Disomangcop v.
Secretary of the Department of Public Works and RULING & RATIO
Highways
G.R. No. 149849 | November 25, 2004 | Tinga, J.
Petitioners: Arsadi Disomangcop and Ramir Dimalotang
Respondents: DPWH Secretary Simeon Datumanong, Budget Secretary
Emilia Boncodin
FACTS
- Petitioners challenge the constitutionality and validity of RA 8999 (An
st
Act Establishing An Engineering District in the 1 District of the
Province of Lanao Del Sur and Appropriating Funds Therefor) and
DPWH DO 119 (Creation of Marawi Sub-District Engineering Office)
o RA 8999 and DO 119 was issued pursuant to the enactment
of RA 6734 (Organic Act of ARMM) which called for the
holding of plebiscites in certain provinces in Mindanao of
which only 4 provinces voted for the creation of the said
autonomous region
o Pursuant to the organic act, Cory Aquino issued EO 426
placing the control and supervision of the offices of DPWH
within the ARMM under the Autonomous Regional
Government and on 1999, DPWH Secretary Vigilar issued
DO 119
o In 2001, Joseph Estrada signed RA 8999
Congress later on passed RA 9054 which amended
the Organic Act and it lapsed into a law and was
ratified in a plebiscite
Province of Basilan and City of Marawi also
voted to join ARMM
- Petitioners sought the revocation of DO 119 and non-implementation
of RA 8999 but no action was taken on said petition
o Disomangcop is the Officer-in-Charge and Dimalotang is the
District Engineer II of the First Engineering District of DPWH,
ARMM in Lanao Del Sur, they contend that
DO 119 was issued in violation of the constitutional
autonomy of ARMM pointing out that the DO tasked
Marawi Sub-District Engineering Office with
functions already vested with DPWH-ARMM
RA 8999 is not thoroughly studied and that prior to
the sponsorship, there was no public hearing or
consultation which was made
ISSUES
1. W/N RA 8999 and DO 119 violates the constitutional autonomy of the
ARMM - YES
(RA 8999)
- RA 8999 never became operative and was superseded or repealed
by a subsequent enactment
- The organic acts are deemed part of the regional autonomy scheme
and the amendatory law has to be submitted to a plebiscite
- RA 8999 was repealed and superseded by RA 9054
o R.A. 9054 is anchored on the 1987 Constitution. It advances
the constitutional grant of autonomy by detailing the powers
of the ARG covering, among others, Lanao del Sur and
Marawi City, one of which is its jurisdiction over regional
urban and rural planning. R.A. 8999, however, ventures to
reestablish the National Governments jurisdiction over
infrastructure programs in Lanao del Sur. R.A. 8999 is
patently inconsistent with R.A. 9054, and it destroys the
latter laws objective.
- RA 8999 is antagonistic and cannot be reconciled with any of the
organic acts of the ARMM
(DO 119)
- Office created under DO 119 have the same powers and is actually a
st
duplication of DPWH-ARMM 1 Engineering District
o DO in effect takes back powers which have been previously
devolved under the said EO, running counter to the
provisions of the EO, DPWHs order cannot rise higher than
its source of power
DISPOSITION
Petition is granted. Writ of prohibition to desist from implementing RA
8999 and DO 119 is issued.
NOTES
- Regional autonomy is the degree of self-determination exercised
by the local government unit vis--vis the central government it
implies the cultivation of more positive means for national
integration
- Creation of autonomous regions does not signify establishment of
sovereignty distinct from the Republic
- The aim of the Constitution is to extend to the autonomous
peoples, the people of Muslim Mindanao in this case, the right
to self-determination and right to choose their own path of
development; the right to determine the political, cultural and
economic content of their development path within the framework of
the sovereignty and territorial integrity of the Philippine Republic.
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