chiongbian vs orbos+admin+digest

Chiongbian vs. orbos Facts: -Pursuant to article X sec 18 of the 1987 constitution, Congress passed Ra No. 6734 “the organic act for the Autonomous region in Muslim Mindanao” calling for plebiscite to be held in 23 provinces -4 provinces voted in favor of creating the Autonomous region and these are Lanao Del Sur, Maguindanao, Sulu and Twi-tawi. Hence, in accordance to RA NO ^&#$ THESE 4 PROVINCES BECAME THE ARMM. -On the other hand, With respect to the remaining provinces who did not vote in favor of creating ARMM. Article XIX Sec RA 6724 provides; “That only THE PROVINCES and CITIES VOTING FAVORABLY IN SUCH PLEBISCITE SHALL BE INCLUDED IN ARMM and the provinces WHO DID NOT VOTE FOR THE INCLUSION IN ARMM SHALL REMAIN IN THE EXISTING ADMINISTRATIVE REGIONS; PROVIDED, However, THE PRESIDENT MAY BY ADMINISTRATIVE DETERMINATION, MERGE the EXISTING REGIONS” -Pursuant to the authority granted by the above provision, then President Aquino issued EO NO 429 “PROVIDING FOR THE REORGANIZATION OF THE ARMM” Where in those who are not in favor in creating the ARMM where transferred (provinces of a certain region to another) some of which are; a. misamis occidental, at present part of Region X will become part of REGION XI,………” -PETITIONERS, PROTESTED and Challenges the VALIDITY of EO 429 CONTENDING that THERE is NOT LAW WHICH AUTHORIZES THE PRESIDENT TO MAKE ALTERATIONS ON THE EXISTING STRUCTURE OF GOVERNMENTAL UNITS in other words REORGANiZATION. And that the AUTHORITY MERGE granted in RA 6724 DOES NOT INCLUDE the AUTHORITY to REORGANIZE even if it does not affect the apportionment of the congressional representatives. In addition, they contend that Article XIX SEC 13 of RA 6724 is UNCONSITTUIONAL for 1) it is invalid delegation of power by the Legislative to the President 2) the power granted is not expressed in the title of the law. Issues: 1. WON Article XIX sec 13 of RA 6724 is invalid because it contains no express standard to guide the President’s Discretion and whether the power given fairly expressed in the title of the statue. 2. WON the power granted authorizes not just to merge but even the reorganization of those who did not vote or not in favor to it. 3. WON the power granted to the President includes the power to transfer the regional center of Region IX from ZAmoanga to PAgadian since it should be the acts of Congress. Ruling 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 (Article X sec 4 of the Constitution). The regions themselves are not territorial and political divisions like provinces, cities, municipalities and barangays but are “mere groupings of contagious provinces for administrative purposes. The power conferred on the President is similar to the power to adjust municipal boundaries”. 1.

2.

No, A legislative STANdARD NEED NOT BE EXPRESSED. May simply be GATHERED OR IMPLIED. Nor need it be found in the law challenge because it may be embodied in other statues on the same subject as that of the challenge legislation. And with respect to the power to merge existing administrative regions, the standard is to be found in the same policy underlying the grant to the President in RA NO. 5435 of the power to reorganize the Exec Department to “Promote simplicity, economy, and efficiency in the government to enable it to pursue programs consistent with national goals for accelerated social and economic development and to improve the services in the transition of public business. No, while ARTICLE XIX sec 13 provides that “the provinces and cities which do not vote for inclusion in the autonomous region shall remain in the existing administrative regions” this provisions Is subject to the qualification that the PRSIDENT MAY BY ADMINISTRATIVE DETERMINATION MERGE THE EXISTING REGIONS. This means that while non-assenting provinces are to remain in the regions as designated upon the creation of the Autonomous region, they may nevertheless be regrouped with continuous provinces forming other regions as the exigency of administration may require.

3.

Yes, for administrative regions are mere “groupings of contiguous provinces for administrative purpose hence are not territorial and political subdivision like provinces, cities municipalities and brgys. Therefore there is no basis that only Congress can determine the region center.