OCTAVIANO, Leslie Anne O.

2006-33060

The Law on Local Governments Prof. Gisella D. Reyes

Disomang Cop vs. Datumanong November 25, 2004 | Tinga Facts: Pursuant to the constitutional mandate provided in the 1987 Constitution for the creation of autonomous regions in Muslim Mindanao and in the Cordilleras, RA 67341 was enacted and signed into law. The law called for the holding of a plebiscite in provinces in Mindanao, and in the ensuing plebiscite, the provinces of Lanao del Sur, Maguindanao, Sulu and Taw-Tawi voted for the creation of the autonomous region. The law contains elaborate provisions on the powers of the Regional Government and the areas of jurisdiction which are reserved for the National Government. In accordance with RA 6734, then President Aquino issued EO 426, entitled Placing the Control and Supervision of the Offices of the Department of Public Works and Highways within the Autonomous Region in Muslim Mindanao under the Autonomous Regional Government, and for other purposes on November 6 1990. ARMM was formally organized on November 6 1990, and at that point then Pres. Aquino had already signed Eos devolving to ARMM the power of seven cabinet departments, among which is that of public works and highways. Nine years later (1999), DPWH Secretary Vigilar issued D.O. 119, creating the Marawi Sub-District Engineering Office, which shall have jurisdiction over all national infrastructure projects and facilities under the DPWH within Marawi City and the province of Lanao del Sur. Two years later (2001), then President Estrada signed into law RA 89992. Congress later passed RA 90543, containing detailed provisions on the powers of the Regional Government and the retained areas of governance of the National Government. RA 9054 lapsed into law on March 31 2001 and was ratified in a plebiscite later that year. The province of Basilan and the City of Marawi also voted to join ARMM in the same date. RA 6734 and RA 9054 are collectively referred to as the ARMM Organic Acts. Petitioners Disomangcop and Dimalotang, in their capacity as Officer-in-Charge and District Engineer/Engineer II, respectively, of the First Engineering District of DPWHARMM, filed a petition seeking to annul and set aside DO 119, to prohibit respondent DPWH Secretary from implementing DO 119 and RA 8999 and releasing funds for public works projects intended for Lanao del Sur and Marawi City to the Marawi Sub-District Engineering Office and other administrative regions of DPWH, and to compel DPWH Secretary to let the DPWH-ARMM First Engineering District in Lanao del Sur implement all public works projects within its jurisdictional area.

In support, petitioners allege that DO 119 was issued with grave abuse of discretion and that it violates the constitutional autonomy of ARMM. They point out that the challenged 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. In response, however, respondents maintain the validity of DO 119, arguing that it was issued in accordance with EO 124. As to RA 8999, they submit that the powers of the autonomous regions did not diminish the legislative power of Congress. Issue: WON R.A. 8999 and D.O. 119 are unconstitutional Held: YES. R.A 8999: The plain truth is that the challenged law never became operative and was superseded or repealed by a subsequent enactment. The ARMM Organic Acts are deemed a part of the regional autonomy scheme. The Organic Acts are more than ordinary statutes because they enjoy affirmation by a plebiscite, The provisions thereof cannot be amended by an ordinary statute, such as RA 8999. The amendatory law has to be submitted to a plebiscite. By creating an office with previously devolved functions, RA 8999, in essence, sought to amend RA 6074. Such should therefore first obtain the approval of the people of ARMM. Absent compliance with this requirement, RA 8999 has not even become operative. From another perspective, RA 8999 was impliedly repealed and superseded by RA 9054. RA 9054 is anchored on the 1987 Constitution. It advances the constitutional grant of autonomy by detailing the powers of the ARG. RA 8999, however, ventures to re-establish the National Governments jurisdiction over infrastructure programs in Lanao del Sur. RA 8999 is patently inconsistent with RA 9054, and it destroys the latters objective. By mandating regional autonomy in the Constitution, the framers intended it to mean meaningful and authentic regional autonomy. To this end, Section 16, Article X limits the power of the President over autonomous regions. In essence, the provision also curtails the power of Congress over autonomous regions. Congress will have to re-examine national laws and make sure that they reflect the Constitutions adherence to local autonomy. And in case of conflicts, the underlying spirit which should guide its resolution is the Constitutions desire for genuine local autonomy. RA 8999 creates an office with functions and powers which, by virtue of EO 426, have been previously devolved to the DPWH-ARMM, First Engineering District in Lanao del Sur. EO 426 clearly ordains the transfer of the control and supervision of the offices of the DPWH within the ARMM to the ARG. Evidently, the intention is to cede some, if not most, of the powers of the national government to the autonomous government in order to effectuate a veritable autonomy. The continued enforcement of RA 8999, therefore, runs afoul of the ARMM Organic Acts and results in the recall of powers which have been previously handed over. D.O. 119: The office created under DO 119 having essentially the same powers as that which was created under EO 426, is a duplication of the DPWH-ARMM First

