APPLICATION OF THE CODE TO LGUs IN THE AUTONOMOUS REGIONS

THE ARMM 1987 Constitution

Article X. Local Government Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and this Cordilleras as hereinafter provided. The Constitution allows only two such region. There is only one Autonomous Region Creation is by an organic act.

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. Composition of autonomous region Creation does not mean the establishment of sovereignties distinct from that of the Republic. The creation contemplates the grant of political autonomy and not just administrative autonomy.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in National Government. Residual powers are vested in the national government. Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. The power of the President over autonomous regions is of general supervision.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representative 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 this Constitution and national laws. The creation of the autonomous region shall be effective when approved by a 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.

Three steps in the processing of determining the territory that will comprise the autonomous region: 1. Preliminary administrative region of what areas should be considered for inclusion in the autonomous region. 2. Congress through the Organic Act makes a determination of what might be included and therefore should participate in the plebiscite. 3. The plebiscite can further modify the determination made by the Organic Act because Section 18 says that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Requirement of an organic act for each autonomous region (1) Enactment and ratification of an organic act. a) Congress is mandated to enact an organic act to be proposed for each autonomous region or the basic law by virtue of which it shall exist as such, defining its organization and powers (Sec. 20), including its constituent units. b) The creation of the regional consultative council does not need an act of Congress. c) Section 18 also requires that both the executive department and legislative assembly of each region shall be elective and representative of the constituent political units. (2) The creation of the autonomous region shall be effective only when approved by the majority of the votes cast in the plebiscite but only the units voting favorably shall be included in the autonomous region. (3) Need for an organic act.

NOTE:
Only the provinces and cities where majority is obtained shall be included in the autonomous region Autonomous region is made to depend, not on the total majority vote in the plebiscite, but on the will of the majority in each of the constituent units. Ascertainment by Congress of the areas that share common attributions is within the exclusive realm of legislatives discretion.

 Section 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: (1) Administrative organizations; (2) Creation of sources of revenues; (3) Ancestral domain and natural resources; (4) Personal, family, and property relations; (5) Regional urban and rural planning development; (6) Economic, social, and tourism development; (7) Educational policies; (8) Preservation and development of the cultural heritage; and (9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the origin.

 The grant of powers is subject to the provisions of the Constitution particularly Article III (Bill of Rights) and Article X and laws enacted by Congress. An autonomous region has almost complete administrative and legislative autonomy. An autonomous region cannot create a new province.

Section 21. The preservation of peace and order within the regions shall be 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.

This responsibility is entrusted to the local police agencies to which it properly pertains. The defense and security of the regions shall be responsibility of the national government.

ABBAS v. COMELEC
Under the Constitution and R.A. No 6734, the creation of the autonomous region shall take effect only when approved by a majority of the votes cast by the constituent units in a plebiscite, and only those provinces and cities where a majority vote in favor of the Organic Act shall be included in the autonomous region. The provinces and cities wherein such a majority is not attained shall not be included in the autonomous region.

PANDI v. CA
The Regional Secretary, by virtue of EO No. 133, assumed the administrative powers and functions of the Secretary of Health of the National Government with respect to provincial health offices within the ARMM. The official exercising supervision and control over an office has the administrative authority to designate, in the interest of public service, an Officer-in Charge if the office becomes vacant. After the effectivity of the ARMM Local Code, the Regional Secretary of Health lost the authority to make such a designation.

DISOMANGCOP v. THE SECRETARY OF THE DPWH

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 provision thereof cannot be amended by an ordinary statute, such as R.A. 8999 in this case. The amendatory law has to be submitted to a plebiscite.