G.R. No.

L-21905

March 31, 1966

EUFRONIO J. LLANTO, petitioner-appellant,

vs.
MOHAMAD ALI DIMAPORO, Provincial Governor of Lanao del Norte;
PROVINCIAL BOARD OF LANAO DEL NORTE; VALERIO V. ROVIRA, Vice-Governor;
BIENVENIDO L. PADILLA, Member; FELIXBERTO ABELLANOSA, Member; PROVINCE
OF LANAO DEL NORTE; PROVINCIAL AUDITOR OF LANAO DEL NORTE; PROVINCIAL
TREASURER OF LANAO DEL NORTE, and PROVINCIAL ASSESSOR OF LANAO DEL
NORTE, respondents-appellees.
Virgilio Llanto for petitioner-appellant.
Moises F. Dalisay for respondents-appellees.
SANCHEZ, J.:
Resolution No. 7, Series of 1960, adopted by the Provincial Board of Lanao del Norte on
January 6, 1960, reverted the 1960-1961 salary appropriation for the position of Assistant
Provincial Assessor to the general fund. In effect, that position then held by petitioner was
abolished. Appeals to the Commissioner of Civil Service, the Secretary of Finance, the
Secretary of Justice, the Auditor General and the President of the Philippines were of no avail.
Petitioner came to court on mandamus. He sought, (a) the annulment of the resolution
aforesaid, (b) the restoration of the salary appropriation; (c) his reinstatement, and (d)
payment of back salaries and damages.
Respondents moved to dismiss. Ground therefor is lack of cause of action. The Court below
granted the motion, dismissed the petition. The motion to reconsider failed. Offshoot is this
appeal.
1. The threshold, questions are these: Was the dismissal order issued "without any hearing
on the motion to dismiss"? Is it void?
We go to the record. The motion to dismiss was filed on February 1, 1961 and set for hearing
on February, 10 following. On February 8, 1961 petitioner's counsel telegraphed the court,
"Request postponement motion dismissal till written opposition filed." He did not appear at the
scheduled hearing. But on March 4, 1961 he followed up his wire, with his written opposition
to the motion to dismiss. Adverting to the 5-page motion to dismiss and the 6-page opposition
thereto, we find that the arguments pro and con on the question of the board's power to
abolish petitioner's position minutely discussed the problem and profusely cited authorities.
The May 15, 1961, 8-page court order recited at length the said arguments and concluded
that petitioner made no case.
One good reason for the statutory requirement of hearing on a motion as to enable the suitors
to adduce evidence in support of their opposing claims.1 But here the motion to dismiss is
grounded on lack of cause of action. Existence of a cause of action or lack of it is determined
by a reference to the facts averred in the challenged pleading. The question raised in the
motion is purely one of law. This legal issue was fully discussed in said motion and the
opposition thereto. In this posture, oral arguments on the motion are reduced to an
unnecessary ceremony and should be overlooked.2 And, correctly so, because the other
intendment of the law in requiring hearing on a motion, i.e., "to avoid surprise upon the
opposite party and to give to the latter time to study and meet the arguments of the
motion",3 has been sufficiently met. And then, courts do not exalt form over substance.
Besides, there is respondents' vehement claim that the motion to dismiss (originally set for

February 10) has been actually reset for hearing for March 23, 1961, at 8:30 o'clock a.m.; that
then there was no appearance on petitioner's behalf, but that respondents' attorneys
appeared. Of course, petitioner now disputes this fact. But nothing extent in the record would
support his position. On the contrary, his telegram of February 8 induces rational belief that all
he wanted was to be given an opportunity to meet argument with argument by means of his
"written opposition". He filed that opposition. And more. Adversely affected by the court's
order, he sought reconsideration thereof. In that motion to reconsider he squarely brought to
the court's attention his present averment that "no hearing was conducted on the motion to
dismiss". The gravity of this charge notwithstanding, the same Judge shunted aside
petitioner's contention with the statement that his motion is "not (being) meritorious". Implicit
in this pronouncement is that there was such a second hearing and petitioner was there given
an opportunity to argue his case. It is in this backdrop that we hew to the line drawn in the
Ongsiako decision4 that "it is presumed that the proceeding was regular and that all the steps
required by law to be taken before the court could validly act thereon, had been so taken".
The quantum of proof required to overcome this presumption is reflected in a passage in
another case,5thus: in the absence of a clear showing to the contrary, the regularity of the
court proceedings" is to be upheld. Petitioner offered no showing, let alone a clear showing, of
irregularity.
More to this. Even conceding for present purposes that there was no previous notice of
hearing of the motion to dismiss before the court ruled (May 15, 1961) on the same adversely
to petition, still this alleged defect was fully cured by his motion for reconsideration aforesaid
(filed June 24, 1961), which was overruled. By the standard in De Borja, et al. vs. Tan, etc., et
al., 93 Phil. 167, 171, "the interested parties were given their day in court, and the previous
objection of lack of notice or opportunity to be heard fully met". As the De Borja decision
points out, what the law prohibits "is not the absence of previous notice, but the absolute
absence thereof and lack of opportunity to be heard."6
2. The critical inquiry is whether or not the mandamus petition was correctly dismissed on the
ground of lack of cause of action. The job of assistant provincial assessor is a creation of the
provincial board. Petitioner concedes that, in the law of public administration, the power to
create normally implies the power to abolish.7 The thrust of his argument, however, is that the
power to abolish is not absolute; it is subject to the limitations that it be exercised (a) in good
faith, (b) personal or political reasons, and (c) not in violation of Civil Service Law. He cites the
Briones case.8 There, the reasons given for the abolition of the positions of petitioners
therein, namely, "economy and efficiency", were found to be transparent and unimpressive
and to constitute a mere subterfuge for the removal without cause of the said appellees, in
violation of the security of Civil Service tenures as provided by the Constitution." And this,
because in said case it was shown that the abolition of the 32 positions in the city mayor's
office and the office of the municipal board was preceded by the creation of 35 positions in
the city mayor's office, calling for an annual outlay of P68,100.00.
Here, the case has not gone beyond the pleadings stage; there is no trial on the merits. And,
taking the averments of the petition herein as bases, the Briones decision is not properly to he
read as controlling. For, the wholesale creation and abolition of offices in almost the same
breath there, are not here obtaining. Differences in factual background generate differences in
legal consideration.1wph1.t
Let us now take the petition on its face value. Paragraph VIII thereof avers that "with intent of
circumventing the constitutional prohibition that 'no officer or employee in the civil service
shall be removed or suspended except for cause as provided by law"', respondents