An Act Providing for An Organic Act for the Autonomous Region in Muslim Mindanao 2 An Act Establishing An Engineering District in the First District of the Province of Lanao del Sur and Appropriating Funds Therefor 3 An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending RA 6734

OCTAVIANO, Leslie Anne O. 2006-33060

The Law on Local Governments Prof. Gisella D. Reyes

Engineering District in Lanao del Sur. In effect, the DO takes back powers which have been previously devolved. DO 119 runs counter to the provisions of EO 426. The fact that DO 119 was issued pursuant to EO 124 is of no moment. A special provision or law prevails over a general one. EO 124, upon which DO 119 is based, is a general law reorganizing the Ministry of Public Works and Highways while EO 426 is a special law transferring the control and supervision of the DPWH offices within ARMM to the ARG. The latter statute specifically applies to DPWH-ARMM offices. EO 124 should give way to EO 426. In any event, the ARMM Organic Acts and their ratification in a plebiscite superseded EO 124. 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. With the repeal of EO 124 which is the basis of DO 119, it necessarily follows that DO 119 was rendered functus officio by the ARMM Organic Acts. Notes: Decentralization comes in two formsdeconcentration 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 is 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 from the central government to local government unit. This is a more liberal form of decentralization since there is an actual transfer 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 to improve their administrative and technical capabilities.\ Abbas vs. COMELEC November 10, 1989 | Cortes Facts: The present controversy relates to the plebiscite in 13 provinces and 9 cities in Mindanao and Palawan, in implementation of RA 6734, entitled An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao." The consolidated petitions pray that the Court: (1) enjoin the COMELEC from conducting the plebiscite and the Secretary of Budget and Management from releasing funds to the COMELEC for that purpose; and (2) declare RA 6734, or parts thereof, unconstitutional. The arguments against RA 6734 raised by petitioners may generally be categorized into either of the following: (a) that R.A. 6734, or parts thereof, violates the Constitution, and (b) that certain provisions of R.A. No. 6734 conflict with the Tripoli Agreement. Issues: (1) WON certain provisions in RA 6734 conflict with the Tripoli Agreement (SC found it neither necessary nor determinative of the case to rule on the nature of the Tripoli

Agreement and its binding effect on the Philippine Government whether under public international or internal Philippine law. Only a determination by this Court that R.A. No. 6734 contravened the Constitution would result in the granting of the reliefs sought.) (2) WON RA 6734, or parts thereof, violates the Constitution (NO) Held: (1) It is now the Constitution itself that provides for the creation of an autonomous region in Muslim Mindanao. The standard for any inquiry into the validity of R.A. No. 6734 would therefore be what is so provided in the Constitution. Thus, any conflict between the provisions of R.A. No. 6734 and the provisions of the Tripoli Agreement will not have the effect of enjoining the implementation of the Organic Act. Assuming for the sake of argument that the Tripoli Agreement is a binding treaty or international agreement, it would then constitute part of the law of the land. But as internal law it would not be superior to R.A. No. 6734, an enactment of the Congress of the Philippines, rather it would be in the same class as the latter. Thus, if at all, R.A. No. 6734 would be amendatory of the Tripoli Agreement, being a subsequent law. (2) 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. The single plebiscite contemplated by the Constitution and R.A. No. 6734 will therefore be determinative of (1) whether there shall be an autonomous region in Muslim Mindanao and (2) which provinces and cities, among those enumerated in R.A. No. 6734, shall compromise it. The creation of the 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. What is required by the Constitution is a simple majority of votes approving the organic Act in individual constituent units and not a double majority of the votes in all constituent units put together, as well as in the individual constituent units. The Constitution lays down the standards by which Congress shall determine which areas should constitute the autonomous region. Guided by these constitutional criteria, the ascertainment by Congress of the areas that share common attributes is within the exclusive realm of the legislature's discretion. Any review of this ascertainment would have to go into the wisdom of the law. This the Court cannot do without doing violence to the separation of governmental powers. Any determination by Congress of what areas in Mindanao should compromise the autonomous region, taking into account shared historical and cultural heritage, economic and social structures, and other relevant characteristics, would necessarily carry with it the exclusion of other areas.

