GR 149848; (November, 2004) (Digest)
G.R. No. 149848 ; November 25, 2004
ARSADI M. DISOMANGCOP and RAMIR M. DIMALOTANG, petitioners, vs. THE SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS SIMEON A. DATUMANONG and THE SECRETARY OF BUDGET AND MANAGEMENT EMILIA T. BONCODIN, respondents.
FACTS
Pursuant to the constitutional mandate for regional autonomy, Republic Act No. 6734 created the Autonomous Region in Muslim Mindanao (ARMM). To implement this, President Corazon C. Aquino issued Executive Order No. 426, which devolved the control and supervision of the Department of Public Works and Highways (DPWH) offices within the ARMM to the Autonomous Regional Government. Years later, DPWH Secretary Gregorio R. Vigilar issued Department Order No. 119, creating the Marawi Sub-District Engineering Office with jurisdiction over Marawi City and Lanao del Sur. Subsequently, Republic Act No. 8999 was enacted, establishing an engineering district in the First District of Lanao del Sur and appropriating funds therefor.
Petitioners Arsadi M. Disomangcop and Ramir M. Dimalotang, officials of the ARMM’s Department of Public Works, filed a petition challenging the constitutionality of R.A. No. 8999 and D.O. No. 119. They argued that these measures violate the autonomy granted to the ARMM by the Constitution and its Organic Acts, as they constitute an unlawful intrusion by the national government into matters already devolved to the regional government, specifically the administration of infrastructure projects within the region.
ISSUE
Whether Republic Act No. 8999 and Department Order No. 119 are unconstitutional for violating the autonomy of the Autonomous Region in Muslim Mindanao.
RULING
The Supreme Court declared R.A. No. 8999 and D.O. No. 119 unconstitutional and void. The legal logic is anchored on the principle of regional autonomy as a constitutional imperative. The 1987 Constitution and the ARMM Organic Acts ( R.A. No. 6734 and its amendment, R.A. No. 9054 ) established a framework where specific powers, including public works and infrastructure within the region, are devolved to the ARMM government. E.O. No. 426 effectively transferred the control and supervision of DPWH offices in the ARMM to the regional government.
By creating a national engineering district and sub-district office within the ARMM’s territorial jurisdiction through R.A. No. 8999 and D.O. No. 119, the national government effectively re-appropriated an authority already delegated to the autonomous region. This act contravened the constitutional and statutory scheme of autonomy, which is designed to allow the region self-governance in specified areas. The national government cannot unilaterally reclaim or interfere with these devolved powers without undermining the very essence of autonomy. Therefore, the assailed law and department order constitute a derogation of the ARMM’s autonomous status and were struck down as invalid.