Chiongbian V Orbos Case Digest

Chiongbian vs Orbos authorizing the President of the Philippines to "merge"
GR No. 96754, June 22, 1995 by administrative determination the regions remaining
after the establishment of the Autonomous Region, and
Doctrine: the Executive Order issued by the President pursuant
to such authority.
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 ISSUE/S:
traditionally been lodged with the President to facilitate (1) Whether the power to "merge" administrative
the exercise of the power of general supervision over regions is legislative in character
local governments [see Art. X, §4 of the Constitution]." (2) Whether the power granted authorizes the
reorganization even of regions the provinces and cities
The regions themselves are not territorial and in which either did not take part in the plebiscite on the
political divisions like provinces, cities, municipalities creation of the Autonomous Region or did not vote in
and barangays but are "mere groupings of contiguous favor of it
provinces for administrative purposes." The power
conferred on the President is similar to the power to
adjust municipal boundaries which has been described RULING:
in Pelaez v. Auditor General or as "administrative in
nature." 1. Yes, it is legislative in character.
The creation and subsequent reorganization of
While Art. XIX, §13 provides that "The administrative regions have been by the President
provinces and cities which do not vote for inclusion in pursuant to authority granted to him by law. In
the Autonomous Region shall remain in the existing conferring on the President the power "to merge [by
administrative regions," this provision is subject to the administrative determination] the existing regions"
qualification that "the President may by administrative following the establishment of the Autonomous Region
determination merge the existing regions." This means in Muslim Mindanao, Congress merely followed the
that while non-assenting provinces and cities are to pattern set in previous legislation dating back to the
remain in the regions as designated upon the creation initial organization of administrative regions in 1972.
of the Autonomous Region, they may nevertheless be The choice of the President as delegate is
regrouped with contiguous provinces forming other logical because the division of the country into regions
regions as the exigency of administration may require. is intended to facilitate not only the administration of
local governments but also the direction of executive
departments which the law requires should have
FACTS: regional offices.
Congress passed R.A. No. 6734, the Organic As this Court observed in Abbas, "while the power to
Act for the Autonomous Region in Muslim Mindanao, merge administrative regions is not expressly provided
calling for a plebiscite to be held in several cities and for in the Constitution, it is a power which has
provinces. In the ensuing plebiscite held on November traditionally been lodged with the President to facilitate
16, 1989, four provinces voted in favor of creating an the exercise of the power of general supervision over
autonomous region. These are the provinces of Lanao local governments [see Art. X, §4 of the Constitution]."
del Sur, Maguindanao, Sulu and Tawi-Tawi. In The regions themselves are not territorial and political
accordance with the constitutional provision, these divisions like provinces, cities, municipalities and
provinces became the Autonomous Region in Muslim barangays but are "mere groupings of contiguous
Mindanao. provinces for administrative purposes." The power
conferred on the President is similar to the power to
On the other hand, Art. XIX, § 13 of R.A. No. adjust municipal boundaries which has been described
6734 provides that those provinces and cities which did in Pelaez v. Auditor General or as "administrative in
not vote for inclusion in the Autonomous Region shall nature."
remain in the existing administrative regions, however,
the President may, by administrative determination 2. Yes, the power granted authorizes the reorganization
merge the existing regions. even of regions the provinces and cities in which either
did not take part in the plebiscite on the creation of the
On October 12, 1990 President Corazon C. Autonomous Region or did not vote in favor of it
Aquino issued Executive Order No. 429, "providing for
the Reorganization of the Administrative Regions in While Art. XIX, §13 provides that "The provinces and
Mindanao." cities which do not vote for inclusion in the Autonomous
Region shall remain in the existing administrative
Hence, petitioners challenged the validity of a regions," this provision is subject to the qualification
provision of the Organic Act for the Autonomous that "the President may by administrative determination
Region in Muslim Mindanao (R.A. No. 6734), merge the existing regions." This means that while non-
assenting provinces and cities are to remain in the
regions as designated upon the creation of the
Autonomous Region, they may nevertheless be
regrouped with contiguous provinces forming other
regions as the exigency of administration may require.
The regrouping is done only on paper. It

involves no more than are definition or redrawing of the
lines separating administrative regions for the purpose
of facilitating the administrative supervision of local
government units by the President and insuring the
efficient delivery of essential services. There will be no
"transfer" of local governments from one region to
another.
To be fundamental reason Art. XIX, §13 is not

so limited. But the more fundamental reason is that the
President's power cannot be so limited without
neglecting the necessities of administration. It is
noteworthy that the petitioners do not claim that the
reorganization of the regions in E.O. No. 429 is
irrational. The fact is that, as they themselves admit,
the reorganization of administrative regions in E.O. No.
429 is based on relevant criteria, to wit: (1) contiguity
and geographical features; (2) transportation and
communication facilities; (3) cultural and language
groupings; (4) land area and population; (5) existing
regional centers adopted by several agencies; (6)
socio-economic development programs in the

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Chiongbian vs Orbos authorizing the President of the Philippines to "merge"

The regrouping is done only on paper. It

To be fundamental reason Art. XIX, §13 is not

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