325 - Disomangcop v. Secretary of DPWH
325 - Disomangcop v. Secretary of DPWH
I. NO PLEBISCITE
While the ARMM Organic Acts are classified as statutes, cannot be reconciled or harmonized; and both cannot be given
the Organic Acts are more than ordinary statutes effect, that is, that one law cannot be enforced without
because they enjoy affirmation by a plebiscite. Hence, the nullifying the other.
provisions thereof cannot be amended by an ordinary As applied
statute, such as R.A. 8999 in this case. The amendatory R.A. 9054 is anchored on the 1987 Constitution. It advances
law has to be submitted to a plebiscite. the constitutional grant of autonomy by detailing the powers of
We quote excerpts of the deliberations of the Constitutional the ARG covering, among others, Lanao del Sur and Marawi
Commission: (see full case for entire excerpt) City, one of which is its jurisdiction over regional urban and
o FR. BERNAS. Finally, if we are going to amend rural planning. R.A. 8999, however, ventures to reestablish the
this organic act, what process will be followed? National Governments jurisdiction over infrastructure
o MR. NOLLEDO. First, only the people who are programs in Lanao del Sur. R.A. 8999 is patently
residing in the units composing the regions should inconsistent with R.A. 9054, and it destroys the latter
be allowed to participate in the plebiscite. Second, laws objective.
the organic act has the character of a charter passed Clearly, R.A. 8999 is antagonistic to and cannot be reconciled
by the Congress, not as a constituent assembly, but with both ARMM Organic Acts, R.A. 6734 and R.A. 9054. The
as an ordinary legislature and, therefore, the kernel of the antagonism and disharmony lies in the
organic act will still be subject to amendments in the regional autonomy which the ARMM Organic Acts ordain
ordinary legislative process as now constituted, pursuant to the Constitution. On the other hand, R.A.
unless the Gentlemen has another purpose. 8999 contravenes true decentralization which is the
o FR. BERNAS. But with plebiscite again. essence of regional autonomy.
Although R.A. 9054 was enacted later, it reaffirmed the
imperativeness of the plebiscite requirement. In fact, R.A. 9054 III. Regional Autonomy Under R.A. 6734 and R.A. 9054 RA
itself, being the second or later ARMM Organic Act, was 9054 devolved administrative management of public works
subjected to and ratified in a plebiscite. to the Autonomous Regional Government but RA 8999 takes
As applied power away
The first ARMM Organic Act, R.A. 6074, devolved the functions (Deleted a lot already)
of the DPWH in the ARMM which includes Lanao del Sur The 1987 Constitution mandates regional autonomy to give a
(minus Marawi City at the time) to the Regional Government. bold and unequivocal answer to the cry for a meaningful,
By creating an office with previously devolved functions, effective and forceful autonomy.[According to Commissioner
R.A. 8999, in essence, sought to amend R.A. 6074. The Jose Nolledo, Chairman of the Committee which drafted the
amendatory law should therefore first obtain the approval of provisions, it is an indictment against the status quo of a
the people of the ARMM before it could validly take effect. unitary system that, to my mind, has ineluctably tied the hands
Absent compliance with this requirement, R.A. 8999 has not of progress in our country . . . our varying regional
even become operative. characteristics are factors to capitalize on to attain national
strength through decentralization.
II. RA 9054 repealed RA 8999 The idea behind the Constitutional provisions for
From another perspective, R.A. 8999 was repealed and autonomous regions is to allow the separate development
superseded by R.A. 9054. Where a statute of later date of peoples with distinctive cultures and traditions.These
clearly reveals an intention on the part of the legislature cultures, as a matter of right, must be allowed to
to abrogate a prior act on the subject, that intention flourish.
must be given effect. Autonomy, as a national policy, recognizes the wholeness of the
Implied repeal by irreconcilable inconsistency takes place Philippine society in its ethnolinguistic, cultural, and even
when the two statutes cover the same subject matter; they are religious diversities. It strives to free Philippine society of the
clearly inconsistent and incompatible with each other that they strain and wastage caused by the assimilationist approach.
Policies emanating from the legislature are invariably glimpse of the deliberations of the Constitutional
assimilationist in character despite channels being open for Commission could lend a sense of the urgency and the
minority representation. As a result, democracy becomes an inexorable appeal of true decentralization:
irony to the minority group Commissioner Blas Ople We are writing a peace Constitution.
Several commissioners echoed the pervasive sentiment in the We are providing for autonomous regions so that we give
plenary sessions in their own inimitable way. constitutional permanence to the just demands and grievances
o Commissioner Blas Ople referred to the of our own fellow countrymen in the Cordilleras and in
recognition that the Muslim Mindanao and the Mindanao.