OCTAVIANO, Leslie Anne O. 2006-33060

The Law on Local Governments Prof. Gisella D. Reyes

Moreover, equal protection permits of reasonable classification. Judicial power includes the duty to settle actual controversies involving rights which are legally demandable and enforceable. There are no conflicting claims involving the application of national law resulting in an alleged violation of religious freedom. This being so, the Court in this case may not be called upon to resolve what is merely a perceived potential conflict between the provisions the Muslim Code and national law. Administrative regions are not territorial and political subdivisions. While the power to merge administrative regions is not expressly provided for in the Constitution, it is a power which has traditionally been lodged with the President to facilitate the exercise of the power of general supervision over local governments. If the Organic Act is approved by majority of the votes cast by constituent units in the scheduled plebiscite, the creation of the autonomous region immediately takes effect. The questioned provisions in R.A. No. 6734 requiring an oversight Committee to supervise the transfer do not provide for a different date of effectivity. Much less would the organization of the Oversight Committee cause an impediment to the operation of the Organic Act, for such is evidently aimed at effecting a smooth transition period for the regional government. Every law has in its favor the presumption of constitutionality. Those who petition this Court to declare a law, or parts thereof, unconstitutional must clearly establish the basis for such a declaration, otherwise, their petition must fail. Based on the grounds raised by petitioners to challenge the constitutionality of R.A. No. 6734, the Court finds that petitioners have failed to overcome the presumption. Pandi v. CA April 11, 2002 | Carpio Facts: The Regional Director and Secretary of the DOH of the ARMM, Dr. Jarmila Macacua, issued a memo (1 st memorandum) designating Dr. Lampa Pandi who was then DOH-ARMM Assistant Regional Secretary, as Officer-inCharge of the Integrated Provincial Health Office-Amai Pakpak General Hospital (IPHO-APGH), Lanao del Sur. Macaua also detailed Dr. Mamasao Sani, then the provincial health officer of the IPHO-APGH to the DOH-ARMM Regional Office in Cotabato City. Later on, the Provincial Governor of Lanao del Sur issued Office Order No. 07 designating Saber also as Officerin-Charge of the IPHO-APGH. Sani filed a complaint with the RTC challenging his transfer to the DOH-ARMM Regional Office in Cotabato City, alleging that he is the holder of a permanent appointment as provincial health officer of the IPHO-APGH. Saber also filed with the CA a petition for quo warranto with prayer for preliminary injunction, claiming that he is the lawfully designated Officer-in-Charge of the IPHO-APGH. On October 29, 1993, then President Fidel V. Ramos issued Executive Order No. 133 transferring the powers and functions of the Department of Health in the region to the

