dimalotang vs dpwh

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    G.R. No. 149848 November 25, 2004


    DA%MANONG and !" S"CR"AR# O$ &%DG" and MANAG"M"N "MILIA .&ONCODIN,respondents.

    D E C I S I O N

    INGA, J.)

    At stake in the present case is the fate of regional autonomy for uslim indanao !hich is theepoch"making, Constitution"#ased pro$ect for achieving national unity in diversity.

    Challenged in the instant petition for certiorari, prohi#ition and mandamus !ith prayer for atemporary restraining order and%or !rit of preliminary in$unction&'(etition) are the constitutionalityand validity of *epu#lic Act No. + '*.A. +),-entitled An Act Esta#lishing An EngineeringDistrict in the /irst District of the (rovince of 0anao del Sur and Appropriating /unds 1herefor, andDepartment of (u#lic 2orks and 3igh!ays 'D(23) Department Order No. && 'D.O. &&)4on thesu#$ect, Creation of ara!i Su#"District Engineering Office.

    The Background

    1he uncontested legal and factual antecedents of the case follo!.

    /or the first time in its history after three Constitutions, the (hilippines ordained the esta#lishment ofregional autonomy !ith the adoption of the &+5 Constitution. Sections &6and &7, Article 8 mandatethe creation of autonomous regions in uslim indanao and in the Cordilleras. Section &7specifically provides that 9t:here shall #e created autonomous regions in uslim indanao and inthe Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharingcommon and distinctive historical and cultural heritage, economic and social structures, and otherrelevant characteristics !ithin the frame!ork of this Constitution and the national sovereignty as !ellas territorial integrity of the *epu#lic of the (hilippines. 1o effectuate this mandate, the Charterdevotes a num#er of provisions under Article 8.7

    (ursuant to the constitutional mandate, *epu#lic Act No. ;546 '*.A. ;546), entitled An Act(roviding for An Organic Act for the Autonomous *egion in uslim indanao, !as enacted andsigned into la! on & August &+. 1he la! called for the holding of a ple#iscite in the provinces of

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    1hese provinces #ecame the Autonomous *egion in uslim indanao 'A*).51he la! containsela#orate provisions on the po!ers of the *egional ?overnment and the areas of $urisdiction !hichare reserved for the National ?overnment.+

    In accordance !ith *.A. ;546, then (resident Coraon C. ABuino issued on &- Octo#er &,Eecutive Order No. 6-; 'E.O. 6-;), entitled (lacing the Control and Supervision of the Offices of

    the Department of (u#lic 2orks and 3igh!ays !ithin the Autonomous *egion in uslim indanaounder the Autonomous *egional ?overnment, and for other purposes. Sections & to 4 of theEecutive Order are its operative provisions.

    A* !as formally organied on ; Novem#er &. (resident Coraon C. ABuino fle! to Cota#ato,the seat of the *egional ?overnment, for the inauguration. At that point, she had already signedseven '5) Eecutive Orders devolving to A* the po!ers of seven '5) ca#inet departments,namely@ '&) local government '-) la#or and employment '4) science and technology '6) pu#lic!orks and high!ays '7) social !elfare and development ';) tourism and '5) environment andnational resources.&

    Nearly nine ') years later, on - ay &, then Department of (u#lic 2orks and 3igh!ays

    'D(23) Secretary ?regorio *. Figilar issued D.O. && !hich reads, thus@

    Su#$ect@ Creation of ara!i Su#"District Engineering Office

    (ursuant to Sections ; and -7 of Eecutive Order No. &-6 dated 4 Ganuary &+5, there ishere#y created a D(23 ara!i Su#"District Engineering Office !hich shall have $urisdictionover all national infrastructure pro$ects and facilities under the D(23 !ithin ara!i City andthe province of 0anao del Sur. 1he headBuarters of the ara!i Su#"District EngineeringOffice shall #e at the former Buarters of the ara!i City Engineering Office.

    (ersonnel of the a#ove"mentioned Su#"District Engineering Office shall #e made up ofemployees of the National ?overnment Section of the former ara!i City Engineering Office

    !ho are no! assigned !ith the Iligan City Su#"District Engineering Office as may #edetermined #y the D(23 *egion 8II *egional Director. 'Emphasis supplied)

    Almost t!o '-) years later, on &5 Ganuary -&, then (resident Goseph E. Estrada approved andsigned into la! *.A. +. 1he tet of the la! reads@

    AN AC1 ES1A

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    sums as may #e necessary for the maintenance and continued operation of the engineeringdistrict office shall #e included in the annual ?eneral Appropriations Act.

