locgov case doctrines part 20

7/28/2019 Locgov Case Doctrines Part 20

1/14

PART IV. MISCELLANEOUS AND FINALPROVISIONS

Provisions for ImplementationLGC Sec.511-525: See your own Codes

Transitory ProvisionsLGC Sec. 526-533:See your own Codes

Application of Code to LGUs in the Autonomous

RegionsLOCAL GOVERNMENT CODESection 526. Application of this Code to LocalGovernment Units in the Autonomous Regions. - ThisCode shall apply to all provinces, cities, municipalitiesand barangays in the autonomous regions until suchtime as the regional government concerned shall haveenacted its own local government code.

The Autonomous Region in Muslim Mindanao1987 CONSTITUTIONARTICLE XSection 1. The territorial and political subdivisions of

the Republic of the Philippines are the provinces, cities,municipalities, and barangays. There shall beautonomous regions in Muslim Mindanao and theCordilleras as hereinafter provided.

Section 15. There shall be created autonomousregions in Muslim Mindanao and in the Cordillerasconsisting of provinces, cities, municipalities, andgeographical areas sharing common and distinctivehistorical and cultural heritage, economic and socialstructures, and other relevant characteristics within theframework of this Constitution and the nationalsovereignty as well as territorial integrity of theRepublic of the Philippines.

Section 16. The President shall exercise generalsupervision over autonomous regions to ensure thatlaws are faithfully executed.

Section 18. The Congress shall enact an organic actfor each autonomous region with the assistance andparticipation of the regional consultative commissioncomposed of representatives appointed by thePresident from a list of nominees from multi-sectoralbodies. The organic act shall define the basic structureof government for the region consisting of theexecutive department and legislative assembly, both ofwhich shall be elective and representative of theconstituent political units. The organic acts shall

likewise provide for special courts with personal,family, and property law jurisdiction consistent with theprovisions of this Constitution and national laws.

The creation of the autonomous region shall beeffective when approved by majority of the votes castby the constituent units in a plebiscite called for thepurpose, provided that only provinces, cities, andgeographic areas voting favorably in such plebisciteshall be included in the autonomous region.

Section 20. Within its territorial jurisdiction andsubject to the provisions of this Constitution andnational 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 culturaheritage; and(9) Such other matters as may be authorized by law fothe promotion of the general welfare of the people ofthe region.

Section 21. The preservation of peace and ordewithin the regions shall be the responsibility of thelocal police agencies which shall be organizedmaintained, supervised, and utilized in accordance withapplicable laws. The defense and security of theregions shall be the responsibility of the NationaGovernment.

Republic Act No. 67341

August 1, 1989

AN ACT PROVIDING FOR AN ORGANIC ACT FORTHE AUTONOMOUS REGION IN MUSLIMMINDANAO

ARTICLE II. Area and Seat of GovernmentSection 1. (1) There is hereby created theAutonomous Region in Muslim Mindanao, to becomposed of provinces and cities voting favorably inthe plebiscite called for the purpose, in accordancewith Section 18, Article X of the Constitution.

(2) The plebiscite shall be conducted in the provincesof Basilan, Cotabato, Davao del Sur, Lanao del NorteLanao del Sur, Maguindanao, Palawan, South CotabatoSultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norteand Zamboanga del Sur, and the cities of CotabatoDapitan, Dipolog, General Santos, Iligan, MarawiPagadian, Puerto Princesa, and Zamboanga.

Section 2. The Regional Legislative Assemblyhereinafter referred to as the Regional Assembly, shalfix by law the permanent seat of government for theAutonomous Region in Muslim Mindanao, taking intoconsideration accessibility and efficiency in carryingout its mandate under this Act: Provided, That theprovisional seat of the Regional Government shall be inCotabato City.

ARTICLE IVDevolution of PowersSection 1. The fundamental rights and duties of thepeople in the Autonomous Region are thoseestablished in the Constitution and this Organic Act.

Section 2. The powers devolved to the AutonomousRegion shall be exercised through the RegionaAssembly, the Regional Governor, and the speciacourts as provided in this Act.

1 Digested version


2/14

ARTICLE VPowers of Government

Section 1. The Regional Government shall exercisepowers and functions necessary for the propergovernance and development of all the constituentunits within the Autonomous Region consistent with theconstitutional policy on regional and local autonomyand decentralization: Provided, That nothing hereinshall authorize the diminution of the powers andfunctions already enjoyed by local government units.

Section 2. The Autonomous Region is a corporateentity with jurisdiction in all matters devolved to it bythe Constitution and this Organic Act as hereinenumerated:(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 culturalheritage;

(9) Powers, functions and responsibilities now beingexercised by the departments of the NationalGovernment except:

(a) Foreign affairs;(b) National defense and security;(c) Postal service;(d) Coinage, and fiscal and monetary policies;(e) Administration of justice;(f) Quarantine;(g) Customs and tariff;(h) Citizenship;(i) Naturalization, immigration and deportation;(j) General auditing, civil service and elections;(k) Foreign trade;(l) Maritime, land and air transportation andcommunications that affect areas outside theAutonomous Region; and(m) Patents, trademarks, trade names, andcopyrights; and

(10) Such other matters as may be authorized by lawfor the promotion of the general welfare of the peopleof the Region.

Section 3. The Regional Government may exercise thepower of eminent domain.ARTICLE VIInter-Governmental Relations

Section 1. The President of the Philippines shallexercise general supervision over the RegionalGovernment, including the local government unitstherein, directly or through the Regional Governor, toensure that national and regional laws are faithfullyexecuted.

Section 2. The Regional Government shall maintainclose coordination with the National Government forthe orderly management of the special courts withinthe Autonomous Region.

ARTICLE VII

The Legislative Department

Section 1. The legislative power shall be vested in theRegional Assembly, except to the extent reserved tothe people by provisions on initiative and referendumas provided by law.

Section 2. The Regional Assembly may create, dividemerge, abolish or substantially alter boundaries of anymunicipality or barangay in accordance with thecriteria laid down by existing law subject to approval bya majority of the votes cast in a plebiscite in thepolitical units directly affected. It may also change thenames of such local government units, public placesand institutions.

Section 3. The Regional Assembly shall approve thebudget of the Autonomous Region.

Section 14. The Regional Assembly shall adopt itsown rules of procedure by a majority vote of all itsMembers including the selection of members of itsstanding committees and the suspension or expulsionof its Members.

The Regional Assembly shall elect from among itsMembers a Speaker and such other officers as the rulesmay provide.

A majority of all the Members of Assembly shalconstitute a quorum to do business, but a smallenumber may adjourn from day to day and may compethe attendance of absent Members in such mannerand under such penalties, as the Assembly mayprovide.The Regional Assembly or any of its committees mayconduct inquiries or public consultations in aid olegislation in accordance with its rules. The rights ofpersons appearing in or affected by such inquiries shalbe respected.

The Regional Assembly shall keep a Journal of itsproceedings and a record of its caucuses andmeetings. The records and books of accounts of theAssembly shall be preserved and be open to publicscrutiny. The Commission on Audit shall publish anannual report of the itemized list of expendituresincurred by the Members of the Assembly within sixty(60) days from the end of every regular session.

