CHIONGBIAN VS ORBOS

-Congressmen representing various districts

ISSUE
WON
1)
2)

There was undue delegation of power to the president by

authorizing him to merge the existing regions
Congress provided a sufficient standard to guide the President in
the exercise of the power granted

FACTS
1) Congress passed RA No. 6734, the Organic Act for the ARMM and
called for a plebiscite to be held in the:

Provinces of Basilan, Cotabato, Davao Del Sur, Lanao Del

Sur, Maguindanao, Palawan, South Cotabato, Sultan
Kudarat, Sulu, Tawi-Tawi, Zamboanga Del Norte,
Zamboanga Del Sur

Cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan,

Marawi, Pagadian, Puerto Princesa and Zamboanga.
2) In the plebiscite, 4 provinces voted in favor of creating an autonomous
region and these provinces became the ARMM in accordance with the
consitution. (Lanao Del Sur, Maguindanao, Sulu and Tawi-Tawi)
3)

With respect to provinces and cities not voting in favor of the ARMM,
RA 6734 provides that the provinces shall remain in the existing
administrative regions Provided, however, that the president may,
by administrative determination, merge the existing regions.

4)

Pursuant to 6734, The president issued EO No. 429, Providing for the
Reorganization of the ARMM which segregated the remaining
provinces to different regions.

5)

Jaldon, suing as a tax payer and concerned citizen, asserts the

existence of undue delegation of power to the president by
authorizing him to merge the existing regions and provides no
standard for the exercise of power delegated

6)

SolGen contends that there is no undue delegation of power but only

a grant of the power to fill up oor provide the details of legislation bc
Congress did not have the facility to provide for them.

7)

SolGen also invokes PD No. 1416 as amended by PD No. 1772.

-SolGen (?)

DECISION
NO
Creation and subsequent reorganization of administrative regions
have been pursuant to the president granted to him by 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 dating back to the initial
organization of administrative regions in 1972.
(See History, pp 263)
It is a power traditionally lodged with the president to facilitate the
exercise of power of general supervision over local governments.
The regions are not territorial or political divisions like cities and
municipalities but are merely groupings of contiguous provinces for
administrative process.
No abdication by Congress of its legislative power in conferring on
the president the power to merge administrative regions.
YES (On sufficient standards)
A legislative standard need not be expressed. It may simply be
gathered or implied.
It need not be found in the law that is challenged because it may be
embodied in other statues on the same subject (ibang law)
The standard is to be found in the policy underlying the grant to the
President in RA No. 5435 of the power to reorganize the executive
department
to promote simplicity, economy and efficiency in the govt to enable it
to pursue programs consistent w natl goals for accelerated social and
economic development and to improve the service in the transaction
of the public business.
NOTES
PD No. 1416 as amended by PD No. 1772
The president may create, abolish, group, consolidate, merge or
integrate entities, agencies, instrumentalities and units of National
Government, as well as expand, amend, change, or otherwise modify
their powers, functions and authorities, including, with respect to
government-owned or controlled corporations, their corporate life,
capitalization, and other relevant aspects of their charters.

TGI

CHIONGBIAN VS ORBOS
-Congressmen representing various districts

-SolGen (?)

TGI