FACTS: Petitioner Agustina M. Enemecio (Enemecio”) is a utility worker at the Cebu State College of Science and Technology, College of Fisheries Technology (CSCST-CFT”), Carmen, Cebu. Yet, past practice shows that a decision or award of a voluntary arbitrator is, more often than not, elevated to the SC itself on a petition for certiorari, in effect equating the voluntary arbitrator with the NLRC or the CA. In the view of the Court, this is illogical and imposes an unnecessary burden upon it.
The law governing the election of members of the Batasan Pambansa on May 14, 1984, Section 132 of which specifically provides that governors, mayors, members of the various sangguniang or barangay officials shall, upon filing a certificate of candidacy, be considered on forced leave of absence from office.” Indubitably, respondent falls within the coverage of this provision, considering that at the time he filed his certificate of candidacy for the 1984 Batasan Pambansa election he was a member of the Sangguniang Panlalawigan as provided in Sections 204 and 205 of Batas Pambansa Blg.
Although the Office of the Solicitor General rightly contends that the Executive was authorized to spend in line with its mandate to faithfully execute the laws (which included the GAAs), such authority did not translate to unfettered discretion that allowed the President to substitute his own will for that of Congress.
As such, a holder thereof is subject to such regulations and conditions as the law may impose” and he cannot complain of any restrictions which public policy may dictate on his holding of more than one office.” 4 It is therefore of no avail to petitioner that the system of government in other states allows a local elective official to act as an elected member of the parliament at the same time.
The true distinction between the power to make laws and discretion as to its execution is illustrated by the fact that the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law.
