DATU FIRDAUSI I.Y. ABBAS, DATU BLO UMPAR ADIONG, DATU MACALIMPOWAC 1. NO.
1. NO. OSG asserts that the Tripoli Agreement is neither a binding treaty
DELANGALEN, CELSO PALMA, ALI MONTAHA BABAO, JULMUNIR JANNARAL,
RASHID SABER, and DATU JAMAL ASHLEY ABBAS, representing the other
taxpayers of Mindanao, petitioners, vs. COMMISSION ON ELECTIONS, and
HONORABLE GUILLERMO C. CARAGUE, DEPARTMENT SECRETARY OF BUDGET AND
MANAGEMENT, respondents. GR No. 89651 Nov. 10, 1989
DOCTRINE
Creation of autonomous region under the Constitution and RA 6734 will be
determinative of: (1) whether there shall be an autonomous region in Muslim
Mindanao; and (2) which provinces and cities among those enumerated in RA
6734 shall comprise it.
FACTS
The Tripoli Agreement is the Agreement between the RP and MNLF with
the participation of the Quadripartite Ministerial Commission Members
of the Islamic Conference and Sec-Gen of the Org of Islamic
Conference which took effect on Dec. 23, 1976.
Tripoli Agreement provided for the areas of autonomy in the Philippines.
Enumerating 13 provinces comprising the areas of autonomy.
In 1987, the present Constitution was ratified which provided for
Regional Autonomy under Article X Section 15.
There shall be created autonomous regions in Muslim Mindanao and in
the Cordilleras consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of the
Philippines.
Pursuant to the constitutional mandate, RA 6734 was enacted.
RA 6734 (An Act Providing for an Organic Act for the ARMM)was
implemented and a plebiscite in 13 provinces and 9 cities in Mindanao
and Palawan was scheduled on No. 19, 1989.
The arguments raised against RA 6734 are the following:
(a) RA 6734 violates the Constitution;
(b) Certain provisions of RA 6734 conflict with the Tripoli agreement
These are consolidated petitions praying the ff:
(1) To enjoin the COMELEC from conducting the plebiscite and the
Sec of DBM from releasing funds to COMELEC for that purpose;
(2) Declare RA 6734 or part thereof unconstitutional
ISSUE/S
(1) W/N RA 6734 conflicts with the Tripoli Agreement?
(2) W/N RA 6734 is unconstitutional?
RULING
not having been entered into the by the RP with a sovereign stated and
ratified according to the provisions of the constitution nor is it a binding
international agreement.
It is neither necessary nor determinative of the case to rule on the
nature of the Tripoli Agreement and its binding effect on the PH Gvt. It
is now the Constitution itself that provides for the creation of an
autonomous region in Muslim Mindanao. The standard of any inquiry
into the validity of RA 6734 would therefore be what is so provided in
the Constitution. Thus, any conflict between the provisions of RA 6734
and the prvisions of the Tripoli Agreement will not have the effect of
enjoining the implementation of the Organic Act.
Assuming arguendo that the Tripoli agreement is a binding treaty or
international, it would then constitute part of the law of the land. But as
internal law, it would not be superior to RA 6734 but rather it would be
in the same class. Thus, if at all, RA 6734 would only be amendatory of
the Tripoli Agreement being a subsequent law.
2. NO. RA 6734 is not unconstitutional.
a. Petitioner asserts that RA 6734 unconditionally creates an AR in
Mindanao contrary to the Constitution on the AR which make the
creation of such region dependent upon the outcome of the
plebiscite.
NO. First,the questioned provision itself refers to Sec 18 Art X of the
Consti which sets forth the conditions necessary for the creation of
the AR. Second, there is a specific provision in the Transitory
Provisions (Art. XIX) of the Organix Act which incorporates
substantially the same requirements embodied in the constititon
and fills in the details.
