Académique Documents
Professionnel Documents
Culture Documents
*
G.R. No. 149848. November 25, 2004.
* EN BANC.
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TINGA, J.:
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The Background
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SEC. 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the National
Government.
SEC. 18. The Congress shall enact an organic act for each autonomous region
with the assistance and participation of the regional consultative commission
composed of representatives appointed by the President from a list of nominees
from multisectoral bodies. The organic act shall define the basic structure of
government for the region consisting of the executive department and legislative
assembly, both of which shall be elective and representative of the constituent
political units. The organic acts shall likewise provide for special courts with
personal, family and property law jurisdiction consistent with the provisions of the
Constitution and national laws.
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SEC. 21. The preservation of peace and order within the regions shall
be the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws.
The defense and security of the regions shall be the responsibility of the
National Government.
6 Par. (2), Sec. 1, R.A. 6734.
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208 SUPREME COURT REPORTS ANNOTATED
Disomangcop vs. Datumanong
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7 Chiongbian v. Orbos, 315 Phil. 251, 257; 245 SCRA 253, 258 (1995).
8
ARTICLE V
POWERS OF GOVERNMENT
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(10) Such other matters as may be authorized by law for the promotion
of the general welfare of the people of the Region.
ARTICLE XII
URBAN AND RURAL PLANNING AND DEVELOPMENT
ARTICLE XIX
TRANSITORY PROVISIONS
...
SEC. 4. Upon the organization of the Autonomous Region, the line
agencies and offices of the National Government dealing with local
government, social services, science and technology, labor, natural
resources, and tourism, including their personnel, equipment, properties
and budgets, shall be immediately placed under the control and
supervision of the Regional Government.
Other National Government offices and agencies in the Autonomous
Region which are not excluded under paragraph (9), Section 2, Article V of
this Organic Act, together with their personnel, equipment, properties and
budgets, shall be placed under the control and supervision of the Regional
Government pursuant to a schedule prescribed by the Oversight
Committee mentioned in Section 3, Article XIX of this Organic Act:
Provided, however, That the transfer of these offices and agencies and
their personnel, equipment, properties and budgets shall be accomplished
within six (6) years from the organization of the Regional Government.
The National Government shall continue such levels of expenditures as
may be necessary to carry out the functions devolved under this Act:
Provided, however, That the annual budgetary support shall, as soon as
practicable, terminate as to the line agencies or offices devolved to the
Regional Government.
...
SEC. 10. The National Government shall, in addition to its regular
annual allotment to the Autonomous Region, provide the Regional
Government Two billion pesos (P2,000,000,000.00) as annual assistance
for five (5) years, to fund infrastructure projects duly identified, endorsed
and approved by the Regional Planning and Development Board herein
created: Provided, however, That the annual assistance herein mentioned
shall be appropriated and disbursed through a Public Works Act duly
enacted by the Regional Assembly: Provided, further, That this annual
assistance may be adjusted
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6. Conduct continuing consultations with the local communities, take appropriate measures
to make the services of the Autonomous Regional Government responsive to the needs of
the general public and recommend such appropriate actions as may be necessary; and
7. Perform such other related duties and responsibilities within the ARMM as may be
assigned or delegated by the Regional Governor or as may be provided by law.
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11
ARTICLE IV
POWERS OF GOVERNMENT
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12
R.A. 9054 lapsed into law on 31 March 2001. It was
ratified in a plebiscite held on 14 August 2001. The
province of
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nications facilities where frequencies are confined to and whose main offices are
located within the autonomous region.
(m) Patents, trademarks, trade names, and copyrights, and
(n) Foreign trade.
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ARTICLE VI
THE LEGISLATIVE DEPARTMENT
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SEC. 20. Annual Budget and Infrastructure Funds.—The annual
budget of the Regional Government shall be enacted by Regional
Assembly. Funds for infrastructure in the autonomous region allocated by
the central government or national government shall be appropriated
through a Regional Assembly Public Works Act.
Unless approved by the Regional Assembly, no public works funds
allocated by the central government or national government for the
Regional Government or allocated by the Regional Government from its
own revenues may be disbursed, distributed, realigned, or used in any
manner.
...
ARTICLE XI
URBAN AND RURAL PLANNING AND DEVELOPMENT
ARTICLE XVIII
TRANSITORY PROVISIONS
SEC. 11. Annual Assistance.—In addition to the regular annual
allotment to fund the regular operations of the Regional Government,
such amounts as may be needed to fund the infrastructure projects duly
identified, endorsed, and approved by the Regional Economic and
Development Planning Board as created herein shall be provided by the
central government or national government as annual assistance for six
(6) years after the approval of this Organic Act, and shall be included in
the annual General Appropriations Act (GAA). The annual assistance
herein mentioned shall be appropriated and disturbed through a Public
Works Act duly enacted by the Regional Assembly. The national programs
and projects in the autonomous region shall continue to be financed by the
central government or national government funds.
