Case Summary (G.R. No. 79956)
Petitioner
Multiple citizen groups and individuals challenging the constitutionality of Executive Order No. 220 on the ground that it pre-empts Congress’s mandate to enact an organic act and conditionally create an autonomous Cordillera region.
Respondent
The Commission on Audit and various Cabinet officials responsible for implementing Executive Order No. 220.
Key Dates
• September 13, 1986 – Ceasefire agreement at Mt. Data between the Aquino government and CPLA.
• March 27, 1987 – Joint agreement to draft an Executive Order establishing a preparatory body.
• July 15, 1987 – President Aquino signs Executive Order No. 220.
• October 23, 1989 – Republic Act No. 6766 (Organic Act for the Cordillera Autonomous Region) enacted.
• January 29, 1990 – Decision of the Supreme Court rendered.
Applicable Law
• 1987 Constitution, Article X, Sections 15–21 (autonomous regions), Article XIV, Section 6 (provisional legislative powers).
• Executive Order No. 220 (creation of the Cordillera Administrative Region).
• Republic Act No. 6658 (Cordillera Regional Consultative Commission).
• Republic Act No. 6766 (Organic Act for the Cordillera Autonomous Region).
Constitutional Challenge and Issues
Petitioners contend that Executive Order No. 220 improperly usurps Congress’s exclusive authority, under Article X, Section 18, to enact an organic act and to establish the Cordillera autonomous region only upon plebiscitary approval. They maintain that the Order establishes an “interim autonomous region,” thus violating the separation of powers and local government safeguards.
Historical Background and Negotiations
Following the 1986 EDSA Revolution and President Aquino’s policy of national reconciliation, the government entered into a ceasefire with the CPLA. A joint agreement was reached to draft an Executive Order creating a preparatory body that would undertake consultations and policy studies, leading up to the organic act for the Cordilleras.
Executive Order No. 220: Creation and Purpose
EO 220 established the Cordillera Administrative Region (CAR), covering Abra, Benguet, Ifugao, Kalinga-Apayao, Mountain Province, and Baguio City. Its express objectives were:
- To coordinate national and local planning and implementation of socio-economic programs.
- To serve as a transitional structure pending enactment and ratification of the organic act.
- To create a Cordillera Regional Assembly (policy-formulating body) and Executive Board (implementing arm).
Transitory Nature and Constitutional Compliance
The Order’s “Whereas” clauses explicitly recognize its provisional character and affirm that it does not supplant Congress’s duty to enact an organic act. EO 220 is a preparatory measure, not the creation of an autonomous region as defined in Article X. It offers administrative coordination—consolidating agency field offices and local governments—without vesting autonomous political power or establishing special courts.
Subsequent Legislative Developments
• Republic Act No. 6658 constituted the Cordillera Regional Consultative Commission to assist Congress in drafting the organic act.
• Republic Act No. 6766 defined the autonomous region’s structure and stipulated that CAR bodies would cease upon ratification of the organic act.
These enactments confirm that EO 220 did not short-circuit the constitutional process but served its preparatory function.
Nature of the Cordillera Administrative Region
CAR is not a new territorial or political subdivision:
• It lacks juridical personality and independent revenue-raising powers.
• It resembles administrative regions created under the 1972 Integrated
Case Syllabus (G.R. No. 79956)
Procedural History
- Two consolidated petitions before the Supreme Court En Banc:
• G.R. No. 79956 – Cordillera Broad Coalition vs. Commission on Audit
• G.R. No. 82217 – Lilia Yaranon, Bona Bautista et al. vs. Commission on Audit et al. - Petitioners challenged the constitutionality of Executive Order No. 220, dated July 15, 1987.
- Main ground: E.O. 220 allegedly pre-empted Congress’s mandate to enact an organic act and conditionally create an autonomous region in the Cordilleras.
- Decision rendered January 29, 1990.
Facts and Historical Context
- April 1986: Fr. Conrado Balweg splits from CPP/NPA; forms Cordillera People’s Liberation Army (CPLA).
- September 13, 1986: Mt. Data ceasefire agreement signed by President Aquino and CPLA leaders, marking shift to peaceful negotiations.
- March 27, 1987: Government-Cordillera joint agreement to draft an executive order creating a preparatory body for policy-making and organic act drafting.
- July 15, 1987: President Aquino signs E.O. 220, creating the Cordillera Administrative Region (CAR) as a transitory measure.
Constitutional Framework for Autonomous Regions (Art. X, 1987 Constitution)
- Sec. 15: Mandates creation of autonomous regions in Muslim Mindanao and the Cordilleras, composed of areas sharing common historical, cultural, economic, and social traits.
- Sec. 16–17: Presidential general supervision; national government retains all ungranted powers.
- Sec. 18: Congress to enact an organic act with regional consultative commission; defines regional government structure—elective executive, legislative assembly, special courts—and requires plebiscite for effectivity.
- Sec. 19–21: Timetable for first Congress to pass organic acts; enumerated legislative powers of autonomous regions; local police and national