Cordilleras do not belong to the dominant national A necessary prerequisite of autonomy is decentralization.
community as the justification for conferring on Decentralization is a decision by the central government
them a measure of legal self-sufficiency, with the authorizing its subordinates, whether geographically or
hope that after achieving parity with the rest of the functionally defined, to exercise authority in certain areas. It
country they would give up their own autonomous involves decision-making by subnational units. It is typically a
region in favor of joining the national mainstream. delegated power, wherein a larger government chooses to
o Commissioner BennagenThey see regional delegate certain authority to more local governments.
autonomy as the answer to their centuries of Federalism implies some measure of decentralization,
struggle against oppression and exploitation. The but unitary systems may also decentralize.
right to property, regalian doctrine, and public Decentralization differs intrinsically from federalism in
interest had been used for the violation of their that the sub-units that have been authorized to act (by
human rights. delegation) do not possess any claim of right against the
The need for regional autonomy is more pressing in the case of central government.
the Filipino Muslims and the Cordillera people who have been SC then discussed that decentralization comes in two forms
fighting for it. Their political struggle highlights their deconcentration and devolution. (see notes)
unique cultures and the unresponsiveness of the unitary Cordillera Broad Coalition v. Commission on Audit: the
system to their aspirations. creation of autonomous regions contemplates the grant of
However, the creation of autonomous regions does not political autonomy an autonomy which is greater than the
signify the establishment of a sovereignty distinct from administrative autonomy granted to local government units.
that of the Republic, as it can be installed only within the And by regional autonomy, the framers intended it to mean
framework of this Constitution and the national meaningful and authentic regional autonomy.
sovereignty as well as territorial integrity of the Republic To this end, Section 16, Article X limits the power of the
of the Philippines. President over autonomous regions. In essence, the
Regional autonomy is the degree of self-determination provision also curtails the power of Congress over
exercised by the local government unit vis--vis the central autonomous regions
government. The diminution of Congress powers over autonomous regions
Regional autonomy refers to the granting of basic was confirmed in Ganzon v. Court of Appeals. herein this Court
internal government powers to the people of a particular held that the omission (of as may be provided by law) signifies
area or region with least control and supervision from nothing more than to underscore local governments autonomy
the central government. from Congress and to break Congress control over local
In the Philippine setting, regional autonomy implies the government affairs.
cultivation of more positive means for national This is true to subjects over which autonomous regions
integration. It would remove the wariness among the have powers, as specified in Sections 18 and 20, Article X
Muslims, increase their trust in the government and pave of the 1987 Constitution (see notes). Expressly not
the way for the unhampered implementation of the included therein are powers over certain areas. Worthy of
development programs in the region. Again, even a
note is that the area of public works is not excluded and In this regard, it is not amiss to cite Opinion No. 120, S. 1991of
neither is it reserved for the National Government. the Secretary of Justice on whether the national departments
E.O. 426 officially devolved the powers and functions of the or their counterpart departments in the ARG are responsible
DPWH in ARMM to the Autonomous Regional Government for implementation of roads, rural water supply, health,
(ARG). (see notes for Sections 1 and 2) education, women in development, agricultural extension and
More importantly, Congress itself through R.A. 9054 watershed management. Referring to Section 2, Article V of
transferred and devolved the administrative and fiscal R.A. 6734, he states that the ARG shall have powers of certain
management of public works and funds for public works areas except for the areas of executive powers mentioned. He
to the ARG. Section 20, Article VI of R.A. 9054 provides: noted that programs relative to infrastructure facilities, health,
SEC. 20. Annual Budget and Infrastructure Funds. education, women in development, agricultural extension and
The aim of the Constitution is to extend to the autonomous watershed management do not fall under the area of executive
peoples, the people of Muslim Mindanao in this case, the right powers. Thus, the inevitable conclusion is that all these
to self-determinationa right to choose their own path of spheres of executive responsibility have been transferred
development; the right to determine the political, cultural and to the ARG.
economic content of their development path within the Reinforcing the aboveview (sic) are the various executive
framework of the sovereignty and territorial integrity of the orders issued by the President providing for the devolution of
Philippine Republic. the powers and functions of specified executive departments of
In treading their chosen path of development, the Muslims in the National Government to the ARG. (see notes)
Mindanao are to be given freedom and independence with E.O. 426 was issued to implement the provisions of the first
minimum interference from the National Government. This ARMM Organic Act.
