ArricLe X Loca GoveRNMENT General Provisions ‘Secron 1. Te TERRITORIAL AND POLE SUNINNIONS ‘0 sme REPUBLIC OF tt PLPPINKS Ax THE ROMS CES, MUNCRALIES, 4ND HARANGAYS. THERE SIAL. mE AUTONOMOUS tecrone 1 Mesut Mispaso ax Tam CORNEAS 36 1. Units of local goverment. has been described 3s i "Ina unary system of government, such asthe ‘government under the Philippine Constitution, load government can ‘only bean infa-soveregn sbivision of one sovereign nation. It ean- atonomous r dition to these, Aeticle XVIM, Section 9 also recognizes the existence of sub-provinces which, however, may eventually be either converted Bl oA nso vas 5a. : seman try et re pn is aghast ‘ph opm sn res ef. aN to provinces of reverted to the masher province” Both from the lan {guage of Section 1 and from the context of Pilipine legal history. fs evident tat Section 1 does not create these political subdivisions os legal concepts or as operative institutions. Provinces, cities, municipal ties, and barangays were in existence as statutory creations when the ‘countorpartof Section 1 inthe 1973 Constitution was passed, although lnder the original 1973 document barangays were called barrios." As to the “autonomous regions,” they do not come into existence unt h conditions of Section 18 are fulfilled. The existence of “provinces” am “anunicipalities” was already acknowledged inthe 1935 Constitution Section I, however when first enacted in 1973, went step further than ‘mere acknowledgment of their existence and recognized them together ‘with ities and barrios as “(he testrial and politcal subdivisions of the Philipines.” Thus, the constitutional significance of Section I is that province, cites, manicipaites, and batios (now barangays) have ‘bed fixed asthe standard territorial and political subdivisions of the Philippines. To these the 1987 Constitution has added the “autonomous ‘repions.” But the Constitution allows only «wo sch regions: one for the Condilleas and one for Muslim Mindanao. The creation of other ‘aulonomous regions, whether by dividing the Cordillers or Muslin “Mindanao into two or by reatng thers ouside these two regions ‘be accomplished only by constitutional amendment As of this writin ‘in 2008, the only autonomous region that has been created is the Aw tonomous Region of Muslim Mindanao, ‘This manner of subdividing the Philippines into the various pli: ‘al subdivisions cannot go out of existence except by a consitutional amendment. In other words, although Philipine public law is hei the American principles tha the righ o loca self-government is nota inherent right and that the power conferred upon & municipal corpora ion cannot become a vested right as agains the state, under Section 1 tho right of autonomous regions, provinces, cites, municipalities ant barangays 10 exist asthe political and teritoral subdivisions ofthe sate ‘sno longer usta stautory right bat a constitutional ht,Neither Section 1, however, nor any part ofthe Constitution pre seibes the actual form and structure which individual local government ‘units must take. These are lft by Sections 3,18, and 20 to legislation As constitutional concept, therefore, they are very general. An auton= ‘omous region isa body corporate consisting of provines, cities and ‘municipalities. A province is a politcal and tertril body comporate consisting of several municipalities and cities. ites and municipalities ae politcal and teritorial Bodies corporate composed of barrios and ae subordinate to a province. Highly urbanized cities, however, can be ‘made independent of a province." ‘A barangay. finally isthe basic political and territorial self-gov- ‘eming boxy corporate and is subordinate o the municipality or city of ‘which forms a part In spite ofthe association ofthe term withthe a- tocratic rule of Mr. Marcos the 1986 Constitutional Commission chose to retain it because of (I it historical significance in Asian history, 2) existing laws which use the teem, and (3) contemporary references tit in political news reports.” ‘The designation by the 1973 Constitution of provinces, iis, mau- nicipalies and barangays asthe political and tesitral subdivisions ‘of the Philippines effected a measure of institutional stability, To this exten, it was a move inthe direction of real local autonomy. The 1987 Constitution moved farther forward by authorizing the creation of au- tonomous regions. These are the passive aspects of local autonomy. The <éynamic and more important aspect of local autonomy must be mea- sured in terms ofthe scope ofthe pawers given othe lca units Soc. 2 Toe TERRITORIAL AND ROLINCALSCROVIONS SAL, 1. Local