BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.

ARTICLE X. LOCAL GOVERNMENT

GENERAL PROVISIONS
Section 1.
The Territorial and Political Subdivisions of the RP shall are the
PROVINCES, CITIES, MUNICIPALITIES and BARANGAYS. There
shall be AUTONOMOUS REGIONS in MUSLIM MINDANAO and
the CORDILLERA as hereinafter provided.
TERRITORIAL and POLITICAL Subdivisions
Significance of Sec. 1:
- The fixed standard TERRITORIAL and POLITICAL subdivisions
of the Philippines are the:
a. Provinces
b. Cities
c. Municipalities
d. Barangays

- This standard cannot go out of existence except by:
CONSTITUTIONAL AMENDMENT

- Since their (provinces, cities, municipalities, barangays) existence
is dependent through an amendment of the constitution, the right of
provinces, cities, municipalities and barangays to exist as the
political and territorial subdivisions of the State is not only just a
statutory right but a: CONSTITUTIONAL RIGHT
Reason for the Constitutional Commission to retain the word BARANGAY
in the 1987 constitution:
1. Has historical significance in Asia
2. Existing laws use the term
3. There are continuing references to it in public discussions
The Constitution authorizes only 2 autonomous region:
1. ARMM
Of these areas, only four provinces - Lanao del
Sur, Maguindanao, Sulu and Tawi-Tawi - voted in favor of
inclusion in the new autonomous region
2. CAR
Only the province of Ifugao voted "Yes"
Section 2.
The territorial and political subdivisions shall enjoy local autonomy.
LOCAL AUTONOMY
- the exercise of certain basic powers, i.e. police power, power of
eminent domain, and taxing power, by LOCAL GOVERNMENT
UNITS so as to best serve the interest and promote the general
well-being of their inhabitants and to free local governments from
the well-nigh absolute control by the legislature which
characterized local government under the 1953 Constitution.
- By express constitutional mandate, enjoyment of local autonomy
by the territorial and political subdivisions, i.e. all government
units including the two autonomous regions (actually just one:
ARMM), is now a basic state policy.
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
DIFFERENCE BETWEEN AUTONOMY AND DECENTRALIZATION
AUTONOMY
- It is either:
a. Decentralization of Administration
when the central government delegates administrative
powers to political subdivisions -- in order to broaden the
base of government power and in the process to make local
governments more responsive and accountable and ensure
their fullest development as self-reliant communities and make
them more effective partners in the pursuit of national
development and social progress
-- it also relieves the central government of the burden of
managing local affairs and enables it to concentrate on
national concerns
b. Decentralization of Power
Involves an abdication of political power in favor of local
government units declared to be autonomous.
CASES:
A. SAN JUAN v. CIVIL SERVICE COMMISSION
- Local governments exercise meaningful power as granted by
constitutional provisions and legislation mandating greater
autonomy for local officials.
- Where a law is capable of two interpretations, one in favor of
centralized power in Malacaang and the other beneficial to local
autonomy, the scales must be weighed in favor of autonomy.


B. LLDA v. CA
- Local government units exercise police power through their
respective legislative bodies. Their power however is subordinate
to the certain constitutional limitations.
- The power given by the Local Government Code to local
governments is a revenue generating power and not a regulatory
power.