Section 18. Every bill passed by the RegionaAssembly, shall, before it becomes a law, be presentedto the Regional Governor. If he approves the same, heshall sign it; otherwise, if the bill contain ultra vires

provisions, or if he finds it objectionable on policygrounds, or both, he shall veto it and return it with hisobjections to the Regional Assembly, which shall entethe objections at large in its Journal and proceed toreconsider it. If, after such reconsideration, two-thirds(2/3) of all Members of the Regional Assembly shalagree to pass the bill, it shall become a law. In all suchcases, the vote shall be determined by yeas or naysand the names of the Members voting for or againstshall be entered in the Journal. The Regional Governorshall communicate his veto of any bill to the RegionaAssembly within thirty (30) days after the date oreceipt thereof; otherwise, it shall become a law as ifhe had signed it.


3/14

ARTICLE VIIIThe Executive Department

Section 1. The executive power shall be vested in aRegional Governor who shall be elected at large bydirect vote of the people of the Autonomous Region.

Section 2. The Regional Governor shall be assisted bya Cabinet of nine (9) members, at least four of whomshall preferably come from indigenous culturalcommunities: Provided, That the members shall, as faras practicable, come from various provinces and citieswithin the Autonomous Region.

The members of the Cabinet must be registered votersand residents of the Region for at least five (5) yearsimmediately preceding their appointment.

The Regional Governor shall appoint the members ofthe Cabinet subject to confirmation by the RegionalAssembly.

Section 4. There shall be a Vice-Governor of theAutonomous Region who shall have the same

qualifications and term of office and be elected withand in the same manner as the Regional Governor. Hemay be removed from office in the same manner asthe Regional Governor. The Vice-Governor may beappointed as a member of the Regional Cabinetwithout need of confirmation by the RegionalAssembly.

Section 11. In case of temporary incapacity of theRegional Governor to perform his duties on account ofphysical or legal causes, or when he is on official leaveof absence or travel outside the territorial jurisdictionof the Republic of the Philippines, the Vice-Governor, orif there be none or in case of his permanent ortemporary incapacity or refusal to assume office, theSpeaker of the Regional Assembly shall exercise thepowers, duties and functions of the Regional Governor.

Section 12. The Regional Governor or the Vice-Governor may be removed from office for culpableviolation of the Constitution or this Organic Act,treason, bribery, graft and corruption, other highcrimes or betrayal of public trust by a three-fourths(3/4) vote of all the Members of the Regional Assembly.

The Regional Assembly may initiate the removal of theRegional Governor or the Vice-Governor under thisSection by a majority vote of all its Members.

The Regional Assembly shall promulgate the necessaryrules to carry out effectively the purposes of thisSection.

Section 13. The Regional Governor or the Vice-Governor may be recalled once during his term ofoffice for loss of confidence.

The Regional Assembly shall provide the procedure andsystem whereby such recall can be made: Provided,That no recall shall take place within one year from thedate of the official's assumption of office or one yearimmediately preceding a regional election.

Section 17. The Regional Governor shall appoint, inaddition to the members of the Cabinet, their deputiesthe chairmen and members of the commissions andthe heads of bureaus of the Regional Government, andthose whom he may be authorized by regional law toappoint. The Regional Assembly may, by law, vest theappointment of other officers or officials lower in rankin the heads of departments, agencies, commissionsor boards.

Section 18. Subject to the exceptions provided for inthis Organic Act, the Regional Governor shall havecontrol of all the regional executive commissionsboards, bureaus and offices. He shall ensure that thelaws be faithfully executed. The Regional Governoshall exercise general supervision over the locagovernment units within the Autonomous RegionProvided, however, That nothing herein shall authorizethe diminution of the powers and functions alreadyenjoyed by local government units.

ARTICLE IXAdministration of Justice

Section 1. The Supreme Court, the Court of Appeals

and other courts established by law shall continue toexercise their judicial powers as provided by theConstitution and national laws.

Section 2. There is hereby created a Shari'ahAppellate Court which, together with other Shari'ah andtribal courts, shall have jurisdiction over casesinvolving persons, family and property relations.

The Regional Assembly shall, in consultation with theSupreme Court, determine the number and theterritorial jurisdiction of these courts.

Section 6. The decisions of the Shari'ah AppellateCourt shall be final and executory: Provided, howeverThat nothing herein contained shall affect the originaand appellate jurisdiction of the Supreme Court asprovided in the Constitution.

Section 14. There is hereby created a system of tribacourts, which may include a Tribal Appellate Court, forthe indigenous cultural communities in theAutonomous Region. These courts shall determinesettle and decide controversies and enforce decisionsinvolving personal, family and property rights inaccordance with the tribal codes of these communitiesThe Regional Assembly shall define their compositionand jurisdiction in accordance with this Act.

ARTICLE XFiscal Autonomy

Section 1. The Autonomous Region shall have thepower to create its own sources of revenues and tolevy taxes, fees and charges, subject to such guidelinesand limitations as the Constitution and this Organic Actmay provide, consistent with the basic policy of locaautonomy.

Section 3. All corporations, partnerships, and othebusiness entities directly engaged in business in theAutonomous Region shall pay through the RegionaGovernment that portion of their annual income tax


4/14

corresponding to the net income generated frombusiness done in the area of autonomy.

All corporations, partnerships or business entitiesdirectly engaged in business in the Autonomous Regionshall pay their corresponding taxes, fees, and chargesin the province, city, or municipality where theestablishment is doing business.

Section 4. The sources of revenues of theAutonomous Region shall include, but are not limitedto, the following:

(1) Taxes, except income taxes, imposed by theRegional Government;(2) Fees and charges imposed by the RegionalGovernment;(3) Appropriations, internal revenue allotments andother budgetary allotments from the NationalGovernment;(4) Shares in revenues generated from theoperations of public utilities within the AutonomousRegion; and(5) Block grants derived from economicagreements or conventions authorized by theAutonomous Region, donations, endowments,

foreign assistance, and other forms of aid, subjectto the Constitution and national policies.

xxx xxx xxx

Republic Act No. 8746March 4, 1999

AN ACT PROVIDING FOR THE DATE OF THEREGULAR ELECTIONS OF REGIONAL GOVERNOR,VICE-GOVERNOR AND MEMBERS OF THEREGIONAL LEGISLATIVE ASSEMBLY OF THEAUTONOMOUS REGION IN MUSLIM MINDANAO(ARMM) FURTHER AMENDING FOR THE PURPOSEREPUBLIC ACT NO. 7647 ENTITLED "AN ACTPROVIDING FOR THE DATE OF REGULARELECTIONS FOR REGIONAL GOVERNOR,REGIONAL VICE-GOVERNOR AND MEMBERS OFTHE REGIONAL LEGISLATIVE ASSEMBLY OF THEAUTONOMOUS REGION IN MUSLIM MINDANAOAND FOR OTHER PURPOSES", AS AMENDED, ANDFOR OTHER PURPOSES

Section 1.Amendment to Section 1 of Republic ActNo. 7647.- Section 1 of Republic Act No. 7647, asamended, is hereby further amended by fixing theterm of office for officials elected on September 9,1996, to read as follows:

"Sec. 1. The regular elections for regional governor,regional vice-governor and members of theRegional Legislative Assembly of the AutonomousRegion in Muslim Mindanao, shall be held on thesecond Monday of March, 1993 and every three (3)years thereafter. Their terms of office shallcommence at noon of the thirty-first of March nextfollowing their election and shall expire at noon ofthe thirty-first of March three (3) years thereafterpursuant to Republic Act Numbered Six thousandseven hundred thirty-four, otherwise known as theOrganic Act of the Autonomous Region in MuslimMindanao. However, for the year nineteen hundredand ninety-six, the elections for regional governor,

regional vice-governor and members of theRegional Legislative Assembly shall be held onSeptember 9, 1996. The regional governorregional vice-governor and the members of theRegional Legislative Assembly elected in nineteenhundred and ninety-six shall assume office atwelve oclock noon on the thirtieth day oSeptember next following their election and shalend at twelve oclock noon on the thirtieth day ofSeptember 1999: Provided, That effective 1999the regular elections for regional governor, regionavice-governor and members of the RegionaLegislative Assembly of the Autonomous Region inMuslim Mindanao (ARMM), shall be held on thesecond Monday of September and every three (3)years thereafter pursuant to Republic Act No. 6734otherwise known as the Organic Act for theAutonomous Region in Muslim Mindanao: Providedhowever, That the incumbent regional governorregional vice-governor and members of theRegional Legislative Assembly elected inSeptember 1996 shall continue in office untiSeptember 30, 1999."