Regional Government of the ARMM. Macacua reiterated his orders regarding Pandi and Sani in another memo. (2 nd memorandum) CA held that Saber is the lawfully designated Officerin-Charge of the IPHO-APGH. It ruled that the provincial governor has the power and authority to appoint the provincial health officer under Section 478 of the LGC. Issue: (1) WON the provincial governor can designate Saber as the Officer-in-Charge in the provincial health office of Lanao del Sur (2) WON Sani, an incumbent provincial health officer of Lanao del Sur can be assigned to another province and if so, who can order such assignment (3) WON Macacua is empowered to appoint Pandi as the provincial health officer of Lanao del Sur Held: (1) NO. The Secretary of Health from the National Government exercised supervision and control over the provincial health officer. He is the one authorized by law to assign the provincial health officer to any province within the region. (2) YES. When the first memorandum was passed, Macacua, as Regional Secretary of Healthy didnt have the power to do so. However, when the 2nd memorandum was issued, EO 133 was already in effect, which transferred the supervision and control to the Head of the Regional DOH. (3) YES. (Same situation with Sani) The first designation was void since the Regional Secretary at that time did not yet exercise supervision and control over the provincial health offices of the ARMM. However, the second designation (2 nd memorandum) is valid since EO 133 was already in effect, which vested Macacua with the supervision and control over the DOH in the ARMM. Nevertheless, this is only temporary until a new designation is made. Upon the effectivity of the ARMM Local Code, the power of supervision and control over the provincial health officer passed from the Regional Secretary to the Provincial Governor.

The relevant laws cover five periods. 1) The time prior to the enactment of the Organic Act of 1989 Prior to the passage of the Organic Act of 1989, the law governing the appointment of provincial health officers was found in EO No. 119, the then charter of the Department of Health. It says there that the Minister of Health appointed all provincial health officers who were in reality national government officials paid entirely from national funds. The appointment of a provincial health officer was to a specific region, and the Minister (later renamed Secretary) could assign him to any province within

OCTAVIANO, Leslie Anne O. 2006-33060

The Law on Local Governments Prof. Gisella D. Reyes

the region upon recommendation of the Regional Director. 2) The time after the enactment of the Organic Act of 1989 but before the adoption of the 1991 LGU Code The Organic Act of 1989 provided that the 1984 LGU Code shall apply to the ARMM until the Regional Government adopted its own regional local government code. This meant that provincial health officers were not officials of the provincial government since the 1984 LGU Code did not list the provincial health officer as a provincial government official. Under the Organic Act of 1989, the power of the Secretary of Health to appoint provincial health officers to a region, and to assign them to any province within the region, was not immediately devolved to the Regional Government. It was not until President Fidel V. Ramos issued EO No. 133, that the regional offices of the Department of Health in the ARMM were placed under the supervision and control of the Regional Government. EO No. 133 was the operative act that actually transferred the powers and functions of the DOH, together with its regional personnel, equipment, properties, and budgets, to the Regional Government. A few months after the effectivity of the Organic Act of 1989, the Revised Administrative Code of 1987 took effect, which retained the power of the Secretary of Health to appoint provincial health officers who remained national government officials. The Revised Administrative Code of 1987, although a later law than the Organic Act of 1989, did not alter the terms of the devolution under the Organic Act of 1989. An ordinary statute, whether general or special, cannot amend an organic act that provides for an autonomous region which under the Constitution may only be created, and therefore changed, through a plebiscite called for the purpose. 3) The time after the enactment of the 1991 LGC but before the adoption of the ARMM Local Code Sec. 463 of the LGC made the provincial health officers one of the officials of the provincial government to be appointed by the provincial governor if his salary came mainly from provincial funds. The 1991 LGC, however, although a later law like the Revised Administrative Code of 1987, did not amend the Organic Act of 1989 because the Organic Act could only be amended through the ratification process laid out in the Organic Act itself. Thus, even after the passage of the 1991 LGU Code, the Secretary of Health continued to be the appointing power of provincial health officers who remained national government officials. This situation, however, was only temporary, arising from the need for a phased transfer of the