    SEC. 6. 1his Act shall take effect upon its approval. 'Emphasis supplied)

    Congress later passed *epu#lic Act No. 76 '*.A. 76), entitled An Act to Strengthen and

    Epand the Organic Act for the Autonomous *egion in uslim indanao, Amending for the (urpose*epu#lic Act No. ;546, entitled An Act (roviding for the Autonomous *egion in uslim indanao, as

    Amended. 0ike its forerunner, *.A. 76 contains detailed provisions on the po!ers of the *egional?overnment and the retained areas of governance of the National ?overnment.&&

    *.A. 76 lapsed into la!&-on 4& arch -&. It !as ratified in a ple#iscite held on &6 August -&.1he province of

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    petitioners argue that the la! !as skillfully timed for signature #y former (resident Goseph E.Estrada during the pendency of the impeachment proceedings. &5

    In its resolution of + Octo#er -&, the Court reBuired respondents to file their comment.&+Incompliance, respondents D(23 Secretary and D

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    means a material interest, an interest in issue affected #y the decree, as distinguished from a mereinterest in the Buestion involved, or a mere incidental interest.4

    A party challenging the constitutionality of a la!, act, or statute must sho! not only that the la! isinvalid, #ut also that he has sustained or is in immediate, or imminent danger of sustaining somedirect in$ury as a result of its enforcement, and not merely that he suffers there#y in some indefinite

    !ay. 3e must sho! that he has #een, or is a#out to #e, denied some right or privilege to !hich he isla!fully entitled, or that he is a#out to #e su#$ected to some #urdens or penalties #y reason of thestatute complained of.4&

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    1he A* Organic Acts are deemed a part of the regional autonomy scheme. 2hile they areclassified as statutes, the Organic Acts are more than ordinary statutes #ecause they en$oyaffirmation #y a ple#iscite.473ence, the provisions thereof cannot #e amended #y an ordinary statute,such as *.A. + in this case. 1he amendatory la! has to #e su#mitted to a ple#iscite.

    2e Buote ecerpts of the deli#erations of the Constitutional Commission@


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    Although *.A. 76 !as enacted later, it reaffirmed the imperativeness of the ple#iscitereBuirement.45In fact, *.A. 76 itself, #eing the second or later A* Organic Act, !as su#$ectedto and ratified in a ple#iscite.

    1he first A* Organic Act, *.A. ;56, as implemented #y E.O. 6-;, devolved the functions of theD(23 in the A* !hich includes 0anao del Sur 'minus ara!i City at the time)4+to the *egional


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    Autonomy, as a national policy, recognies the !holeness of the (hilippine society in itsethnolinguistic, cultural, and even religious diversities. It strives to free (hilippine society of the strainand !astage caused #y the assimilationist approach.6;(olicies emanating from the legislature areinvaria#ly assimilationist in character despite channels #eing open for minority representation. As aresult, democracy #ecomes an irony to the minority group. 65

    Several commissioners echoed the pervasive sentiment in the plenary sessions in their o!ninimita#le !ay. 1hus, Commissioner

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    *egional autonomy is the degree of self"determination eercised #y the local government unit vis"M"vis the central government.

    In international la!, the right to self"determination need not #e understood as a right to politicalseparation, #ut rather as a comple net of legal"political relations #et!een a certain people and thestate authorities. It ensures the right of peoples to the necessary level of autonomy that !ould

    guarantee the support of their o!n cultural identity, the esta#lishment of priorities #y the communityLsinternal decision"making processes and the management of collective matters #y themselves. 77

    If self"determination is vie!ed as an end in itself reflecting a preference for homogeneous,independent nation"states, it is incapa#le of universal application !ithout massive disruption.3o!ever, if self"determination is vie!ed as a means to an endthat end #eing a democratic,participatory political and economic system in !hich the rights of individuals and the identity ofminority communities are protectedits continuing validity is more easily perceived. 7;

    *egional autonomy refers to the granting of #asic internal government po!ers to the people of aparticular area or region !ith least control and supervision from the central government. 75