autonomy. ‘The purpose of Section 2st give the assurance tat local auton ‘omy will not be only for Muslim Mindanao and the Coders bu for all local units. Local autonomy means more than just decentralization ‘Thee i acetalization of aministion when the cna ‘rovernment delegates administrative powers to pola sv ‘Sons inorder to broaden the base of goverment power nd in the ‘oes io mk local goserment "more responsive and aceon ble and “ensue char fullest dvelopent a sll ein cor ‘muniies and make them more efecvepartor inthe pus of ‘ational development and social progres At the same tine. it relieves the cena goverament of the burden of managing, ol sii ad enbls ito concentrate on national concer Decentaliaton of power on the ote ang, involves an atication of political power in favor of local government wits ela to be autonomous. In hat case the autonomous gover ‘ment set chart its own desiny and she is ature with mit ‘mum nervesion from cenual government auborts. Aceon ‘o/s constittona author, deccatalzaton of power amounts 10 ‘seltimolation, sce in hat event the atonomess govern tecomes accountable no othe central authories bu to con sbiteney" But the concept of autonomy is relative. Autonony for local pov ‘rmments in general willbe less thn for the autonomous regions. ‘The meaning of local autonomy for local government une the 1987 Constitution, however, was effectively thrown down to the kvel ‘of autonomy under the 1935 Constitution by Magtajas ¥. Prive Proper ries. In Magiajas, the government of Cagayan de Oro City contended that, under is authority o prohibit gambling, the city could prevent the Philipine Games and Amusement Board (PAGCOR) from operating. ‘casino in the city. PAGCOR, however had authority under PD. No. 1869 co centralize and regulate all games of chance under the tevitorial {ursdcton of tho Philippines tn ruling that Cagayan de Oxo Cit ell, ‘ot curtail PAGCOR's authority the Court inno uncertain erm si" ‘The rationale ofthe requirement thatthe ordinances shou ot contravene asus avis, Municipal government ate ‘nly agents ofthe atonal povemment. Laval counelsexerce‘nly delegated legislative powers confered on tbem by Congress 8 the national waking body. The delegate cannot be superior {0 the pica or exerie powers higher than those ofthe late Wis heer o suggest thatthe local government units cen undo the sts of Congres, rom which hey hve derived ther power in ‘he fist place and negate by mere ordinance the mandate ofthe Municipal corporations owe her orgin to, and d= rive det powers and rights wholly from the leit. It ‘breathes into them the beat fie, without which ey can otexist. As iets, itmay desir. As itmay dest, it ‘nay abridge and conta, Unies there some constiational Timitation on th ight the eile might, by x single act, and if we can supose it capable of so great fll and so festa weons, seep from existence al ofthe mincipal Eexporatons inthe tt, and the corporation coud 90 pe ‘et it, We know of limitation onthe right 50 far as 10 the corporation themselves ae concer. They ae, $019 Phase the mere enn a wll of the gilt." ‘This hai lationship between the mation legitre and ‘he local government units hs nt been ened bythe new ‘provisions inthe Contition strengthening the policy of load Sutonomy. Without mesnng to detract frm tat policy, we bese ‘conf that Congres tain contol ofthe ll goverment nis although in ignicany reduced degree now tan unde our pe- ‘us Contains. The power to crete ll nls the power to estoy. The power to grant sil cludes he power to withhold or recall. Truc there are cerain notable inovatios in the Constita- on, like the direct conferment onthe cal goverament nits of the power to tax, which cannot aow be withdrawn by mere sate By and age, homever, the national gilt sil the inci ofthe eat government unis, which cant defy ts wil or mosty ‘oro ‘The Magiajas ase offered the Cour the opportunity to delve more {eeply into the national policy implications of local autonomy as a.con- stitutonal principle especialy since the national law at stake was not really an act ofa collegiate legislature but of one man at atime when the totality of legislative power was concentrated in his hands. But the Cour prefered to take the easy route of ling back on American juris prudence. similar conclusion was reached in Lina, Jr. Pao, which involved an attempt by the provincial goverment to prohibit oto While indeed the Constitution has expanded the autonomy of Io ‘al government, they have not been thereby made imperium in impe rio. Congress may sill impose limits on their powers. Thus they may not violate the statutory limits on the