Abbas Report

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Transcript of Abbas Report

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    AbbasAbbas v. Commission onv. Commission on

    ElectionsElections

    A Case DigestMhealler T. Ycong

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    Facts:Facts:

    The present controversy relates to theplebiscite in thirteen (13) provinces and

    nine (9) cities in Mindanao andPalawan, scheduled for November 19,1989, in implementation of Republic ActNo. 6734, entitled "An Act Providing for an

    Organic Act for the Autonomous Region inMuslim Mindanao.

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    Facts:Facts:

    These consolidated petitions pray that theCourt: (1) enjoin the Commission on

    Elections (COMELEC) from conducting theplebiscite and the Secretary of Budget andManagement from releasing funds to theCOMELEC for that purpose; and (2)

    declare R.A. No. 6734, or parts thereof,unconstitutional .

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    Facts:Facts:

    Petitioner Abbas argues that R.A. No. 6734unconditionally creates an autonomous

    region in Mindanao, contrary to theprovisions of the Constitution on theautonomous region which make thecreation of such region dependent upon

    the outcome of the plebiscite.

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    Issues:Issues:

    Is Republic Act No. 6734, or

    parts thereof, unconstitutional?

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    Held:Held:

    No. Republic Act No. 6734 is constitutional.

    First, the questioned provision itself in R.A. No.

    6734 refers to Section 18, Article X of theConstitution which sets forth the conditionsnecessary for the creation of the autonomousregion. The reference to the constitutionalprovision cannot be glossed over for it clearlyindicates that the creation of the autonomousregion shall take place only in accord with theconstitutional requirements.

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    Held:Held:

    Second, there is a specific provision in theTransitory Provisions (Article XIX) of the OrganicAct, which incorporates substantially the same

    requirements embodied in the Constitution andfills in the details, thus:

    SEC. 13. The creation of the Autonomous Regionin Muslim Mindanao shall take effect whenapproved by a majority of the votes cast by theconstituent units provided in paragraph (2) ofSec. 1 of Article II of this Act in a plebiscite which

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    Held:Held:

    shall be held not earlier than ninety (90) days orlater than one hundred twenty (120) days afterthe approval of this Act: Provided, That only the

    provinces and cities voting favorably in suchplebiscite shall be included in the AutonomousRegion in Muslim Mindanao. The provinces andcities which in the plebiscite do not vote forinclusion in the Autonomous Region shall remainthe existing administrative determination, mergethe existing regions.

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    Held:Held:

    Thus, under the Constitution and R.A. No 6734,the creation of the autonomous region shall takeeffect only when approved by a majority of the

    votes cast by the constituent units in a plebiscite,and only those provinces and cities where amajority vote in favor of the Organic Act shall beincluded in the autonomous region. The provincesand cities wherein such a majority is not attainedshall not be included in the autonomous region.

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    Held:Held:

    As to the kind of majority required, the creationof the autonomous region is made to depend, noton the total majority vote in the plebiscite, but on

    the will of the majority in each of the constituentunits and the proviso underscores this, for if theintention of the framers of the Constitution was toget the majority of the totality of the votes cast,they could have simply adopted the samephraseology as that used for the ratification of theConstitution.

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    Held:Held:

    In addition, the Supreme Court held that theConstitution lays down the standards by whichCongress shall determine which areas should

    constitute the autonomous region. Guided bythese constitutional criteria, the ascertainment byCongress of the areas that share commonattributes is within the exclusive realm of thelegislature's discretion. This the Court cannot dowithout doing violence to the separation ofgovernmental powers.

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    Held:Held:

    administrative purposes, which was made as partof the law of the land by Pres. Dec. No. 1 andPres. Dec. No. 742.

    Administrative regions are not territorial andpolitical subdivisions like provinces, cities,municipalities and barangays. While the power tomerge administrative regions is not expresslyprovided for in the Constitution, it is a powerwhich has traditionally been lodged with the

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    Held:Held:

    President to merge administrative regions withthe constitutional provision requiring a plebiscitein the merger of local government units because

    the requirement of a plebiscite in a mergerexpressly applies only to provinces, cities,municipalities or barangays, not to administrativeregions.

    Under the constitution, the creation of theautonomous region hinges only on the result of

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    Held:Held:

    the plebiscite. if the Organic Act is approved bymajority of the votes cast by constituent units inthe scheduled plebiscite, the creation of the

    autonomous region immediately takes effect. Thequestioned provisions in R.A. No. 6734 requiringan oversight Committee to supervise the transferdo not provide for a different date of effectivity.Much less would the organization of the OversightCommittee causes an impediment to theoperation of the Organic Act, for such is evidently

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    Held:Held:

    aimed at effecting a smooth transition period forthe regional government. The constitutionalobjection on this point thus cannot be sustained

    as there is no basis therefor. The petitioners failedto overcome the presumption of constitutionality.

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    Ruling:Ruling:

    Petitions are DISMISSED

    for Lack of Merit.

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    Thank you forThank you for

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