    1he o#$ective of the autonomy system is to permit determined groups, !ith a common tradition andshared social"cultural characteristics, to develop freely their !ays of life and heritage, eercise theirrights, and #e in charge of their o!n #usiness. 1his is achieved through the esta#lishment of aspecial governance regime for certain mem#er communities !ho choose their o!n authorities from!ithin the community and eercise the $urisdictional authority legally accorded to them to decideinternal community affairs.7+

    In the (hilippine setting, regional autonomy implies the cultivation of more positive means fornational integration. It !ould remove the !ariness among the uslims, increase their trust in thegovernment and pave the !ay for the unhampered implementation of the development programs inthe region.7Again, even a glimpse of the deli#erations of the Constitutional Commission could lenda sense of the urgency and the ineora#le appeal of true decentraliation@

    *. O(0E. . . . 2e are !riting a Constitution, of course, for generations to come, not only forthe present #ut for our posterity. 1here is no harm in recogniing certain vital pragmaticneeds for national peace and solidarity, and the !riting of this Constitution $ust happens at atime !hen it is possi#le for this Commission to help the cause of peace and reconciliation inindanao and the Cordilleras, #y taking advantage of a heaven"sent opportunity. . . . ;

    . . .

    *. A

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    peace. 1hese are momentous issues in !hich the territorial integrity and the solidarity of thiscountry are #eing put at stake, in a manner of speaking.

    2e are !riting a peace Constitution. 2e hope that the Article on Social Gustice cancontri#ute to a climate of peace so that any civil strife in the countryside can #e more Buicklyand more $ustly resolved. 2e are providing for autonomous regions so that !e give

    constitutional permanence to the $ust demands and grievances of our o!n fello! countrymenin the Cordilleras and in indanao. One hundred thousand lives !ere lost in that struggle inindanao, and to this day, the Cordilleras is #eing shaken #y an armed struggle as !ell as apeaceful and militant struggle.

    . . .

    *ather than give opportunity to foreign #odies, no matter ho! sympathetic to the (hilippines,to contri#ute to the settlement of this issue, I think the Constitutional Commission ought notto forego the opportunity to put the stamp of this Commission through definitive action on thesettlement of the pro#lems that have nagged us and our forefathers for so long. ;-

    A necessary prereBuisite of autonomy is decentraliation.;4

    Decentraliation is a decision #y the central government authoriing its su#ordinates, !hethergeographically or functionally defined, to eercise authority in certain areas. It involves decision"making #y su#national units. It is typically a delegated po!er, !herein a larger government choosesto delegate certain authority to more local governments. /ederalism implies some measure ofdecentraliation, #ut unitary systems may also decentralie. Decentraliation differs intrinsically fromfederalism in that the su#"units that have #een authoried to act '#y delegation) do not possess anyclaim of right against the central government.;6

    Decentraliation comes in t!o formsdeconcentration and devolution. Deconcentration isadministrative in nature it involves the transfer of functions or the delegation of authority and

    responsi#ility from the national office to the regional and local offices. 1his mode of decentraliationis also referred to as administrative decentraliation.;7

    Devolution, on the other hand, connotes political decentraliation, or the transfer of po!ers,responsi#ilities, and resources for the performance of certain functions from the central governmentto local government units.;;1his is a more li#eral form of decentraliation since there is an actualtransfer of po!ers and responsi#ilities.;5It aims to grant greater autonomy to local government unitsin cogniance of their right to self"government, to make them self"reliant, and to improve theiradministrative and technical capa#ilities.;+

    1his Court elucidated the concept of autonomy in 0im#ona v. angelin,;thus@

    Autonomy is either decentraliation of administration or decentraliation of po!er. 1here isdecentraliation of administration !hen the central government delegates administrativepo!ers to political su#divisions in order to #roaden the #ase of government po!er and in theprocess to make local governments more responsive and accounta#le, and ensure theirfullest development as self"reliant communities and make them more effective partners in thepursuit of national development and social progress. At the same time, it relieves the centralgovernment of the #urden of managing local affairs and ena#les it to concentrate on nationalconcerns. 1he (resident eercises general supervision over them, #ut only to ensure thatlocal affairs are administered according to la!. 3e has no control over their acts in thesense that he can su#stitute their $udgments !ith his o!n.

