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LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions

Galarosa vs. Valencia (1993) Galarosa was incumbent president of the katipunang bayan or Association of Barangay Councils (ABC) of Sorsogon and was appointed ex officio member of the Sangguniang Bayan (SB) of Sorsogon pursuant to EO 342. Lasay filed for declaratory relief saying that Galarosa's term as an ex officio member of the SB of Sorsogon is coterminous with that of the said SB w/c expired on june 30. Issue: WON Galarosa can continue to serve as a member of the SB beyond 30 June 1992, the date when the term of office of the elective members of the SB of Sorsogon expired. YES. Yes, on the basis of the "hold-over doctrine". There is no law which prohibits them from holding over as members of the sangguniang bayan. In fact, the IRR of the LGC and two DILG Memorandum Circulars even expressly allow that hold-over authority to ABC presidents. The purpose of a hold-over is to prevent a hiatus in the government pending the time when the successor may be chosen and inducted into office. Section 494 of the Local Government Code could not have been intended to allow a gap in the representation of the barangays, through the presidents of the ABC, in the sanggunian.

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the Liga is first adopted and ratified by the incumbent members of the board of the Pambansang Katipunang ng mga Barangay (the members of the board were the presidents of the chapters). Inasmuch as no constitution and by-laws had been drafted by the committee and ratified by the barangay national assembly when the said Ad Hoc Committee of QC met on April 1992, the said meeting and the elections conducted therein were invalid. Disposition: Granted. CA decision REVERSED.

Viola vs. Alunan III (1997) Cesar G. Viola, filed petition for prohibition challenging the validity of Art. III, 1-2 of the Revised Implementing Rules and Guidelines for the General Elections of the Liga ng mga Barangay Officers in so far as they provide for the election of first, second and third vice presidents and for auditors for the National Liga ng mga Barangay and its chapters.

Issue: WON 1-2 of the Implementing Rules are valid. YES. The creation of the additional positions is authorized by 493 of LGC w/cn in fact requires and not merely authorizes the board of directors to "create such other positions as it may deem necessary for the management of the chapter" and belies petitioner's claim that 493 limits the officers of a chapter to the president, VP, 5 members of the board of directors, secretary, and treasurer. Also, the creation of these positions was actually made in the constitution and by-laws of the Liga ng mga Barangay adopted by the 1st Brgy National Assembly. Congress can delegate the power to create positions such as these. 493 embodies a fairly intelligible standard deemed necessary for the management of the chapters,". There is no undue delegation of power by Congress. SC decisions have upheld the validity of reorganization statutes authorizing the President of the Philippines to create, abolish or merge offices in the executive department.

NOTES: Q: Is this doctrine still relevant? A: Yes, because the local electons and the liga elections not held at the same date. Thus, they dont assume office at the same date.

Miguel vs. CA (1994) Petitioner was the president of the PKB- Quezon City chapter and as such was the ex-officio member of the Sangguniang Pambayan. Against his wishes, the members conducted a meeting at the Jade Garden Restaurant and provided for a new set of officers with respondent Rilon being elected president of the LIGA. They contend that these actions are within the purview of the LGC, which provides for the creation of the Liga ng mga Barangay, which supercedes the old PKB. The BOD of the KB issued a resolution declaring the meeting null and void. The AD HOC committee ignored the resolution and petitioners demands. Petitioner was likewise refused admission into the sessions of the Sangguniang Pambayan. TC and CA denied. Issue: WON the meeting and elections held by the AD HOC Committee was valid, and is so, petitioner remains as President of the KB. NO YES. Petitioner continues to be barangay chairman till the end of his term and President of the KB as well as interim member of the Sanggunian until replaced. The Oversight Committee saw the lacuna in terms of the vacancy resulting from the creation of the Liga and thus provided in the IRR of the LGC the hold-over capacity of the presidents of the KB until a new president is elected. Under the RRI (Rule 29) and several DILG Opinions, the election of the first set of officers of the national and local chapters of the Liga cannot be held unless a constitution and by-laws for

Bito-onon vs. Fernandez (2001) Bito-Onon was proclaimed winner as Executive VP of the Liga ng mga Brgy Provincial Chapter of Palawan. Quejano filed post proclamation protest w/ the Board of Election Supervisors (BES) which decided against him. Quejano filed petition for review w/ RTC. Onon filed MTD claiming that RTC have no JD to review BES decisions in any post proclamation protest. DILG MC 97-193: review of BES decision is w/ any regular courts Guidelines by the Liga: review of BES decision is w/ National Liga Board

Issue1: Does the presidents power of general supervision extend to the liga ng mga brgy which is not an LGU . YES.

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
DOJ ruled that the liga ng mga brgy is a govt organization, being an association, federation or league or union created by law or by authority of law whose members are either appointed or elected govt officals. The ligas are primarily governed by the LGC. However, their respective constitutions and by laws shall govern all matters affecting the internal organization of the liga not otherwise provided for in the LGC, provided that such consti and bylaws shall be suppletory to Book II Title VI of LGCode and shall always conform to Constitution and existing laws.

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upheld the circular, stating that it is within the general supervisory power of the president. DILG provides appointment of Rayos as ex-officious member of the sp and as qualified to run for the next Liga elections. DILG conducted synchronized elections. Issues: 1. WON the President has supervisory powers over the LIGA. YES - See bito-on. 2. WON the Memo Circular constituted control over the LIGA. YES - The power of the DILG is limited only to assuring that laws and the constitution and by-laws of the LIGA are followed. It substituted it's own judgment by implementing it's own rules, overruling acts done by the LIGA members and by appointing Rayos as ex-officious member of the sp.

