Proceedings of the first Independence congress : held in the city of Manila, Philippine islands, February 22-26, 1930 / Published under the direction of Dean maximo M. Kalaw, executive secretary, University of the Philippines.

POLITICAL SECTION

107

policy which the Central Government has adopted towards
them. The judiciary is not behind the other departments of
the government in respecting local autonomy. In our jurisprudence we frequently find judicial pronouncements guarantying the inviolability of municipal powers. For example, in the
recent case of Gabriel vs. Provincial Board of Pampanga (50
Phil. 686) the Supreme Court in a very strong language
declared that the local autonomy granted municipal corporations
in the Philippines must be protected from high-handed usurpation of strictly local powers.
Like the American cities, our municipalities have their powers
enumerated by law and the canons of construction familiar to
American lawyers and judges are applied by our courts. The
subjects on which a municipal council under the present laws
can legislate cover indeed such a wide range that it will be
tedious to enumerate them all in this discussion. Suffice it to
say that in matters of purely local concern, our municipal corporations have full power to act. In regard to the expenditure
of money, for instance, each municipal council is authorized
to make appropriations for all municipal requirements, subject
only to the approval of the provincial treasurer. If any appropriation or item therein is disapproved by the provincial
treasurer, the municipal council is authorized to appeal to the
provincial board, whose decision is final. There is nothing
in the law which provides for the intervention of the Central
Government in that matter.
It is true that the provincial board is authorized by law
to examine and annul any ordinances and resolutions of a
municipal council; and that if the council is dissatisfied with
the action of the board, appeal may be made to the Chief of
the Executive Bureau who will either affirm or reverse the
action of the board. However, it is to be noted that the law
does not authorize the provincial board to disapprove, in its
discretion, the ordinances and resolutions of a municipal council,,
but to disapprove only such of them as are beyond the powers
conferred upon the council. In other words, in the examination of municipal ordinances, the inquiry of the provincial
board must only be whether or not there is any law that expressly or impliedly authorizes the municipal council to pass