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    Decentraliation of po!er, on the other hand, involves an a#dication of political po!er in thefavor of local government units declared to #e autonomous. In that case, the autonomousgovernment is free to chart its o!n destiny and shape its future !ith minimum interventionfrom central authorities. According to a constitutional author, decentraliation of po!eramounts to self"immolation, since in that event the autonomous government #ecomesaccounta#le not to the central authorities #ut to its constituency.

    In the case, the Court revie!ed the epulsion of a mem#er from the Sangguniang (ampook,Autonomous *egion. It held that the Court may assume $urisdiction as the local government unit,organied #efore &+5, en$oys autonomy of the former category. It refused, though, to resolve!hether the grant of autonomy to uslim indanao under the &+5 Constitution involves, truly, aneffort to decentralie po!er rather than mere administration.5

    A year later, in Cordillera

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    special courts !ith personal, family and property la! $urisdiction consistent !ith theprovisions of the Constitution and national la!s.

    1he creation of the autonomous region shall #e effective !hen approved #y ma$ority of thevotes cast #y the constituent units in a ple#iscite called for the purpose, provided that onlyprovinces, cities, and geographic areas voting favora#ly in such ple#iscite shall #e included

    in the autonomous region.

    SEC. -. 2ithin its territorial $urisdiction and su#$ect to the provisions of this Constitution andnational la!s, the organic act of autonomous regions shall provide for legislative po!ersover@

    '&) Administrative organiation

    '-) Creation of sources of revenues

    '4) Ancestral domain and natural resources

    '6) (ersonal, family and property relations

    '7) *egional ur#an and rural planning development

    ';) Economic, social, and tourism development

    '5) Educational policies

    '+) (reservation and development of the cultural heritage and

    ') Such other matters as may #e authoried #y la! for the promotion of general !elfare ofthe people of the region. 'Emphasis supplied)

    E.O. 6-; officially devolved the po!ers and functions of the D(23 in A* to the Autonomous*egional ?overnment 'A*?). Sections & and - of E.O. 6-; provide@

    SEC1ION &. 1ransfer of Control and Supervision. 1he offices of the Department of (u#lic2orks and 3igh!ays 'D(23) !ithin the Autonomous *egion in uslim indanao 'A*)including their functions, po!ers and responsi#ilities, personnel, eBuipment, properties,#udgets and lia#ilities are here#y placed under the control and supervision of the

    Autonomous *egional ?overnment.

    In particular, these offices are identified as the four '6) District Engineering Offices 'DEO) ineach of the four provinces respectively and the three '4) Area EBuipment Services 'AES)

    located in 1a!i"1a!i, Sulu and aguindanao 'unicipality of Sultan =udarat).

    SEC. -. /unctions 1ransferred. 1he Autonomous *egional ?overnment shall #e responsi#le forhigh!ays, flood control and !ater resource development systems, and other pu#lic !orks !ithin the

    A* and shall eercise the follo!ing functions@

    &. Hndertake and evaluate the planning, design, construction and !orks supervision for theinfrastructure pro$ects !hose location and impact are confined !ithin the A*

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    -. Hndertake the maintenance of infrastructure facilities !ithin the A* and supervise themaintenance of such local roads and other infrastructure facilities receiving financialassistance from the National ?overnment

    4. Ensure the implementation of la!s, policies, programs, rules and regulations regardinginfrastructure pro$ects as !ell as all pu#lic and private physical structures !ithin the A*

    6. (rovide technical assistance related to their functions to other agencies !ithin the A*,especially the local government units

    7. Coordinate !ith other national and regional government departments, agencies,institutions and organiations, especially the local government units !ithin the A* in theplanning and implementation of infrastructure pro$ects

    ;. Conduct continuing consultations !ith the local communities, take appropriate measuresto make the services of the Autonomous *egional ?overnment responsive to the needs ofthe general pu#lic and recommend such appropriate actions as may #e necessary and

    5. (erform such other related duties and responsi#ilities !ithin the A* as may #eassigned or delegated #y the *egional ?overnor or as may #e provided #y la!. 'Emphasissupplied)

    ore importantly, Congress itself through *.A. 76 transferred and devolved the administrative andfiscal management of pu#lic !orks and funds for pu#lic !orks to the A*?. Section -, Article FI of*.A. 76 provides@