Section 2. Declaration of Nullity of List of Voters.

Upon approval of this Act, the existing certified list ofvoters in the Autonomous Region in Muslim Mindanaoshall cease to be effective and operative.

Section 3. Registration of Voters. -There shall be ageneral registration of voters on May 8 and 9, 1999and a special registration of voters on such dates asmay be determined by the Commission on ElectionsBoth registrations shall be under the directadministrative control of the Commission.

xxx xxx xxx

R.A. 9012

AN ACT RESETTING THE REGULAR ELECTIONSFOR ELECTIVE OFFICIALS OF THE AUTONOMOUSREGION IN MUSLIM MINDANAO TO THE SECONDMONDAY OF SEPTEMBER 2001, AMENDING FORTHE PURPOSE REPUBLIC ACT NO. 8953

Section 1. Section 2 of Republic Act No. 8953 ishereby amended to read as follows.

"SEC. 2. The regular elections for the regionagovernor, vice-governor and members of theregional legislative assembly of the AutonomousRegion in Muslim Mindanao (ARMM) set forth underRepublic Act. No. 8953 is hereby reset to the

second Monday of September 2001"

Section 2. Section 3 of Republic Act No. 8953 ishereby further amended to read as follows.

"SEC. 3. The term of office of the regionagovernor, vice-governor and members of theregional legislative assembly shall commence anoon of the 30th day of September 2001 nexfollowing their election and shall expire at noon ofthe 30th day of September three (3) yearsthereafter.

xxx xxx xxx


5/14

R.A. 9054

AN ACT TO STRENGTHEN AND EXPAND THEORGANIC ACT FOR THE AUTONOMOUS REGION INMUSLIM MINDANAO, AMENDING FOR THEPURPOSE REPUBLIC ACT NO. 6734, ENTITLED 'ANACT PROVIDING FOR THE AUTONOMOUS REGIONIN MUSLIM MINDANAO' AS AMENDED

ARTICLE IITHE AUTONOMOUS REGION AREA AND SEAT OFGOVERNMENT

Section 1. Expanded Autonomous Region

(1) The Autonomous Region in Muslim Mindanao which,under the provisions of Republic Act No. 6734, theOrganic Act for the Autonomous Region in MuslimMindanao, is composed of the four provinces of Lanaodel Sur, Maguindanao, Sulu and Tawi-Tawi, is herebyexpanded to include the provinces and cities,enumerated hereunder, which vote favorably to beincluded and in the expanded area of the autonomousregion and for other purposes, in a plebiscite called for

that purpose in accordance with Section 18, Article X ofthe Constitution.

The new area of autonomy shall then be determined bythe provinces and cities that will vote/choose to jointhe said autonomy. It is understood that Congress mayby law which shall be consistent with the Constitutionand in accordance with the provisions of Republic ActNo. 7160, the Local Government Code of 1991, providethat clusters of contiguous-Muslim-dominatedmunicipalities voting in favor of autonomy be mergedand constituted into a new province(s) which shallbecame part of the new Autonomous Region.

(2) Plebiscite Coverage.

(a) The plebiscite shall be conducted in the provincesof Basilan, Cotabato, Davao del Sur, Lanao del Norte,Lanao del Sur, Maguindanao, Palawan, Sarangani,South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi,Zamboanga del Norte, Zamboanga del Sur and thenewly created Province of Zamboanga Sibugay, and

(b) in the cities of Cotabato, Dapitan, Dipolog, GeneralSantos, Iligan, Kidapawan, Marawi, Pagadian, PuertoPrincesa, Digos, Koronadal, Tacurong, and Zamboanga.

Section 2. Result of the Plebiscite

(a) In the four provinces,if the majority of the voters ofthe four provinces of Lanao del Sur, Maguindanao,Sulu, and Tawi-Tawi vote in favor of the above-mentioned proposed amendments, the amendmentsare deemed ratified. Otherwise, the amendments aredeemed rejected except as regards the inclusion of theprovinces and cities that vote for their inclusion in theAutonomous Region as provided in this Organic Act, inwhich case, the said provinces and cities shall becomemembers of the autonomous region.

(b) In the provinces or cities proposed for inclusion inthe expanded area of the autonomous region. Amajority of the votes cast in the plebiscite in every

province or city in favor of the inclusion of the provinceor city as members of the expanded area of theautonomous region as provided in this Organic Actshall effect their membership in the autonomousregion.

ARTICLE IVPOWERS OF GOVERNMENT

Section 1. Powers and Functions. Subject to theprovisions of the Constitution, the RegionaGovernment shall exercise those powers and functionsexpressly granted to it in this Organic Act, or necessaryfor or incidental to the proper governance anddevelopment of all the constituent units within theautonomous region consistent with the policy onregional and local autonomy and decentralization.

The Regional Government may enact its own regionaadministrative code and regional local governmencode consistent with the Constitution. The powers andfunctions already vested upon and the shares of thenational taxes provided by Republic Act No. 7160, theLocal Government Code of 1991, to provinces, citiesmunicipalities, and barangay in the autonomous region

shall not be reduced.

Section 2. Corporate Entity.The autonomous regionis a corporate entity with jurisdiction over all mattersdevolved to it by the Constitution and this Organic Act.

Section 3. Scope of Regional AssemblyLegislative Power; Exceptions. The RegionaAssembly may exercise legislative power in theautonomous region for the benefit of the people andfor the development of the region except on thefollowing matters:

(a) Foreign affairs;

(b) National defense and security;

(c) Postal service;

(d) Coinage and fiscal and monetary policies;

(e) Administration of justice; It may, howeverlegislate on matters covered by the Shari'ah. TheShari'ah shall apply only to Muslims. Its applicationshall be limited by pertinent constitutional provisionsparticularly by the prohibition against cruel andunusual punishment and by pertinent nationalegislation that promoted human rights and theuniversality accepted legal principles and precepts;

(f) Quarantine;

(g) Customs and tariff;

(h) Citizenship;

(i) Naturalization, immigration and deportation;

(j) General auditing;

(k) National elections;

(l) Maritime, land an air transportation, and


6/14

communications. The autonomous government shall,however, have the power to grant franchises, licensesand permits to land, sea and air transportation plyingroutes in the province or cities within the region, andcommunications facilities whose frequencies areconfined to and whose main offices are located withinthe autonomous region;

(m) Patents, trademarks, trade names, andcopyrights; and

(n) Foreign trade.