numberof cockpits ina locality Nor do they have authority to grant franchise to operators of CATV systems." However, the Commission on Audit may not reduce the allowance _iven to judges by local governments. The Local Government Code authorizes local goveraments to give allowance to judges and decide how much this shouldbe." ‘An earlier ease, San Juan ¥ Civil Service Commission was more ‘cognizant of foal autonomy. In San Juan the Cour said ‘The exercise by lea goverment of meaningfl powe bas teen amatonal goal snc the tm ofthe century. Ad ye, in ite ‘of constitutional provisions ands, asin this case, legislation man- ating greater autonomy for local oficial ational fies cannot ‘Seem to et goof centralized powers. They deny or water down what itl prams of autonomy hive so fr ben given © municipal coporatins A issue in San Juan was the authority 1 appoint a Provincia Budget Officer (PBO). By Executive Order No 112 the authority haa ‘been given tothe Secretary of Budget Management “upon recommen dation of the local executive concemed.” The person recommended by the Provincial Governor, however did not possess the necessary quali ‘cations. Hence, the Budget Secretary appointed somebody ese of ‘own choice. In reversing the Budget Secretary's decision, the Court ‘ruled thai he recommendee of the local executive is not qualified, the ita» COA Ne 1880 Det 8 3 Tas NS‘Sceretary must ask for new recommendees withthe necessary eligibil- ity: Moreover, San Juan was aware tat there ae factors about life in ‘Toca community about which the central government isnot the best {ndge. The Cour said* ‘The PBO is expected to synchronize his work with DBM. ‘More impornt, however, the proper admininration of scl a= fair tthe lea eel. Provincial sb municipal bets are pe- od atthe lel level and fer completion are ferwand the tional oficial for ovew. They ace prepared hy the lel ial who mast work within the consuls of thse badges. They ‘ue not formulated in the ine sanctum ofa all owing DBM ‘and unilaterally imposed oa local goverment whether or ot hey ae rlevat to local neds and resources It Tor this reson tht ‘here should bea genuine ioterply, balancing of viewpoints, and ‘hmenizaton of proposals from both he local and natin of Ais is for this easn thatthe aomiaton snd appointment proces involves shiringof power between theo leves of gov Concluding, the Court said “Our national officials should not ‘only comply withthe constitutional provisions on local autonomy but should also appreciate the spirit of liberty upon which these provisions are based.” ‘More recently, in Laguna Lake Development Authority ¥. Court of Appeals" the Supreme Court denied to the municipalities around [Laguna Lake the power to authorite the constuction or dismantling of Aishpens, sh enclosures, fish corals and the like in Laguna Lake. The municipalities claimed the authority under general provisions of the 1991 Local Government Code. specifically Section 149. The Laguna Lake Development Authority (LDA), however, claimed power under Republic Act No. 4850 as amended by Presidential Decree No, 813. ‘Applying principles of statutory construction, the Court rled thatthe specifi power ofthe LLDA mast prevail over the general power of lo cal governments. Moreover, the Court pointed ou thatthe power given by the Local Government Code to local governments was a revenic generating power and not a regulatory power. Hence, the Court, while Pelz was silent sbout division, merge, and dissolution of raunicipal corporations. But since division in effect creates # new municipality ‘and bot dissolution and merger in effect abolish a legal creation itmay faily be inferred that these ats are also legislative in nature» Section 10, which isa legacy from the 1973 Constitution, goes further than the doctrine inthe Pelaez ease It nt only males creation, division, merger, abolition or substantial alteration of boundaries of provinces, cities, municipalities and barangays subject to “criteria es- {ablished in the local government code,” thereby declaring these ac- tions property legislative, but it also makes creation, division, merge, abolition or substantial alteration of boundaries “subjet to approval bY ‘majority ofthe vote cast in a plebiscite in the politcal units directlyfected." Tan v, COMELEC” explained the scope ofthe required ple Seite to mean that, what is involved isa barangay the plebiscite should be municipality- wide or cty-wide, and if municjpality or component ‘ity, province-wide; and that if portion ofa province ist be carved to form another province, the plebiscite should include the mother prov ince. This agai