"maliciously and illegally for the purpose of political persecution and political vengeance,
reverted the fund of the salary item ... and furthermore eliminated or abolished the said
position effective July 1, 1960". This statement by itself submits no justiciable controversy for
the court's determination; it is not an allegation of ultimate facts; it is a mere conclusion of law
unsupported by factual premise. Some such averments as that "defendant usurped the office
of Senator of the Philippines";9 or that defendant had incurred damages as a consequence of
the "malicious and unjustified" institution of the action, 10 have heretofore been stricken down
by this Court as nothing more than mere conclusions of law. 11
Finally as against the allegation of malicious and illegal abolition of petitioner's position, we
have the presumption of good faith. 12 Not that this presumption stands alone. There is the
other presumption that official duty had been regularly performed by the members of the
provincial board. 13 And the facts set forth in resolution No. 7, lend stout support to these two
precepts, viz: There was a huge deficit of P60,330.60; the position of assistant provincial
assessor which is not required to be created by the Administrative Code l4 could be
dispensed with and performed by others. 15
It results that petitioner's case is not within the coverage of the exceptions to the general rule
that the provincial board's power to create normally carries with it the power to eliminate. And,
petitioner has no cause for complaint.
3. Petitioner also advances the theory that the provincial board resolution abolishing his
position is not effective, because it did not bear the stamp of approval of the Secretary of
Finance, citing Republic Act No. 1062. The necessity for such approval, however, was done
away with by the passage of Republic Act No. 2264, otherwise known as the Local Autonomy
Act. Section 3(a) of the Local Autonomy Act gives the provincial board the power to
appropriate money having in view the general welfare of the province and its inhabitants.
Concomitant to this express power is the implied power to withdraw unexpended money
already appropriated.
We observe that the sole authority given by the Autonomy Act to the Secretary of Finance is
to review provincial and city budgets and city and municipal tax ordinances. 16 Nothing
therein contained requires his approval for the abolition of positions in the provincial or city or
municipal governments. We do not even discern in the law a purpose to require such
approval. For the language is restrictive. 17 We are not prepared to take imperishable
liberties with and recast said law. Such is not within the scope of the powers entrusted to
courts of justice.
On top of all of these is the fact that section 12 of the Local Autonomy Act leaves us with but
one guidepost in the interpretation of powers allocated to local governments, thus:
Sec. 12. Rules for the interpretation of the Local Autonomy Act.
1. Implied power of a province, a city or municipality shall be liberally construed in its
favor. Any fair and reasonable doubt as to the existence of the power should be
interpreted in favor of the local government and it shall be presumed to exist.
Autonomy is the underlying rationale of the Local Autonomy Act. By the statute itself no
interpretation thereof should be indulged in which would cripple the board's powers. This legal
yardstick stops us, too, from writing into the statute the Finance Secretary's approval as a
condition precedent to effectivity of the resolution herein questioned.
4. By section 3, Rule 65 of the Rules of Court, mandamus will issue if the performance of an
act is one "which the law specifically enjoins as a duty resulting from an office, trust or

station". Mandamus compels performance of a ministerial duty. That duty must be clear and
specific. But mandamus is not meant to control or review the normal exercise of judgment or
discretion. 18 which is the case here. The respondent board, therefore, cannot be compelled
to restore petitioner's item in the budget.
The order appealed from is not legally infirm. We accordingly vote to affirm the same. Costs
against appellant. So ordered.