Section 4. General Welfare Powers.Notwithstanding the limitations on the powers of theRegional Assembly as stated above, it may enact lawsthat promote the general welfare of the people of theautonomous region.

Section 5. Representation. In CentralGovernment or National GovernmentDepartments, Offices. As far as practicable, theautonomous region shall be represented in thedepartments, offices, commissions, agencies, andbureaus of the central government or national

government that implement and enforce policies,programs and projects of the central government ornational government in the region.

Section 6. Eminent Domain. The RegionalGovernment may exercise the power of eminentdomain.

CASES:ABBAS v. COMELECNovember 10, 1989Refresher: Case about the constitutionality of R.A.6734. The petitioners are trying to prohibit Comelecfrom conducting the plebiscite wherein the componentLGUs of the yet to be created ARMM will bedetermined.Held: R.A. 6743 is constitutional. First, it does notcontravene the Tripoli Agreement because the TripoliAgreement is not a treaty, the other contracting partynot being a sovereign state. Even assuming that it is atreaty, it is in the same category as municipal law. Thestandard for the creation of an autonomous regionshould be what is provided in the Constitution.

Under the Constitution and R.A. No. 6734, thecreation of the autonomous region shall take effectonly when approved by a majority of the votes cast bythe constituent units in a plebiscite, and only thoseprovinces and cities where a majority vote in favor of

the Organic Act shall be included in the autonomousregion. Thus, the single plebiscite will determine: (a)whether there will be an autonomous region, and (b)which provinces and cities among those enumerated inR.A. 6734 will comprise it. Only a simple majority ofvotes in an LGU, and not a double majority of votes inall the constituent units put together as well as in theindividual units, is required for the creation of anautonomous region.

LIMBONA v. MANGELINFebruary 28, 1989Refresher: Case of Limbona, formerly the Speaker ofthe Sangguniang Pampook of the Autonomous Region

XII. Issue is whether the SC can look into the acts of theSangguniang Pampook of an autonomous governmentor whether its acts are beyond the scope of judiciareview.Held: This case differentiated betweendecentralization of power (devolution) anddecentralization of administration (deconcentration)The latter involves the delegation by the centragovernment of administrative powers to politicasubdivisions in order to broaden the base ofgovernment and make LGUs more responsive andaccountable. The former, on the other hand, involvesthe abdication of political power wherein theautonomous regions are free to chart their owndestiny. The implication of this second type oautonomy is that the courts have no power to look intothe acts of such autonomous government, the sameway the Court has no power to look into internal acts ofCongress.

An examination of the law reveals that theautonomous regions created by P.D. 1618 were neverintended to exercise autonomy that equates toabdication of political power. The delegated powers arechiefly administrative in nature, and it is even providedthat the President will exercise supervision and control

Thus, since it only enjoys administrative autonomy, thecourts have jurisdiction to look into the propriety of theinternal acts of the Sangguniang Pampook.

PANDI v. COURT OF APPEALSApril 11, 2002Refresher: Case of the five periods of ARMM. Thebasic issue in this case is who among the ProvinciaGovernor, the Regional Governor, and the ARMMSecretary of Health has the power to appoint theprovincial health officer of Lanao Del Sur during theperiods in question (August and October 1993).Held: An examination of the laws governing ARMMshows that there are 5 different periods wherein thegoverning rules are different: 1) Prior to the Organic

Act of 1989, where it is the Secretary of Health whohas the power to appoint a PHO; 2) After the OrganicAct of 1989, where the power of the Secretary was notimmediately devolved to the Regional Governmentuntil the issuance of E.O. No. 133 (1993), after whichthe power to appoint was transferred to the RegionaGovernor; 3) After LGC of 1991, which did not affectthe Organic Act; 4) After the ARMM Local Code, whichmade the PHO also a provincial government officiaappointed by the Regional Governor from a list of threerecommendees by the Provincial Governor; and 5) theOrganic Act of 2001, wherein the power to appoint aPHO, if the latters salary comes from provincial fundswas with the Provincial Governor.

Applying these rules to the case at bar, the firstdesignation of Pandi by the ARMM Secretary of Healthis void, since at that time (August 9, 1993), E.O. 133was not yet issued and the Regional Government didnot yet exercise supervision and control over theprovincial health offices of ARMM. But the seconddesignation is valid since at that time (November 61993), E.O. 133 was already issued, vesting in theARMM Secretary of Health the power to designatePHOs.

DISOMANGCOP v. SECRETARY OF DPWHNovember 25, 2004


7/14

Refresher: This is the case challenging theconstitutionality of R.A. 8999, a law creating the FirstEngineering District of Lanao Del Sur, on the groundthat it infringes on regional autonomy and is merely aduplication of functions of the existing FirstEngineering District of DPWH-ARMM.Held: R.A. 8999 never became operative. The ARMMOrganic Act is more than just an ordinary statute sinceit enjoys affirmation by a plebiscite. Hence, itsprovisions cannot be amended by an ordinary statute,without such amendatory statute being submitted to aplebiscite anew. Since R.A. 8999 was never submittedto a plebiscite, it never became effective as anamendatory law.

Moreover, R.A. 8999 is effectively repealed byR.A. 9054 (new Organic Act). Under Art. VI, Sec. 20,public works is a governmental function specificallydevolved to the Regional Government. This iscorroborated by DOJ Opinion No. 120 which states thatinfrastructure projects are within the authority of theAutonomous Regional Government. Between two lawsof contradictory intent, the latter law shall prevail.

Lastly, R.A. 8999 by itself is unconstitutional.Public works are not reserved to the nationalgovernment under Art. X, Sec. 20. It follows that it is

not one of the functions which can be retained by thenational government. Congress cannot pass a lawreserving this function to the national governmentwithout running afoul of the constitutional mandate ofregional autonomy.

Cordillera Administrative RegionEXECUTIVE ORDER NO. 220July 15, 1987

CREATING A CORDILLERA ADMINISTRATIVEREGION, APPROPRIATING FUNDS THEREFOR ANDFOR OTHER PURPOSES.

Sec. 1. Cordillera Administrative Region. There ishereby created a Cordillera Administrative Region,hereinafter referred to as the CAR.

Sec. 2. Territorial Coverage. For purposes of theCAR, the region shall consist of the provinces of Abra,Benguet, Ifugao, Kalinga-Apayao and Mt. Province andthe chartered city of Baguio. Until otherwise providedby the Cordillera Executive Board (CEB), the seat of theCAR shall be Baguio City. The National Governmentshall provide appropriate offices therefor.

Sec. 3. Purposes. The CAR shall have the followingpurposes:

(a) Administer the affairs of government in the regionas defined in Section 4 and 5 below;

(b) Accelerate the economic and social growth anddevelopment of the units of the region; and

(c) Prepare for the establishment of the autonomousregion in the Cordilleras.

Sec. 4. Scope of Authority and Responsibility. TheCAR shall have authority and responsibility in theregion over the following:

(a) Regional administrative system;

(b) Economic, social and cultural development;

(c) Agricultural, commercial and industrial developmenand promotion of tourism;

(d) Infrastructure development;

(e) Urban and rural development, protection oancestral domain and land reform;

(f) Regional educational system, including theestablishment and maintenance of educationainstitutions and the formulation of educational policiesto cultivate the indigenous Cordillera cultures andinculcate traditional values;

(g) Health, sports, welfare and social services;

(h) Development of indigenous laws and politicainstitutions, particularly those of direct democracy andcollective leadership, as well as the promotion oindigenous institutions and processes for conflicresolution and dispute settlement;

(i) Preservation and enhancement of indigenouscustoms, traditions, languages and cultures;

(j) Strengthening of the bodong system of tribal unityand cooperation;

(k) Protection and preservation of the cultural identityvalues, mores and norms of the various ethno-linguisticgroups in the Cordilleras;

(l) Promotion of social justice and protection of humanrights, particularly the rights of women, children, theelderly and disadvantaged groups, as well as the rightsof people's organizations; and

(m) Such other matters as may be authorized by law odelegated by the President for the promotion of thegeneral welfare.