personnel, equipment, properties and budgets of the DOH in the ARMM to the Regional Government pursuant to Section 4, Article XIX of the Organic Act of 1989. Upon the effectivity of EO No. 133, the power to appoint provincial health officers, previously conferred by law on the Secretary of Health, was devolved to the Regional Governor. Until the Regional Assembly enacts a law authorizing some other ARMM executive official to appoint provincial health officers, the power to appoint provincial health officers would remain with the Regional Governor pursuant to the devolution of powers under the Organic Act of 1989 as implemented by EO No. 133. The provincial health officers, after being devolved to the Regional Government, became regional officials upon the effectivity of EO No. 133. 4) The time after the adoption of the ARMM Local Code but before the enactment of the Organic Act of 2001 Under the ARMM Local Code, the provincial health officer in the ARMM, previously a regional official, has also become a provincial government official, catching up with the status of provincial health officers outside of the ARMM. While before the appointment of provincial health officers was solely the prerogative of the Regional Governor, now a Provincial Governor has the power to recommend three nominees. The Regional Governor can appoint only from among the three nominees of the Provincial Governor even though the salary of the provincial health officer comes from regional funds. Likewise, while before the Regional Secretary of Health could assign provincial health officers to other provinces within the region, this authority of the Regional Secretary ceased to exist. Since a provincial health officer was now appointed to a specific province, he could no longer be assigned to another province without his consent. Moreover, the Provincial Governor now exercises supervision and control over the provincial health officer who has become a provincial government official. Finally, if the provincial government assumes payment of the salary of the provincial health officer, then the Provincial Governor becomes the appointing power of such provincial official. 5) The time after the enactment of the Organic Act of 2001 The Organic Act of 2001 expressly adopted, as a minimum, the devolution under the 1991 LGU Code. The passage of the Organic Act of 2001 means that the powers and functions of a Provincial Governor under the 1991 LGU Code are now enjoyed, as a minimum, by a Provincial Governor in the ARMM. Thus, the Provincial Governor appoints the provincial health officer if the latters salary comes from provincial funds. If the provincial health

OCTAVIANO, Leslie Anne O. 2006-33060

The Law on Local Governments Prof. Gisella D. Reyes

officers salary comes mainly from regional funds, then the ARMM Local Code applies, in which case the Regional Governor is the appointing power but he must appoint only from among the three nominees of the Provincial Governor. Moreover, the Provincial Governor exercises supervision and control over the provincial health officer because the ARMM Local Code has classified him as a provincial government official. Application of the law to the designation of Saber On this date, the provincial health officer of Lanao del Sur was still a national government official paid entirely from national funds. The Secretary of Health was the one authorized by law to assign the provincial health officer to any province within the region. Consequently, the designation of Saber as such Officer-in-Charge is void. The provincial health officer of Lanao del Sur became a provincial government official only after the effectivity of the ARMM Local Code. Application of the law to the appointment and transfer of Sani When Macacua, in her capacity as Regional Director and ARMM Secretary of Health, detailed Sani to the DOHARMM Regional Office, the powers and functions of the DOH were not yet transferred to the Regional Government, and the Secretary of Health of the National Government still exercised the power to assign the provincial health officers in the ARMM. Consequently, the directive of Macacua detailing or assigning Sani to the Regional Office in Cotabato City is void. However, when Macacua issued the 2nd memorandum reiterating Sanis detail or assignment, EO 133 was already in effect, which expressly transferred "supervision and control over all functions and activities of the Regional DOH" to "the Head of the Regional DOH." Thus, the second detail is valid. Application of the law to the designation of Pandi Macacua, as Regional Director and Regional Secretary of Health, designated Pandi Officer-in-Charge of the IPHO-APGH. The first designation was void since the Regional Secretary at that time did not yet exercise supervision and control over the provincial health offices of the ARMM. However, the second designation of Pandi is valid since at that time EO No. 133 had already been issued vesting in the Regional Secretary of Health supervision and control over all functions and activities of the Department of Health in the ARMM. The designation of Pandi, however, while valid, is only temporary in nature, good until a new designation or a permanent appointment is made. Macacua, therefore, had the authority during the issuance of the 2nd memorandum to designate an Officer-inCharge in the provincial health office of Lanao del Sur pending the appointment of the permanent provincial health officer. After the effectivity of the ARMM Local Code, Macacua lost the authority to make such a designation. The power of supervision and control over the provincial health officer passed from the Regional Secretary to the Provincial Governor. From then on the Provincial Governor began to exercise the administrative authority to designate an Officer-

in-Charge in the provincial health office pending the appointment of a permanent provincial health officer.