Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 66 views

    Chiongbian V Orbos

    Uploaded by

    Alexandrea Cornejo
    The Supreme Court upheld the constitutionality of Section 13 of R.A. No. 6734, which authorizes the President to reorganize administrative regions in Mindanao after the establishment of the Autonomous Region in Muslim Mindanao. The Court found that the law provides an adequate standard to guide the President's discretion, which is to promote simplicity, economy, and efficiency in governance. The choice of the President to reorganize regions is logical given their role in facilitating the administration of local governments and executive departments with regional offices.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Chiongbian V Orbos

    Uploaded by

    Alexandrea Cornejo
    66 views2 pages
    The Supreme Court upheld the constitutionality of Section 13 of R.A. No. 6734, which authorizes the President to reorganize administrative regions in Mindanao after the establishment of the Autonomous Region in Muslim Mindanao. The Court found that the law provides an adequate standard to guide the President's discretion, which is to promote simplicity, economy, and efficiency in governance. The choice of the President to reorganize regions is logical given their role in facilitating the administration of local governments and executive departments with regional offices.

    Original Title

    Chiongbian v Orbos

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court upheld the constitutionality of Section 13 of R.A. No. 6734, which authorizes the President to reorganize administrative regions in Mindanao after the establishment of the Autonomous Region in Muslim Mindanao. The Court found that the law provides an adequate standard to guide the President's discretion, which is to promote simplicity, economy, and efficiency in governance. The choice of the President to reorganize regions is logical given their role in facilitating the administration of local governments and executive departments with regional offices.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    Chiongbian V Orbos

    Uploaded by

    Alexandrea Cornejo
    The Supreme Court upheld the constitutionality of Section 13 of R.A. No. 6734, which authorizes the President to reorganize administrative regions in Mindanao after the establishment of the Autonomous Region in Muslim Mindanao. The Court found that the law provides an adequate standard to guide the President's discretion, which is to promote simplicity, economy, and efficiency in governance. The choice of the President to reorganize regions is logical given their role in facilitating the administration of local governments and executive departments with regional offices.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    TITLE: Congressman James Chiongbian, et.al. v. HON. OSCAR M. ORBOS, Executive Secretary, et.al.

    G.R. NO. 96754 and 96673. DATE: June 22, 1995


    PONENTE: J. Mendoza TOPIC: Authority to Reorganize
    FACTS OF THE CASE:
    Pursuant to Art. X, Sec. 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 to be held
    in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur,
    Maguindanao, Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del
    Norte, Zamboanga del Sur, and the cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan,
    Marawi, Pagadian, Puerto Princesa and Zamboanga. In the ensuing plebiscite held on
    November 16, 1989, four provinces voted in favor of creating an autonomous region. These are
    the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. In accordance with the
    constitutional provision, these provinces became the Autonomous Region in Muslim Mindanao.
    Pursuant to the authority granted by this provision, then President Corazon C. Aquino
    issued on October 12, 1990 Executive Order No. 429, "Providing for the Reorganization of the
    Administrative Regions in Mindanao." Petitioners in G.R. No. 96754 are, or at least at the time
    of the filing of their petition, members of Congress representing various legislative districts in
    South Cotabato, Zamboanga del Norte, Basilan, Lanao del Norte and Zamboanga City. On
    November 12, 1990, they wrote then President Aquino protesting E.O. No. 429. They
    contended that There is no law which authorizes the President to pick certain provinces and
    cities within the existing regions. On the other hand, the petitioner in G.R. No. 96673,
    Immanuel Jaldon, is a resident of Zamboanga City, who is suing in the capacity of taxpayer
    and citizen of the Republic of the Philippines.
    PROCEDURAL HISTORY:
    These suits challenge the validity of a provision of the Organic Act for the Autonomous Region in Muslim
    Mindanao (R.A. No. 6734), authorizing the President of the Philippines to "merge" by administrative
    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." A temporary restraining order prayed for by the petitioners was issued by this Court on
    January 29, 1991, enjoining the respondents from enforcing the Executive Order and statute in question.
    Petitioners in both cases contend that Art. XIX, Sec. 13 of R.A. No. 6734 is unconstitutional because (1) it
    unduly delegates legislative power to the President by authorizing him to "merge [by administrative
    determination] the existing regions" or at any rate provides no standard for the exercise of the power delegated
    and (2) the power granted is not expressed in the title of the law.
    STATEMENT OF ISSUE/S:
    Whether or not the R.A 6734 is invalid because it contains no standard to guide the President’s
    discretion.
    HOLDING
    NO. With respect to the power to merge existing administrative regions, the standard is to be found in
    the same policy underlying the grant to the President in R.A. No. 5435 of the power to reorganize the Executive
    Department, to wit: "to promote simplicity, economy and efficiency in the government to enable it to pursue
    programs consistent with national goals for accelerated social and economic development and to improve the

    1
    service in the transaction of the public business." Indeed, as the original eleven administrative regions were
    established in accordance with this policy, it is logical to suppose that in authorizing the President to "merge [by
    administrative determination] the existing regions" in view of the withdrawal from some of those regions of the
    provinces now constituting the Autonomous Region, the purpose of Congress was to reconstitute the original
    basis for the organization of administrative regions.
    The choice of the President as delegate is logical because the division of the country into regions is
    intended to facilitate not only the administration of local governments but also the direction of executive
    departments which the law requires should have regional offices. As this Court observed in Abbas, "while the
    power to merge administrative regions is not expressly 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
    notes, if any:
    Sec. 13 of R.A. No. 6734 provides, That only the provinces and cities voting favorably in such plebiscites shall be
    included in the Autonomous Region in Muslim Mindanao. The provinces and cities which in the plebiscite do not
    vote for inclusion in the Autonomous Region shall remain in the existing administrative regions: Provided,
    however, that the President may, by administrative determination, merge the existing regions.

    You might also like