Chiongbian v. Orbos

Chiongbian et.
al
v.
Orbos
245 scra 253
This challenge the validity of a provision of
the Organic Act for the Autonomous
Region in Muslim Mindanao (RA No.
6734), authorizing the President of the
Philippines to “merge” by administration
determination the regions remaining after
the establishment of the Autonomous
Region, and the Executive Order issued by
the President pursuant to such authority,
“Providing for the Reorganization of
Administrative Regions in Mindanao.”
FACTS of the Case
 Pursuant to Art. X Section 18 of the 1987 Constitution, Congress passed
R.A. No. 6734, the Organic Act for the Autonomous Region in Muslim
Mindanao calling for a plebiscite creating an autonomous region.
 Provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi voted
and became the ARMM.
 R.A. No. 6734 Art. XIX Section 13 provides that only the provinces and
cities voting favorably in plebiscites shall be included in ARMM. Those
provinces and cities in the plebiscites who do not vote for inclusion shall
remain in the existing administrative regions. Provided, however, that
the President may, by administrative determination, merge the existing
regions.
 Pursuant to the authority granted, Pres. Corazon Aquino issued EO No.
429 providing for the Reorganization of the Administrative Regions in
Mindanao.
FACTS of the Case
 Petitioners contended that there is no law which authorizes the President
to pick certain provinces and cities within the existing regions and while
the authority includes authority to merge, it does not include the
authority to reorganize.
 They also contend that RA 6734 Art. 19 sec. 13 is unconstitutional
because (1) it unduly delegates legislative power to the President by
authorizing him to merge by administrative determination the existing
regions and (2) the power granted is not expressed in the title of the law.
 They challenges the validity of EO No. 429 on the ground that the power
granted by Art. 19, Sec. 13 to the President is only to merge regions 9
and 11 but not to reorganize the entire the administrative regions in
Mindanao and not to transfer the regional center of Region 9 form
Zamboanga City to Pagadian City.
ISSUES
1. Whether the power to merge administrative regions is legislative in
character (petitioners’ claim) or whether it is executive in character
(respondents’ claim) and whether Art. 19 sec 13 is invalid because it
contains no standard to guide the President’s discretion.
2. Whether the power given is fairly expressed in the title of the statute.
3. Whether the power granted authorizes the reorganization even of regions

the provinces and cities in which either did not take part in the plebiscite
on the creation of ARMM or did not vote in favor of it.
4. Whether the power granted to the President includes the power to transfer
the regional center of the Region 9 from Zamboanga City to Pagadian City.
ruling
The petitions for certiorari and prohibition are DISMISSED for lack of merit.
1. The creation and subsequent reorganization of administrative regions have been by

the President pursuant to the authority granted to him by the law. In conferring on
the President the power to merge the existing regions following the establishment of
ARMM, Congress merely followed the pattern set in previous legislation on the
initial organization of administrative regions in 1972. While the power to merge
administrative regions is not expressly provided for the constitution, it is a power
which has traditionally been lodged with the President to facilitate the exercise of
the power of supervision over local governments (Art. 10 Sec 4 of the Constitution).
2. A legislative standard need not be expressed. It may be simply be gathered and
implied. The title is not required to be an index of the content of the bill. It is a
sufficient compliance with the constitutional requirement if the titles expresses the
general subject and all provisions of the statute are germane to that subject. The
reorganization of the remaining administrative regions is germane to the general
subject of RA No. 6734 which is the establishment of ARMM.
ruling
3. Art. 19 sec, 16 provides that the provinces and cities which do not vote for
inclusion in Autonomous region shall remain in the existing administrative
regions, however, this provision is subject to the qualification that the President
may by administrative determination merge the existing regions as the exigency
of administration may require. It involves definition or redrawing of the lines
separating administrative regions for the purpose of facilitating the
administrative supervision of LGU by the President and insuring the efficient
delivery of essential services.
4. As the court said in Abbas, administrative regions are mere groupings of
contiguous provinces for administrative purposes. They are not territorial and
political subdivisions like provinces, cities, municipalities and barangays.
Therefore, there is no basis for contending that only Congress can change or
determine regional centers. The power to reorganize administrative regions
carries with it the power to determine the regional center

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3. Whether the power granted authorizes the reorganization even of regions

1. The creation and subsequent reorganization of administrative regions have been by

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