Issue2: WON the guidelines issued by the DILG within its supervisory powers. NO. In authorizing the filing of the petition for review of BES decision w/ regular courts under MC 97-193 , the DILG sec in effect amended and modified the Guidelines promulgated by the Liga which provides that review of BES decision is w/ National Liga Board. The amendment of the guidelines is more than an exercise of supervision but is an exercise of the power of control w/c the president doesnt have over the liga.

NOTES

Liga ng mga Barangay National v. Atienza, jr.(2004) Atienza signed city ordinance into an executive order, which facilitates the conduct of liga chapter elections in Manila, petitioners contests this as an illegal encroachment upon the Liga's powers and is contrary to the constitution, section 496 of the LGC and the liga's bylaws. Original petition under rule 65 filed before the supreme court. Issues: 1. Won the availment of the special action of certiorari is proper in this case. NO The respondents were not exercising judicial or qj powers and can't be considered as belonging to a tribunal, board, or as officers. Declaratory relief, falling under the court's appellate jurisdiction, is the proper remedy. 2. Won there is a disregard of the hierarchy of courts. YES No special or important reason to condone such disregard. 3. Won petitioners are guilty of forum shopping. NO Different litigants.

Autonomous Region (AR) by itself is an LGU. But unlike other LGUs, AR has separate legal system. It has political as well as administrative autonomy. It can have its own LGC provided that it cannot decrease the power of local government officials and the IRA under the present LGC. The legislative powers of AR is limited by the Constitution and the Organic Act. 2 provinces can form AR. AR require plebiscite, therefor it is not automatic. Sir: What is the point of being an AR if the President can pry into internal affairs of AR?

Abbas vs. COMELEC (1989) Pursuant to Consti mandate, Congress enacted RA 6734 providing for an organic act for ARMM. To implement the act, plebescites in 13 provinces and 9 cities in Mindanao and Palawan were conducted. Under RA and Consti, the requirements for creation of autonomous region are 1. 2. creation shall take effect when approved by a majority of the votes cast by the constituent units in a plebiscite. Only provinces and cities where a majority vote in favor of the organic act shall be included in the autonomous region. a. b. The single plebiscite should be determinative of WON there shall be an autonomous region in Mindanao Which cities and provinces shall comprise it.

National Liga ng mga Barangay v. Perez (2004) Rayos contested the manner of notice, setting the venue and conduct of the elcetions of the Liga-Caloocan chapter. He filed a case for mandamus and prohibition. Since it followed through he sought the remedies of quo warranto, mandamus and peohibiton against David, Quimpo (presiding officer of sangguniang panlungsod) and secretary Barbers. Barbers requested the DILG to be appointed as Interim Caretaker of the Liga because of the prwvailing widespread confusion and chaos. DILG issued Memo Circular for that purpose and directed all LGUs to not recognize the election of officers or any act that they undertake. RTC judge

Abbas et. al. prayed that (1) the COMELEC be enjoined from conducting the plebiscite and

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
the DBM from releasing funds for said purpose; and (2) RA 6734 (ARMM act) be declared unconstitutional. Issue: WON RA 6734 is constitutional. YES. 1. Majority Vote - The majority required in consti for creation of region is a simple majority of votes approving the organic act in individual constituent units and not a double majority of votes in all constituent units put together as well as in the individual constituent units. 2. WON RA 6734 unconditionally creates the ARMM a. Art 2 Sec 1 itself refers to Sec 18 Art X of Consti which sets forth the conditions necessary for the creation of the autonomous region. b. Also there is a specific provision in the law's transitory provisions which incorporates substantially the same requirements embodied in the Consti. These clearly indicate that the creation of the same shall take place only in accord with the constitutional provisions. c. The creation of the autonomous region is made to depend on the will of the majority in each of the constituent units. Such is clearly the intention of the framers for if they intended to get the majority of the votes cast, they would simply have adopted the same phraseology as that used for the ratification of the Const where the phrase "by the constituent units" is not found. 3. WON the Congress has expanded the scope of ARMM which const itself prescribed to be limited - this is a political issue. Any review of such would have to go into the wisdom of the law which is violative of the principle of separation of powers. 4. Violation of exercise of free religion - there is no actual controversy between the litigants exist therefore the Court cannot be called upon to resolve what is merely perceived as a potential conflict between the provisions of the muslim code and national law. 5. President overstepped her power in merging regions - what is referred to in RA 6734 is the merger of administrative region which are not territorial and political subdivisions. While the power to merge administrative regions is not expressly provided for in the Consti, it is a power which has been traditionally lodged with the President to facilitate the exercise of the power of general supervision over local governments. 6. Oversight Committee results to delays - does not provide for a different date of effectivity. Neither would it be an impediment as its creation is aimed at effecting a smooth transition period for the regional government.

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authorized the payment of salaries and emoluments to a certain Abdula without authority from the Assembly. Limbona brought petition at SC.

Issue I : Won the expulsion of the petitioner has made the case moot and academic. NO. No showing that an investigation was conducted, nor was he afforded notice and hearing Reprisal for filing a case with the sc

Issue II : WON THE AUTONOMOUS GOVERNMENT OF MINDANAO SUBJECT TO THE JURISDICTION OF THE NATIONAL COURTS. YES. LGUs enjoy autonomy in either: (1) decentralization of administration an autonomous government is under the supervision of the national government acting through the president (and the Dept. of Local Government) If the Sangguniang Pampook is autonomous in this sense, it comes unarguably under the Courts jurisdiction.

(2) decentralization of power involves an abdication of political power. An autonomous government is subject alone to the decree of the organic act creating it and accepted principles on the effects and limits of autonomy. If the Sangguniang Pampook is autonomous in this sense, its acts are beyond the domain of the court in the same way that internal acts, say, of the Congress are beyond its jurisdiction.

