Chiongbian V. Orbos G.R. No. 96754 June 22, 1995 Facts
Chiongbian V. Orbos G.R. No. 96754 June 22, 1995 Facts
Chiongbian V. Orbos G.R. No. 96754 June 22, 1995 Facts
ORBOS
G.R. No. 96754 June 22, 1995
FACTS:
Pursuant to Article X, Section 18 of the 1987 Constitution, Congress passed R.A. 6734 (Organic
Act for the Autonomous Region in Muslim Mindanao). On November 16, 1989, in the plebiscite held,
four provinces (Lanao del Sur, Maguindanao, Sulu, and Tawi-tawi) voted in favor of creating an
autonomous region which became ARMM. With respect to provinces and cities not voting in favor of the
Autonomous Region, Article XIX, Section 13 of R.A. 6734 states that they shall remain in the existing
administrative regions provided however, that the President may, by administrative determination,
merge the existing regions.
Executive Order No. 429 was issued by President Aquino “Providing for the Reorganization of the
Administrative Regions in Mindanao.” petitioners contend that Article XIX, Section 13 of R.A. 6734 is
unconstitutional because it unduly delegates legislative power to the President by authorizing him to
“merge (by administrative determination) the existing regions.”
For its part, the Solicitor General contended that the reorganization of regions in Mindanao was
merely the exercise of a power “traditionally lodged in the President” and as a mere incident of his
power of general supervision over local governments and control of executive departments, bureaus and
offices under Article X, Section 16 and Article VIII, Section 17 of the Constitution.
HELD: YES.
The creation and subsequent reorganization of administrative regions have been (made) by the
Presiden
As what the Supreme Court observed in Abbas, “while the power which has traditionally
provided for in the Constitution, it is a power which has traditionally been lodged with the President to
facilitate the exercise of the power of general supervision over local governments.”
While Article XIX, Section 13 provides that “the provinces and cities which do not vote for
inclusion in the Autonomous Region shall remain in the existing administrative regions,” this provision is
subject to the qualification that “the President may by administrative determination merge the existing
regions.”
While non-assenting provinces and cities are to remain in the regions as designated upon the
creation of the Autonomous Region, they may nevertheless be regrouped with contiguous provinces
forming other regions as the exigency of administration may require.
The regrouping involves no more than a redefinition or redrawing of the lines separating
administrative regions for the purpose of facilitating the administrative supervision of local government
units by the President and insuring the efficient delivery of essential services.
Administrative regions are mere groupings of contiguous provinces for administrative purposes,
not for political representation. (They) are not territorial and political subdivisions like provinces, cities,
municipalities and barangays.