Thus, under the Constitution and RA 6734, the creation of the AR
shall take effect only when approved by a majority of the votes
cast by the constituent units in a plebiscite and only those
provinces and cities where a majority vote in favor of the Organic
Act shall be included in the autonomous region. The provinces and
cities wherein such a majority is not attained shall not be included
in the autonomous region. It may be that even if an autonomous
region is created, not all of the thirteen (13) provinces and nine (9)
cities mentioned in Article II, section 1(2) of R.A. No. 6734 shall be
included therein.
The single plebiscite contemplated by the Constitution and R.A. No.
6734 will therefore be determinative of (1) whether there shall be
an autonomous region in Muslim Mindanao and (2) which
 provinces and cities, among those enumerated in R.A. No. 6734,
shall comprise it.
b. The creation of the ARMM is made effective upon the approval by
majority of the votes cast by the constituent units in a plebiscite
called for the purpose. Does it refer to a majority of the total votes
cast in the plebiscite in all constituent units or majority in each
constituent unit, or both?
The creation of ARMM is effective upon the approval of the
majority of the votes cast in EACH constituent unit as provided in
Art. X Sec 18. If the framers intended to require majority of all the
votes cast in the plebiscite they would use the same proviso as
used for the ratification of the constitution.
The creation of AR is made to depend not on the total majority
vote in the plebiscite but on the will of the majority in each of the
constituent units. Thus. what is required by the Constitution is a
simple majority of votes approving the Organic Act in individual
constituent units and not a double majority of the votes in all
constituent units put together as well as in the individual constituent
units.
c. Petitioner Mama-o maintains that only those areas which share
common and distinctive historical and cultural heritage, economic
and social structures and other relevant characteristics should be
properly included within the coverage of the AR. Therefore, RA
6734 is unconstitutional because not all 13 proviinces and 9 cities
possess such concurrence in historical and cultural heritage.
This is not tenable. The constitution lays down the standards by
which Congress shall determine which areas should constitute the
AR. Guided by these constitutional criteria, the ascertainment by
congress of the Areas that share common attirubtes is within the
exclusive realm of the legislatures discretion.
d. Mama-o also argues that since the Organic Act covers several
non-Muslim areas, its scope should be broadened in order for
others to similarly enjoy the benefits of autonomy, as it denies said
areas of equal protection of the law.
NO! Such determination is exclusively within Congress discretion.
Equal Protection permits reasonable classification. The guarantee
of EPC is not infringed, the classification having been made by
Congress on the basis of substantial distinctions.
e. Petitioners assert that RA 6734 violates religious freedom because
of the provision that in case of conflict between the Muslim Code
and the national law. Shariah Courts shall apply the national law.
The court struck this down since it does not have an actual
controversy. There are no conflicting claims involving the
application of national law resulting in an alleged violation of
religious freedom.
f. RA 6734 grants the President the power to merge AR. They contend
that it conflicts with Art X Sec 10 which provides:
No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered,
except in accordance with the criteria established in the local
government code and subject to approval by a majority of the
votes cast in a plebiscite in the political units directly affected.
RA 6734 refers to Administrative Regions which are not those
referred to under Sec 1, Art X which refers to political subdivisions
such as province, cities, municipalities and barangays.
While the power to merge admin reigons is not expressly provided
for in the Constitution, it is a power which has traditionally been
lodged with the President to facilitiate the exercise of the power of
general supervision over local government. There is no conflict
between the power of the President to merge administrative
regions with the constitutional provision requiring a plebiscite in the
merger of local government units because the requirement of a
plebiscite in a merger expressly applies only to provinces, cities,
municipalities or barangays, not to administrative regions.
g. The validity of the provisions in the Organic Act which create an
Oversight Committee to supervise the transfer to the autonomous
region of the powers, appropriations and properties vested upon
the regional government. They contend that this would in effect
delay the creation of the autonomous region.
NO. Under the Consti, the creation of the AR hinges only on the
result of the plebiscite. If the Organic Act is approved by majority
of the votes cast by the constituent units in the scheduled
plebiscite, the creation of the AR immediately takes effect. This
questioned provision under the organic act requiring an oversight
committee to supervise the transfer do not provided for a different
date of effectivity.
h. Presumption of regularity was not defeated. PETITIONS DISMISSED.