An examination of PD No. 1618 creating the autonomous governments of Mindanao shows that they were never meant to exercise autonomy in the second sens e, that is, in which the central government commits an act of self-immolation. 1. 2. The P.D. mandates that the president shall have the power of general supervision and control over Autonomous Regions The Sangguniang Pampook, their legislative arm, is made to discharge chiefly administrative services.

Limbona vs. Mangelin (1989) Issue III: WON petitioners expulsion was valid. NO. Limbona was the Speaker of the regional Legislative Assemply of Central Mindanao. He was unable to attend a meeting of the Assembly in order to attend consulation on the legislative Committee on Muslim Affairs. Despite sending a notice to postpone the hearing, the Assembly pushed through and resolved to declare the seat of the speaker vacant. Upon petition for injunction the Sangguniang Pampook, Regional Autonomous Government, Region XII, representing Lanao del Sur expelled him from its membership on the ground that he NO RECESS - Sanggunian Rules provide that the Speaker may declare a recess of short intervals. Short intervals however only refer to brief pauses during sessions in order for the assembly to talk things through. Speaker also couldnt have called for a recess because the assembly was yet to convene. MEETINGS STILL INVALID recess unsettled. Invitation to attend legislative committee hearing plausible intermission. Assuming no valid recess,

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
no notice made by assembly regarding such. Speaker did not call recess to forestall his ouster. Disposition: GRANTED 2.

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health could assign him to any province within the region upon the recommendation of the Regional Director. Second Period Time after the enactment of the Organic Act of 1989 but before the adoption of the 1991 LGU Code -Under the Organic Act of 1989, the power of the Secretary of Health to appoint provincial health officers to a region, and to assign them to any province within the region, was not immediately devolved to the Regional Government. Third Period Time after the enactment of the 1991 LGU Code but before the adoption of the ARMM Local Code Under the 1991 LGU Code, the provincial health officers were made one of the officials the provincial government to be appointed by the provincial governor if his salary came mainly from provincial funds. However, the 1991 LGU Code, although a later law like the RAC, did not amend the Organic Act of 1989 because the Organic Act could only be amended through the ratification process laid out in the Organic Act itself.

Pandi vs. CA (2002) Regional Director + Sec. of DOH of the ARMM designated Pandi as OIC of the IPHO-APGH. RD detailed Sani to the DOH-ARMM in Cotabato City. Lanao Governor designated Saber as OIC of the IPHO. 3.

Sani filed a complaint with the RTC to contest his transfer, alleging that he is a holder of a permanent appointment as prov. Health officer of the IPHO. Saber filed a petition for quo warranto with the CA, claiming that he is the lawfully designated OIC of the IPHO.

FVR subsequently issued EO 133, transferring the powers and functions of the DOH in the region to the Regional Government of the ARMM. After several motions petitioner and Macacua filed a motion seeking dismissal based on the ground of the issuance of the ARMM Local Code. CA ruled against petitioners, stating that under the LGC, appointment of health officers now fall under the LGUs. EO 133 didnt render the case moot and academic. Devolution of power allows only supervision, and does not extend to cases of appointment. Moreover, the ARMM LC cannot prevail over the LGC. No express power was likewise given to the DOH Secretary to appoint petitioner. Issues: 1. 2. 3. Whether an incumbent provincial health officer of Lanao del Sur can be assigned to anoher province and if so, who can order such assignment Who can designate the OIC in the provincial health office of Lanao Del Sur (Gov or ARMM Sec of health) Who is empowered to appoint the provincial health officer of Lanao del Sur (Gov or ARMM Sec of health)

Thus, even after the passage of the 1991 LGU code, the Secretary of Health continued to be the appointing power of provincial health officers who remained national government officials. The Secretary also continued to exercise the authority to assign Executive Order No. 133 was issued finally transferring the powers and functions of the DOH in the Autonomous Region to the Regional Government. Upon the effectivity of this EO, the administrative authority of the Secretary of Health to assign provincial health officers to any province within a region was transferred to the ARMM Secretary of Health as the regional counterpart of the National Secretary of Health. 4. Fourth Period Time after the adoption o fthe ARMM Local Code but before the enactment of the Organic Act of 2001 Under the ARMM Local Code, the provincial health officer in the ARMM, previously a regional official, has also become a provincial government official. The Regional Governor appoints the provincial health officer from a list of 3 recommendees of the Provincial Governor. The ARMM local code provides that the salary of the provincial health officer shall be paid from regional funds. 5. Fifth Period Time after the enactment of the Organic Act of 2001 Under the Organic Act of 2001, the powers and functions of a Provincial Governor under the 1991 LGU Code are now enjoyed, as a minimum by the Provincial Governor in the ARMM. Thus,

The appointment and detailing of positions depend on which law is applicable at the time such appointment and detailing was made.

1.

First period Prior to the Organic Act of 1989 Governing law: E.O. No. 119 (Charter of the Department of Health). The Ministry of Health was the appointing power of provincial health officers who were in reality national government officials paid entirely from national funds. The appointment of a provincial health officer was to a specific region and the Minister (later Secretary) of

1. 2.

the provincial governor appoints the provincial health officer if the latters salary comes from provincial funds. If the provincial health officers salary comes mainly from regional funds, then the ARMM Local Code applies, in which case the Regional Governor is the

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
appointing power but he must appoint only from among the 3 nominees of the Provincial Governor 3. Moreover, the Provincial Governor exercises supervision and control over provincial health officer because the ARMM Local Code has classified him a s a provincial government official.