necessarily includes the freedom to decide on, build, Evidently, the intention is to cede some, if not most, of
supervise and maintain the public works and the powers of the national government to the
infrastructure projects within the autonomous region. autonomous government in order to effectuate a
The devolution of the powers and functions of the DPWH veritable autonomy. The continued enforcement of R.A.
in the ARMM and transfer of the administrative and 8999, therefore, runs afoul of the ARMM Organic Acts
fiscal management of public works and funds to the ARG and results in the recall of powers which have previously
are meant to be true, meaningful and unfettered. This been handed over. This should not be sanctioned,
unassailable conclusion is grounded on a clear consensus, elsewise the Organic Acts desire for greater autonomy
reached at the Constitutional Commission and ratified by the for the ARMM in accordance with the Constitution would
entire Filipino electorate, on the centrality of decentralization be quelled. It bears stressing that national laws are
of power as the appropriate vessel of deliverance for Muslim subject to the Constitution one of whose state policies is
Filipinos and the ultimate unity of Muslims and Christians in to ensure the autonomy of autonomous regions. Section
this country. 25, Article II of the 1987 Constitution states:
With R.A. 8999, however, this freedom is taken away, and Sec. 25. The State shall ensure the autonomy of local
the National Government takes control again. The hands, governments.
once more, of the autonomous peoples are reined in and R.A. 8999 has made the DPWH-ARMM effete and rendered
tied up. regional autonomy illusory with respect to infrastructure
The challenged law creates an office with functions and projects. Apparently, in the legislatures estimation, the existing
powers which, by virtue of E.O. 426, have been previously DPWH-ARMM engineering districts failed to measure up to the
devolved to the DPWH-ARMM, First Engineering District task. The precipitate speed which characterized the passage of
in Lanao del Sur. R.A. 8999 is difficult to comprehend since R.A. 8999 could have
The use of the word powers in E.O. 426 manifests an resulted in the amendment of the first ARMM Organic Act and,
unmistakable case of devolution. therefore, could not take effect without first being ratified in a
plebiscite. What is more baffling is that in March 2001, or
barely two (2) months after it enacted R.A. 8999 Congress In any event, the ARMM Organic Acts and their ratification in a
passed R.A. 9054, the second ARMM Organic Act, where it plebiscite in effect superseded E.O. 124. In case of an
reaffirmed the devolution of the DPWH in ARMM, including irreconcilable conflict between two laws of different
Lanao del Sur and Marawi City, to the Regional Government vintages, the later enactment prevails because it is the
and effectively repealed R.A. 8999. later legislative will.
Further, in its repealing clause, R.A. 9054 states that all laws,
DPWH Department Order No. 119 decrees, orders, rules and regulations, and other issuances or
I. DO 119 contrary to EO 426 parts thereof, which are inconsistent with this Organic Act, are
D.O. 119 creating the Marawi Sub-District Engineering Office hereby repealed or modified accordingly. With the repeal of
which has jurisdiction over infrastructure projects within E.O. 124 which is the basis of D.O. 119, it necessarily follows
Marawi City and Lanao del Sur is violative of the provisions of that D.O. 119 was also rendered functus officio by the ARMM
E.O. 426. E.O. 426 sought to implement the transfer of the Organic Acts.
control and supervision of the DPWH within the ARMM to the
Autonomous Regional Government. Accordingly, the First Whether respondents committed GAD in implementing RA
Engineering District of the DPWH-ARMM in Lanao del Sur has 8999 and DO 119YES.
jurisdiction over the public works within the province. COURT: Without doubt, respondents committed grave abuse
The office created under D.O. 119, having essentially the same of discretion. They implemented R.A. 8999 despite its
powers, is a duplication of the DPWH-ARMM First Engineering inoperativeness and repeal. They also put in place and
District in Lanao del Sur formed under the aegis of E.O. 426. maintained the DPWH Marawi Sub-District Engineering Office
The department order, in effect, takes back powers which in accordance with D.O. 119 which has been rendered functus
have been previously devolved under the said executive officio by the ARMM Organic Acts
order. D.O. 119 runs counter to the provisions of E.O. 426. The PETITIONERS: R.A. 8999 was signed into law under
DPWHs order, like spring water, cannot rise higher than suspicious circumstances hence GAD.
its source of power the Executive. COURT: cannot inquire into the wisdom, merits, propriety or
expediency of the acts of the legislative branch.