Sec. 5. Powers and Functions. The CAR shalcoordinate the planning and implementation oprograms and services in the areas enumerated inSection 4. Accordingly, it shall be vested with, amongothers, the following powers and functions:

(a) Coordinate with the local government units as welas with the executive departments of the NationaGovernment in the supervision of field offices and inidentifying, planning, monitoring, and accepting

projects and activities in the region;

(b) Appoint, supervise, control and discipline personneof the CAR and of such other offices as may be fundedby it;

(c) Manage and control funds, facilities and equipmentappropriated for the CAR;

(d) Advise the National Government on mattersaffecting the Cordilleras;

(e) Undertake studies towards codifying the customarylaws of the tribes, including the pagtas of the bodong


8/14

system; and

(f) Promulgate and implement resolutions, rules andregulations necessary to achieve effectively thepurposes of this Executive Order and to carry out thepowers and functions of the CAR.

Sec. 6. Peace and Regional Security. Within theframework of the Constitution and applicable laws, therestoration and maintenance of peace within the regionshall be a major concern of the CAR.

A regional security force shall be organized to assist inthe defense and security of the region subject toguidelines issued for this purpose by the Presidentafter consultations with the CAR, other organizations,and appropriate agencies of the Government.

The defense and security of the region shall be theresponsibility of the National Government.

Sec. 7. Structure of the CAR. The CAR shall have aCordillera Regional Assembly and a CordilleraExecutive Board.

Sec. 8. The Cordillera Regional Assembly. Withinthe framework of the Constitution, laws and policies ofthe National Government, the Cordillera RegionalAssembly shall be the policy-formulating body whichshall articulate and harmonize the interests andaspirations of the people of the Cordilleras. It shall becomposed of not more than two hundred fifty (250)representatives to be appointed according to thefollowing guidelines:

(a) Each municipality shall have one (1) representative;

(b) Baguio City shall have ten (10) representatives;

(c) The non-governmental organizations shall beentitled to a total of eighteen (18) representativestwelve (12) of whom shall come from the major non-governmental organizations in the region to bedetermined according to the size of their membershipand six (6) from province based non-governmentalorganizations.

(d) Each tribe shall send to the Assembly one (1)representative.

Tribal representatives shall be chosen by the tribes in amanner consonant with the Constitution and inharmony with the indigenous decision-makingprocesses in the Cordilleras.

The Assembly shall be headed by a Chairman who shallbe appointed by the President from among itsmembers. The chairman shall be the titular head of theCAR.

The President shall also appoint members from non-governmental organizations as well as representativesof the municipalities and of Baguio City uponnomination of their respective municipal and citycouncils.

Sec. 10. The Cordillera Executive Board. TheCordillera Executive Board shall be the development

body and implementing arm of the CAR. The Presidentshall appoint the twenty-nine (29) regular members othe Board as follows: (a) Mayor of Baguio City and thefive (5) Governors of the provinces enumerated inSection 2; (b) six (6) representatives from theCordillera Bodong Administration, one of whom shall beits chief executive; (c) twelve (12) representatives fromthe different ethno-linguistic groups in the Cordilleraand (d) five (5) representatives from non-governmentaorganizations.

All regional directors of the line departments of theNational Government shall be non-voting ex-officiomembers of the Executive Board.

Sec. 11. Executive Director. The CordilleraExecutive Board shall be headed by a full-timeExecutive Board who shall be headed by a full-timeExecutive Director who shall be appointed by thePresident from among its regular members.

The Executive Director shall have the followingfunctions:

(a) Act on behalf of the President as Chief Executive

Officer of the CAR;

(b) Preside over the meetings of the Executive Board;

(c) Initiate the proposed budget and annual report fothe CAR for the approval of the Executive Board;

(d) Supervise, control and discipline personnel of theExecutive Board and of such other offices as may befunded by it;

(e) Coordinate and supervise the ExecutiveCommittees and the Cordillera Bodong Administrationand

(f) Perform all other functions assigned by law, thePresident, the Cordillera Regional Assembly or theExecutive Board.

Sec. 12. The Executive Committees. The CordilleraExecutive Board may create executive committees toassist in the implementation of its powers andfunctions. Each committee shall be headed by amember of the Executive Board.

Sec. 13. The Cordillera Bodong AdministrationThe Cordillera Bodong Administration shall beincorporated into the CAR as a commission and shalhereinafter be referred to as the CBA. In the territoria

units where it is effective, the CBA shall have thefollowing powers and responsibilities:

(a) Promote respect for the customs and usages of thetribes concerned;

(b) Foster unity among the various communities in theCordilleras and promote regional confederation;

(c) Observe the traditional practice of direct democracyand collective leadership in the Cordilleras within thecontext of and in harmony with administrativemechanisms of the National Government;


9/14

(d) Preserve and develop the communal social orderand economic system;

(e) Perform all functions of the Executive Committeesreferred to in Section 12; and

(f) Perform such other functions as may be determinedby the Executive Board.

The definition and identification of the territorial unitsof the CBA shall be submitted to and confirmed by theExecutive Board and adopted by the Assembly.

The CBA shall be supervised by and be responsible tothe Cordillera Executive Board.

Sec. 17. Period of Existence. The CAR and itsAssembly and Executive Board shall exist until suchtime as the autonomous regional government shallhave been established and organized under an organicact passed by Congress in accordance with Section 18,Article X of the Constitution.

Sec. 20. Projects. The CAR, through its ExecutiveBoard, shall monitor the implementation of all ongoing

national and local government projects in the regionwithin the purview of Section 5(a) hereof.

Sec. 22. Taxes and Resources. The CAR shallreceive an equitable share of the taxes and othergovernment revenues generated in the CAR territorialcoverage. For this purpose, as part of the BIR allotmentin the region, the CAR and the local government unitswithin the Cordillera Administrative Region's territorialcoverage shall have at least fifty percent (50%) shareof such taxes and other government revenues to bedistributed as follows: ten percent (10%) to barangays,ten percent (10%) to municipalities, fifteen percent(15%) to provinces or cities, fifteen percent (15%) tothe CAR.

To ensure proper implementation of the principle ofequitable sharing, the President shall direct theDepartment of Finance and appropriate nationaldepartments and agencies to coordinate with the CAR.

Sec. 23. Grants, Donations, Gifts. Within theframework of pertinent laws and regulations, the CARshall be authorized to receive grants, donations orgifts, provided that such grants, donations or gifts shallbe administered, obligated and disbursed inaccordance with the terms thereof, or in the absence ofsuch terms, in such manner as a majority of theexecutive Board may determine.

Sec. 24. Relationship with the NationalGovernment. The President shall have the power ofgeneral supervision over the CAR and the localgovernment units therein and shall issue theappropriate guidelines therefor. The President may alsocall upon the appropriate executive departments andagencies of the National Government to assist the CARas may be necessary.