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E.O. 426 (Placing the Control and Supervision of the Offices of the Department of Public Works and Highways within the Autonomous Region in Muslim Mindanao under the Autonomous Regional Government, and for other purposes) issued by Pres. Aquino in accordance with R.A. 6734. ARMM was formally organized on November 1990, President Aquino having already signed 7 EO's devolving to ARMM the powers of 7 cabinet departments. D.O. 119 issued by DPWH Secretary Vigilar, which created the Marawi Sub-District Engineering Office, having jurisdiction over all national infrastructure projects and facilities under the DPWH within Marawi City and the province of Lanao del Sur. R.A. 8999 (An Act Establishing an Engineering District in the First District of the Province of Lanao del Sur and Appropriating Funds Therefor) enacted 2 years later. Sec. 3 of which states: SEC. 3. The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act... such sums as may be necessary for the maintenance and continued operation of the engineering district office shall be included in the annual General Appropriations Act. R.A. 9054 (An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734) Like its forerunner, 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. 6734 and R.A. 9054 are collectively referred to as the ARMM Organic Acts. Petitioners Disomangcop and Dimalotang filed the instant petition, in their capacity as Officer-in-Charge and District Engineer/Engineer II, respectively, of the First Engineering District of the DPWH-ARMM in Lanao del Sur. They sought mainly the following relief: (2) to prohibit respondent DPWH Secretary from implementing D.O. 119 and R.A. 8999 and releasing funds for public works projects intended for Lanao del Sur and Marawi City to the Marawi Sub-District Engineering Office and other administrative regions of DPWH... Petitioners allege that D.O. 119 was issued with grave abuse of discretion and that it violates the constitutional autonomy of the ARMM. They point out that 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. They also contend that R.A. 8999 is a piece of legislation that was not intelligently and thoroughly studied, and that the explanatory note to H.B. 995 from which the law originated is questionable. They assert that no public hearing nor consultation with the DPWH-ARMM was made. Respondents maintain the validity of D.O. 119, arguing that it was issued in accordance with E.O. 124. In defense of the constitutionality of R.A. 8999, they submit that the powers of the autonomous regions did not diminish the legislative power of Congress. They also contend that the petitioners have no locus standi or legal standing to assail the

This is the present state of law, which is actually the same as the law in the 4th period. The only difference is that the Regional Assembly cannot amend the ARMM Local Code to reduce or diminish this power of the Provincial Governor because this devolved power, emanating from the 1991 LGU Code, is now part of the Organic Act of 2001. A. Application to Saber - On September 15, 1993, the governor had no power to designate Saber as OIC of the IPHO, thus the designation is void. The PHO of Lanao became a provincial government official only after the effectivity of the ARMM LC. Application of LGC erroneous, LGC did not amend the Organic Act of 1989. Application to Sani assignment valid. Second assignment (reiteration) valid, passed after EO 133, which expressly transferred supervision and control over all functions and activities of the Regional Department of Health to the Head of the Regional Department of Health. Application to Pandi August 3, 1993 designation void since the Regional Secretary at that time did not yet exercise supervision and control over the provincial health offices of the ARMM. November 6, 1994 designation is valid since EO 133 has already been issued. All designations after ARMM LC by provincial governor. Disposition: Granted. Set aside.
NOTEs: AR allowed to legislate on their own, except that it must be consistent with the consti and the organic act. Steps to follow: a. Check where Local Gov official is set b. if ARMM, check their LGC c. If there is a provision in their LGC, check if consistent w/ Consti and Organic Act d. If no provision, assume that it is the same as RA 7160. e. If silent, make the necessary appointment.

B.

C.

DISOMANGCOP, ET AL V. DATUMANONG, ET AL. (25 Nov 2004) 1987 Constitution the Philippines ordained the establishment of regional autonomy. Sections 1 and 15, Article X mandate the creation of autonomous regions in Muslim Mindanao and in the Cordilleras. Subsequent laws enacted (in chronological order): R.A. 6734 (An Act Providing for An Organic Act for the ARMM) calling for the holding of a plebiscite in various provinces and cities in Mindanao. Only 4 provinces voted for the creation of an autonomous region: Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. These provinces became the ARMM.

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
constitutionality of the law and the department order. They note that petitioners have no personal stake in the outcome of the controversy.

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R.A. 9054 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, It contravenes true decentralization which is the essence of regional autonomy. The idea behind the Constitutional provisions for autonomous regions is to allow the separate development of peoples with distinctive cultures and traditions. These cultures must be allowed to flourish. Regional autonomy is also a means towards solving existing serious peace and order problems and secessionist movements. However, the creation of autonomous regions 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. The objective is to permit determined groups, with a common tradition and shared social-cultural characteristics, to develop freely their ways of life and heritage, exercise their rights, and be in charge of their own business. It implies the cultivation of more positive means for national integration. Decentralization is a decision by the central government authorizing its subordinates to exercise authority in certain areas. It is typically a delegated power, wherein a larger government chooses to delegate certain authority to more local governments. 2 forms: Deconcentration / administrative decentralization involves the transfer of functions or the delegation of authority and responsibility from the national office to the regional and local offices. Devolution connotes political decentralization; there is an actual transfer of powers and responsibilities; 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.

Issue 1: Is the case justiciable? YES. 1. Taada v. Angara: where an action of the legislative branch is seriously alleged to have infringed the Constitution, it becomes not only the right but in fact the duty of the judiciary to settle the dispute. In deciding to take jurisdiction over this petition questioning acts of the political departments of government, the Court will not review the wisdom, merits, or propriety thereof, but will strike them down only on either of two grounds: (1) unconstitutionality or illegality and (2) grave abuse of discretion. For an abuse to be grave, the power must be exercised in an arbitrary or despotic manner by reason of passion or personal hostility. The abuse of discretion must be patent and gross as to amount to an evasion of a positive duty, or a virtual refusal to perform the duty enjoined or to act in contemplation of law. 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. The creation of the Marawi Sub-District Engineering Office under D.O. 119 and the creation of and appropriation of funds to the First Engineering District of Lanao del Sur as directed under R.A. 8999 will affect the powers, functions and responsibilities of the petitioners and the DPWH-ARMM. As the two offices have apparently been endowed with functions almost identical to those of DPWH-ARMM First Engineering District in Lanao del Sur, 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.

