DISOMANGCOP v.
SEC of DPWH Muslim Mindanao under the Autonomous Regional
November 25, 2004| Tinga, J. | ARMM
Digester: Yee, Jenine
SUMMARY: EO 642 was issued which placed the control and
supervision of the offices of DPWH within ARMM under the
Autonomous Regional Government, specifically DPWH-ARMM. DO
119 was subsequently issued which created a Marawi Engineering
Office which shall have jurisdiction over all projects under DPWH
within Marawi City, a city which would later form part of the
ARMM. RA 8999 was later approved which established an
engineering district in the province of Lanao del Sur, a province
part of the ARMM. RA 9054 was passed amending the Organic Act
of the ARMM (RA 6734). It was ratified in a plebiscite. The City of
Marawi now form part of the ARMM. Consequently petitioners
engineers for DPWH-ARMM filed petition for certiorari,
prohibition, mandamus with prayer for TRO/WPI. SC granted
petition except mandamus. SC did not declare RA 8999
unconstitutional because law never became operative
DOCTRINE: Worthy of note is that the area of public works is not
excluded and neither is it reserved for the National Government
under Section 18 and 20 of the Constitution
FACTS:
For the first time in its history after three Constitutions, the
Philippines ordained the establishment of regional autonomy
with the adoption of the 1987 Constitution. Sections 1and 15,
Article X mandate the creation of autonomous regions in
Muslim Mindanao and in the Cordilleras. To effectuate this
mandate, the Charter devotes a number of provisions under
Article X.
Pursuant to the constitutional mandate, Republic Act No.
6734 (R.A. 6734), entitled An Act Providing for An Organic Act
for the Autonomous Region in Muslim Mindanao, was enacted
and signed into law. The law called for the holding of a
plebiscite in several provinces.
In the ensuing plebiscite, only four (4) provinces voted for the
creation of an autonomous region, among which is Lanao del
Sur. These provinces became the Autonomous Region in
Muslim Mindanao (ARMM).
In accordance with R.A. 6734, Executive Order No. 426 (E.O.
426) was issued, which placed the control and supervision of
the Offices of the DPWH within the Autonomous Region in
Government.
Nearly nine (9) years later, DPWH Secretary issued D.O. 119
created Marawi Sub-District Engineering Office which shall
have jurisdiction over all national infrastructure projects under
the DPWH within Marawi City and the province of Lanao del
Sur.
Almost two (2) years later, then President Joseph E. Estrada
approved and signed into law R.A. 8999, which is an act
establishing an engineering district in the first district of the
province of lanao del sur and appropriating funds therefor (see
notes for law)
Congress later passed Republic Act No. 9054 (R.A. 9054),
which amended the act providing for ARMM or RA 6734. R.A.
9054 contains detailed provisions on the powers of the
Regional Government and the retained areas of governance of
the National Government.
R.A. 9054 lapsed into law. It was ratified in a plebiscite held.
The province of Basilan and the City of Marawi also voted to
join ARMM on the same date. R.A. 6734 and R.A. 9054 are
collectively referred to as the ARMM Organic Acts.
Petitioners Arsadi M. Disomangcop (Disomangcop) and Ramir
M. Dimalotang (Dimalotang) addressed a petition to then
DPWH Secretary Simeon A. Datumanong, seeking the
revocation of D.O. 119 and the non-implementation of R.A.
8999. No action, however, was taken on the petition.
Consequently, petitioners Disomangcop and Dimalotang filed
the instant petition for certiorari, prohibition and mandamus
with prayer for a temporary restraining order and/or writ of
preliminary injunction, in their capacity as Officer-in-Charge
and District Engineer/Engineer II, respectively, of the First
Engineering District of the Department of Public Works and
Highways, Autonomous Region in Muslim Mindanao (DPWH-
ARMM) in Lanao del Sur.
They challenge the constitutionality and validity of R.A. 8999
D.O. 119 on the subject, Creation of Marawi Sub-District
Engineering Office.
PETITIONERS: The challenged Department Order has tasked
the Marawi Sub-District Engineering Office with functions that
have already been devolved to the DPWH-ARMM First
Engineering District in Lanao del Sur.