C. MAGTAJAS v. PRYCE PROPERTIES
- Local governments have certain powers given by the Constitution
which may not be curtailed by the national government, but
outside of these, local governments may not pass ordinances
contrary to statute. The rationale of the requirement that the
ordinances should not contravene a statute is obvious as municipal
governments are ONLY AGENTS of the national government and
that the delegate cannot be superior to the principal or exercise
powers higher than those of the latter.
Tests of a valid ordinance to be valid, it must conform to the
following substantive requirements
o It must not contravene the Constitution or any statute.
o It must not be unfair or oppressive.
o It must not be partial or discriminatory.
o It must not prohibit but regulate trade.
o It must not be unreasonable.
o It must be general and consistent with public policy.
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
MNEMONIC: CUP PUG
D. PHILIPPINE PETROLEUM CORPORATION v.
MUNICIPALITY of PILILLA
- Administrative regulations must be in harmony with the provisions
of the law.
- The exercise by the local governments of the power to tax is
ordained by the Constitution.
- Under Section 5, Article X, only guidelines and limitations that
may be established by Congress can define and limit the power of
local governments.
E. DADOLE, et al. v. COA
- Extent of Local Autonomy of LGUs remains subject to the power
of control by Congress and the power of supervision by the
President. The President can only interfere in the affairs and
activities of a local government unit if he/she finds that the latter
has acted contrary to law. This is the scope of the Presidents
supervisory powers over local government units.
F. LEYNES v. COA
- The Sangguniang Bayan as the legislative body of the municipality
shall approve ordinances and pass resolutions that shall provide for
additional allowances and other benefits for national government
officials stationed in or assigned in the municipality
- Local Government Code authorizes local governments to give
allowance to judges and decide how much this should be since
LOCAL AUTONOMY prohibits the COA from interfering with
the authority of the local government by reducing what has been
decided by the local government.
G. BATANGAS CATV v. CA, BATANGAS CITY
- The devolution of powers to the LGUs, pursuant to the
Constitutional mandate of ensuring their autonomy, has bred
jurisdictional tension between said LGUs and the state. LGUs must
be reminded that they merely form part of the whole. It was never
the intention of the Drafters of the Constitution to create an
imperium in imperio (a government within a government) and
instill an intra-sovereign political subdivision independent of a
single sovereign state.
Section 3.
The Congress shall enact a Local Government Code which shall
provide for a more responsive and accountable local government
structure instituted through a system of Decentralization with effective
mechanism of recall, initiative and referendum, allocate among the
different Local Government units their powers, responsibilities and
qualifications, election, appointment and removal, term, salaries,
salaries, powers and functions and duties of local officials, and all other
matters relating to the organization and operation of the local units.
RA 7160: 1991 Local Government Code
The Local Government Code shall
1. Provide for a more responsible and accountable local government
structure instituted through a system of decentralization with
effective mechanisms of recall, initiative and referendum.
2. Allocate among the different local units their powers,
responsibilities and resources
3. Provide for the qualifications, election, appointment and removal,
term, salaries, powers, and functions, and duties of local officials
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
4. Provide for all other matters relating to the organization and
operation of the local units.
INTIATIVE and REFERENDUM
- the legal process whereby the registered voters of a local government unit
may directly propose, enact, or amend any ordinance (1991 Local
Government Code)
RECALL
- A mode of removal of a public officer by the people before the end
of his term of office
- The people's prerogative to remove a public officer is an incident
of their sovereign power and in the absence of constitutional
restraint, the power is implied in all governmental operations
- The primary legal provision governing the process of recall is
the Constitution, which provides that "Congress shall enact a local
government code which shall provide for a more responsive and
accountable local government structure instituted through a system
of decentralization with effective mechanisms of recall, initiative,
and referendum xxx."
In response to Section 3, Article X of the 1987
Constitution, Congress enacted Republic Act No. 7160, or
the Local Government Code of 1991, which took effect on 1
January 1992.
- Recall is now governed by Republic Act No. 7160, also known as
the Local Government Code of 1991, as amended by R.A. 9244
Who may Exercise Recall?
- The power of recall for loss of confidence shall be exercised by the
registered voters of a local government unit (LGU) to which the
local elective official subject to such recall belongs
Limitations on Recall:
a) Any elective local official may be the subject of a recall election
only once during his term of office for loss of confidence
b) No recall shall take place within one (1) year from the date of the
official's assumption to office or one (1) year immediately
preceding a regular local election
Initiation of the Recall Process:
a. by a direct petition of registered voters
b. the Preparatory Recall Assembly - removed under R.A. 9244
Reasons for the adoption of the PRA:
- to diminish the difficulty of initiating recall thru the direct action
of the people
- to cut down on its expenses
Recall through a Preparatory Recall Assembly survived the
constitutional challenge raised in Garcia vs.
COMELEC, but Congress itself abolished it through an
amendment under R.A. 9244.
Cases:
A. SANCHEZ v. COMELEC

- Sec. 3, Art. X of the Constitution merely provides that the local
government code to be enacted by Congress shall be more
responsive than the one existing at present. Until such time that a
more responsive and effective local government code is enacted,
the present code shall remain in full force and effect.

