Disomangcop vs DPWH Secretary, GR 149848, 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. Consequently, DO 119 entitled "Creation of
Marawi Sub-District Engineering Office." was issued by DPWH Sec. Vigilar last May 20, 1999,
which is in accordance with the E.O 124. 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 del Sur. 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
entitled An act establishing an engineering district as the first district of Lanao Del Sur and
appropriating funds therefor. 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.
Disomangcop and Dimalotang sin their capacity as Officer-in-Charge 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. Moreover they sought mainly the
following relief: to prohibit respondent DPWH Secretary from implementing D.O 119 and R.A
8999 and releasing funds for public work projects intended for Lanao Del Sur and Marawi City
to the Marawi Sub-District Engineering Office and other administrative regions of DPWH.
ISSUE
WON DO 119 and RA 8999 are both invalid and constitutionally infirm
HELD
Yes, Republic Act 8999 never became an operative and was superseded or repealed by
Republic Act 9054. RA 8999 is patently inconsistent with RA 9054 which is a later law. RA
9054, which is anchored on the 1987 Constitution advances the constitutional grant of autonomy
by detailing the powers of the ARMM which covers among others Lanao del Sur. However, RA
8999 ventures to re-establish the National Government's jurisdiction over the infrastructure

programs in Lanao del Sur. RA 8999 is patently inconsistent with RA 9054, and it destroys the
latter law's objective of devolution of the functions of DPWH in line with the policy of the
Constitution to grant LGUs meaningful and authentic regional autonomy.
DO 119 creating the Marawi Sub-District Engineering Office which has jurisdiction over
infrastructure projects within Marawi City and Lanao del Sur is violate of the provisions of EO
426 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 a duplication. The DO
in effect takes back powers which have been previously devolved under EO 426. RA 9054
however has repealed DO Department Order 119.
Thus, R.A 8999 is antagonistic to and cannot be reconciled with both ARMM Organic
Acts. It contravened true decentralization which is the essence of regional autonomy. And, D.O
were issued unconstitutional and were issued grave abuse of discretion