February 10, 2010 Ruling: Implementing The Local Government Code, Which Exempts Proposed Provinces

The National Statistics Office certified that Dinagat Islands population is 120,813.
Its land area is 802.12 square kilometers and its average annual income is
P82,696,433.23, as certified by the Bureau of Local Government Finance. On
October 2, 2006, the President approved into law R.A. 9355 creating the Province of
Dinagat Islands. On December 3, 2006, the COMELEC conducted the mandatory
plebiscite for the ratification of the creation of the province under the LGC which
yielded 69,943 affirmative votes and 63,502 negative votes. With the approval of
the people from both the mother province of Surigao del Norte and the Province of
Dinagat Islands (Dinagat), the President appointed the interim set of provincial
officials who took their oath of office on January 26, 2007. Later, during the May 14,
2007 synchronized elections, the Dinagatnons elected their new set of provincial
officials who assumed office on July 1, 2007.
Meanwhile, on November 10, 2006, petitioners Rodolfo G. Navarro and other former
political leaders of Surigao del Norte, filed before the SC a petition for certiorari and
prohibition (G.R. No. 175158) challenging the constitutionality of R.A. No. 9355
alleging that that the creation of Dinagat as a new province, if uncorrected, would
perpetuate an illegal act of Congress, and would unjustly deprive the people of
Surigao del Norte of a large chunk of the provincial territory, Internal Revenue
Allocation (IRA), and rich resources from the area. Is R.A. No. 9355 constitutional?
Suggested Answer:
February 10, 2010 Ruling
No. The SC ruled that the population of 120,813 is below the Local Government
Code (LGC) minimum population requirement of 250,000 inhabitants. Neither did
Dinagat Islands, with an approximate land area of 802.12 square kilometers meet
the LGC minimum land area requirement of 2,000 square kilometers. The Court
reiterated its ruling that paragraph 2 of Article 9 of the Rules and Regulations
Implementing the Local Government Code, which exempts proposed provinces
composed of one or more islands from the land area requirement, was null and void
as the said exemption is not found in Sec. 461 of the LGC. There is no dispute that
in case of discrepancy between the basic law and the rules and regulations
implementing the said law, the basic law prevails, because the rules and regulations
cannot go beyond the terms and provisions of the basic law, held the Court. (GR
No. 180050, Navarro v. Ermita, May 12, 2010)
The Republic, represented by the Office of the Solicitor General, and Dinagat
filed their respective motions for reconsideration of the Decision. In its
Resolution dated May 12, 2010, the Supreme Court denied the said motions.
April 12, 2011 Ruling
Yes. In Navarro vs. Executive Secretary (G.R. no. 180050, April 12, 2011), the
Honorable Supreme Court ruled that Republic Act No. 9355 is as VALID and
CONSTITUTIONAL, and the proclamation of the Province of Dinagat Islands and the
election of the officials thereof are declared VALID.
The SC also ruled that the provision in Article 9(2) of the Rules and
Regulations Implementing the Local Government Code of 1991 stating, The land
area requirement shall not apply where the proposed province is composed of one
(1) or more islands, is declared VALID.
According to the SC, with respect to the creation of barangays, land area is not a
requisite indicator of viability. However, with respect to the creation of
municipalities, component cities, and provinces, the three (3) indicators of viability
and projected capacity to provide services, i.e., income, population, and land area,
are provided for.
But it must be pointed out that when the local government unit to be
created consists of one (1) or more islands, it is exempt from the land area
requirement as expressly provided in Section 442 and Section 450 of the LGC if the
local government unit to be created is a municipality or a component city,
respectively. This exemption is absent in the enumeration of the requisites for the
creation of a province under Section 461 of the LGC, although it is expressly stated
under Article 9(2) of the LGC-IRR.
xxx There appears neither rhyme nor reason why this exemption should apply to
cities and municipalities, but not to provinces. In fact, considering the physical
configuration of the Philippine archipelago, there is a greater likelihood that islands
or group of islands would form part of the land area of a newly-created province
than in most cities or municipalities. It is, therefore, logical to infer that the genuine
legislative policy decision was expressed in Section 442 (for municipalities) and
Section 450 (for component cities) of the LGC, but fellester.blogspot.com was
inadvertently omitted in Section 461 (for provinces). Thus, when the exemption was
expressly provided in Article 9(2) of the LGC-IRR, the inclusion was intended to
correct the congressional oversight in Section 461 of the LGC and to reflect the
true legislative intent. It would, then, be in order for the Court to uphold the validity
of Article 9(2) of the LGC-IRR.
xxxConsistent with the declared policy to provide local government units genuine
and meaningful local autonomy, contiguity and minimum land area requirements for
prospective local government units should be liberally construed in order to achieve
the desired results. The strict interpretation adopted by the February 10, 2010
Decision could prove to be counter-productive, if not outright absurd, awkward, and
impractical. Picture an intended province that consists of several municipalities and
component cities which, in themselves, also consist of islands. The component cities
and municipalities which consist of islands are exempt from the minimum land area
requirement, pursuant to Sections 450 and 442, respectively, of the LGC. Yet, the
province would be made to comply with the minimum land area criterion of 2,000
square kilometers, even if it consists of several islands. fellester.blogspot.com This
would mean that Congress has opted to assign a distinctive preference to create a
province with contiguous land area over one composed of islands and negate the
greater imperative of development of self-reliant communities, rural progress, and
the delivery of basic services to the constituency. This preferential option would
prove more difficult and burdensome if the 2,000-square-kilometer territory of a
province is scattered because the islands are separated by bodies of water, as
compared to one with a contiguous land mass.
xxx What is more, the land area, while considered as an indicator of viability of a
local government unit, is not conclusive in showing that Dinagat cannot become a
province, taking into account its average annual income of P82,696,433.23 at the
time fellester.blogspot.com of its creation, as certified by the Bureau of Local
Government Finance, which is four times more than the minimum requirement of
P20,000,000.00 for the creation of a province. The delivery of basic services to its
constituents has been proven possible and sustainable. Rather than looking at the
results of the plebiscite and the May 10, 2010 elections as mere fait accompli
circumstances which cannot operate in favor of Dinagats existence as a province,
they must be seen from the perspective that Dinagat is ready and capable of
becoming a province. (Navarro vs. Executive Secretary (G.R. no. 180050, April 12,
2011)

February 10, 2010 Ruling: Implementing The Local Government Code, Which Exempts Proposed Provinces

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The National Statistics Office certified that Dinagat Islands population is 120,813.

April 12, 2011 Ruling

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