The Executive Director shall submit a semi-annualreport to the President.

Sec. 25. Transitory Provisions.

1) The Executive Board shall conduct a study on theterritorial coverage of the Cordillera autonomousregion to be established under an organic act to bepassed by the Congress under Section 15 and 18Article X, of the Constitution. This territorial coveragemay include provinces, cities, municipalities, andgeographic areas contiguous to the territory definedunder Section 2.

2) The President may call upon the Assembly to assisther in constituting the Cordillera Regional ConsultativeCommission.

Consonant with Section 3(c) hereof, the CAR shalcontribute in a meaningful and appropriate manner tothe work of the Cordillera Regional ConsultativeCommission and in the preparation of the organic actby Congress for the Cordillera autonomous region.

3) Pursuant to Section 2, the main offices of the CARshall be located at the Cordillera House in Baguio Cityuntil otherwise determined by the Cordillera ExecutiveBoard.

xxx xxx xxx

DONE in the City of Manila, this 15th day of July, in theyear of Our Lord, nineteen hundred and eighty-seven.

CASES:ORDILLO v. COMMISSION ON ELECTIONSDecember 4, 1990Doctrine: Region is to be made up of more than oneconstituent LGU. Thus, the lone province of Ifugaocannot validly constitute the contemplated CordilleraAutonomous Region.Facts: In the plebiscite for the creation of theCordillera Autonomous Region, it is only the province ofIfugao which voted favorably for the creation. Theissue is whether the lone province can constitute theautonomous region.Held: NO. The sole province of Ifugao cannot validlyconstitute the Cordillera Autonomous Region. Anexamination of R.A. 6861 would reveal that it is repletewith provisions that show that Congress neveintended the autonomous region to be composed oone LGU alone. Holding to the contrary would lead toabsurd situations, such as the scenario of two sets ofofficers, provincial and regional, for the same territoriaarea and the same LGU.

CORDILLERA BROAD COALITION v. COURT OF

APPEALSJanuary 29, 1990Refresher: This case clarifies the nature of theCordillera Administrative Region as a transitory entityThe case involves the constitutionality of E.O. 220creating the Cordillera Administrative Region, passedpursuant to the legislative powers of Pres. CorazonAquino.Held: E.O. 220 is constitutional. It does not preemptthe creation of an autonomous region because what iscreated is merely an administrative entity of thenational government, not an autonomous region.1. CAR is NOT the autonomous region contemplated

by the Constitution. A reading of E.O. 220 wil


10/14

reveal that what it envisions is the consolidationand coordination of the delivery of services of thenational government in the areas covered by theadministrative region as a step preparatory for thegrant of autonomy to the Cordilleras. It does notcreate an autonomous region. It merely providesfor transitory measures in anticipation of theenactment of an organic act and the creation of anautonomous region.

2. The bodies created by E.O. 220 do not supplant theexisting local government structure, nor are theyautonomous government entities. They merelyconstitute the mechanism for an umbrella thatbrings together the existing local governments, theagencies of the national government, the ethno-linguistic groups or tribes, and NGOs in a concertedeffort to spur development in the Cordilleras.

BADUA v. CORDILLERA BODONGADMINISTRATIONFebruary 14, 1991Doctrine: The tribal courts are not part of thePhilippine judicial system, which consists of theSupreme Court and the lower courts which have beenestablished by law. The tribal courts do not possess

judicial power, and at best are merely conciliationpanels that are advisory and conciliatory. An amicablesettlement that results from such compromise, if notseasonably repudiated, has the force and effect of afinal judgment of a court. However, it can be enforcedonly through the local city or municipal courts, notthrough the CPLA.

Because the Cordillera Autonomous Region didnot come to be, the Cordillera Bodong Administration,the Cordillera Peoples Liberation Army, and the tribalcourts created under it, did not legally exist.

ATITIW v. ZAMORASeptember 30, 2005Refresher:This concerns a challenge to the legality of

special provisions found in the General AppropriationsAct of 2000, which provided that the fundsappropriated for the CAR should be used for winding upits activities and operations. The petitioners argue inthe main that the national government cannot legallyabolish CAR by reducing its budget and ordering that itbe used to wind up its activities.Held:The special provisions are constitutional.1. There are no prohibited riders in this case. The

provisions meet the test of germaneness, becausethey are non-appropriation items related to the useor disposition of appropriation items.

2. CAR was NOT abolished by the GAA but merely putto a dormant status. There is a distinction between

the words deactivate and abolish. The formermeans to render inactive or ineffective, while thelatter means to do away with, annul, abrogate ordestroy completely. Thus, while in abolition, theoffice ceases to exist, the same is not true indeactivation where the office continues to exist,albeit in a dormant status.

3. Even assuming it was abolished, Congress has theabsolute power to do so. The creation of publicoffices is primarily a legislative function. Moreover,CAR is merely an administrative agency and is notthe autonomous region contemplated by Art. X,Sec. 15 of the 1987 Constitution.

The Metropolitan Manila Development Authority

1987 CONSTITUTIONArt. X, Section 11. The Congress may, by law, createspecial metropolitan political subdivisions, subject to aplebiscite as set forth in Section 10 hereof. Thecomponent cities and municipalities shall retain theibasic autonomy and shall be entitled to their own locaexecutive and legislative assemblies. The jurisdiction ofthe metropolitan authority that will thereby be createdshall be limited to basic services requiringcoordination.

Art. XVIII, Section 8. Until otherwise provided by theCongress, the President may constitute theMetropolitan Manila Authority to be composed of theheads of all local government units comprising theMetropolitan Manila area.

REPUBLIC ACT NO. 7924

AN ACT CREATING THE METROPOLITAN MANILADEVELOPMNET AUTHORITY, DEFINING ITSPOWERS AND FUNCTIONS, PROVIDING FUNDING

THEREFOR AND FOR OTHER PURPOSES

Sec. 1 Declaration of Policy - It is hereby declared tobe the policy of the State to treat Metropolitan Manilaas a special development and administrative regionand certain basic services affecting or involving MetroManila as metro-wide services more efficiently andeffectively planned, supervised and coordinated by adevelopment authority as created therein, withouprejudice to the autonomy of the affected locagvernment units.

Pursuant to this policy, Metropolitan Manila, as a publiccorporation created under Presidential Decree No. 824embracing the Cities of Caloocan, ManilaMandaluyong, Pasay, and Quezon and theMunicipalities of Las Pias, Makati, Malabon, MarikinaMuntinlupa Navotas, Paraaque, Pasig, Pateros, SanJuan, Tagig, and Valenzuela, is hereby constituted intoa special development and administered region.

Sec. 2 Creation of Metropolitan ManilaDevelopment Authority. - The affairs of MetropolitanManila shall be administered by the MetropolitanManila Development Authority, hereinafter referred toas the MMDA, to replace the Metro Manila Authority(MMA) organized under Executive Order No. 392, Seriesof 1990.

The MMDA shall perform planning, monitoring andcoordinative functions, and in the process exerciseregulatory and supervisory authority over the deliveryof metro-wide services within Metro Manila withoudiminution of the autonomy of the local governmentunits concerning purely local matters.

Sec. 3 Scope of MMDA Services. - Metro-wideservices under the jurisdiction of the MMDA are thoseservices which have metro-wide impact and transcendlegal political boundaries or entail huge expendituressuch that it would not be viable for said services to beprovided by the individual local government units(LGUs) comprising Metropolitan Manila. These services


11/14

shall include:

(a) Development planning which includes thepreparation of medium and long-termdevelopment plans: the development evaluationand packaging of projects; investmentprogramming and coordination and monitoring ofplan, program and project implementation.

