Creation of autonomous regional bodies
G.R. No. 149949 — Dismangcop v. Datumanong
Tinga, J.
The petitioners assail the constitutionality of RA 8999 and DO 119, which
both created offices which have similar functions as the office created by the
Autonomous Regional Government in Muslim Mindanao.
DOCTRINE
Grant of certain executive powers in ARMM must be respected by a national
agency.
FACTS
1. The petitioners in this case are assailing the constitutionality and
validity of DO 119 and RA 8999.
2. A history of the legal antecedents:
a. Pursuant to the Constitutional mandate to establish regional
autonomy in Muslim Mindanao and the Cordilleras, RA 6734
entitled An Act Providing for an Organic Act for the
Autonomous Region in Muslim Mindanao was enacted and
signed into law on August 1989.
b. In accordance with this, then President Corazon Aquino
issued EO 426 on October 1990, which placed the control
and supervision of the Department of Public Works and
Highways (“DPWH”) within the autonomous region under the
Autonomous Regional Government (“ARG”).
c. Nine years later, the DPWH secretary issued DO 119, which
created a DPWH Marawi Sub-District Engineering Office.
i.
This office has jurisdiction over all national
infrastructure projects and facilities under the DPWH
within Marawi City and the province of Lanao del
Sur.
d. Two years later, then President Joseph Estrada signed into
law RA 8999, which established an engineering district in the
province of Lanao Del Sur.
i.
Significantly, it also provided that the amount
necessary for the district to carry out its functions are
included in the General Appropriations Act.
e. Congress later passed RA 9054, which further strengthened
and expanded the Organic Act. This was ratified in a
plebiscite. Both RA 6734 and 9054 are collectively referred
to as the ARMM Organic Acts.
3. Petitioners Arsadi Disomangcop and Ramir Dimalotang, in their
capacities as Officer-in-Charge and District Engineer, respectively, of
the First Engineering District of the DPWH-ARMM in Lanao del Sur,
filed this instant petition for certiorari, prohibition and mandamus,
challenging the constitutionality of DO 119 and RA 8999.
a. The First Engineering District of the DPWH-ARMM was
created by the Autonomous Government and had identical
functions as the First Engineering District created by DO 118
and the First Engineering District of Lanao del Sur created
by RA 8999.
4. The petitioners allege that:
a. DO 119 was issued with GAOD and that it violates the
constitutional autonomy of the ARMM.
i.
They point out that the DO has tasked the Marawi
Sub-District Engineering Office with functions that
have already been devolved to the DPWH-ARMM
First Engineering District in Lanao del Sur.
b. They also allege that RA 8999 is a piece of legislation that
was not thoroughly studied and that the legislators did not
conduct public hearings nor consultations with the DPWHARMM.
5. In their comment, the respondents argued that it was in accordance
with EO 124 and that the powers of the autonomous regions did not
diminish the legislative power of Congress.
ISSUE with HOLDING
(Not that important) WoN RA 8999 is constitutional – No. The challenged
law never became operative and was superseded by the enactment of later
laws.
1. The ARMM Organic Acts are deemed a part of the regional
autonomy scheme. While they are classified as statutes, the Organic
Acts are more than ordinary statutes because they enjoy affirmation
by a plebiscite. Hence, the provisions thereof cannot be amended by
an ordinary statute, such as R.A. 8999. The amendatory law has to
be submitted to a plebiscite.
2. By creating an office with previously devolved functions, R.A. 8999,
in essence, sought to amend R.A. 6074. The amendatory law should
therefore first obtain the approval of the people of the ARMM before
it could validly take effect. Absent compliance with this requirement,
R.A. 8999 has not even become operative.
3. R.A. 8999 is antagonistic to and cannot be reconciled with both
ARMM Organic Acts. The kernel of the antagonism and disharmony
lies in the regional autonomy which the ARMM Organic Acts ordain
pursuant to the Constitution. On the other hand, R.A. 8999
contravenes true decentralization which is the essence of regional
autonomy.
What is regional autonomy under the Organic Acts?
1. The passage of the ARMM Organic Acts recognizes the need to
acknowledge the Philippines’ ethnolinguistic, cultural and religious
diversity, conferring to those in Muslim Mindanao and the Cordillera
a measure of legal self-sufficiency and self-government.
2. However, the creation of autonomous regions does not signify the
establishment of a sovereignty distinct from that of the Republic, as it
can be installed only within the framework of the Constitution.