2.

3.

4.

Issue 2: Whether R.A. 8999 and D.O. 119 are unconstitutional and were issued with grave abuse of discretion. YES. R.A. 8999 R.A. 8999 never became operative and was superseded or repealed by a subsequent enactment. The ARMM Organic Acts, being a part of the regional autonomy scheme, are more than ordinary statutes because they enjoy affirmation by a plebiscite. 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.

E.O. 426 officially devolved the powers and functions of the DPWH in ARMM to the Autonomous Regional Government (ARG). Also, 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. 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. With R.A. 8999, this freedom is taken away, and the National Government takes control again. The hands, once more, of the autonomous peoples are reined in and

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
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. R.A. 8999 has made the DPWH-ARMM effete and rendered regional autonomy illusory with respect to infrastructure projects. DPWH Department Order No. 119 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. 426which sought to implement the transfer of the control and supervision of the DPWH within the ARMM to the ARG. The office created under D.O. 119 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. The DPWHs order cannot rise higher than its source of power the Executive. The fact that the department order was issued pursuant to E.O. 124signed and approved by President Aquino in her residual legislative powersis of no moment. A special provision or law prevails over a general one. Lex specialis derogant generali.

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administrative purposes are groupings of contiguous provinces. Ifugao is a province by itself. 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 cultural heritage, economic and social structures and other relevant characteristics. The Constitutional requirements are not present in this case. 2. Powers and positions in regional government - Article III, Section 2 of RA 6766 also provides that the regional government shall exercise powers and functions necessary for the proper governance and development of all provinces, cities, municipalities, and barangay within the Autonomous Region. It would lead to the absurd situation wherein two sets of officials (one regional and one provincial) will exercise their powers over exactly the same small area. Positions: (Cordillera Assembly, Regional Planning and Development Board, Provincial Planning and Development Coordinator, Regional Commission on Appointments). 3.Initial organizational allocation too big - of 10 Million pesos cannot also be construed as funding only one province. 4. Ifugao not representative - Ifugao only has 11% of the population among the areas enumerated in RA 6766. 5. Abbas inapplicable although it tackled the question of majority votes, it did not contemplate the situation wherein only one province garnered a majority vote to be able to be included in the autonomous region.

Grave abuse of discretion 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. Disposition: GRANTED.

Cordillera Broad Coalition vs. COA (1990) Ordillo vs. COMELEC (1990) supra A plebiscite was conducted in the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao and Baguio City cast their votes in a plebiscite pursuant to R.A. No. 6766 (Oragnic Act of CAR). The COMELEC results of the plebiscite showed that only the Ifugao Province wanted the CAR. DOJ Sec. issued a memorandum for the President reiterating the COMELEC resolution and provided that since only the provinces and city voting favorably shall be included in the CAR, the province of Ifugao being the only province which voted favorably will alone, legally and validly constitute the CAR. Ordillo et. al, then, complains. After the 1996 EDSA Revolution, Balweg, broke off on ideological grounds from the CPPNPA. After President Aquino was installed into office, she advocated a policy of national reconciliation. The Cordillera Peoples Liberation Army (CPLA) heeded this call. Aqiuno and Balweg arrived at a joint agreement to draft an Executive Order to create a preparatory body that could perform policy-making and administrative functions and undertake consultations and studies leading to a draft organic act for the Cordilleras. Pursuant to the joint agreement, E.O. 220, creating the Cordillera Administrative Region (CAR) was signed into law. During the pendency of this case, R.A. No. 6766 (Organic Act of CAuR) was enacted and signed into law. The Act recognizes the CAR and the offices and agencies created under E.O. No. 220 and its transitory nature is reinforced. Petitioners contend that the issuance of the EO pre-empted Congress task.

Issue: WON the province of Ifugao, being the only province which voted favorably for the creation of the CAR can, alone, legally and validly constitute such Region. NO. 1. Keywords plural - The keywords in Art. X, Sec. 15, (Const) provinces, cities, municipalities and geographical areas connote that "region" is to be made up of more than one constituent unit. The term "region" used in its ordinary sense means 2 or more provinces. This is supported by the fact that the 13 regions into which the Philippines is divided for Issue I: WON EO 220 pre-empted Congress in its task to pass an organic law for the CAR. NO.

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
1. EO 220 merely preparatory it does not create the autonomous region contemplated in the Constitution. It merely provides for transitory measures in anticipation of the enactment of an organic act and the creation of an autonomous region. In short, it prepares the ground for autonomy. This does not necessarily conflict with the provisions of the Constitution on autonomous regions. The complex procedure for the creation of an autonomous region in the Cordilleras will take time. The President, in 1987 still exercising legislative powers, as the first Congress had not yet convened, saw it fit to provide for some measures to address the urgent needs of the Cordilleras in the meantime that the organic act had not yet been passed and the autonomous region created. These measures are in E.O. No. 220, and they do not violate the Constitution. The bodies created by E.O. No. 220 do not supplant the existing local governmental structure, nor are they autonomous government agencies - They merely constitute the mechanism for an "umbrella" that brings together the existing local governments, the agencies of the National Government, the ethno-linguistic groups or tribes, and NGOs in a concerted effort to spur development in the Cordilleras. No new territorial and political subdivisions - Neither did E.O. 220 contravene the Constitution by creating a new territorial and political subdivision. The CAR is not a public corporation or a territorial and political subdivision. It does not have a separate juridical personality, unlike provinces, cities and municipalities. Neither is it vested with the powers that are normally granted to public corporations (the power to sue and be sued, the power to own and dispose of property, the power to create its own sources of revenue, etc.). The CAR was created primarily to coordinate the planning and implementation of programs and services in the covered areas. 1.