RULING; WHEREFORE, considering that Republic Act No. 9054
repealed Republic Act No. 8999 and rendered DPWH Department
Order No. 119 functus officio, the petition insofar as it seeks the
writs of certiorari and prohibition is GRANTED. Accordingly, let a
writ of prohibition ISSUE commanding respondents to desist from
implementing R.A. 8999 and D.O. 119, and maintaining the DPWH
Marawi Sub-District Engineering Office and the First Engineering
District of the Province of Lanao del Sur comprising the City of
Marawi and the municipalities within the First District of Lanao
del Sur. However, the petition insofar as it seeks a writ of
mandamus DENIED. There is no similar basis for the issuance of a
writ of mandamus to compel respondent DBM Secretary to release
funds appropriated for public works projects in Marawi City and
Lanao del Sur to the DPWH-ARMM. Section 20, Article VI of R.A.
9054 clearly provides that (f)unds for infrastructure in the
autonomous region allocated by the central government or
national government shall only be appropriated through a
Regional Assembly Public Works Act passed by the Regional
Assembly. There is no showing that such Regional Assembly Public
Works Act has been enacted.
Whether the case involves a justiciable controversyYES?
Because issues with GAD
SC did not explain why but will later say that the lis mota
requirement not met
Jurisprudence has laid down the following requisites for the
exercise of judicial power: First, there must be before the
Court an actual case calling for the exercise of judicial review.
Second, the question before the Court must be ripe for
adjudication. Third, the person challenging the validity of the
act must have standing to challenge. Fourth, the question of
constitutionality must have been raised at the earliest
opportunity. Fifth, the issue of constitutionality must be the
very lis mota of the case.
In seeking to nullify acts of the legislature and the executive
department on the ground that they contravene the
Constitution, the petition no doubt raises a justiciable
controversy. As held in Tanada v. Angara, The Court will strike
down actions of the legislature only on either of two grounds:
(1) unconstitutionality or illegality and (2) grave abuse of
discretion.
There is grave abuse of discretion when respondent acts in a
capricious or whimsical manner in the exercise of its judgment
as to be equivalent to lack of jurisdiction.
Whether petitioners has standingYES, petitioners are in
danger of being removed from jobs
A party challenging the constitutionality of a law, act, or
statute must show not only that the law is invalid, but also that
he has sustained or is in immediate, or imminent danger of
sustaining some direct injury as a result of its enforcement,
and not merely that he suffers thereby in some indefinite way.
He must show that he has been, or is about to be, denied some
right or privilege to which he is lawfully entitled, or that he is
about to be subjected to some burdens or penalties by reason
of the statute complained of.
But in several cases, the Court has adopted a liberal stance on
the locus standi of a petitioner where the petitioner is able to
craft an issue of transcendental significance to the people.
In the instant case, petitioners Disomangcop holds the
positions in DPWH-ARMM in Lanao del Sur. Both are charged
with the duty and responsibility of supervising and
implementing all public works projects to be undertaken and
being undertaken in Lanao del Sur which is the area of their
jurisdiction.
As the offices created under DO 119 and RA 8999 have
apparently been endowed with functions almost identical to
those of DPWH-ARMM First Engineering District in Lanao del
Sur, it is likely that petitioners are in imminent danger of being
eased out of their duties and, not remotely, even their jobs.
Their material and substantial interests will definitely be
prejudiced by the enforcement of D.O. 119 and R.A. 8999. Such
injury is direct and immediate. Thus, they can legitimately
challenge the validity of the enactments subject of the instant
case.
Republic Act No. 8999not operative and repealed by RA
9054
At the outset, let it be made clear that it is not necessary
to declare R.A. No. 8999 unconstitutional for the
adjudication of this case. The accepted rule is that the Court
will not resolve a constitutional question unless it is the lis
mota of the case, or if the case can be disposed of or settled on
other grounds.
The plain truth is the challenged law never became
operative and was superseded or repealed by a
subsequent enactment.
I. NO PLEBISCITE
 While the ARMM Organic Acts are classified as statutes,
the Organic Acts are more than ordinary statutes
because they enjoy affirmation by a plebiscite. Hence, the
provisions thereof cannot be amended by an ordinary
statute, such as R.A. 8999 in this case. The amendatory
law has to be submitted to a plebiscite.
We quote excerpts of the deliberations of the Constitutional
Commission: (see full case for entire excerpt)
o FR. BERNAS. Finally, if we are going to amend
this organic act, what process will be followed?
o MR. NOLLEDO. First, only the people who are
residing in the units composing the regions should
be allowed to participate in the plebiscite. Second,
the organic act has the character of a charter passed
by the Congress, not as a constituent assembly, but
as an ordinary legislature and, therefore, the
organic act will still be subject to amendments in the
ordinary legislative process as now constituted,
unless the Gentlemen has another purpose.
o FR. BERNAS. But with plebiscite again.