12 See Sec. 27 (1), Art. VI, 1987 CONST.
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13 Rollo, p. 9.
14 Id., at pp. 5 and 10.
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15 Id., at p. 19.
16 Id., at p. 14.
17 Id., at pp. 17-18.
18 Id., at p. 31.
19 Dated 7 January 2002; Rollo pp. 36-49.
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20
(E.O. 124). In defense of the constitutionality of R.A. 8999,
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Jurisdictional Considerations
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25 Santiago v. Guingona, Jr., 359 Phil. 276, 293; 298 SCRA 756, 774
(1998). Par. 2, Sec. 1, Article VIII of the 1987 CONST., provides:
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government.
26 Mirasol v. Court of Appeals, G.R. No. 128448, 1 February 2001, 351
SCRA 44, 53-54 citing Board of Optometry v. Colet, 260 SCRA 88, 103
(1996); See also Philippine Constitution Association v. Enriquez, G.R. Nos.
113105, 113174, 113766, 19 August 1994, 235 SCRA 506, 518 [citing Luz
Farms v. Secretary of the Department of Agrarian Reform, 192 SCRA 51,
(1990); Dumlao v. Commission on Elections, 95 SCRA 392 (1980); People v.
Vera, 65 Phil. 56 (1937)]; Mariano, Jr. vs. Commission on Elections, 312
Phil. 259, 270; 242 SCRA 211, 220 (1995); Commissioner of Internal
Revenue v. Court of Tax Appeals, G.R. No. 44007, 20 March 1991, 195
SCRA 444, 452; Fernandez v. Torres, G.R. No. 102940, 6 November 1992,
215 SCRA 489, 493; Macasiano v. National Housing Authority, G.R. No.
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107921, 1 July 1993, 224 SCRA 236, 242; Integrated Bar of the
Philippines v. Zamora, 392 Phil. 618, 632; 338 SCRA 81, 99 (2000),
Citations omitted.
27 338 Phil. 546, 574; 272 SCRA 18, 47 (1997).
28 Supra note 25 at p. 294; p. 775.
29 Microsoft Corporation v. Best Deal Computer Center Corporation, 438
Phil. 408, 414; 389 SCRA 615 (2002), citations omitted; J. L. Bernardo
Construction v. Court of Appeals, 381 Phil. 25, 36; 324 SCRA 24, 34 (2000),
Citation omitted; Bayan (Bagong Alyansang Makabayan) v. Zamora, G.R.
Nos. 138570, 138572, 138587, 138680, 138698, 10 October 2000, 342
SCRA 449, 494. See also Estate of Salud Jimenez v. Philippine Export
Processing Zone, G.R. No. 137285, 16 January 2001, 349 SCRA 240, 252-
253; Toh v. Court of Appeals, G.R. No. 140274, 15 November 2000, 344
SCRA 831, 836-837 citing Solvic Industrial Corporation v. National Labor
Relations Commission, 296 SCRA 432, 441 (1998).
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VOL. 444, NOVEMBER 25, 2004 221
Disomangcop vs. Datumanong
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Points of Contention
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FR. BERNAS. Yes, that is the reason I am bringing this up. This
thing involves some rather far-reaching consequences also in
relation to the issue raised by Commissioner Romulo with respect
to federalism. Are we, in effect, creating new categories of laws?
Generally, we have statutes and constitutional provisions. Is this
organic act equivalent to a constitutional provision? If it is going
to be equivalent to a constitutional provision, it would seem to me
that the formulation of the provisions of the organic act will have
to be done by the legislature, acting as a constituent assembly,
and therefore, subject to the provisions of the Article on
Amendments. That is the point that I am trying to bring up. In
effect, if we opt for federalism,
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Any amendment to or revision of this Organic Act shall become effective only when
approved by a majority of the vote cast in a plebiscite called for the purpose, which
shall be held not earlier than sixty (60) days or later than ninety (90) days after
the approval of such amendment or revision.
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longing the agony of their vigil and their struggle. This, too is a
plea for national peace. Let us not pass the buck to the Congress
to decide on this. Let us not wash our hands of our responsibility
to attain national unity and peace and50 to settle this problem and
rectify past injustices, once and for all.