(b) Transport and traffic management which includesthe formulation, coordination and monitoring ofpolicies, standards, programs and projects torationalize the existing transport operations,infrastructure requirements, the use ofthoroughfares, and promotions of safe andconvenient movement of persons and goods:provision for the mass transport system and theinstitution of a system to regulate road users;administration and implementation of all irerheenforcement operations, traffic engineeringservices and traffic education programs,including the institution of a single ticketingsystem in Metropolitan Manila.

(c) Solid waste disposal and management which

include formulation, and implementation ofpolicies, standards, programs and projects forproper and sanitary waste disposal. It shalllikewise include the establishment and operationof sanitary landfill and related facilities and theimplementation of other alternative programsintended to reduce, reuse and recycle solidwaste.

(d) Flood control and sewerage management whichincludes the formulation and implementation ofpolicies, standards, programs and projects for anintegrated flood control, drainage and seweragesystem.

(e) Urban renewal, zoning and land use planning,and shelter services which includes theformulation, adoption and implementation ofpolicies, standards, rules and regulations,programs and projects to rationalize andoptimize urban land use and provide direction tourban growth and expansion, the rehabilitationand development of slum and blighted areas, thedevelopment of shelter and housing facilities andthe provision of necessary social servicesthereof.

(f) Health and sanitation, urban protection andpollution control which includes the formulation

and implementation of policies, rules andregulations, standards, programs and projects forthe promotion and safeguarding of the healthand sanitation of the region and for theenhancement of ecological balance and theprevention, control and abatement ofenvironmental pollution.

(g) Public safety which includes the formulation andimplementation of programs and policies andprocedures to achieve public safety, especiallypreparedness for preventive or rescue operationsduring times of calamities and disasters such asconflagrations, earthquake,-flood and tidal

waves; and coordination and mobilization oresources and the implementation forehabilitation and relief operations incoordination with national agencies concerned.

Sec. 4 Metro Manila Council. The governing boardand policy making body of the MMDA shall be theMetro Manila Council, composed Of the majors of theeight (8) cities and nine (9) municipalities enumeratedin Section 1 hereof and the president of the MetroManila Vice Mayors League and the president of theMetro Manila Councilors League.

The heads of the Department of Transportation andCommunications (DOTC), Department of Public Worksand Highways (DPWH), Department of Tourism (DOT)Department of Budget and Management OfficeHousing Urban and Development CoordinatingCommittee (HUDCC) and the Philippine National Police(PNP) or their duly authorized representatives, shalattend meetings of the Council as non-voting members

The Council shall be headed by a Chairman, who shalbe appointed by the President and who shall continueto hold office at the discretion of the appointing

authority. He shall be vested with the rank, rightsprivileges, disqualifications, and prohibitions of aCabinet member.

The Chairman shall be assisted by a General Manageran Assistant General Manager for Finance andAdministration, an Assistant General Manager foPlanning and an Assistant General Manager foOperations, all of whom shall be appointed by thePresident with the consent and concurrence of themajority of the Council, subject to civil service laws andregulations. They shall enjoy security of tenure andmay be removed for cause in accordance with law.

The Assistant General Manager for Planning must havenot less than five (5) years of extensive experience indevelopment and planning or must hold a master'sdegree in urban planning or similar discipline.

The Chairman and the members of the Council shall beentitled to allowances and per diems in accordancewith existing policies, rules and regulations on thematter.

Sec. 5. Functions and powers of the Metro ManilaDevelopment Authority. - The MMDA shall:

(a) Formulate, coordinate and regulate theimplementation of medium and long term plans

and programs for the delivery of metro-wideservices, land use and physical developmenwithin Metropolitan Manila, consistent withnational development objectives and priorities.

(b) Prepare, coordinate and regulate theimplementation of medium term investmenprograms tor metro-wide services which shalindicate sources and uses of funds for priorityprograms and projects, which shall include thepackaging of projects and presentation tofunding institutions;

(c) Undertake and manage on its own metro-wide


12/14

programs and projects for the delivery of specificservices under its jurisdiction subject to theapproval of the Council. For this purpose, MMDAcan create appropriate project managementoffices;

(d) Coordinate and monitor the implementation ofsuch plans, programs and projects in MetroManila; identify bottlenecks and adopt solutionsto problems of implementation; and

(e) The MMDA shall set the policies concerning trafficin Metropolitan Manila, and coordinate andregulate the implementation of all programs andprojects concerning traffic managementspecifically pertaining to enforcement,engineering and education. Upon request, it shallbe extended assistance and cooperation,including but not limited to, assignment ofpersonnel, by all other government agencies andoffices concerned.

(f) Install and administer a single ticketing system,fix, impose and collect fines and penalties for allkinds of violations of traffic rules and regulations,

whether moving or non-moving in nature, andconfiscate and suspend or revoke driver'slicenses in the enforcement of such traffic lawsand regulations, the provisions of RA 4136 andPD 1605 to the contrary notwithstanding. For thispurpose, the Authority shall enforce all trafficlaws and regulations in Metro Manila, through itstraffic operation center, and may deputizedmembers of the PNP, traffic enforcers of localgovernment units, duly licensed security guardsor members of non-governmental organizationsto whom may be delegated certain authority,subject to such conditions and requirements asthe Authority may impose.

(g) Perform other related functions required toachieve the objectives of the MMDA, includingthe undertaking of delivery of basic services tothe local government units when deemednecessary, subject to prior coordination with andconsent of the local government unit concerned.

Sec. 6 Functions of the Metro Manila Council. -The Council shall be the policy making body of theMMDA.

It shall approve metro-wide plans, programs andprojects and issue rules and regulations and resolutionsdeemed necessary by the MMDA to carry out the

purposes of this Act.

It may increase the rate of allowances and per diems ofthe members of the Council to take effect during theterm of the succeeding Council; it shall fix thecompensation of the officers and personnel of theMMDA, and approve the annual budget thereof forsubmission to the DBM.

It shall promulgate rules and regulations and setpolicies and standards for metro-wide applicationgoverning the delivery of basic services, prescribe andcollect service and regulatory fees, and impose andcollect fines and penalties.

Sec. 7 Functions of the Chairman. -The Chairmanshall:

(a) Appoint, subject to civil service laws, rules andregulations. all subordinate officers andemployees, who shall enjoy security of tenureand may be removed only for cause inaccordance with law. The Chairman is herebyauthorized to engage the services oexperts/consultants either on full time or parttime basis, as may be required in theperformance of his functions and duties as maybe determined by him:

(b) Execute the policies and measures approved bythe Metro Manila Council and be responsible forthe efficient and effective day-to-daymanagement of the operations of the MMDA;

(c) Prepare the annual budget for the operations ofthe MMDA for submission to the Council;

(d) Submit for consideration of the Council suchother policies and measures as may be deemed

necessary to carry out the purposes andprovisions of this Act;

(e) Subject to the guidelines and policies set by theCouncil, prepare the staffing pattern and fix thenumber of subordinate officials and employees ofthe MMDA; and exercise the power to disciplinesubordinate officials and employees under theprovision of law;

(f) Prepare an annual report on theaccomplishments of the MMDA at the close oeach calendar year for submission to the Counciand to the President of the Philippines; and

(g) Perform such other duties as may be assigned tohim by the President or by the Council.

xxx xxx xxx

CASES:Summary: What the MMDA can and cannot do

Metro Manila Development Authority

Can Formulate, administer and implement oenforce metro-wide services dulyapproved by the LGU throughappropriate ordinance

Cannot Exercise police power. It has no police

powerGarin Confiscate drivers licenses unless there

is a law or an ordinance allowing it to doso.