isa step in the direction of fllrloeal autonomy anda consequent diminution ofthe legislature's power of contol ‘The iit step in the creation of local units, however, belongs to Congress. Moreover, the legislative bodies of Autonomous Regions do ‘not have the authority to create a province. This is because the reation ‘of province necessarily involves the creation of legislative district and only Congress can create legislative district.” ‘Aso the creation of cites, League of Cites v. COMELEC;” raed that Congress mus follow the criteria established inthe Local Gov fexnment Code and not in any ther law. This decision resulted in mul- lifleation ofthe eestion of ssten cites where Congress used criteria Afferent from those in the Local government Code See. ML, Te Conese MAY, AY La, CREATE SecA {ser ron Secrion 10 expo Tite COMPONENE CS AND ASSEANLES. THE JURISDICTION OF HE METROPOLITAN AUTHORITY ‘vuttne cooearsxion. 1. Metropolitan politial subalivsions. Section 11 suithories Congrest to create metropolitan political subdivisions, The area of jrsdietion of such subdivisions snot the to- {abty ofthe concerns of municipal government but only basic services. ‘As such it wl be juridical entity wth municipal powers, police, emi- Sienna moran gece ‘ent domain, and taxation powers exercised by legislative assembly ‘put oly tothe extent needed for providing basic services. Congress supplies the details. The cities and municipalities which compose such fulbivisions retain their basic autonomy and their own Teisatve and executive powers Prior tothe passage of this provision, the Metropolitan Ma [Authority was in existence and had broad municipal powers. The new ‘Constitution put an end to such broad powers especially after the ms nicipal officials ofthe cites and municipalities within Mewopolitan ‘Manila wete elected by authority of Article XVII, Setion 1. However, {monde to rescue the basic services functions ofthe Metropolitan Ma nila Authority, Article XVII, Section 8 sai: “Until otherwise provided hy the Congress, the President may constitute the Metropolitan Autor ity tobe composed ofthe heads of al local government units compris ing the Metropolitan Manila area.” ‘Today what is the status ofthe Metopottan Manila Development ‘Authority Asa body, itis composed of several local goverment units — a, twelve (12) ites and five (5) municipalities, namely, the eit ies of Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quez00, “Muntinlupa, Las Pas, Marikina, Parafaque and Valenzuela, andthe ‘municipalities of Malabon, Navotas,Pateros, San Juan ad Taguig. With the passage of Republic Act R.A.) No. 7924 in 1995, Metropolitan Ma nila was declared a a “special development and administrative region” ‘with authority to render basic services "mtro-wide.” Seven basie se ‘es are enumerated by the law: (1) development planning; (2) rans portand traffic management; (3) solid waste disposal and management (4) flood contol and sewerage management (5) urban renewal, zoning, fan land use planning, and shelter services; (6) heath and sanitation, turban protection and pollution contol; nd (7) public safey. In MMDA ‘Bel-Air Village,” the Court was careful t point out thatthe powers piven by R.A. No, 7924 were limited to “formulation, coordination, ‘eulation, implementation, preparation, management, monitoring, st ting of policies, and instillation o a system of administration.” The law ‘ontans no gran of general police powers nor legislative power. Met? Manila Development Authority, therefore, is nota resurrection ofthe -Metiopottan Manila Authority under the previous Constitution. Ths itwas that, when MMA, attempted to compe Bel-Air Village to open to the publi Jupiter Sweet, which the Village owned, the Court rled that, [MMDA was not a manicipal government endowed with police power, nor of eminent domain power, and was therefore without authority to ‘order the Village to yield its property for general public use. ‘The MMDA thus isnot the metropolitan political unit conten plated in Section 11. Rather tis an administrative agency of the gov temment and as such it des not possess police power, It may exercise ‘only such powers as are given to thy law. Hence, where there i ata fc aw or regulation valily enacted bythe legislature or those agencies to whom leisative powers have been delegated (the City of Manila in this case) empowering the MMDA to confiscate or suspend licenses of ering drivers, it may perform such acts. Without such law, however, the MMDA bas no such power" See. 12.Chnes HAF ARE MIHY URRANDED, AS DERERONED [mE ROERNDENT OF THE PROVINCE. THR VOTERS OF COMPONENT {mi