Although R.A. 9054 was enacted later, it reaffirmed the
imperativeness of the plebiscite requirement. In fact, R.A. 9054
itself, being the second or later ARMM Organic Act, was
subjected to and ratified in a plebiscite.
As applied
The first ARMM Organic Act, R.A. 6074, devolved the functions
of the DPWH in the ARMM which includes Lanao del Sur
(minus Marawi City at the time) to the Regional Government.
By creating an office with previously devolved functions,
R.A. 8999, in essence, sought to amend R.A. 6074. The
amendatory law should therefore first obtain the approval of
the people of the ARMM before it could validly take effect.
Absent compliance with this requirement, R.A. 8999 has not
even become operative.
II. RA 9054 repealed RA 8999
From another perspective, R.A. 8999 was repealed and
superseded by R.A. 9054. Where a statute of later date
clearly reveals an intention on the part of the legislature
to abrogate a prior act on the subject, that intention
must be given effect.
Implied repeal by irreconcilable inconsistency takes place
when the two statutes cover the same subject matter; they are
clearly inconsistent and incompatible with each other that they
cannot be reconciled or harmonized; and both cannot be given
effect, that is, that one law cannot be enforced without
nullifying the other.
As applied
R.A. 9054 is anchored on the 1987 Constitution. It advances
the constitutional grant of autonomy by detailing the powers of
the ARG covering, among others, Lanao del Sur and Marawi
City, one of which is its jurisdiction over regional urban and
rural planning. R.A. 8999, however, ventures to reestablish the
National Governments jurisdiction over infrastructure
programs in Lanao del Sur. R.A. 8999 is patently
inconsistent with R.A. 9054, and it destroys the latter
laws objective.
Clearly, R.A. 8999 is antagonistic to and cannot be reconciled
with both ARMM Organic Acts, R.A. 6734 and R.A. 9054. The
kernel of the antagonism and disharmony lies in the
regional autonomy which the ARMM Organic Acts ordain
pursuant to the Constitution. On the other hand, R.A.
8999 contravenes true decentralization which is the
essence of regional autonomy.
III. Regional Autonomy Under R.A. 6734 and R.A. 9054 RA
9054 devolved administrative management of public works
to the Autonomous Regional Government but RA 8999 takes
power away
(Deleted a lot already)
The 1987 Constitution mandates regional autonomy to give a
bold and unequivocal answer to the cry for a meaningful,
effective and forceful autonomy.[According to Commissioner
Jose Nolledo, Chairman of the Committee which drafted the
provisions, it is an indictment against the status quo of a
unitary system that, to my mind, has ineluctably tied the hands
of progress in our country . . . our varying regional
characteristics are factors to capitalize on to attain national
strength through decentralization.
The idea behind the Constitutional provisions for
autonomous regions is to allow the separate development
of peoples with distinctive cultures and traditions.These
cultures, as a matter of right, must be allowed to
flourish.
Autonomy, as a national policy, recognizes the wholeness of the
Philippine society in its ethnolinguistic, cultural, and even
religious diversities. It strives to free Philippine society of the
strain and wastage caused by the assimilationist approach.
 Policies emanating from the legislature are invariably
assimilationist in character despite channels being open for
minority representation. As a result, democracy becomes an
irony to the minority group
Several commissioners echoed the pervasive sentiment in the
plenary sessions in their own inimitable way.
o Commissioner Blas Ople referred to the
recognition that the Muslim Mindanao and the
Cordilleras do not belong to the dominant national
community as the justification for conferring on
them a measure of legal self-sufficiency, with the
hope that after achieving parity with the rest of the
country they would give up their own autonomous
region in favor of joining the national mainstream.
o Commissioner BennagenThey see regional
autonomy as the answer to their centuries of
struggle against oppression and exploitation. The
right to property, regalian doctrine, and public
interest had been used for the violation of their
human rights.
The need for regional autonomy is more pressing in the case of
the Filipino Muslims and the Cordillera people who have been
fighting for it. Their political struggle highlights their
unique cultures and the unresponsiveness of the unitary
system to their aspirations.
However, the creation of autonomous regions does not
signify the establishment of a sovereignty distinct from
that of the Republic, as it can be installed only within the
framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic
of the Philippines.
Regional autonomy is the degree of self-determination
exercised by the local government unit vis--vis the central
government.