B. GARCIA v. COMELEC

- There is nothing in the constitution that will remotely suggest that
the people have the sole and exclusive right to decide on whether
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
to initiate a recall proceeding. It did neither provide any mode in
initiating recall elections nor prohibit the adoption of multiple
modes of initiating recall elections. The mandate given by the
Constitution is for Congress to enact a local government code
which clearly gave the Congress the power to choose the effective
mechanism of recall as its discernment dictates.
There is only one ground for the recall of government officials:
loss of confidence. This means that the people may petition or the
PRA, may resolve to recall any local elective officials without
specifying any particular ground except loss of confidence.
Section 4
The President of the Philippines shall exercise general supervision over
local governments. Provinces with respect to component cities and
municipalities, and cities and municipalities with respect to component
barangays shall ensure that the acts of their component units are within
the scope of their prescribed powers and functions.
Power of General Supervision
- Power of a superior officer to see to it that lower officers perform
their functions in accordance with law. It does not include the
power to substitute ones judgment for that of lower officer in
matters where a lower officer has various legal alternatives to
choose from
Supervisory Structure in the Local Government System
- President has general supervision over all local government units
Includes the power to investigate and remove
- Direct Supervisory Contact is with autonomous regions, provinces
and independent cities.

CASES:
A. DRILON v. LIM
Power of supervision does not lay down the rules, does not have the
discretion to modify or replace such rules, has no judgment on the matter
and merely sees to it that the rules are followed.
Section 5.
Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may provide, consistent with
the basic policy of local autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.
Each Local Government Unit shall have the power:
- to create its own sources of revenue and
- to levy taxes, fees, and charges subject to such guidelines
and limitations as the Congress may provide, consistent
with the basic policy of local autonomy.
- Such taxes, fees and charges shall accrue exclusively to
the local governments.
Power of Local Governments to impose taxes and fees is ALWAYS
subject to LIMITATIONS, which the Congress may provide by law (Basco
v PAGCOR 197 SCRA 52, 65 (1991).
CASES:
A. Manila Electric v. Province of Laguna
Local government do not have the inherent power to tax except to the extent
that such power might be delegated to them by the basic law or statue
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
B. NPC v. Cabanatuan City
Interpretation of the statutory provisions on fiscal powers of LGUs
-The power of local governments to tax is
-liberally interpreted in favor of the state
-strictly construed against the local government in favor of the taxpayer.
Section 6.
Local government units shall have a just share, as determined by law,
in the national taxes which shall be automatically released to them.
Local Government Units shall have a just share, as determined by the law,
in the national taxes which shall be automatically released to them.
(1) LGUs shall have a JUST SHARE in national taxes
(2) JUST SHARE shall be determined by law
(3) the just share shall AUTOMATICALLY be released to the
LGUs
CASES:
A. Pimentel v. Aguirre
Sec 4 withholding of 10% of the internal revenue allotment to local
government units is UNCONSTITUTIONAL, Sec 6, Art X Providing for
automatic release to each of these units its share in the national internal
revenue.

Section 7.

Local governments shall be entitled to an equitable share in the
proceeds of the utilization and development of the national wealth
within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits.
Fund Sources of Local Governments:
(a) local taxes, fees and charges
(b) national taxes
(c) proceeds of the utilization and development of the natural
resources within their respective areas
(d) other sources of revenues
(e)
Scope
- subject to such guidelines and limitations by the Congress
- cannot frustrate the basic policy of local autonomy

National Government
does not share in such taxes, fees and charges.

Local Government
may have shares from revenue accruing from fees and charges OR receive
other benefits such as lower rates

Ex. Consumption of electricity

Section 8.

The term of office of elective local officials, except barangay officials,
which shall be determined by law, shall be three years and no such
official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered
as an interruption in the continuity of his service for the full term for
which he was elected.

CASES:

A. Borja, Jr. v. Commission on Elections



BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
Two Ideas:
(1) service of term accumulation of power from a prolonged period
of stay
(2) idea of election concern of the right of the people to choose
Term must be from ELECTION and NOT from the continuation
of service by operation of law.

B. David v. Commission on Elections

The Constitution does not expressly prohibit Congress from fixing the term
of office of Barangay Officials. The Constitution left the decision to the
lawmaking bodies without any specific limitation or prohibition.

Section 9.

Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.