WIOKIN 4 PROVINCE, WHOSE CHARTERS CONTA ND SUCH 1. Classification of cities. Section 12 classifies cites ito thre kinds: (1) highly urbanized ities as determined by law, (2) cites not raised othe highly urbanized ‘tegory but whose existing charters probit thee voters from voting ia provincial elections, and (3) component cities. cities which sil are nde a province in some way. Sines the fist and second categories do not vote in provincial elections, they are independent ofthe province Since they are independent of the province, residents of such office ae not qualified to run fr provincial postions * But since those inthe tht ‘category are under a province, they cannot be denied a vote inthe elec tion of provincial oficial. ‘The socond category is envisioned as an a-hoe category to take ‘care of existing charters; but these cities can become ether “highly branized”,or they may be demoted to component cites qualified to vote in provincial elections. The second category therefore may eventually disappear altogether. Moreover, changes in the conditions of highly ‘urbanized cites may necessitate their demotion to a lower caeyo Conversely, component cites might rise tothe level of highly urban ied cites” ‘Ste. 13. Locat GOVERNMENT UNTS MAY OROUF THESES, [CONSOLIDATE OR COORDINATE. THER EFFORTS SENVICS, AND ‘Common efforts, services, and resources. Section 13 authorizes local government units to “groep them selves, consolidate or coordinate thei efforts, services, and resources for purposes commonly beneficial to them in accordance with Iw." Itis important to note that the authority to decide whether to enter into grup cffors with loal government units is given to the units themselves, ‘This is another guarantee of local autonoany. Moreover, the consid tion contemplate is merely in “their efforts, services, and resoures. and not in their corporate personality This is therefore isinet from the subject of Section 12 and is useful for local units which have nt ‘been formed ito a special metropolitan subdivision. The resulta con solidaton would not be a new corporate body. Te creation of export bodies is an essentially legislative funtion and the language of Se 13 des not end itself othe interpretation that its a constitational de zation of authority to reat a super-municipal eorporation merely by ‘agreement among separate corporations, Sec. 14. Tie Pesinoer silt movie HoH RACIAL1. Regional development councils. ‘The purpose of his provision is to foster administrative decentral ization a complement to political decentralization. This is meant 0 allow boto-to-top planning rather than the reverse, twill be noted thatthe power to form these development councils is given to the President. He does not need to wait for authorization from Congress Autonomous Regions Sec, 15, Theme sts mr CREATED AUTONOMOES REINS 1 Mestin’ Mipanso AX 16 ta COMLLERAS CONSISTING OF ‘MovINeS, CES, MUNKPALIES, AND CEDCRAPIICAL AREAS Cuanactenstics WIRD THE FROEWORE OF THs CoNSTTUTION ‘or rm: Revunc ore PMLTPINES. 1. Why and how many autonomous regions? Section 15 says that the autonomous regions shall consist of “provinces, cites, municipalities, and geographic areas sharing com mon and distinctive historical and cultural heritage, economic and so- cial stuctres and other relevant characteristics within the framework” ‘of one sovereign nation, The understanding is that there are such prov- inces, cies, municipalities, and geographic areas in Mindanao (the “Muslim part of Mindanao) and inthe Conillras, but that between the ‘areas of Muslim Mindanao and ofthe Cordillera there i more or less homogencous culture. Thus, only the Cordlleras in the extreme North and Muslim Mindanao in the South are given the distinctive privilege of forming autonomous regions. To the question whether Congress could ‘reate autonomous regions ther than for Mindango and the Cord leras, the clear and eatogoical answer was that any other area which ‘wishes to become an autonomous region “should seek a constitutional amendment atmo Re ‘Forming autonomous regions isin fact more than just a ques tion of privilege for these two regions. It is» question of right. One of the riches of the Filipino nation isthe diversity of cukures found init ‘These diverse cultures as a matter of right, must be allowed to flourish, No one culture shouldbe allowed to erush any other, Thus, the basis {or the establishment of auxonomous regions i diversi of cultures and not just geographic acident. Any movement towards autonomy which, jis not based on identity of culture (such as Minsupaa seemed to be) sof suspicious motivation. Autonomy based on geographic consider: ations can be inspired by motivations no less ignoble than what inspires serrymandering!”