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    Tan Vs Comelec

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    Rey Alexander Palmares
    The petitioners filed a case to stop the Commission on Elections from conducting a plebiscite on a law that would create the province of Negros del Norte by separating it from the existing province of Negros Occidental. The petitioners argued that the law was unconstitutional because it did not meet the size and population requirements to create a new province under the Local Government Code. The Supreme Court ruled in favor of the petitioners, finding that the law violated the constitution by substantially altering the boundaries of Negros Occidental without approval from voters in the parent province. The plebiscite on the law was therefore invalid.

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    Tan Vs Comelec

    Uploaded by

    Rey Alexander Palmares
    79 views2 pages
    The petitioners filed a case to stop the Commission on Elections from conducting a plebiscite on a law that would create the province of Negros del Norte by separating it from the existing province of Negros Occidental. The petitioners argued that the law was unconstitutional because it did not meet the size and population requirements to create a new province under the Local Government Code. The Supreme Court ruled in favor of the petitioners, finding that the law violated the constitution by substantially altering the boundaries of Negros Occidental without approval from voters in the parent province. The plebiscite on the law was therefore invalid.

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    Tan vs Comelec

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    Tan vs Comelec

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    The petitioners filed a case to stop the Commission on Elections from conducting a plebiscite on a law that would create the province of Negros del Norte by separating it from the existing province of Negros Occidental. The petitioners argued that the law was unconstitutional because it did not meet the size and population requirements to create a new province under the Local Government Code. The Supreme Court ruled in favor of the petitioners, finding that the law violated the constitution by substantially altering the boundaries of Negros Occidental without approval from voters in the parent province. The plebiscite on the law was therefore invalid.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views2 pages

    Tan Vs Comelec

    Uploaded by

    Rey Alexander Palmares
    The petitioners filed a case to stop the Commission on Elections from conducting a plebiscite on a law that would create the province of Negros del Norte by separating it from the existing province of Negros Occidental. The petitioners argued that the law was unconstitutional because it did not meet the size and population requirements to create a new province under the Local Government Code. The Supreme Court ruled in favor of the petitioners, finding that the law violated the constitution by substantially altering the boundaries of Negros Occidental without approval from voters in the parent province. The plebiscite on the law was therefore invalid.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    G.R. No.

    73155 July 11, 1986

    PATRICIO TAN, FELIX FERRER, JUAN M. HAGAD, SERGIO HILADO, VIRGILIO GASTON, CONCHITA
    MINAYA, TERESITA ESTACIO, DESIDERIO DEFERIA, ROMEO GAMBOA, ALBERTO LACSON, FE
    HOFILENA, EMILY JISON, NIEVES LOPEZ AND CECILIA MAGSAYSAY, petitioners,
    vs.
    THE COMMISSION ON ELECTIONS and THE PROVINCIAL TREASURER OF NEGROS
    OCCIDENTAL, respondents.

    I. Facts
    a. Who are the parties involved?

    Patricio Tan, Felix Ferrer, Juan M. Hagad, Sergio Hilado, Virgilio Gaston, Conchita Minaya, Teresita Estacio,
    Desiderio Deferia, Romeo Gamboa, Alberto Lacson, Fe Hofilena, Emily Jison, Nieves Lopez and Cecilia
    Magsaysay are residents of the Province of Negros Occidental

    Commission on Elections

    Provincial Treasurer of Negros – in that they desist from releasing funds in support of the assailed Batasang
    Pambansa cited in the case.

    b. What happened?
    1. December 23, 1985: Petitioners filed a case for Prohibition to stop COMELEC from conducting the
    plebiscite scheduled for January 3, 1986

    They are against Batas Pambansa Blg. 885: An Act Creating a New Province in the Island of Negros.

    Said law provides:

    SECTION 1. The Cities of Silay, Cadiz, and San Carlos and the municipalities of Calatrava,
    Taboso, