Professional Documents
Culture Documents
FACTS:
Lanao Del Sur, Maguindanao, Sulu, and Tawi-Tawi were the provinces that voted
affirmatively for the establishment of the autonomous region, forming the ARMM as
specified in R.A. 6734.
Regarding the provinces that did not choose to join ARMM, R.A. 6724 stated that
they would remain in their current administrative regions. Nevertheless, it also granted
the President the authority, through administrative determination, to merge these
existing regions.
Acting on this authority, then-President Aquino issued Executive Order No. 429,
titled "PROVIDING FOR THE REORGANIZATION OF THE ARMM." This EO entailed
relocating provinces that did not opt to join ARMM to a different region.
They also contended that the authority to "merge" granted in R.A. 6724 does not
inherently encompass the power to "reorganize," even if it does not impact the
allocation of congressional representatives.
Lastly, they asserted that Article XIX Section 13 of R.A. 6724 is unconstitutional,
as it constitutes an improper delegation of power from the legislature to the President,
and the granted authority is not expressly mentioned in the law's title.
ISSUE:
Whether Sec. 13 of Article XIX of R.A. 724 is invalid.
HELD:
Selecting the President as the delegate for this administrative function is logical,
as the regional division of the country serves not only to manage local governments but
also to coordinate executive departments, as mandated by law to have regional offices.
While the Constitution doesn't explicitly outline the power to merge administrative
regions, it is a authority traditionally vested in the President to facilitate the exercise of
general supervision over local governments.
It's crucial to note that these regions don't constitute territorial and political
divisions like provinces, cities, municipalities, and barangays. Instead, they are
groupings of adjacent provinces established for administrative convenience. The
authority granted to the President is akin to the power to adjust municipal boundaries,
classified as an administrative function.