 125350                |              December 3, 2002

 

FACTS:

On March 15, 1994, the DBM issued Local Budget Circular No. 55 which provided that the additional allowances and other benefits that the LGU grants to national government officials and employees assigned in their locality should not exceed P1,000.00 and that the said circular likewise provided for its immediate effectivity without need of publication.  Acting on the DBM directive, the Mandaue City Auditor issued notices of allowances to the petitioner judges who have been receiving monthly allowances of P1,260 since 1986, which has increased to P1,500 in 1991, from the Sangguniang Panglungsod of the said city.

ISSUE:

Whether or not LBC no. 55 issued by the DBM is valid and enforceable considering that it was not duly published in accordance with law

RULING:

LBC no. 55 is void on account of its lack of publication in violation of the ruling in Tanada v. Tuvera where the SC held that administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant to a valid delegation, but if the regulations are merely interpretative and those regulations which are merely internal they are not required to be published. The circular in question however, is not a mere interpretative or internal regulation because it tends to deprive government workers of their allowance and additional compensation. Before the said circular may be permitted to substantially reduce their income, the government officials and employees concerned should be apprised and alerted by the publication of the subject.