CASES:
A. Supangan, Jr. v. Santos
The validity and legality of the designations/appointments made by the
Secretary of DLG of member/sectoral representatives to the local legislative
bodies. as may be provided by law not prospective; the President may not
make appointments even before Congress has passed the law.
Qualifications of local sectoral representatives prescribed by law; not
prescribed by the Constitution; President must observe qualification
requirements.
Section 10.
No province, city, municipality, or barangay may be created, divided,
merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code
and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected.
CASES:
A. Tan v. COMELEC
Court said that: where a portion of an existing province was being lopped
off to form a new province, both the mother and the proposed new province
should participate. Mother province should participate because its boundary
is substantially altered.
B. Padilla, Jr. v. Commission on Elections
Mr. Davide: I would not object. I precisely asked for the deletion of the
words unit or because in the plebiscite to be conducted, it must involve
all the units affected. x x x in the political units directly affected
residents of the political entity who would be economically dislocated by
the separation of a portion thereof have a right to vote in said plebiscite.
C. League of Cities v. Comelec
The creation of LGUs must follow the criteria established in the LGC and
not in any other law and that the Congress cannot write such criteria in any
other law
NOTE:
The requirement that the LGC shall contain the criteria for the creation of
municipalities does not prevent the creation of municipalities before the
passage of the LGC.
Section 11.
The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof.
The component cities and municipalities shall retain their basic
autonomy and shall be entitled to their own local executive and
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
legislative assemblies. The jurisdiction of the metropolitan authority
that will thereby be created shall be limited to basic services requiring
coordination.
Does not preserve the Metropolitan Manila Commission BUT it is an
attempt to preserve part of it as a supra-municipal authority with limited
jurisdiction. Thereby saving NCR from relegation to a constitutional limbo
and also authorizes creation of similar authorities in other metro-political
regions.
CASES:
A. MMDA v. Bel-Air Village Assoc.
Whether or not the Metropolitan Manila Development Authority (MMDA)
has the mandate to open Neptune Street to public traffic pursuant to its
regulatory and police powers.
MMDA (Metropolitan Manila Development Authority) agency created
for laying down policies and coordinating with the various national
government agencies, peoples organizations, non-governmental
organizations and the private sector for the efficient and expeditious
delivery of basic services in the vast metropolitan area
functions administrative in nature
not a municipal corporation endowed with police power
CREATION WAS NEVER SUBMITTED TO A PLEBISCITE
MMDA cannot order Bel-Air Village Association to open Neptune Street to
the public.
MMDA is not a local government unit with police power.
Different from MMC central government of a LGU.

B. MMDA v. Garin
MMDA may confiscate and suspend or revoke drivers license without need
of any other legislative enactment when there is a traffic law or
regulation validly enacted by the legislature or those agencies to whom
legislative powers have been delegated.
Section 12.
Cities that are highly urbanized, as determined by law, and component
cities whose charters prohibit their voters from voting for provincial
elective officials, shall be INDEPENDENT of the province. The voters
of component cities within a province, whose charters contain no such
prohibition, shall not be deprived of their right to vote for elective
provincial officials.
CLASSIFICATION OF CITIES

INDEPENDENT:
(1) Highly-urbanized cities
(2) Component cities with prohibitive charters
from voting on provincial elections
envisioned as an ad-hoc category

NOT INDEPENDENT:
(3) Component cities with charters not prohibiting voting

CASES:

A. Abella vs. COMELEC

Petitioner (Abella) Respondent
(COMELEC)
Legal Basis Sec.4, Art 10
Independence is
limited to
(1) Sec.12, Art. 10
(2) Sec. 89, RA 179
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
administrative cases
Interpretation/Legal
Hermaneutics
Wrong English Doctrine of Last
Antecedent or
Ad proximum
antecedents fiat
relation nisi
impediatur
sentential