    ARICL" *I

    !" L"GISLAI*" D"PARM"N

    SEC. -. Annual

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    In treading their chosen path of development, the uslims in indanao are to #e givenfreedom and independence !ith minimum interference from the National ?overnment. 1hisnecessarily includes the freedom to decide on, #uild, supervise and maintain the pu#lic!orks and infrastructure pro$ects !ithin the autonomous region. 1he devolution of thepo!ers and functions of the D(23 in the A* and transfer of the administrative and fiscalmanagement of pu#lic !orks and funds to the A*? are meant to #e true, meaningful and

    unfettered. 1his unassaila#le conclusion is grounded on a clear consensus, reached at theConstitutional Commission and ratified #y the entire /ilipino electorate, on the centrality ofdecentraliation of po!er as the appropriate vessel of deliverance for uslim /ilipinos andthe ultimate unity of uslims and Christians in this country.

    2ith *.A. +, ho!ever, this freedom is taken a!ay, and the National ?overnment takescontrol again. 1he hands, once more, of the autonomous peoples are reined in and tied up.

    1he challenged la! creates an office !ith functions and po!ers !hich, #y virtue of E.O. 6-;,have #een previously devolved to the D(23"A*, /irst Engineering District in 0anao delSur.

    E.O. 6-; clearly ordains the transfer of the control and supervision of the offices of theD(23 !ithin the A*, including their functions, po!ers and responsi#ilities, personnel,eBuipment, properties, and #udgets to the A*?. Among its other functions, the D(23"

    A*, under the control of the *egional ?overnment shall #e responsi#le for high!ays,flood control and !ater resource development systems, and other pu#lic !orks !ithin the

    A*. Its scope of po!er includes the planning, design, construction and supervision ofpu#lic !orks. According to *.A. 76, the reach of the *egional ?overnment ena#les it toappropriate, manage and dis#urse all pu#lic !ork funds allocated for the region #y thecentral government.

    1he use of the !ord po!ers in E.O. 6-; manifests an unmistaka#le case of devolution.

    In this regard, it is not amiss to cite Opinion No. &-, S. &&+-of the Secretary of Gustice on!hether the national departments or their counterpart departments in the A*? areresponsi#le for implementation of roads, rural !ater supply, health, education, !omen indevelopment, agricultural etension and !atershed management. *eferring to Section -,

    Article F of *.A. ;546 !hich enumerates the po!ers of the A*?, he states@

    It is clear from the foregoing provision of la! that ecept for the areas of eecutive po!ermentioned therein, all other such areas shall #e eercised #y the Autonomous *egional?overnment 'A*?) of the Autonomous *egion in uslim indanao. It is noted thatprograms relative to infrastructure facilities, health, education, !omen in development,agricultural etension and !atershed management do not fall under any of the eemptedareas listed in the a#oveBuoted provision of la!. 1hus, the inevita#le conclusion is that allthese spheres of eecutive responsi#ility have #een transferred to the A*?.

    *einforcing the a#ovevie! 'sic) are the various eecutive orders issued #y the (residentproviding for the devolution of the po!ers and functions of specified eecutive departmentsof the National ?overnment to the A*?. 1hese are E.O. Nos. 6-7 'Department of 0a#or andEmployment, 0ocal ?overnment, 1ourism, Environment and Natural *esources, Social2elfare and Development and Science and 1echnology), 6-; 'Department of (u#lic 2orksand 3igh!ays), 67 'Department of Education, Culture and Sports) and 6; 'Department of

    Agriculture). 1he eecution of pro$ects on infrastructure, education, !omen, agriculturaletension and !atershed management !ithin the Autonomous *egion of uslim indanao

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    normally fall !ithin the responsi#ility of one of the aforementioned eecutive departments ofthe National ?overnment, #ut #y virtue of the aforestated EOs, such responsi#ility has #eentransferred to the A*?.

    E.O. 6-; !as issued to implement the provisions of the first A* Organic Act, *.A. ;546thevalidity of !hich this Court upheld in the case of A##as v. Commission on Elections.+4In Section 6,

    Article 8FIII of said Act, central government or national government offices and agencies in theautonomous region !hich are not ecluded under Section 4, Article IF+6of this Organic Act, shall #eplaced under the control and supervision of the *egional ?overnment pursuant to a scheduleprescri#ed #y the oversight committee.