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Autonomy for autonomous regions: political autonomy therefore the Constitution provides for a bsic structure consitting of an executive department and a legislative assembly and special courts CAR merely a transitory coordinating agency No showing how creation of CAR diminished the local autonomy of the covered provinces

2. 3.

Disposition; DISMISSED for lack of merit.

2.

Badua vs. Cordillera Bodong Association (1991) Spouses Badua, allegedly own a farm land in faraway Abra and were forcibly ejected from the land by virtue of a "decision" of the Cordillera Bodong Administration of the Cordillera People's Liberation Army. Fearful for his life, the brave Leonor Badua went into hiding while his wife, Rosa, was arrested by the Cordillera People's Liberation Army and detained for two days. The Baduas filed this petition.

3.

Issue: WON a tribal court of the Cordillera Bodong Administration can render a valid and executory decision in a land dispute. NO. In the Ordillo case, the creation of the Cordillera Autonomous Region was rejected by all the provinces and city of the Cordillera region, except Ifugao province, hence, the Cordillera Autonomous Region did not come to be. As a logical consequence of that judicial declaration, the Cordillera Bodong Administration, the indigenous and special courts for the indigenous cultural communities of the Cordillera region and the Cordillera People's Liberation Army, do not legally exist. Since the Cordillera Autonomous Region did not come into legal existence, the Maeng Tribal Court was not constituted into an indigenous or special court under R.A. No. 6766. Hence, the Maeng Tribal Court is an ordinary tribal court existing under the customs and traditions of an indigenous cultural community. They do not possess judicial power.

Issue II: WON the CAR is a territorial and political subdivision. NO. 1. 2. Not a public corporation and without separate juridical personality, unlike provinces, cities and municipalities. Created primarily for expediting the delivery of services - The CAR is in the same genre as the administrative regions created under the Reorganization Plan, albeit under E.O. No. 220. The operation of the CAR requires the participation not only of the line departments and agencies of the National Government but also the local governments, ethno-linguistic groups and NGOs in bringing about the desired objectives and the appropriation of funds solely for that purpose. Presidents power of control and supervision allowed because it is merely a regional coordinating agency, similar to the regional development councils which the President may create under the Constitution (CAR more sophisticated version)

MMDA vs. Garin 2005 Respondent Garin was issued a traffic violation receipt and his drivers license was confiscated for parking illegally. Garin wrote MMDA Chairman Prospero Oreta requesting the return of his license and expressed his preference for case to be filed in Court. Without an immediate reply from the reply from the Chairman, Garin filed a complaint for preliminary injunction assailing among other that Sec 5(+) of RA 7942 violates the constitutional prohibition against undue delegation of legislative authority, allowing MMDA to fix and impose unspecified and unlimited fines and penalties. RTC rules in his favor directing MMDA to return Garins drivers license and for MMDA to desist from confiscating drivers license without first giving the driver to opportunity to be heard in an appropriate proceeding.

3.

Issue III: WON it contravened the constitutional guarantee of local autnonomy for the provinces (Abra, Benguet, Ifugao, Kalinga-Apayao and Mountain Province and Baguio City).

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions

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general welfare of the inhabitants of Metro Manila. The MMDA is, as termed in the charter itself, a development authority.

ISSUE: Whether or not Sec 5(+) of RA 7942 which authorizes MMDA to confiscate and suspend or revoke drivers license in the enforcement of traffic is constitutional. NO. RULING: The MMDA is not vested with police power. It was concluded that MMDA is not a local government unit or a public corporation endowed with legislative power and it has no power to enact ordinances for the welfare of the community. Police power as an inherent attribute of sovereignty is the power vested in the legislative to make, ordain and establish all manner of wholesome and reasonable laws, statutes and ordinances either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and for subjects of the same. There is no provision in RA 7942 that empowers MMDA or its council to enact ordinances, approve resolutions and appropriate funds for the general welfare of the inhabitants of Metro Manila. All its functions are administrative in nature. It is an agency created for the purpose of laying down policies and coordinating with the various national government agencies, P.O., NGOs and private sector for the efficient and expeditious delivery of services.

The MMDA is not the same entity as the MMC in Sangalang. Although the MMC is the forerunner of the present MMDA, the charter of the MMC shows that the latter possessed greater powers which were not bestowed on the present MMDA.

The legislative debates would show that the MMDA was not intended as a political unit of the government or a public corporation endowed with legislative power. It is not even a special metropolitan political subdivision. no plebiscite was conducted for its creation the chairman of the MMDA is not an official elected by the people, but appointed by the president with the rank and privileges of a cabinet member. Part of the chairmans functions is to perform such other duties as may be assigned to him by the President, whereas in LGUs, the president merely exercises supervisory authority. This emphasizes the administrative character of the MMDA.

MMDA vs. Bel-Air Village Association (2000) Bel-Air Village Association (BAVA) received from MMDA a notice requesting it to open Neptune Street to public vehicular traffic. BAVA was also apprised that the perimeter wall separating the subdivision from the adjacent Kalayaan Avenue would be demolished. BAVA instituted a petition for injunction with TRO and preliminary writ of injunction against MMDA. Clearly, the MMC is not the same entity as MMDA. Unlike the MMC, the MMDA has no power to enact ordinances for the welfare of the community. It is the LGUs, acting through their legislative councils, that possess legislative power and police power.