II. EO 426 prevails over EO 124, upon which DO 119 was PETITIONERS: Lack of consultation or public hearing with
based the affected agency during the inception of the law
OSG: DO was issued in accordance with Executive Order No. COURT: This does not render the law infirm. This Court holds
124 that the Congress did not transgress the Constitution nor any
It is a finely-imbedded principle in statutory construction statute or House Rule in failing to invite a resource person
that a special provision or law prevails over a general from the DPWH-ARMM during the Committee meeting. Section
one. Lex specialis derogant generali. 27, Rule VII of the Rules of the House only requires that a
As applied written notice be given to all the members of a Committee. And
E.O. No. 124, upon which D.O. 119 is based, is a general law it must be emphasized that the questions of who to invite and
reorganizing the Ministry of Public Works and Highways while whether there is a need to invite resource persons during
E.O. 426 is a special law transferring the control and Committee meetings should be addressed solely to Congress in
supervision of the DPWH offices within ARMM to the its plenary legislative powers.
Autonomous Regional Government. The latter statute NOTES:
specifically applies to DPWH-ARMM offices. E.O. 124 should Deconcentration is administrative in nature; it involves the
therefore give way to E.O. 426 in the instant case. transfer of functions or the delegation of authority and
responsibility from the national office to the regional and local
III. EO 124 repealed by subsequent ARMM Organic acts and offices. This mode of decentralization is also referred to as
ratification in plebiscite. administrative decentralization.
Devolution, on the other hand, connotes political (2) Creation of sources of revenues;
decentralization, or the transfer of powers, responsibilities, (3) Ancestral domain and natural resources;
and resources for the performance of certain functions from (4) Personal, family and property relations;
the central government to local government units.This is a (5) Regional urban and rural planning development;
more liberal form of decentralization since there is an actual (6) Economic, social, and tourism development;
transfer of powers and responsibilities. It aims to grant greater (7) Educational policies;
autonomy to local government units in cognizance of their (8) Preservation and development of the cultural heritage; and
right to self-government, to make them self-reliant, and to
(9) Such other matters as may be authorized by law for the
improve their administrative and technical capabilities.
promotion of general welfare of the people of the region.
Autonomy is either decentralization of administration or EO 426
decentralization of power. There is decentralization of
SECTION 1. Transfer of Control and Supervision. The
administration when the central government delegates
offices of the Department of Public Works and Highways
administrative powers to political subdivisions in order to
(DPWH) within the Autonomous Region in Muslim
broaden the base of government power and in the process to
Mindanao (ARMM) including their functions, powers and
make local governments more responsive and accountable, and
responsibilities, personnel, equipment, properties,
ensure their fullest development as self-reliant communities
budgets and liabilities are hereby placed under the
and make them more effective partners in the pursuit of
control and supervision of the Autonomous Regional
national development and social progress. At the same time, it
Government.
relieves the central government of the burden of managing
In particular, these offices are identified as the four (4)
local affairs and enables it to concentrate on national concerns.
The President exercises general supervision over them, but District Engineering Offices (DEO) in each of the four
only to ensure that local affairs are administered according to provinces respectively and the three (3) Area Equipment
law. He has no control over their acts in the sense that he can Services (AES) located in Tawi-Tawi, Sulu and
substitute their judgments with his own. Maguindanao (Municipality of Sultan Kudarat).
Decentralization of power, on the other hand, involves an SEC. 2. Functions Transferred. The Autonomous Regional
abdication of political power in the favor of local government Government shall be responsible for highways, flood control
units declared to be autonomous. In that case, the autonomous and water resource development systems, and other public
government is free to chart its own destiny and shape its future works within the ARMM and shall exercise the following
with minimum intervention from central authorities. According functions:
to a constitutional author, decentralization of power amounts to 1. Undertake and evaluate the planning, design, construction
self-immolation, since in that event the autonomous and works supervision for the infrastructure projects whose
government becomes accountable not to the central authorities location and impact are confined within the ARMM;
but to its constituency. 2. Undertake the maintenance of infrastructure facilities within
the ARMM and supervise the maintenance of such local roads
SEC. 18.The organic act shall define the basic structure and other infrastructure facilities receiving financial assistance
of government for the region consisting of the executive from the National Government;
department and legislative assembly, both of which shall 3. Ensure the implementation of laws, policies, programs, rules
be elective and representative of the constituent political and regulations regarding infrastructure projects as well as all
units public and private physical structures within the ARMM;
SEC. 20. Within its territorial jurisdiction and subject to the 4. Provide technical assistance related to their functions to
provisions of this Constitution and national laws, the organic other agencies within the ARMM, especially the local
act of autonomous regions shall provide for legislative powers government units;
over: 5. Coordinate with other national and regional government
(1) Administrative organization; departments, agencies, institutions and organizations,
especially the local government units within the ARMM in the
planning and implementation of infrastructure projects;
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. (Emphasis supplied)
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.