Section 13.
Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources for purposes commonly
beneficial to them in accordance with law.
Four (4) alliance configurations are:
A) All-LGU or Natural Alliance - between and among LGUs of the same
level. The all-LGU configuration adheres closest to Section 33 of the Local
Government Code, with the LGUs coming together but not forming a new
juridical entity. The legal binding document for this configuration is the
Memorandum of Agreement.
Examples of this configuration are the:
1) Southeast Cebu Coastal Resource Management Council
(SCCRMC)
2) Lanuza Bay Development Alliance (LBDA)
3) Northern Negros Aquatic Resources Management Advisory
Council (NNARMAC)
4) PALMA Alliance
B) All-LGU Alliance with a new juridical entity - This alliance
configuration is created through congressional acts, presidential executive
order or provincial executive order.
Examples of this configuration are the:
1) Metro Manila Development Authority (MMDA)
2) Partido Development Authority (PDA)
3) Metro Iloilo-Guimaras Economic Development Council
(MIGEDC)
C) All-Government Alliance This alliance is made up of LGUs and
national line agencies. One example is the Lake Mainit Development
Alliance (LMDA).
D) Public-Private Sector Alliance This alliance configuration is becoming
increasingly popular because of the recognition that development should
involve all stakeholders as much as possible. It has also been
institutionalized in the National Integrated Protected Areas System (NIPAS)
Act which is the basis for the creation of the PAMB and EO 205 which is
the basis for the creation of the Inter-Local Health Zone (ILHZ).
Examples of this alliance configuration are:
1) Alliance of Northern Iloilo for Health Development
(ANIHEAD)
2) Alliance of Seven, Samar
3) Libertad, Pandan, Sebaste and Culasi Bay Wide Management
Council (LIPASECU)
Section 14.
The President shall provide for regional development councils or other
similar bodies composed of local government officials, regional heads of
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
departments and other government offices, and representatives from
non-governmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units
therein and to accelerate the economic and social growth and
development of the units in the region.
Regional Development Council
Example: RDC- CAR
highest policy-making body in the region
serves as the counterpart of the NEDA Board at the subnational
level.
primary institution that coordinates and sets the direction of all
economic and social development efforts in the region.
also serves as a forum where local efforts can be related and
integrated with national development activities.

AUTONOMOUS REGIONS

Section 15.

There shall be created autonomous regions in Muslim Mindanao and in
the Cordilleras consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of
the Philippines.

Autonomous Region Is not an independent nation within the nation, it is
organized within the framework of this Constitution and the National
sovereignty.

Muslim Mindaao A short hand expression to designate those areas of
Mindanao which are predominantly Muslim.

2 Reasons behind the creation of Autonomous Regions

1. Will allow each culture to flourish unhampered by the dominance of
other cultures and thereby to contribute more effectively to national
progress.
2. To furnish possible solution to the regional conflicts that has arisen partly
from cultural.

Section 16.

The President shall exercise general supervision over autonomous
regions to ensure that laws are faithfully executed.

General Supervision is the authority being exercised by the President over
the Autonomous Regions.

Section 17.

All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.

Powers NOT given to Autonomous Regions:
Jurisdiction over national defense and security;
Foreign Relations and Foreign trade;
Customs and tariff, quarantine;
Currency, monetary affairs, foreign exchange, banking and quasi-
banking, external borrowing;
Posts and communications;
Air and sea transport;
Immigration and deportation;
Citizenship and naturalization;
General auditing


BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
Section 18.

The Congress shall enact an organic act for each autonomous region
with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President
from a list of nominees from multi sectoral bodies. The organic act shall
define the basic structure of government for the region consisting of the
executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The
organic acts shall likewise provide for special courts with personal,
family, and property law jurisdiction consistent with the provisions of
this Constitution and national laws.

The creation of the autonomous region shall be effective when
approved by majority of the votes cast by the constituent units in a
plebiscite called for the purpose, provided that only provinces, cities,
and geographic areas voting favorably in such plebiscite shall be
included in the autonomous region.

Organic Act - An act of congress conferring powers of government upon a
territory.

Statute v Organic Act
An ordinary statute whether, general or special, cannot amend an organic
act that provides for an autonomous region and can only be changed
through a plebiscite.

Take Note:
The creation of the Autonomous Region takes place only when the
Organic Act is ratified by a majority of the votes cast by the
constituent units in a plebiscite.
Only the provinces, cities, municipalities, and geographic areas
voting favourably become part of the constituent units of the
autonomous region.
In present time only ARMM or the Autonomous Region of Muslim
Mindanao was successfully created. The Cordillera Autonomous
Region failed to constitute because ONLY the province of Ifugao
voted in favour of it and was rejected by the provinces and city of
the Cordillera Region.
Those who voted negatively in the first plebiscite under this
Constitution may still join in creation of future autonomous
regions.

