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    LG-2-06 Disomangcop V Secretary of Public Works PDF

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    Cecille Mangaser
    RA 8999 was ruled unconstitutional and invalid because it violated the autonomy of the Autonomous Region in Muslim Mindanao (ARMM). Specifically: 1) RA 8999 never took effect and was superseded by RA 9054, which amended the Organic Act and was ratified in a plebiscite. 2) RA 8999 was inconsistent with and destroyed the objectives of RA 9054, which advanced regional autonomy in the ARMM. 3) DO 119 duplicated the functions of the existing DPWH-ARMM Engineering District and violated the devolution of powers to the ARMM under previous executive orders. Therefore, both RA 8999 and DO 119 improperly infringed on the constitutional autonomy of the

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    LG-2-06 Disomangcop V Secretary of Public Works PDF

    Uploaded by

    Cecille Mangaser
    323 views1 page
    RA 8999 was ruled unconstitutional and invalid because it violated the autonomy of the Autonomous Region in Muslim Mindanao (ARMM). Specifically: 1) RA 8999 never took effect and was superseded by RA 9054, which amended the Organic Act and was ratified in a plebiscite. 2) RA 8999 was inconsistent with and destroyed the objectives of RA 9054, which advanced regional autonomy in the ARMM. 3) DO 119 duplicated the functions of the existing DPWH-ARMM Engineering District and violated the devolution of powers to the ARMM under previous executive orders. Therefore, both RA 8999 and DO 119 improperly infringed on the constitutional autonomy of the

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    RA 8999 was ruled unconstitutional and invalid because it violated the autonomy of the Autonomous Region in Muslim Mindanao (ARMM). Specifically: 1) RA 8999 never took effect and was superseded by RA 9054, which amended the Organic Act and was ratified in a plebiscite. 2) RA 8999 was inconsistent with and destroyed the objectives of RA 9054, which advanced regional autonomy in the ARMM. 3) DO 119 duplicated the functions of the existing DPWH-ARMM Engineering District and violated the devolution of powers to the ARMM under previous executive orders. Therefore, both RA 8999 and DO 119 improperly infringed on the constitutional autonomy of the

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    323 views1 page

    LG-2-06 Disomangcop V Secretary of Public Works PDF

    Uploaded by

    Cecille Mangaser
    RA 8999 was ruled unconstitutional and invalid because it violated the autonomy of the Autonomous Region in Muslim Mindanao (ARMM). Specifically: 1) RA 8999 never took effect and was superseded by RA 9054, which amended the Organic Act and was ratified in a plebiscite. 2) RA 8999 was inconsistent with and destroyed the objectives of RA 9054, which advanced regional autonomy in the ARMM. 3) DO 119 duplicated the functions of the existing DPWH-ARMM Engineering District and violated the devolution of powers to the ARMM under previous executive orders. Therefore, both RA 8999 and DO 119 improperly infringed on the constitutional autonomy of the

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    Disomangcop v.

    Secretary of the Department of Public Works and RULING & RATIO


    Highways (RA 8999)
    G.R. No. 149849 | November 25, 2004 | Tinga, J. - RA 8999 never became operative and was superseded or repealed
    Petitioners: Arsadi Disomangcop and Ramir Dimalotang by a subsequent enactment
    Respondents: DPWH Secretary Simeon Datumanong, Budget Secretary - The organic acts are deemed part of the regional autonomy scheme
    Emilia Boncodin and the amendatory law has to be submitted to a plebiscite
    - RA 8999 was repealed and superseded by RA 9054
    FACTS o R.A. 9054 is anchored on the 1987 Constitution. It advances
    - Petitioners challenge the constitutionality and validity of RA 8999 (An the constitutional grant of autonomy by detailing the powers
    st
    Act Establishing An Engineering District in the 1 District of the of the ARG covering, among others, Lanao del Sur and
    Province of Lanao Del Sur and Appropriating Funds Therefor) and Marawi City, one of which is its jurisdiction over regional
    DPWH DO 119 (Creation of Marawi Sub-District Engineering Office) urban and rural planning. R.A. 8999, however, ventures to
    o RA 8999 and DO 119 was issued pursuant to the enactment reestablish the National Governments jurisdiction over
    of RA 6734 (Organic Act of ARMM) which called for the infrastructure programs in Lanao del Sur. R.A. 8999 is
    holding of plebiscites in certain provinces in Mindanao of patently inconsistent with R.A. 9054, and it destroys the
    which only 4 provinces voted for the creation of the said latter laws objective.
    autonomous region - RA 8999 is antagonistic and cannot be reconciled with any of the
    o Pursuant to the organic act, Cory Aquino issued EO 426 organic acts of the ARMM
    placing the control and supervision of the offices of DPWH
    within the ARMM under the Autonomous Regional (DO 119)
    Government and on 1999, DPWH Secretary Vigilar issued - Office created under DO 119 have the same powers and is actually a
    st
    DO 119 duplication of DPWH-ARMM 1 Engineering District
    o In 2001, Joseph Estrada signed RA 8999 o DO in effect takes back powers which have been previously
    Congress later on passed RA 9054 which amended devolved under the said EO, running counter to the
    the Organic Act and it lapsed into a law and was provisions of the EO, DPWHs order cannot rise higher than
    ratified in a plebiscite its source of power
    Province of Basilan and City of Marawi also
    voted to join ARMM DISPOSITION
    - Petitioners sought the revocation of DO 119 and non-implementation Petition is granted. Writ of prohibition to desist from implementing RA
    of RA 8999 but no action was taken on said petition 8999 and DO 119 is issued.
    o Disomangcop is the Officer-in-Charge and Dimalotang is the
    District Engineer II of the First Engineering District of DPWH, NOTES
    ARMM in Lanao Del Sur, they contend that - Regional autonomy is the degree of self-determination exercised
    DO 119 was issued in violation of the constitutional by the local government unit vis--vis the central government it
    autonomy of ARMM pointing out that the DO tasked implies the cultivation of more positive means for national
    Marawi Sub-District Engineering Office with integration
    functions already vested with DPWH-ARMM - Creation of autonomous regions does not signify establishment of
    RA 8999 is not thoroughly studied and that prior to sovereignty distinct from the Republic
    the sponsorship, there was no public hearing or - The aim of the Constitution is to extend to the autonomous
    consultation which was made peoples, the people of Muslim Mindanao in this case, the right
    to self-determination and right to choose their own path of
    ISSUES development; the right to determine the political, cultural and
    1. W/N RA 8999 and DO 119 violates the constitutional autonomy of the economic content of their development path within the framework of
    ARMM - YES the sovereignty and territorial integrity of the Philippine Republic.

    AURELIO | BALLESTEROS | BATUNGBACAL | BILIRAN | CADIENTE | D ESLATE Page 1 of 1


    DONES | GABA | GALLARDO | GESTA | MANGASER | PINTOR | SUNGA | SY | TOLEDO D 2019

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