    Evidently, the intention is to cede some, if not most, of the po!ers of the national government to theautonomous government in order to effectuate a verita#le autonomy. 1he continued enforcement of*.A. +, therefore, runs afoul of the A* Organic Acts and results in the recall of po!ers !hichhave previously #een handed over. 1his should not #e sanctioned, else!ise the Organic ActsL desirefor greater autonomy for the A* in accordance !ith the Constitution !ould #e Buelled. It #earsstressing that national la!s are su#$ect to the Constitution one of !hose state policies is to ensurethe autonomy of autonomous regions. Section -7, Article II of the &+5 Constitution states@

    Sec. -7. 1he State shall ensure the autonomy of local governments.

    *.A. + has made the D(23"A* effete and rendered regional autonomy illusory !ith respectto infrastructure pro$ects. 1he Congressional *ecord sho!s, on the other hand, that the lack of animplementing and monitoring #ody !ithin the area has hindered the speedy implementation, ofinfrastructure pro$ects.+7Apparently, in the legislatureLs estimation, the eisting D(23"A*engineering districts failed to measure up to the task.

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    1he office created under D.O. &&, having essentially the same po!ers, is a duplication of theD(23"A* /irst Engineering District in 0anao del Sur formed under the aegis of E.O. 6-;. 1hedepartment order, in effect, takes #ack po!ers !hich have #een previously devolved under the saideecutive order. D.O. && runs counter to the provisions of E.O. 6-;. 1he D(23Ls order, like spring!ater, cannot rise higher than its source of po!erthe Eecutive.

    1he fact that the department order !as issued pursuant to E.O. &-6signed and approved #y(resident ABuino in her residual legislative po!ersis of no moment. It is a finely"im#eddedprinciple in statutory construction that a special provision or la! prevails over a general one.0especialis derogant generali. As this Court epressed in the case of 0everia v. Intermediate AppellateCourt,&another #asic principle of statutory construction mandates that general legislation must give!ay to special legislation on the same su#$ect, and generally #e so interpreted as to em#race onlycases in !hich the special provisions are not applica#le, that specific statute prevails over a generalstatute and that !here t!o statutes are of eBual theoretical application to a particular case, the onedesigned therefor specially should prevail.

    E.O. No. &-6, upon !hich D.O. && is #ased, is a general la! reorganiing the inistry of (u#lic2orks and 3igh!ays !hile E.O. 6-; is a special la! transferring the control and supervision of the

    D(23 offices !ithin A* to the Autonomous *egional ?overnment. 1he latter statute specificallyapplies to D(23"A* offices. E.O. &-6 should therefore give !ay to E.O. 6-; in the instant case.

    In any event, the A* Organic Acts and their ratification in a ple#iscite in effect superseded E.O.&-6. In case of an irreconcila#le conflict #et!een t!o la!s of different vintages, the later enactmentprevails #ecause it is the later legislative !ill.-

    /urther, in its repealing clause, *.A. 76 states that all la!s, decrees, orders, rules andregulations, and other issuances or parts thereof, !hich are inconsistent !ith this Organic Act, arehere#y repealed or modified accordingly.42ith the repeal of E.O. &-6 !hich is the #asis of D.O.&&, it necessarily follo!s that D.O. && !as also rendered functus officio #y the A* Organic


    ?rave a#use of discretion

    2ithout dou#t, respondents committed grave a#use of discretion. 1hey implemented *.A. +despite its inoperativeness and repeal. 1hey also put in place and maintained the D(23 ara!iSu#"District Engineering Office in accordance !ith D.O. && !hich has #een rendered functus officio#y the A* Organic Acts.

    Still, on the issue of grave a#use of discretion, this Court, ho!ever, cannot uphold petitionersLargument that *.A. + !as signed into la! under suspicious circumstances to support theassertion that there !as a capricious and !himsical eercise of legislative authority. Once more, thisCourt cannot inBuire into the !isdom, merits, propriety or epediency of the acts of the legislative#ranch.

