Pandi v.

Court of Appeals provincial health officer of the IPHO-APGH, Lanao Del Sur, to DOH-
22 Apr 2002 | Carpio, J
Petitioner: Dr. Lampai Pandi, Regional Director and as Secretary of the
Department of Health of the ARMM,
and Dr. Jarmila Macacua, DOH-ARMM Assistant Regional Secretary
Respondents: The Court of Appeals and Dr. Amer Saber
SUMMARY: There is a question on who has the power to appoint the position of
OIC of the IPHO-APGH, Lanao del Sur. Conflicting rule of Law with regards to
who has the authority to appoint the position.
DOCTRINE: CONST. Art. X. Sec 20.
ARMM Regional Office of Cotabato City.
2. 1993 [Aug 12] Sani filed a complaint in RTC of Lanao Del Sur, branch 10
in Marawi City, questioning his transfer. He is alleging that he is a holder of
a permanent appointment as provincial heath officer of the IPHO-APGH, in
Lanao del Sur.
3. 1993 [ Sept 15] Lanao del Sur Provincial Governor Mahid M. Mutilan
issued Office Order No. 07 designating Saber also as Officer-in-Charge of
the IPHO-APGH, Lanao del Sur.
4. 1993 [Oct 5] Saber filed with the CA a petition for quo warranto, claiming
that he is the lawfully designated Officer-in-Charge of the IPHO-APGH.
Which the CA granted, issuing a temporary restraining order, enjoining
Pandi from further discharging the functions and dutie as OIC.

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 organization;
(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 region
ISSUE/s:
5. 1993 [Oct 25] Pandi and Macacua files their comment on the petition and
opposition to the application for qrit of preliminary injunction.
6. 1993 [Oct 29], Pre. Ramos issued E.O. No. 133- transferring powers and
functions of the DOH in the region to the Regional Government of the
ARMM.
7. 1993 [ Nov 6] Macacua again designated Pandi as OIC of the IPHO-APGH,
and Sani to the Regional Office of the DOH-ARMM in Cotabato City.
8. 1993 [Nov 19] CA, issued a writ of preliminary injunction, upom Sabers
filing of a P100,000 bond. On the Nov 24, Macacua and Pandi filed for a
motion for reconsideration. Which was denied. And another motion for
reconsideration with a counter-bond of P200,000, which was still denied.
9. 1994 [March 21] Pandi and Macacua filed a motion to dismiss on the
fround that the issues had become moot and academic, because of the
enactment by the ARMM regional Assembly of the Muslim Mindanao
Autonomy Act No. 25 (ARMM Local Government Code) as well as the
Memorandum of Agreement dated March 14, 1994 between the DOH and
National Govt. and the ARRM Regional Govt.
10. CA, ruled still in favor of Saber, by reason of that the Organic Act of 1989
and the ARMM Local Code could not prevail over the 1991 LGU Code.

1. Whether an incumbent provincial health officer of Lanao del Sur can be assigned
FACTS:
to another province and if so, who can order such assignment.
1. 1993 [ Aug 9] Macacua as regional Director and Secretary of DOH of
2. Who can designate the Officer-in-Charge in the provincial health office of Lanao
ARMM, issued a memorandum designating Pandi who was then DOH-
del Sur the Provincial Governor or the ARMM Secretary of Health.
ARMM Assistant Regional Secretary, as Officer in Charge of the IPHO-
APGH, Lanao del Sur. While in the same memo, she assigned Sani, then
3. Who is empowered to appoint the provincial health officer of Lanao del Sur the 1993, the official vested by law to exercise supervision and control over
Provincial Governor, the Regional Governor or the ARMM Secretary of Health. all provincial health offices in the ARMM. The Regional Secretary, by
virtue of Executive Order No. 133, assumed the administrative powers
(as of E.O. 133- VESTED THE
ARMM REGIONAL SECRETARY OF
and functions of the Secretary of Health of the National Government
HEALTH THE POWER OF SUPERVISION AND CONTROL
with respect to provincial health offices within the ARMM. The official
OVER ALL FUNCTIONS AND ACTIVITIES OF THE REGIONAL
exercising supervision and control over an office has the administrative
DEPARTMENT OF HEALTH; SUPERVISION AND CONTROL
authority to designate, in the interest of public service, an Officer-in-
INCLUDES THE POWER TO DETAIL A PROVINCIAL HEALTH
Charge if the office becomes vacant. Macacua, therefore, had the
OFFICER TO ANY REGIONAL HEALTH OFFICE WITHIN THE
authority on November 6, 1993 to designate an Officer-in-Charge in the
REGION.)
provincial health office of Lanao del Sur pending the appointment of the
RULING: permanent provincial health officer. After the effectivity of the ARMM
Local Code, the Regional Secretary of Health lost the authority to make
WHEREFORE, the petition is GRANTED and the assailed decision of such a designation.
the Court of Appeals dated April 15, 1994 in CA-G.R. SP No. 32242 is
SET ASIDE. The designation on September 15, 1993 of Dr. Amer A. Under the ARMM Local Code, the provincial health officer became
Saber as Officer-in-Charge of the Integrated Provincial Health Office of for the first an official of the provincial government even though he
Lanao del Sur is declared void. On the other hand, the designation on is appointed by the Regional Governor and draws his salary from
November 6, 1993 of Dr. Lampa I. Pandi as Officer-in-Charge of the regional funds. The ARMM Local Code vests in the Provincial
Integrated Provincial Health Office of Lanao del Sur, and the Governor the power to "exercise general supervision and control
assignment on November 6, 1993 of Dr. Mamasao Sani to the DOH- over all programs, projects, services, and activities of the provincial
ARMM Regional Office in Cotabato City, are declared valid. No costs. government." Upon the effectivity of the ARMM Local Code, the
power of supervision and control over the provincial health officer
RATIO: passed from the Regional Secretary to the Provincial Governor. From
Macacua, as Regional Director and Regional Secretary of Health, then on, the Provincial Governor began to exercise the administrative
designated Pandi Officerin-Charge of the IPHO-APGH, Lanao del Sur, authority to designate an Officer-in-Charge in the provincial health
on August 9, 1993 and again on November 6, 1993. The designation office pending the appointment of a permanent provincial health officer.
dated August 9, 1993 is 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 designation of Pandi on November
6, 1993 is valid since at that time Executive Order 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.

As Regional Secretary of Health, Macacua was, as of November 6,