Regional autonomy refers to the granting of basic
internal government powers to the people of a particular
area or region with least control and supervision from
the central government.
In the Philippine setting, regional autonomy implies the
cultivation of more positive means for national
integration. It would remove the wariness among the
Muslims, increase their trust in the government and pave
the way for the unhampered implementation of the
development programs in the region. Again, even a
glimpse of the deliberations of the Constitutional
Commission could lend a sense of the urgency and the
inexorable appeal of true decentralization:
Commissioner Blas Ople We are writing a peace Constitution.
We are providing for autonomous regions so that we give
constitutional permanence to the just demands and grievances
of our own fellow countrymen in the Cordilleras and in
Mindanao.
A necessary prerequisite of autonomy is decentralization.
Decentralization is a decision by the central government
authorizing its subordinates, whether geographically or
functionally defined, to exercise authority in certain areas. It
involves decision-making by subnational units. It is typically a
delegated power, wherein a larger government chooses to
delegate certain authority to more local governments.
Federalism implies some measure of decentralization,
but unitary systems may also decentralize.
Decentralization differs intrinsically from federalism in
that the sub-units that have been authorized to act (by
delegation) do not possess any claim of right against the
central government.
SC then discussed that decentralization comes in two forms
deconcentration and devolution. (see notes)
Cordillera Broad Coalition v. Commission on Audit: the
creation of autonomous regions contemplates the grant of
political autonomy an autonomy which is greater than the
administrative autonomy granted to local government units.
And by regional autonomy, the framers intended it to mean
meaningful and authentic regional autonomy.
To this end, Section 16, Article X limits the power of the
President over autonomous regions. In essence, the
provision also curtails the power of Congress over
autonomous regions
The diminution of Congress powers over autonomous regions
was confirmed in Ganzon v. Court of Appeals. herein this Court
held that the omission (of as may be provided by law) signifies
nothing more than to underscore local governments autonomy
from Congress and to break Congress control over local
government affairs.
This is true to subjects over which autonomous regions
have powers, as specified in Sections 18 and 20, Article X
of the 1987 Constitution (see notes). Expressly not
included therein are powers over certain areas. Worthy of
 note is that the area of public works is not excluded and
neither is it reserved for the National Government.
E.O. 426 officially devolved the powers and functions of the
DPWH in ARMM to the Autonomous Regional Government
(ARG). (see notes for Sections 1 and 2)
More importantly, Congress itself through R.A. 9054
transferred and devolved the administrative and fiscal
management of public works and funds for public works
to the ARG. Section 20, Article VI of R.A. 9054 provides:
SEC. 20. Annual Budget and Infrastructure Funds.
The aim of the Constitution is to extend to the autonomous
peoples, the people of Muslim Mindanao in this case, the right
to self-determinationa right to choose their own path of
development; the right to determine the political, cultural and
economic content of their development path within the
framework of the sovereignty and territorial integrity of the
Philippine Republic.
In treading their chosen path of development, the Muslims in
Mindanao are to be given freedom and independence with
minimum interference from the National Government. This
necessarily includes the freedom to decide on, build,
supervise and maintain the public works and
infrastructure projects within the autonomous region.
The devolution of the powers and functions of the DPWH
in the ARMM and transfer of the administrative and
fiscal management of public works and funds to the ARG
are meant to be true, meaningful and unfettered. This
unassailable conclusion is grounded on a clear consensus,
reached at the Constitutional Commission and ratified by the
entire Filipino electorate, on the centrality of decentralization
of power as the appropriate vessel of deliverance for Muslim
Filipinos and the ultimate unity of Muslims and Christians in
this country.
With R.A. 8999, however, this freedom is taken away, and
the National Government takes control again. The hands,
once more, of the autonomous peoples are reined in and
tied up.
The challenged law creates an office with functions and
powers which, by virtue of E.O. 426, have been previously
devolved to the DPWH-ARMM, First Engineering District
in Lanao del Sur.
The use of the word powers in E.O. 426 manifests an
unmistakable case of devolution.
In this regard, it is not amiss to cite Opinion No. 120, S. 1991of
the Secretary of Justice on whether the national departments
or their counterpart departments in the ARG are responsible
for implementation of roads, rural water supply, health,
education, women in development, agricultural extension and
watershed management. Referring to Section 2, Article V of
R.A. 6734, he states that the ARG shall have powers of certain
areas except for the areas of executive powers mentioned. He
noted that programs relative to infrastructure facilities, health,
education, women in development, agricultural extension and
watershed management do not fall under the area of executive
powers. Thus, the inevitable conclusion is that all these
spheres of executive responsibility have been transferred
to the ARG.