Bel-Air Open a private subdivision street topublic traffic and abolish a perimetewall.

Trackworks

Take down advertisement materials dulyput up in accordance with an existingcontract.

Viron Eliminate bus terminals located alongEDSA.


13/14

MMDA v. GARINApril 15, 2005Refresher: Case of Atty. Garin whose drivers licensewas confiscated after he was caught illegally parking inBinondo, Manila.Doctrine: MMDA is not vested with police power.MMDA is not a local government unit or a publiccorporation endowed with legislative power, and unlikeits predecessor, the Metro Manila Commission, it hasno power to enact ordinances for the welfare of thecommunity. In the absence of an ordinance of the Cityof Manila mandating confiscation of drivers license asa penalty for traffic violations, it cannot do so. Thus,insofar as Sec. 5 (f) of R.A. 7924 (MMDA Charter) isunderstood by petitioner to grant the MMDA the powerto confiscate and suspend or revoke drivers licenseswithout need of any other legislative enactment, suchis an unauthorized exercise of police power.

Police power is an essentially legislative power.Thus, it cannot be exercised by any group or body ofindividuals not possessing legislative power.

MMDA v. BEL-AIR VILLAGE ASSOCIATIONMarch 27, 2000Refresher: This is the case where MMDA wrote a

letter to Bel-Air demanding that Neptune Street, aprivate subdivision road, be opened to public to easetraffic congestion in the area. It is the seminal casewhich is the authority for the proposition that MMDAhas no police power.Held: Police power is an inherent attribute ofsovereignty. However, it bears stressing that it is apower primarily lodged with the National Legislature. Itcannot be exercised by any group or body ofindividuals not possessing legislative power.

An examination of MMDAs charter reveals thatthe scope of MMDA function is limited to the delivery ofseven basic services The powers of the MMDA arelimited to the following acts: formulation, coordination,regulation, implementation, preparation, management,

monitoring, setting of policies, installation of a systemand administration. There is no syllable in R.A. 7924which grants the MMDA police power, let alonelegislative power. There is no provision that empowersthe MMDS or its Council to enact ordinances for thegeneral welfare of the inhabitants of Metro Manila.

MMDA is only a development authority. It isan agency created for the purpose of laying downpolicies and coordinating with the various nationalgovernment agencies for the purpose of efficient andexpeditious delivery of basic services in the vastmetropolitan area. All its functions are administrative.

MMDA is different from its predecessor MMC,which is a municipal corporation endowed with

legislative powers. Hence, MMC can then exercisepolice power.

MMDA v. TRACKWORKS RAIL TRANSITADVERTISING, VENDING AND PROMOTIONS, INC.October 25, 2005Refresher: In this case MMDA assails the issuance of awrit of preliminary injunction restraining it fromdismantling the signages and billboards installed byrespondent Trackworks, on the ground that it allegedlyviolates MMDA Regulation No. 96-009, prohibiting theinstallment of billboards in center islands, roads, posts,and open space. Trackworks, in its defense, invokes itscontract with MRTC giving the former exclusive rights

to undertake advertising activities in the MRTstructure.Held: Trackworks is entitled to the preliminaryinjunction. There are two requisites for the issuance oa preliminary injunction: 1) the right to be protectedexists prima facie, and 2) the acts sought to beenjoined are violative of that right. Here, Trackworksdemonstrated a clear legal right pursuant to contractthat will probably be violated by MMDAs actions ofdismantling its signages.

FRANCISCO v. FERNANDONovember 16, 2006Refresher: This case involves the wet flag scheme ofMMDA against erring pedestrians. MMDA won thecase on a technicality, because Francisco failed tosatisfy the requirements for judicial review. He has nolocus standi, and the case involves a factuadetermination of whether the wet flag scheme is areasonable enforcement of anti-jaywalking ordinancesHe also violated the doctrine of hierarchy of courts.

Moreover, the Court took judicial notice of thefact that all the cities and municipalities of Metromanila, except Valenzuela City, have enacted anti

jaywalking ordinances which the MMDA seeks toenforce.

MMDA v. VIRON TRANSPORTATION CO., INC.August 15, 2007Refresher: This case involved the Greater ManilaMass Transportation System project outlined in E.ONo.179 during GMAs time. The plan mentions, amongothers, a plan by MMDA to decongest traffic byeliminating the bus terminals located along majoMetro Manila thoroughfares. Viron Transport and othebus operators object on the main ground that iconstitutes unlawful deprivation of property.Held: The DOTC, not the MMDA, is the one authorizedto establish and implement a project such as the one

contemplated under E.O. 179. The grant of authority toDOTC includes the power to establish and administercomprehensive and integrated programs fotransportation and communications. Examining theobjectives of E.O. No. 179, it is a project whosepurpose is more properly undertaken by the DOTC. Bydesignating the MMDA as the implementing agencythe President overstepped the limits of authorityconferred by law. Thus, E.O. No. 179 is ultra vires.

Moreover, the designation of MMDA flies in theabsence of a specific grant of authority under R.A7924. It bears stressing that the MMDA has no policepower, and its functions are essentially administrativein nature. In light of the administrative nature of its

powers, the MMDA is devoid of authority to implementthe project as envisioned by E.O. No. 179. (It cannotfor one, order the bus operators to abandon theiterminals and use a common one.)

Moreover, the court found that E.O. No. 179 isoverbroad. There are other constitutionally permissiblemeans to solve the traffic problem that do notderogate the property rights of bus operators.

MMDA v. CONCERNED RESIDENTS OF MANILABAYDecember 18, 2008Refresher: Who doesnt know this case? Basically aclass suit for environmental clean-up of the Manila Bay


14/14

seeking to rehabilitate the bay, accusing the variousgovernment agencies of failure to implement severalenvironmental laws. The government agencies passthe bucket, saying it is not their within their functionsto do the clean-up. The court proceeds to discuss thefunctions of each concerned governmental authority inrelation to different environmental laws they aresupposed to implement. This case is notable for theconcept ofcontinuing mandamus.Held: The RTC Order to clean up and rehabilitate theManila Bay was sustained. The Supreme Court heldthat the cleaning up and rehabilitating Manila Bay isministerial in nature and can be compelled bymandamus.

Regarding the MMDA, Sec. 3(c) of R.A. No.7924 mandates the MMDA to put up an adequate andappropriate sanitary landfill and solid waste and liquiddisposal as well as other alternative garbage disposalsystems. SC noted that MMDAs duty in the area ofsolid waste disposal is set forth not only in theEnvironment Code (PD 1152) and RA 9003, but also inits charter. Therefore, it is ministerial in nature and canbe compelled by mandamus.

The same goes for the other agencies includedin the writ of continuing mandamus.2

2Writ of continuing mandamus - It is writ issued by a court inan environmental case directing any agency or

instrumentality of the government or officer thereof to

perform an act or series of acts decreed by final judgment

which shall remain effective until judgment is fully satisfied. It

is filed by one who is personally aggrieved.

locgov case doctrines part 20

Documents