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Article VI: The Legislative Department, Section 1 Issues on Delegation of Legislative

Power (Filling in the Details: authority to reorganize)Chiongbian vs Orbos

Chiongbian - Congressman in third district, South Cotabato; Orbos - Executive Secretary

Date of Promulgation: June 22, 1995Ponente: MendozaMotion: Certiorari and Prohibition;Special Civil Action in the Supreme CourtBackgroundIn 1968, R.A. 5435 authorized the President of the Philippines, with the help of Commission onReorganization, to recognize the different executive departments, bureaus, offices, agencies, andinstrumentalities of the government, including banking or financial institutions and corporations ownedor controlled by it. Purpose was to promote simplicity, economy and efficiency in thegovernment.FactsThe Congress passed the Organic Act for the Autonomous Region in Muslim Mindanao (RA6743)pursuant to Article 10, Section 18 of the Constitution. A plebiscite was called in some provinces

which resulted to 4 provinces (Lanao del Sur, Maguindanao, Sulu and Tawi Tawi) in favor ofcreating an autonomous region and therefore became the ARMM. The RA says that those provinces andcities who did not vote in favor of it shall remain in their existing administrative regions provided,however, that the President may merge the existing regions through administrative determination.President Cory then issued the EO containing the provinces/cities that will be merged, transferringprovinces from their existing region to another. The petitioners who are members of the Congressrepresenting legislative districts protested the Executive Order, saying that there is no law whichauthorizesthe President to pick certain provinces and cities within existing regions and restructurethem to new administrative regions. The transfer of one province under its current region to another (ex:Misamis Occidental from Region X to IX) is a form of reorganization, an alteration of the existingstructures of the government. The RA 6743 only holds authority of the president to mergeexistingregions and cannot be construed as reorganizingthem.Issue

W/N the power to merge administrative regions is legislative (petitioners stand) incharacter or executive as the respondents contend

Petitioners: It unduly delegates power to the President to merge regions through administrativedetermination or at any rate provides no standard for the exercise of the power delegated

Respondents: No undue delegation but only a grant of power to fill upor provide the details oflegislation because the Congress did not have the facility to provide for them

Ruling: Petition is DISMISSED.The creation and subsequent reorganization of administrative regions have been by thePresident pursuant to authority granted to him by law. In conferring on the President the power

to merge the existing regions following the establishment of the Autonomous Region in MuslimMindanao, Congress merely followed the pattern set in previous legislation dating back tothe initial organization of administrative regions in 1972. (RA5453)

This was also the basis for the sufficient standard by which the President is to be guided in the exercise ofpower. Standard can be gathered or implied. Standard can be found in the same policy underlying grant ofpower to the President in RA No. 5435 of the power to reorganize the Executive Department:to promotesimplicity, economy, efficiency, in the government to enable it to pursue its programs consisted with thenational goals for accelerated social and economic development.

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