    0ike!ise, the alleged lack of consultation or pu#lic hearing !ith the affected agency during theinception of the la! does not render the la! infirm. 1his Court holds that the Congress did nottransgress the Constitution nor any statute or 3ouse *ule in failing to invite a resource person fromthe D(23"A* during the Committee meeting. Section -5, *ule FII of the *ules of the3ouse6only reBuires that a !ritten notice #e given to all the mem#ers of a Committee seven '5)calendar days #efore a regularly scheduled meeting, specifying the su#$ect matter of the meetingand the names of the invited resource persons. And it must #e emphasied that the Buestions of !ho

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    to invite and !hether there is a need to invite resource persons during Committee meetings should#e addressed solely to Congress in its plenary legislative po!ers.7


    1he repeal of *.A. + and the functus officio state of D.O. && provide the necessary #asis for the

    grant of the !rits of certiorari and prohi#ition sought #y the petitioners. 3o!ever, there is no similar#asis for the issuance of a !rit of mandamus to compel respondent D

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    SEC. &5. All po!ers, functions, and responsi#ilities not granted #y this Constitution or #y la!to the autonomous regions shall #e vested in the National ?overnment.

    SEC.&+. 1he Congress shall enact an organic act for each autonomous region !ith theassistance and participation of the regional consultative commission composed ofrepresentatives appointed #y the (resident from a list of nominees from multisectoral #odies.

    1he organic act shall define the #asic structure of government for the region consisting of theeecutive department and legislative assem#ly, #oth of !hich shall #e elective andrepresentative of the constituent political units. 1he organic acts shall l ike!ise provide forspecial courts !ith personal, family and property la! $urisdiction consistent !ith theprovisions of the Constitution and national la!s.

    1he creation of autonomous region shall #e effective !hen approved #y a ma$ority of thevotes cast #y the constituent units in a ple#iscite called for the purpose, provided that onlyprovinces, cities, and geographic areas voting favora#ly in such ple#iscite shall #e includedin the autonomous region.

    SEC. &. 1he first Congress elected under this Constitution shall, !ithin eighteen months

    from the time of organiation of #oth 3ouses, pass the organic acts for the autonomousregions in uslim indanao and the Cordilleras.

    SEC. -. 2ithin its territorial $urisdiction and su#$ect to the provisions of this Constitution andnational la!s, the organic act of autonomous regions shall provide for legislative po!ersover@

    '&) Administrative organiation

    '-) Creation of sources of revenues

    '4) Ancestral domain and natural resources

    '6) (ersonal, family, and property relations

    '7) *egional ur#an and rural planning development

    ';) Economic, social, and tourism development

    '5) Educational policies

    '+) (reservation and development of the cultural heritage and

    ') Such other matters as may #e authoried #y la! for the promotion of general

    !elfare of the people of the region.

    SEC. -&. 1he preservation of peace and order !ithin the regions shall #e the responsi#ility ofthe local police agencies !hich shall #e organied, maintained, supervised, and utilied inaccordance !ith applica#le la!s. 1he defense and security of the regions shall #e theresponsi#ility of the National ?overnment.

    ;(ar. '-), Sec. &, *.A. ;546.

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    5Chiong#ian v. Or#os, 4&7 (hil. -7&, -75 '&7).


    A*1IC0E F(O2E*S O/ ?OFE*NEN1

    SEC1ION &. 1he *egional ?overnment shall eercise po!ers and functionsnecessary for the proper governance and development of all the constituent units!ithin the Autonomous *egion consistent !ith the constitutional policy on regionaland local autonomy and decentraliation@ (rovided, 1hat nothing herein shallauthorie the diminution of the po!ers and functions already en$oyed #y localgovernment units.

    SEC. -. 1he Autonomous *egion is a corporate entity !ith $urisdiction in all mattersdevolved to it #y the Constitution and this Organic Act as herein enumerated@

    '&) Administrative organiation

    '-) Creation of sources of revenues

    '4) Ancestral domain and natural resources

    '6) (ersonal, family and property relations

    '7) *egional ur#an and rural planning development

    ';) Economic, social, and tourism development

    '5) Educational policies

    '+) (reservation and development of the cultural heritage

    ') (o!ers, functions and responsi#ilities no! #eing eercised #y thedepartments of the National ?overnment ecept

    'a) /oreign affairs

    '#) National defense and security

    'c) (ostal service

    'd) Coinage, and fiscal and monetary policies

    'e) Administration of $ustice

    'f) Quarantine

    'g) Customs and tariff

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    'h) Citienship

    'i) Naturaliation, immigration and deportation

    '$) ?eneral auditing, civil service and elections

    'k) /oreign trade

    'l) aritime, land and air transportation and communications thataffect areas outside the Autonomous *egion and

    'm) (atents, trademarks, tradenames, and copyrights and

    '&) Such other matters as may #e authoried

    #y la! for the promotion of the general !elfare of the people of the *egion.