NOTES: Q: Can the LGU grant police power to MMDA:

Issue: WON MMDA IS ENDOWED WITH POLICE POWER (note: police power cannot be exercised by any group or body not possessing legislative power). NO. The MMDA is, as termed in the charter itself, a development authority. It is an agency created for purpose of 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 deliver of basic services in the vast metropolitan area. All its functions are ADMINISTRATIVE in nature. The powers of the MMDA under RA 7924 are limited to the following acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system and administration. There is nothing in RA NO. 7924 that grants MMDA police power, let alone legislative power.

A: No, because Congress had already denied them that power and no law allows LGUs to do that. SIR: LGUs should be telling MMDA what to do NOT the other way around. Q: Can MMDA remove vendors from sidewalk? A: No, because MMDA has no police power. Vendors are the concern of the Sangguniang Bayan or Panglungsod not the MMDA. LGUshave the ordinances to govern sidewalk vendors. They should ask MMDA to help them.

MMDA v. Trackworks Rail Transit Advertising (2005) In accordance with RA 6957, The Philippine government entered into a BLT with the MRTC for the construction of MRT 3, which the latter shall own for 25 years before turning it over to the former. Pursuant to section 16.2 agreement, the MRTC entered into a Contract for

Unlike the legislative bodies of the lgus, there is no provision in RA 7924 that empowers the MMDA or its Council to enact ordinances, approve resolutions and appropriate funds for the

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
Advertising Services with TRACKWORKS, giving the latter exclusive right to undertake advertising and promotional activities within the interior and exterior of the MRT structure. MMDA requested TRACKWORKS to dismantle its billboards in conformity with MMDA Reg 96-009. The latter refused to comply and filed a petition for injunction with the trial court. Petition was granted. Petitioner filed a case an appeal with the CA. The CA dismissed the case, ratiocinating that the petitioner failed to file a motion for recon with the TC and that TRACKWORKS actions were protected by its agreement with the MRTC. Recon denied.

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Petitioner contends that 1) the scheme has no legal basis and was not authorized by the MMla Council., 2) it is violative of due process, 3) it is violative of the constitutional prohibition against cruel, degrading, and inhuman punishment, and 4) it is violative of the pedestrians right and exposes them to various potential hazards. Respondents: 1) lack of standing, 3) violation of the hierarchy of the courts.

Issues: Issue: WON the TC gravely abused its discretion in issuing the writ of preliminary injunction. NO. 4. Requisites for the application for a writ of PI satisfied - TRACKWORKS had a clear right under its contract with the MRTC and the MMDA Reg serves to cause irreparable injury to the former. Respondent also properly raised the question of petitioners power to dismantle its advertisements. No Grave Abuse of discretion - the TC acted within its discretion in issuing the PI and was not proven to have acted in a capricious and whimsical manner in exercising its judgment. Respondents have clearly shown that they would suffer irreparable injury should the MMDA Reg be implemented. There is no need to give conclusive evidence of such injury, it is only necessary that the court get a sampling of the evidence as to have an idea of the justification for the preliminary injunction. Failure of petitioner to file a motion for recon fatal to its petition for review on certiorari under Rule 65 - No exceptions to this rule is present in the CAB. 1. WON petitioner has standing to file the present suit. NO. a. Petitioner does not satisfy the requisites for raising a constitutional question as citizen (personal injury, injury traceable to the action, favorable action will redress the injury) or as taxpayer (illegal disbursement of funds). Question not of transcendental public importance. No clear showing of a constitutional or statutory violation.

b. 2.

5.

WON the Wet Flag scheme as any legal basis. YES. a. Several cities and municipalities within the MMDAs jurisdiction have jaywalking ordinances and traffic management codes. Such serves as sufficient basis for respondents implementation of schemes, or ways and means, to enforce the anti-jaywalking ordinances and similar regulations. In re: the reasonableness of the enforcement of such ordinances - the SC is not trier of facts

6.

Issue: WON the petitioner can validly prohibit the installation of commercial advertisements at the MRT 3 structure on the basis of MMDA Reg; PD 1096, or the National Building Code of the Philippines and its Implementing Rules and Regulations, and MMC Memo Circular 88-09. COURT DOES NOT RULE. Can petitioner validly order the dismantling of the advertisements based on MMDA Reg? Is MMC Memo Circ in conformity with the NBC? Does petitioner possess the authority to enforce the provisions of the Bilding Code and/or MMC Memo Circ? If yes, can TRACKWORKS advertisements be considered as distractions to motorists or offensive to aesthetic and cultural values and traditions?

b. 3.

WON the petitioner violated the doctrine of hierarchy of courts. YES.

Disposition: Dismissed.

MMDA v. Viron Transportation (2007) With the purpose of decongesting traffic in the metropolis, the president issued EO 179, which delegated upon the MMDA the power to enforce traffic management policies therein, including the creation of common terminals for buses and eliminating other such bus terminals located along EDSA. Pursuant to this, the MMC issued Resolution No. 03-07 2003 to support the project. Respondent assails the validity of the EO for being an unreasonable exercise of police power by filing a petition for declaratory relief before the RTC of Manila. It alleges that the MMDA does not have the power to direct provincial bus operators to abandon their existing bus terminals, which would deprive them the use of their property. It also contends that the EO and Resolutions run contrary to the PDA and related laws which mandate public utilities to provide and maintain their own terminals as a requisite for the privilege of operating as common carriers.

Francisco v. Fernando (2006)

Wet flag scheme. Petitioner as member of the IBP and as a taxpayer filed an original action for the issuance of the writs of Prohibition and Mandamus to enjoin respondents MMDA Chairman and the MMDA from further implementing its Wet Flag Scheme. Mandamus is prayed for to compel the respondents to respect and uphold the rights of the pedestrians to due process and equal protection.