3. Regional autonomy refers to the granting of basic internal
government powers to the people of a particular area or region with
least control and supervision from the central government.
4. The objective of the autonomy system is to permit determined
groups, with a common tradition and shared social-cultural
characteristics, to develop freely their ways of life and heritage,
exercise their rights, and be in charge of their own business.
a. This is achieved through the establishment of a special
governance regime for certain member communities who
choose their own authorities from within the community and
exercise the jurisdictional authority legally accorded to them
to decide internal community affairs.
5. A necessary prerequisite of autonomy is decentralization, which is a
decision by the central government authorizing its subordinates,
whether geographically or functionally defined, to exercise authority
in certain areas. It involves decision-making by subnational units.
6. Decentralization comes in two forms: deconcentration and
devolution.
a. Deconcentration is administrative in nature. It involves the
transfer of functions or the delegation of authority and
responsibility. It is also known as administrative
decentralization.
b. Devolution connotes political decentralization, or the transfer
of powers, responsibilities and resources to LGUs, granting
greater autonomy.
7. The creation of the autonomous regions in Muslim Mindanao and the
Cordilleras contemplates devolution, granting political autonomy and
not just administrative autonomy.
8. To this end, Section 16, Article X of the Constitution limits the power
of the President over the regions. In essence, the provision also
curtails the power of Congress over the autonomous regions.
So what does this mean re: the two assailed provisions?
1. The fact that these regions were given regional autonomy means
that the Muslims in Mindanao are to be given freedom and
independence with minimum interference from the National
Government.
a. This necessarily includes the freedom to decide on, build,
supervise and maintain the public works and infrastructure
projects within the autonomous region.
b. The devolution of the powers and functions of the DPWH in
the ARMM and transfer of the administrative and fiscal
management of public works and funds are meant to be true,
meaningful and unfettered.
2. This is also supported by the provisions which specify the powers of
the ARG (Sections 18 and 20, Article X of the Constitution), which
indicate that the area of public works is not excluded and neither is it
reserved for the National Government.
Legality of RA 8999
1. R.A. 8999 takes away the control of the ARG, allowing for the
National Government to again take control. The challenged law
creates an office with functions and powers which, by virtue of E.O.
426, have been previously devolved to the DPWH-ARMM, First
Engineering District in Lanao del Sur.
2. E.O. 426 clearly ordains the transfer of the control and supervision of
the offices of the DPWH within the ARMM, including their functions,
powers and responsibilities, personnel, equipment, properties, and
budgets to the ARG.
3. The continued enforcement of R.A. 8999, therefore, runs afoul of the
ARMM Organic Acts and results in the recall of powers which have
previously been handed over.
Legality of DO 119
1. DO 119 is also legally infirm for having essentially created the same
office as the DPWH-ARMM First Engineering District. The
department order, in effect, takes back powers which have been
previously devolved under EO 426. Thus, DO 119 runs counter to
the provisions of EO 426.
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2. The DPWH’s order cannot rise higher than its source of power, the
Executive.
3. In any event, the ARMM Organic Acts and their ratification in a
plebiscite in effect superseded EO 124. In case of an irreconcilable
conflict between two laws of different vintages, the later enactment
prevails because it is the later legislative will.
4. Further, in its repealing clause, RA 9054 states that all laws,
decrees, orders, rules and regulations, and other issuances or parts
thereof, which are inconsistent with this Organic Act, are hereby
repealed or modified accordingly.
5. With the repeal of EO 124 which is the basis of DO 119, it
necessarily follows that DO 119 was also rendered functus officio by
the ARMM Organic Acts.
DISPOSITIVE PORTION
WHEREFORE, considering that Republic Act No. 9054 repealed Republic
Act No. 8999 and rendered DPWH Department Order No. 119 functus officio,
the petition insofar as it seeks the writs of certiorari and prohibition is
GRANTED. Accordingly, let a writ of prohibition ISSUE commanding
respondents to desist from implementing R.A. 8999 and D.O. 119, and
maintaining the DPWH Marawi Sub-District Engineering Office and the First
Engineering District of the Province of Lanao del Sur comprising the City of
Marawi and the municipalities within the First District of Lanao del Sur.
However, the petition insofar as it seeks a writ of mandamus against
respondents is DENIED.
DIGESTER: Jose Ranulfo R. Mendoza
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