    A*1IC0E 8IIH*

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    SEC. &. 1he National ?overnment shall, in addition to its regular annual allotment tothe Autonomous *egion, provide the *egional ?overnment 1!o #illion pesos'(-,,,.) as annual assistance for five '7) years, to fund infrastructurepro$ects duly identified, endorsed and approved #y the *egional (lanning and


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    5. (erform such other related duties and responsi#ilities !ithin the A* as may #eassigned or delegated #y the *egional ?overnor or as may #e provided #y la!.

    SEC. 4. /unctions *etained #y the National ?overnment. /unctions not specified hereinshall #e retained #y the D(23. 1hese include, among others, the reserved po!ers of theNational ?overnment in accordance !ith Article F, Section -, as !ell as those su#$ect to

    specific provisions, of *epu#lic Act No. ;546 (rovided, 1hat, the D(23 and theAutonomous *egional ?overnment may enter into a emorandum of Agreement !ithreference to operationaliing these functions !ithin the A* su#$ect to the approval of theOffice of the (resident (rovided, ho!ever, 1hat the operations of the National ?overnmentare not pre$udiced.

    &. 1iBuia, AH1ONOJ@ A 3IS1O*ICA0 E8(E*IEN1, Congressional *esearch and1raining Service &7 '&&).


    A*1IC0E IF

    (O2E*S O/ ?OFE*NEN1

    SEC. &. (o!ers and /unctions. P Su#$ect to the provisions of the Constitution, the*egional ?overnment shall eercise those po!ers and functions epressly grantedto it in this Organic Act, or necessary for or incidental to the proper governance anddevelopment of all the constituent units !ithin the autonomous region consistent !iththe policy on regional and local autonomy and decentraliation.

    1he *egional ?overnment may enact its o!n regional administrative code andregional local government code consistent !ith the Constitution. 1he po!ers andfunctions already vested upon and the shares of the national taes provided #y*epu#lic Act No. 5&;, the 0ocal ?overnment Code of &&, to provinces, cities,

    municipalities, and #arangay in the autonomous region shall not #e reduced.

    SEC. -. Corporate Entity. P 1he autonomous region is a corporate entity !ith$urisdiction over all matters devolved to it #y the Constitution and this Organic Act.

    SEC. 4. Scope of *egional Assem#ly 0egislative (o!er Eceptions. P 1he *egionalAssem#ly may eercise legislative po!er in the autonomous region for the #enefit ofthe people and for the development of the region ecept on the follo!ing matters@

    'a) /oreign affairs

    '#) National defense and security

    'c) (ostal service

    'd) Coinage and fiscal and monetary policies

    'e) Administration of $ustice It may, ho!ever, legislate on matters covered #ythe ShariLah. 1he ShariLah shall apply only to uslims. Its application shall #elimited #y pertinent constitutional provisions, particularly #y the prohi#itionagainst cruel and unusual punishment and #y pertinent national legislation

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    that promotes human rights and the universally accepted legal principles andprecepts

    'f) Quarantine

    'g) Customs and tariff

    'h) Citienship

    'i) Naturaliation, immigration and deportation

    '$) ?eneral auditing

    'k) National Elections

    'l) aritime, land, air transportation, and communications 1he autonomousgovernment shall, ho!ever, have the po!er to grant franchises, licenses andpermits to land, sea and air transportation plying routes in the provinces orcities !ithin the region, and communications facilities !here freBuencies areconfined to and !hose main offices are located !ithin the autonomousregion

    'm) (atents, trademarks, trade names, and copyrights, and

    'n) /oreign trade.


    A*1IC0E FI13E 0E?IS0A1IFE DE(A*1EN1


    SEC. -. Annual

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    SEC1ION &. Hr#an and *ural Development. P 1he *egional ?overnment shallpromote and formulate comprehensive and integrated regional ur#an and ruraldevelopment policies, plans, programs, and pro$ects responsive to the needs,aspirations, and values of the people in the autonomous region.


    SEC. &&. Annual Assistance." In addition to the regular annual allotment to fund theregular operations of the *egional ?overnment, such amounts as may #e needed tofund the infrastructure pro$ects duly identified, endorsed, and approved #y the*egional Economic and Development (lanning