Reinforcing the aboveview (sic) are the various executive
orders issued by the President providing for the devolution of
the powers and functions of specified executive departments of
the National Government to the ARG. (see notes)
E.O. 426 was issued to implement the provisions of the first
ARMM Organic Act.
Evidently, the intention is to cede some, if not most, of
the powers of the national government to the
autonomous government in order to effectuate a
veritable autonomy. The continued enforcement of R.A.
8999, therefore, runs afoul of the ARMM Organic Acts
and results in the recall of powers which have previously
been handed over. This should not be sanctioned,
elsewise the Organic Acts desire for greater autonomy
for the ARMM in accordance with the Constitution would
be quelled. It bears stressing that national laws are
subject to the Constitution one of whose state policies is
to ensure the autonomy of autonomous regions. Section
25, Article II of the 1987 Constitution states:
Sec. 25. The State shall ensure the autonomy of local
governments.
R.A. 8999 has made the DPWH-ARMM effete and rendered
regional autonomy illusory with respect to infrastructure
projects. Apparently, in the legislatures estimation, the existing
DPWH-ARMM engineering districts failed to measure up to the
task. The precipitate speed which characterized the passage of
R.A. 8999 is difficult to comprehend since R.A. 8999 could have
resulted in the amendment of the first ARMM Organic Act and,
therefore, could not take effect without first being ratified in a
plebiscite. What is more baffling is that in March 2001, or
 barely two (2) months after it enacted R.A. 8999 Congress
passed R.A. 9054, the second ARMM Organic Act, where it
reaffirmed the devolution of the DPWH in ARMM, including
Lanao del Sur and Marawi City, to the Regional Government
and effectively repealed R.A. 8999.
DPWH Department Order No. 119
I. DO 119 contrary to EO 426
D.O. 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
E.O. 426. E.O. 426 sought to implement the transfer of the
control and supervision of the DPWH within the ARMM to the
Autonomous Regional Government. Accordingly, the First
Engineering District of the DPWH-ARMM in Lanao del Sur has
jurisdiction over the public works within the province.
The office created under D.O. 119, having essentially the same
powers, is a duplication of the DPWH-ARMM First Engineering
District in Lanao del Sur formed under the aegis of E.O. 426.
The department order, in effect, takes back powers which
have been previously devolved under the said executive
order. D.O. 119 runs counter to the provisions of E.O. 426. The
DPWHs order, like spring water, cannot rise higher than
its source of power the Executive.
II. EO 426 prevails over EO 124, upon which DO 119 was
based
OSG: DO was issued in accordance with Executive Order No.
124
It is a finely-imbedded principle in statutory construction
that a special provision or law prevails over a general
one. Lex specialis derogant generali.
As applied
E.O. No. 124, upon which D.O. 119 is based, is a general law
reorganizing the Ministry of Public Works and Highways while
E.O. 426 is a special law transferring the control and
supervision of the DPWH offices within ARMM to the
Autonomous Regional Government. The latter statute
specifically applies to DPWH-ARMM offices. E.O. 124 should
therefore give way to E.O. 426 in the instant case.
III. EO 124 repealed by subsequent ARMM Organic acts and
ratification in plebiscite.
In any event, the ARMM Organic Acts and their ratification in a
plebiscite in effect superseded E.O. 124. In case of an
irreconcilable conflict between two laws of different
vintages, the later enactment prevails because it is the
later legislative will.
Further, in its repealing clause, R.A. 9054 states that all laws,
decrees, orders, rules and regulations, and other issuances or
parts thereof, which are inconsistent with this Organic Act, are
hereby repealed or modified accordingly. With the repeal of
E.O. 124 which is the basis of D.O. 119, it necessarily follows
that D.O. 119 was also rendered functus officio by the ARMM
Organic Acts.
Whether respondents committed GAD in implementing RA
8999 and DO 119YES.
COURT: Without doubt, respondents committed grave abuse
of discretion. They implemented R.A. 8999 despite its
inoperativeness and repeal. They also put in place and
maintained the DPWH Marawi Sub-District Engineering Office
in accordance with D.O. 119 which has been rendered functus
officio by the ARMM Organic Acts
PETITIONERS: R.A. 8999 was signed into law under
suspicious circumstances hence GAD.