| ‘The phrase “Muslim Mindanao” oecasioned some dispute. Com missioner de Castro argued that the expression could be construed to ‘mean that all of Mindanao was Muslin, contrary tothe fact that Mus lims are not found insubstantial areas of Mndano. But Muslim Com missioners Abubakar and Alonto answered that the phrase precisely was limitve and meant only those areas of Mindanao which were predomi nantly Muslim." Thus the phrase Muslim Mindanao issu in much the ‘sume way thatthe phrase Christin Philipines does no suggest that all ‘ofthe inhabitants ofthe Philippines are Christian, ‘The creation ofthe autonomous regions, however, doesnot mean the establishment of sovereignties distinct from that of the Republic ‘These autonomous regions can be established only “within the Trane ‘work of this Constitution and the national sovereignty as well a eit rial integrity ofthe Republic ofthe Philippines."" Ste. 16. Te Presneer suits. sXeRCE GENERAL SUE 1, The President and autonomous regions. The power ofthe President over autonomous regions is the same a5 his power over local governments — only one of “general super ‘sion, that is, the power to ensure that subordinate officers executeand act within exstng laws. The Commission deliberately dropped the phrase “as may be provided by law” in order to deny to Congress the ‘authority to expand the nature of the power ofthe President over au- tonomous regions beyond general supervision. In effec, therefore, and inthe spirit of greater autonomy, the provision also curls the power of Congress over autonomous regions * ‘S817, ALL rons, FUNCTIONS, AND RESFONSILTES NOT Ccxasre ay Tne ConsreemoN Ok HY LAW TO TH AUYONOMOS ocho salt we steD 1 THE Niiowa. Govan ‘Sec, 18, Th Cosonss suai snACr aX Oncanc Acr row ‘nenisesraivis sevotreD ey ie Pest HROMC A LIS? OF ‘ones on MUEMSPCTORAL BOOS. Tae Oncuae ACE SHALL ‘or rm conser routs UNE. Tae Okabe ACT SHALL ‘as ConsrTeON AND NATIONAL LN. ‘Tue cwss10% oF a AvTONONOLS RECION SHALL me ‘Ste 19. To inst Conon scram ws rs Cons ‘orcanaaron oF bot Hows, mss te One ACTS FOR THE ttononace ecto txMesta Miso ax it ComDLLERAS 41, Enactment of Organic Acts and ereation of autonomous regions. Sections 17,18, and 20 set oven the delineation ofthe powers of the autonomous regions and the process of establishing these regions [A cardinal principle enunciated in Setion 17 i that these autonoments ‘Aucaomous Rego regions are local units which are given “enumerated powers.” Powers not included inthe enumeration and not impli in those enumerated remain vested inthe national government. The subject aver which the ‘autonomous regions may have authority ae enumerated in Sections 18 ‘nd 20. Notably not included inthe enumeration are powers over: na tional defense and security, foreign relations and foreign trade, customs and taf, quarantine, curency, monetary aur, foreign exchange, banking and quasi-banking, extemal borrowings, posts and commun cations, air ad sea transport, immigration and deportation, citizenship ‘and naturalization and general auditing." ‘Asa preliminary step towards the establishment ofthe auton ‘mous regions, Congress is commanded to formulate an Organic Act {or each ofthe tvo. In the formulation of the Organi Acts, Congress is to be assisted by “repional consultative commisson(s} composed of representatives appointed by the President froma list of nominees from ‘multi-sectoral bodies” ofthe region affected, The clear intention was ‘o give participation wo the regions from the very beginning through consultative commissions. But how will the commission be created? ‘The nial draft did not cll for the eeation of any particular body bout merely provided thatthe elective officials of the region would be ‘consulted. Later, however, Commissioner Ople moved that a “regional ‘constitutional commission” be created to draft an organic act for pre ‘sentation to Congress. Tis was abandoned as too cumbersome and the Commission settled for the “regional consultative commission com- posed of representatives to be appointed by the President froma ist of ‘nominees fom multi-sectoral baies."