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G.R. No. 149848 November 25, 2004 Arsadi M. Disomangcop Et. Al. vs. The Secretary of The Department of Public Works and Highways Simeon A. Datumanong Facts

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Michael Renz Palabay

Republic Act No. 6734 established the Autonomous Region in Muslim Mindanao (ARMM) and devolved certain powers of the Department of Public Works and Highways (DPWH) to ARMM. Executive Order 426 created the DPWH-ARMM First Engineering District in Lanao del Sur. However, Department Order 119 later created the Marawi Sub-District Engineering Office, which duplicated the powers of the ARMM office. The Supreme Court ruled Department Order 119 to be invalid, as Executive Order 426 as a special law transferring DPWH powers to ARMM took precedence over the general Executive Order 124 that Department Order 119 was based on.

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G.R. No. 149848 November 25, 2004 Arsadi M. Disomangcop Et. Al. vs. The Secretary of The Department of Public Works and Highways Simeon A. Datumanong Facts

Uploaded by

Michael Renz Palabay
51 views1 page
Republic Act No. 6734 established the Autonomous Region in Muslim Mindanao (ARMM) and devolved certain powers of the Department of Public Works and Highways (DPWH) to ARMM. Executive Order 426 created the DPWH-ARMM First Engineering District in Lanao del Sur. However, Department Order 119 later created the Marawi Sub-District Engineering Office, which duplicated the powers of the ARMM office. The Supreme Court ruled Department Order 119 to be invalid, as Executive Order 426 as a special law transferring DPWH powers to ARMM took precedence over the general Executive Order 124 that Department Order 119 was based on.

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Republic Act No. 6734 established the Autonomous Region in Muslim Mindanao (ARMM) and devolved certain powers of the Department of Public Works and Highways (DPWH) to ARMM. Executive Order 426 created the DPWH-ARMM First Engineering District in Lanao del Sur. However, Department Order 119 later created the Marawi Sub-District Engineering Office, which duplicated the powers of the ARMM office. The Supreme Court ruled Department Order 119 to be invalid, as Executive Order 426 as a special law transferring DPWH powers to ARMM took precedence over the general Executive Order 124 that Department Order 119 was based on.

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© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
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51 views1 page

G.R. No. 149848 November 25, 2004 Arsadi M. Disomangcop Et. Al. vs. The Secretary of The Department of Public Works and Highways Simeon A. Datumanong Facts

Uploaded by

Michael Renz Palabay
Republic Act No. 6734 established the Autonomous Region in Muslim Mindanao (ARMM) and devolved certain powers of the Department of Public Works and Highways (DPWH) to ARMM. Executive Order 426 created the DPWH-ARMM First Engineering District in Lanao del Sur. However, Department Order 119 later created the Marawi Sub-District Engineering Office, which duplicated the powers of the ARMM office. The Supreme Court ruled Department Order 119 to be invalid, as Executive Order 426 as a special law transferring DPWH powers to ARMM took precedence over the general Executive Order 124 that Department Order 119 was based on.

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G.R. No.

149848             November 25, 2004

ARSADI M. DISOMANGCOP et. al. vs. THE SECRETARY OF THE DEPARTMENT


OF PUBLIC WORKS AND HIGHWAYS SIMEON A. DATUMANONG

FACTS
Republic Act No. 6734, "An Act Providing for An Organic Act for the Autonomous
Region in Muslim Mindanao," was enacted and signed into law on 1 August 1989. Four
provinces voted for inclusion in ARMM. In accordance with it, EO 426 was issued by
Pres. Cory Aquino. 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 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. Disomangcop and Dimalotang filed a petition questioning the
constitutionality and validity of DO 119 on the ground that it contravenes the
constitution and the organic acts of the ARMM.
ISSUE
WON DO 119 is invalid and constitutionally infirm
HELD
Yes. 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 fact that the department order was issued pursuant to E.O.
124—signed and approved by President Aquino in her residual legislative powers is of
no moment. It is finely-imbedded principle in statutory construction that general
legislation must give way to special legislation on the same subject, and generally be so
interpreted as to embrace only cases in which the special provisions are not applicable,
that specific statute prevails over a general statute and that where two statutes are of
equal theoretical application to a particular case, the one designed therefor specially
should prevail. In the present case, 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.

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