COURT: cannot inquire into the wisdom, merits, propriety or
expediency of the acts of the legislative branch.
PETITIONERS: Lack of consultation or public hearing with
the affected agency during the inception of the law
COURT: This does not render the law infirm. This Court holds
that the Congress did not transgress the Constitution nor any
statute or House Rule in failing to invite a resource person
from the DPWH-ARMM during the Committee meeting. Section
27, Rule VII of the Rules of the House only requires that a
written notice be given to all the members of a Committee. And
it must be emphasized that the questions of who to invite and
whether there is a need to invite resource persons during
Committee meetings should be addressed solely to Congress in
its plenary legislative powers.
NOTES:
Deconcentration is administrative in nature; it involves the
transfer of functions or the delegation of authority and
responsibility from the national office to the regional and local
offices. This mode of decentralization is also referred to as
administrative decentralization.
 Devolution, on the other hand, connotes political
decentralization, or the transfer of powers, responsibilities,
and resources for the performance of certain functions from
the central government to local government units.This is a
more liberal form of decentralization since there is an actual
transfer of powers and responsibilities. It aims to grant greater
autonomy to local government units in cognizance of their
right to self-government, to make them self-reliant, and to
improve their administrative and technical capabilities.
Autonomy is either decentralization of administration or
decentralization of power. There is 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. At the same time, it
relieves the central government of the burden of managing
local affairs and enables it to concentrate on national concerns.
The President exercises general supervision over them, but
only to ensure that local affairs are administered according to
law. He has no control over their acts in the sense that he can
substitute their judgments with his own.
Decentralization of power, on the other hand, involves an
abdication of political power in the favor of local government
units declared to be autonomous. In that case, the autonomous
government is free to chart its own destiny and shape its future
with minimum intervention from central authorities. According
to a constitutional author, decentralization of power amounts to
self-immolation, since in that event the autonomous
government becomes accountable not to the central authorities
but to its constituency.
SEC. 18.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
SEC. 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 organization;
(2) Creation of sources 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 general welfare of the people of the region.
EO 426
SECTION 1. Transfer of Control and Supervision. The
offices of the Department of Public Works and Highways
(DPWH) within the Autonomous Region in Muslim
Mindanao (ARMM) including their functions, powers and
responsibilities, personnel, equipment, properties,
budgets and liabilities are hereby placed under the
control and supervision of the Autonomous Regional
Government.
In particular, these offices are identified as the four (4)
District Engineering Offices (DEO) in each of the four
provinces respectively and the three (3) Area Equipment
Services (AES) located in Tawi-Tawi, Sulu and
Maguindanao (Municipality of Sultan Kudarat).
SEC. 2. Functions Transferred. The Autonomous Regional
Government shall be responsible for highways, flood control
and water resource development systems, and other public
works within the ARMM and shall exercise the following
functions:
1. Undertake and evaluate the planning, design, construction
and works supervision for the infrastructure projects whose
location and impact are confined within the ARMM;
2. Undertake the maintenance of infrastructure facilities within
the ARMM and supervise the maintenance of such local roads
and other infrastructure facilities receiving financial assistance
from the National Government;
3. Ensure the implementation of laws, policies, programs, rules
and regulations regarding infrastructure projects as well as all
public and private physical structures within the ARMM;
4. Provide technical assistance related to their functions to
other agencies within the ARMM, especially the local
government units;
5. Coordinate with other national and regional government
departments, agencies, institutions and organizations,
 especially the local government units within the ARMM in the
planning and implementation of infrastructure projects;
6. Conduct continuing consultations with the local
communities, take appropriate measures to make the services
of the Autonomous Regional Government responsive to the
needs of the general public and recommend such appropriate
actions as may be necessary; and
7. Perform such other related duties and responsibilities within
the ARMM as may be assigned or delegated by the Regional
Governor or as may be provided by law. (Emphasis supplied)
These are E.O. Nos. 425 (Department of Labor and
Employment, Local Government, Tourism, Environment and
Natural Resources, Social Welfare and Development and
Science and Technology), 426 (Department of Public Works and
Highways), 459 (Department of Education, Culture and Sports)
and 460 (Department of Agriculture). The execution of projects
on infrastructure, education, women, agricultural extension
and watershed management within the Autonomous Region of
Muslim Mindanao normally fall within the responsibility of one
of the aforementioned executive departments of the National
Government, but by virtue of the aforestated EOs, such
responsibility has been transferred to the ARG.