Facts
The
constitutionality of E.O. 220 was assailed which created the Cordillera
Administrative Region (CAR) on the ground that it pre-empts the enactment of an
Organic Act by the Congress and the creation of autonomous region in the
Cordillera conditional on the approval of the act through a plebiscite.
Issue
Whether
or not CAR is a territorial and political subdivision?
Whether
or not E.O 220 is unconstitutional?
Held
It
was held that the CAR is not an autonomous region in Cordillera contemplated in
the Constitution. It was created not as a public or political subdivision. It
does not have a separate juridical personality like the provinces, cities or
municipalities. It is neither vested with the powers granted to public
corporations.
It
was created by virtue of E.O. 220 primarily to coordinate the planning and
implementation of programs and services in the covered areas. CAR in nature is
a regional coordinating agency of the national government. E.O. 220 is not
unconstitutional since the constitutional guarantee of local autonomy pertains
to the administrative autonomy of the local government units through the
decentralization of government authority. The creation of autonomous regions in
Muslim Mindanao contemplates the grant of political autonomy and not just
administrative autonomy for the ARMM. The purpose of CAR is to serve as a
transitory coordinating agency that will prepare the stage for political
autonomy for the Cordilleras. It does not diminish the local autonomy of the
covered provinces and cities. The petition was dismissed for lack of merit.
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