* Section 19 commands Congress, withthe assistance and participa tion ofthe regional consultative commissions to pas the Organic Acts “within eighteen months from the time of is} organization.” Congress is deemed organized upon the election of it oficers and the forma tion of the different committees. The relatively short period of eighteen ‘months was deemed! sufficient and was meant to emphasize the urgency ‘of creating the autonomous regions a8 a means towards solving existn serious peace and onder problems and foreclosing secessionist move:The approval of the Organic Act doesnot yet create the autono- ‘mous region. The creation of the autonomous regions takes place only ‘when the Organic Aet is rated “by majority ofthe votes cast by the constituent units in a plebiscite called fr the purpose" But since the affected regions mst have partipation inthe formation of the Organic ‘Acts, it becomes necessary to make a preliminary administrative deter- mination of what areas wil frm the region. Representatives appointed by the President from these preliminary determined areas will form the regional consultative council. These representatives will have an influence not only onthe determination ofthe structure and powers of the autonomous regions but also inthe determination of the tertories ‘which the Organie Act will cover, although the teritoil determination doesnot become final ntl atid in a plebiscite. “The Organic Ac contains the structure of government forthe au- tonomous region and the powers ofthe autonomous region. But its ef- fectvity as an instrument creating the autonomous region doesnot take place unt tis ratified ina plebiscite. Tus, by a single plebiscite the ‘autonomous region is created and at the same time the boundates are Set because “only provinces, cies, and geographic areas voting favor- ably in such plebiscite shal be included in the autonomous region.” The decision to have only a single plebisit was arved at by the approval ‘of an amendment proposed by Commissioner Azcuna which added to the second paragraph of Section 18 the proviso which allows provinces, cities and geographic area to include or exclude themselves from the sutonomots region." “The Organi Act itself will in legal category be & statute” How ‘eve. itis more than an ordinary statute cause it enjoys affirmation by & plebiscite, Hence its provisions cannot be amended by an ordinary statue. An ondinary statute, whether general or special, cannot amend ‘any provision ofthe organic ae. Is reation or amendment can only be through a plebiscite called fr the purpose "Ths, infact, i afiemed by Section 3 of Article XVIII ofthe Organic Act of 1989 forthe Autono- ‘mous Region of Muslim Mindanao. Which says: Any amendment to or revision of his Organic Act shall ‘come elective only when approved by a majonty of the vee ‘Avec Rezens ‘asin plebiscite called forthe prpos, which sl beheld not ‘lita sixty (0) ays orate than ninety (90) day afer the {approval of uch ancndmeat revision. But matters not covered by the Organic Act are governed by ths provisions ofthe Revised Administrative Code." These mates ar: (3) ‘oreign affairs; (b) national defense; (c) postal service; (2) coinage ant fiscal and monetary policies: (e) administration of justice; (P) quaran tine; (g) customs and taf (citizenship; () naturalization, migra tion and deportation; () general auditing, civil service, elections: (k) oreign ado; (1) maritime, land and aie transportation and communi ‘ions affecting areas outside of the ARMM; (m) patents, trademarks, tradenames, and copyrights ‘Should the plebiscite, however, be local ora national plebiscite? 1 il be recalled that, in Tan v. COMELEC:" the Supreme Court ex plained that, if what is involved isthe ereation ofa arangay, the plebi ‘cite should he munieipality-wide o city-wide, and fa municipality or component city, provinee-wide; and that ia portion ofa province is be carved to form another province the plebiscite should include the ‘mother province. If, however, provinces and ities and municipalities fre to form an autonomous region whichis a lol goverment vit should the plebiscite be nation-wide since the creation ofthe auton ‘mous region will hve an effect onthe entre nation? In ansver 0 this ‘question the Committee on Local Government deliberately departed! {rom the implications of Tan v. COMELEC and suid that the plebiscite ‘would only be within th rgion affected” CConeretely, therefore, inthe process of determining the terivory that will comprise the autonomous region, there are three saps. First there isa preliminary administrative determination of what areas soul be considered for inclusion in the autonomous region. This is neces sary for purposes of determining the composition of th regional con sullative council. Second, Congress through the Organic Act makes & ‘termination of what areas might be inluded and therefore sou participate inthe plebiscite tn this te ‘ep can already be excluded. Finally, the plebiscite somie areas included in he tis an further iy