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
The trial court sustained the constitutionality of the EO and ruled that it is a valid exercise of police power. It reversed its decision after motions of reconsideration were filed. The TC stated that the closure of private terminals is beyond the power conferred upon the MMDA under RA 7924 and that the EO is inconsistent with the PSA. Recon was denied. a.

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Section 16 of the PSA requires franchise holders: (g) to furnish safe, adequate, and proper service to the public, and (h) establish, construct, maintain, and operate any reasonable extension of its existing facilities.

Disposition: DENIED. EO declared null and void. Issues: 1. WON respondents petition satisfies the requisites for declaratory relief. YES. a. Issue was among the issues defined for resolution in the Pre-Trial Order. b. i. 1. Requisites for declaratory relief: Justiciable controversy project on-going, removal mandated in the EO, funds to be allocated for implementation provided in the EO Petition must be commenced before rights are breached a. b. The government agencies namely, MWSS, LWUA, DENR, PPA, MMDA, DA, DBM, DPWH, DOH, DECS, and PNP did not take notice of the present danger to public health and the depletion and contamination of the marine life of Manila Bay. According to the Concerned Citizens, the respondents, the condition of Manila Bay did not matched to the intended SB level standard of water quality in such a way that swimming, ski diving and etc. are unallowable. Thus, the RTC ordered the government agencies to participate in cleaning the Bay. The RTC involved in this case through hearing and conducting ocular inspection of the Manila Bay. Authorities from DENR and MWSS testified in favor of the petitioners that the bay is in safe-level bathing and that they are doing their function in reducing pollution. However the RTC decided in favor of the respondents and ordered the government agencies in violation of PD 1152 to rehabilitate the bay. The petitioners went to the CA and argued that PD 1152s provisions only pertain to the cleaning of specific pollution incidents and do not cover cleaning in general. However, CA affirmed the RTC decisions. ISSUES: (1) Whether or not cleaning Manila Bay is the ministerial act of the petitioners that can be induced by mandamus. The cleaning and rehabilitation of Manila Bay can be compelled by Mandamus. Petitioners claimed that it is not their ministerial duty to clean up the bay because for them it is a discretionary duty which cannot be compelled by mandamus. According to the Supreme Court, the obligations to perform the duties (as defined by law) of the petitioners and on how they carry out such duties are two distinct concepts. The former pertains to the discretionary duties of the petitioners while the latter is their ministerial duty. As for this case, it is the discretion of the petitioners to choose not to perform or to perform their duties as defined by law. And when they have chosen to perform their duties, the way they carry out those duties are called ministerial acts. It is very clear in their charters that aside from performing their main function as an agency, they are also mandated to perform certain functions relating directly or indirectly to the cleanup, rehabilitation, protection, and preservation of the Manila Bay. MMDA vs. CONCERNED RESIDENTS OF MANILA BAY (December 18, 2008)

2.

Controversy between persons whose interests are adverse Party seeking declaratory relief has a legal interest in the controversy respondents have shown that they have a personal and substantial interest in the implementation of the EO because it would deprive them of their constitutional right to property without due process of law c. Issue ripe for judicial determination WON the President has the authority to undertake or cause the implementation of the Project. YES but through the DOTC. a. EO125 Reorganizing the Ministry of Transportation and Communications defining the powers and functions and for other purposes gives the DOTC such powers as to implement programs for transportation and communications and devise schemes for it. The President, having control over executive agencies, thus has the same power as the DOTC (as reiterated in S1, B3, Admin Code of 1987). However, the Presidents delegation of such power to the MMDA is without legal basis and is thus ultra vires. Moreover, there is no specific grant in RA 7984 for such. i. RA 7984 merely designated the MMDA as a special development authority and is thus administrative in nature. Being so, it could not have been validly designated by the president to undertake the Project. To reiterate MMDA v. Bel-Air and Garin, the MMDA is not vested with police power. Assuming arguendo that police power was delegated on the MMDA, it does not satisfy the two tests of a valid police power measure. The interest is public in nature but the means employed are not reasonably necessary for the accomplishment of the purpose (Lucena Grand v. JAC Liner, Dela Cruz v. Paras, Lipangco v. CA) and is unduly oppressive upon individuals.

b.

ii. iii.

3.

WON the EO contravenes the PSA. YES.

LOCAL GOVERNMENT DIGESTS Leagues of LGUs and Elective Officials, Autonomous Regions
(2) Whether or not Section 17 and 20 of Presidential Decree 1152 only pertain to the specific cleaning of pollution (and not general cleaning). The Supreme Court held that Sections 17 and 20 of the Environment Code include cleaning in general. Section 17 provides that in case the water quality has deteriorated, the government agencies concerned shall act on it to bring back the standard quality of water. On the other hand, Section 20 also mandates the government agencies concerned to take action in cleaningup in case the polluters failed to do their part. In the succeeding section 62(g) and (h) of the same Code, provide that oil spilling is the cause of pollution that should be done in clean-up operations. This provision actually, expanded the coverage of Sec. 20 because it included oilspilling as one of the causes of pollutions that need to be cleaned-up by the government agencies concerned. Moreover, Sec. 17 emphasizes that government agencies should clean that water for the sake of meeting and maintaining the right quality standard. This presupposes that the government agencies concerned have the duties of cleaning the water not only in times when the water is polluted. Moreover, even without such provisions, it is the inescapable duty of everyone to protect the water and prevent pollution, because of the tenable need of present and future generations as provided in Art. 2 Sec. 16 of the 1987 Constitution, that the State shall protect and advance the right to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

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