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Disomangcop v.

Datumanong (Tinga, 2004)


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Facts:

On Aug. 1, 1989, RA 6734 was passed (Organic Act of ARMM). Four provinces votedfor
inclusion in ARMM, namely: Lanao del Sur, Maguindanao, Sulu and Tawi
Tawi.

In accordance with it, EO 426 was issued by Pres. Cory Aquino on Oct. 12, 1990. Thesame
devolved to the ARMM the power of the DPWH.

On May 20, 1999, DO 119 was issued by DPWH Sec. Vigilar. It created a DPWHMarawi Sub
District Engineering Office which shall have jurisdiction over all nationalinfrastructure
projects and facilities under the DPWH within Marawi City and Lanao delSur.

On Jan. 17, 2001, RA 8999 which created a new Engineering District in the first districtof
Lanao del Sur was passed by Pres. Estrada.

On March 31, 2001, RA 9054 which amended RA 6734 was passed. The province ofBasilan
and the City of Marawi voted to join ARMM through said law.

Petitioners Disomangcop and Dimalotang in their capacity as OIC and Enginer IIrespectively
of the First Engineering District of DPWH
ARMM in Lanao del Sur filed
a petition questioning the constitutionality and validity of DO 119 and RA 8999 on theground
that they contravene the constitution and the organic acts of the ARMM.

Issue: WON DO 119 and RA 8999 are both invalid and constitutionally infirm.

Held and Ratio:

OnRA8999

RA 8999 never became operative and was superseded or repealed by a RA 9054. Bycreating
an office with previously devolved functions, RA 8999, in essence sought to
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Angelica Paglicawan

amend RA 6074, which is an organic act which enjoys affirmation through a


plebiscite.Hence, the provisions thereof cannot be amended by an ordinary statute such as
RA 8999.The amendatory law needs to be submitted also to a plebiscite which is lacking in

thecase of RA 8999. RA 6734 devolved the functions of the DPWH to ARMM whichincludes
Lanao del Sur.

OnDO119
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DO 119 creating the Marawi Sub


District Engineering Office which has jurisdiction overinfrastructure projects within Marawi
City and Lanao del Sur is violative of the provisions of EO426 which implements the transfer
of control and supervision of the DPWH to the ARMM in linewith RA 6734. The office created
under DO 119 having essentially the same powers with theDistrict Engineering Office of
Lanao del Sur as created under EO 426, is a duplication. The DOin effect takes back powers
which have been previoulsy devolved under EO 426. RA 9054however has repealed DO 119
because the former seeks to transfer control and supervision ofDPWH offices to ARMM.

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