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government, whether this will prevent the President from sending armed forces to
suppress the rebellion, I said, “No, because of the expression ‘within the
framework of national sovereignty.’ ” We are not granting sovereignty to the
autonomous region. That is why the term “power of autonomous region” was
appropriately used because as an accepted principle in constitutional law,
sovereignty is indivisible. That is why we also maintain the provision in both
Committee Report Nos. 21 and 25 that the President of the Philippines has
supervisory power over autonomous regions to see to it that laws are faithfully
executed. So, I find no inconsistency between the powers to be granted to
autonomous regions and the sovereignty of the Republic of the Philippines.
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63
A necessary prerequisite of autonomy is decentralization.
Decentralization 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. It is
typically a delegated power, wherein a larger government
chooses to delegate certain authority to more local
governments. Federalism implies some measure of
decentralization, but unitary systems may also
decentralize. Decentralization differs intrinsically from
federalism in that the sub-units that have been authorized
to act (by delegation) do not possess
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any claim of right
against the central government.
Decentralization comes in two forms—deconcentration
and devolution. Deconcentration is administrative in
nature; it involves the transfer of functions or the
delegation of authority and responsibility from the national
office to the regional and local offices. This mode of
decentralization 65is also referred to as administrative
decentralization.
Devolution, on the other hand, connotes political
decentralization, or the transfer of powers, responsibilities,
and resources for the performance of certain functions
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from
the central government to local government units. This is
a more liberal form of decentralization since there is an
actual trans-
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67
fer of powers and responsibilities. It aims to grant greater
autonomy to local government units in cognizance of their
right to self-government, to make them self-reliant, and 68
to
improve their administrative and technical capabilities.
This Court elucidated
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the concept of autonomy in
Limbona v. Mangelin, thus:
“Autonomy is either decentralization of administration or
decentralization of power. There is decentralization of
administration when the central government delegates
administrative powers to political subdivisions in order to broaden
the base of government power and in the process to make local
governments “more responsive and accountable,” and “ensure
their fullest development as self-reliant communities and make
them more effective partners in the pursuit of national
development and social progress.” At the same time, it relieves
the central government of the burden of managing local affairs
and enables it to concentrate on national concerns. The President
exercises “general supervision” over them, but only to “ensure
that local affairs are administered according to law.” He has no
control over their acts in the sense that he can substitute their
judgments with his own.
“Decentralization of power, on the other hand, involves an
abdication of political power in the favor of local government units
declared to be autonomous. In that case, the autonomous
government is free to chart its own destiny and shape its future
with minimum intervention from central authorities. According to
a constitutional author, decentralization of power amounts to
“self-immolation,” since in that event the autonomous government
becomes accountable not to the central authorities but to its
constituency.”
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70 Ibid.
71 G.R. Nos. 79956 and 82217, 29 January 1990, 181 SCRA 495, 506.
72 Ibid.; emphasis supplied.
73 Supra note 36 at p. 172; SPONSORSHIP SPEECH OF BENNAGEN.
74 M. TAMANO, AUTONOMY: TO KEEP THIS NATION INTACT 131
(1986).
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75
To this end, Section 16, Article X limits76
the power of the
President over autonomous regions. In essence, the
provision also curtails
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the power of Congress over
autonomous regions. Consequently, Congress will have to
re-examine national laws and make sure that they reflect
the Constitution’s adherence to local autonomy. And in
case of conflicts, the underlying spirit which should guide
its resolution
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is the Constitution’s desire for genuine local
autonomy.
The diminution of Congress’ powers over autonomous 79
regions was confirmed in Ganzon v. Court of Appeals,
wherein this Court held that “the omission (of “as may be
provided by law”) signifies nothing more than to underscore
local governments’ autonomy from Congress and to break
Congress’ ‘control’ over local government affairs.”
This is true to subjects over which autonomous regions
have powers, as specified in Sections 18 and 20, Article X of
the 1987 Constitution. Expressly not included therein are
powers over certain areas. Worthy of note is that the area of
public works is not excluded and neither is it reserved for
the National Government. The key provisions read, thus:
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75 Sec. 16, Art. X, 1987 CONST.: “The President shall exercise general
supervision over autonomous regions to ensure that laws are faithfully
executed.”
76 Fr. Bernas stressed this point:
FR. BERNAS. I think what we were saying is that when we speak of autonomy,
we are speaking of autonomy not just vis-à-vis the President but also vis-à-vis the
Legislature. So that while we are curtailing the power of the President, we are also
curtailing the power of the Legislature. (III RECORD 515; 19 August 1986).