CASES:

A. Abbas v COMELEC

It will readily be seen that the creation of the autonomous region is made to
depend, not on the total majority vote in the plebiscite, but on the will of the
majority in each of the constituent units and the proviso underscores this.
for if the intention of the framers of the Constitution was to get the majority
of the totality of the votes cast, they could have simply adopted the same
phraseology as that used for the ratification of the Constitution, i.e. the
creation of the autonomous region shall be effective when approved by a
majority of the votes cast in a plebiscite called for the purpose. It is thus
clear that what is required by the Constitution is a simple majority of votes
approving the organic Act in individual constituent units and not a double
majority of the votes in all constituent units put together, as well as in the
individual constituent units. More importantly, because of its categorical
language, this is also the sense in which the vote requirement in the
plebiscite provided under Article X, section 18 must have been understood
by the people when they ratified the Constitution.

B. Cordillera Regional Assembly v COMELEC

The sole province of Ifugao cannot validly constitute the Cordillera
Autonomous Region To become part of a region, it must join other
provinces, cities, municipalities and geographical areas. It joins other units
because of their common and distinctive historical and culturasl heritage,
BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
economic and social structures, other relevant characteristics. The
constitutional requirements (Art. X section 15 of the 1987 Constitution) are
not present.

C. Leonor v Cordillera Bodong Administration

The Supreme Court held that since the plebiscite that was held on January
23, 1990 pursuant to Republic Act 6766 was rejected, the creation of the
Cordillera Autonomous Region did not come to be. As a logical
consequence of that judicial declaration, the CordilleraBodong
Administration, the indigenous and special courts for the indigenous
cultural communities of the Cordillera region, and the Cordillera
People's Liberation Army as a regional police force or a regional command
of the Armed Forces of the Philippines, do not legally exist.

Section 19.

The first Congress elected under this Constitution shall, within eighteen
months from the time of organization of both Houses, pass the Organic
Acts for the Autonomous Regions in Muslim Mindanao and the
Cordilleras.

Failure of Congress to act CANNOT be allowed to frustrate the
clear INTENT of the electorate.
o The short period was set to post and URGENCY of
creating autonomous regions as a means towards solving
existing serious peace and order problems
o It also aimed to foreclose Secessionist movements [the act
of withdrawing from an organization, union, or political
entity].





Section 20.

Within its territorial jurisdiction and subject to the provisions of this
Constitution and National Laws, the organic act of autonomous regions
shall provide for legislative powers over:

1.) Administrative organizations;
2.) Creation of Source of revenues;
3.) Ancestral domain and natural resources;
4.) Personal, family, and property relations;
5.) Regional, urban, and rural planning development;
6.) Economic, social, and tourism development;
7.) Educational policies;
8.) Preservation and development of the cultural heritage; and
9.) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the region.

Conflict of Laws.
o Legislation passed within autonomous regions MAY be in
conflict with the Constitution or the national laws.
o In resolving this dispute:
Constitution shall ALWAYS prevail (ex. Full
extent of religious freedom must be recognized
even in areas where a principal basis for the
autonomy is religious homogeneity) [the state of
having identical cumulative distribution function
or values]
o In resolving national laws vs. local laws,
there are factors to be considered:
a.) Matter could necessitate the weighing of the values
involved
b.) Adjustment of national laws to cater constitutional
desire for local laws in various aspects

BUNALES. CASTILLO. HICBAN. MOLAER. SO CHAN. VON ARX.
Enumeration given in Section 20 regarding the Organic Act given
to the regional autonomy is NOT exhaustive. It is a POLITICAL
signal that the Constitution is giving much importance given the
nature of regional autonomy.

CASES:

A. Pandi vs. Court of Appeals

Organic acts cannot be amended by an ordinary statute
Its only through a plebiscite called for that purpose that it can be amended.
Creation of Districts
o Only CONGRESS may create provinces and cities
(includes creation of legislative districts)- Based on
Article VI, Sec. 5
o ARMM CANNOT create such legislative districts
Section 21.
The Preservation of peace and order within the regions shall be the
responsibility of the local police agencies which shall be organized,
maintained, supervised and utilized in accordance with applicable laws.
The defense and security of the regions shall be the responsibility of the
National Government.
Autonomous regions as still within the purview of the President,
they are still part of the Republic.