DISOMANGCOP VS.

DATUMANONG
444 SCRA 203; NOVEMBER 25, 2004
 

FACTS:
 
  On Aug. 1, 1989, RA 6734 was passed (Organic Act of ARMM). Four
provinces voted for 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. The same devolved to the ARMM the power of the DPWH.
 
On May 20, 1999, DO 119 was issued by DPWH Sec. Vigilar. It created a
DPWH Marawi Sub-District Engineering Office which shall have jurisdiction over
all national infrastructure 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 district of Lanao del Sur was passed by Pres. Estrada.
 
On March 31, 2001, RA 9054 which amended RA 6734 was passed. The
province of Basilan and the City of Marawi voted to join ARMM through said law.
 
Petitioners Disomangcop and Dimalotang in their capacity as OIC and
Engineer II respectively 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 the ground 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:
 
On RA 8999
  
 RA 8999 never became operative and was superseded or repealed by a
RA 9054. By creating an office with previously devolved functions, RA 8999, in
essence sought to 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 the case of RA 8999. RA 6734 devolved the
functions of the DPWH to ARMM which includes Lanao del Sur.
 
On DO 119
 
DO 119 creating the Marawi Sub-District Engineering Office which has
jurisdiction over infrastructure 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 line with RA 6734. The office
created under DO 119 having essentially the same powers with the District
Engineering Office of Lanao del Sur as created under EO 426, is duplication. The
DO in effect takes back powers which have been previously devolved under EO
426. RA 9054however has repealed DO 119 because the former seeks to transfer
control and supervision of DPWH offices to ARMM.