77 J. Bernas, op. cit. supra note 35 at 1100, citing III RECORD 514-516.
78 Id., at p. 1107.
79 G.R. Nos. 93252, 93746, 95245, 5 August 1991, 200 SCRA 271, 281.
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SEC. 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the
regional consultative commission composed of representatives
appointed by the President from a list of nominees from
multisectoral bodies. The organic act shall define the basic
structure of government for the region consisting of the
executive department and legislative assembly, both of
which shall be elective and representative of the
constituent political units. The organic acts shall likewise
provide for special courts with personal, family and property law
jurisdiction consistent with the provisions of the Constitution and
national laws.
The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in
a plebiscite called for the purpose, provided that only provinces,
cities, and geographic areas voting favorably in such plebiscite
shall be included in the autonomous region.
SEC. 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act
of autonomous regions shall provide for legislative powers over:
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239
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
...
SEC. 20. Annual Budget and Infrastructure Funds.—The
annual budget of the Regional Government shall be enacted by
Regional Assembly. Funds for infrastructure in the autonomous
region allocated by the central government or national
government shall be appropriated through a Regional Assembly
Public Works Act.
Unless approved by the Regional Assembly, no public works
funds allocated by the central government or national government
for the Regional Government or allocated by the Regional
Government from its own revenues may be disbursed, distributed,
realigned, or used in any manner.
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In this
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regard, it is not amiss to cite Opinion No. 120, S.
1991 of the Secretary of Justice on whether the national
departments or their counterpart departments in the ARG
are responsible for implementation of roads, rural water
supply, health, education, women in development,
agricultural extension and watershed management.
Referring to Section 2, Article V of R.A. 6734 which
enumerates the powers of the ARG, he states:
It is clear from the foregoing provision of law that except for the
areas of executive power mentioned therein, all other such areas
shall be exercised by the Autonomous Regional Government
(“ARG”) of the Autonomous Region in Muslim Mindanao. It is
noted that programs relative to infrastructure facilities, health,
education, women in development, agricultural extension and
watershed management do not fall under any of the exempted
areas listed in the abovequoted provision of law. Thus, the
inevitable conclusion is that all these spheres of executive
responsibility have been transferred to the ARG.
Reinforcing the aboveview (sic) are the various executive
orders issued by the President providing for the devolution of the
powers and functions of specified executive departments of the
National Government to the ARG. These are E.O. Nos. 425
(Department of Labor and Employment, Local Government,
Tourism, Environment and Natural Resources, Social Welfare
and Development and Science and Technology), 426 (Department
of Public Works and Highways), 459 (Department of Education,
Culture and Sports) and 460 (Department of Agriculture). The
execution of projects on infrastructure, education, women,
agricultural extension and watershed management within the
Autonomous Region of Muslim Mindanao normally fall within the
responsibility of one of the aforementioned executive departments
of the National Government, but by virtue of the aforestated EOs,
such responsibility has been transferred to the ARG.
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242
242 SUPREME COURT REPORTS ANNOTATED
Disomangcop vs. Datumanong
Court upheld
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in the case of Abbas v. Commission on
Elections. In Section 4, Article XVIII of said Act, “central
government or national government offices and agencies in
the autonomous region84
which are not excluded under
Section 3, Article IV of this Organic Act, shall be placed
under the
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85 The Explanatory Note of House Bill No. 995, the source of R.A. 8999,
was adopted as its sponsorship speech. It reads:
EXPLANATORY NOTE
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92 David v. Commission on Elections, 337 Phil. 535, 547; 271 SCRA 90,
101 (1997), citation omitted.
93 Sec. 18, R.A. 9054.
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Conclusion
The repeal of R.A. 8999 and the functus officio state of D.O.
119 provide the necessary basis for the grant of the writs of
certiorari and prohibition sought by the petitioners.
However, there is no similar basis for the issuance of a writ
of mandamus to compel respondent DBM Secretary to
release funds appropriated for public works projects in
Marawi City and Lanao del Sur to the DPWH-ARMM First
Engineering District in Lanao del Sur and to compel
respondent DPWH Secretary to allow the DPWH-ARMM,
First Engineering District in Lanao del Sur to implement
all public works projects within its jurisdictional area.
Section 20, Article VI of R.A. 9054 clearly provides that
“(f)unds for infrastructure in the autonomous region
allocated by the central government or national
government shall only be appropriated through a Regional
Assembly Public Works Act” passed by the Regional
Assembly. There is no showing that such Regional
Assembly Public Works Act has been enacted.
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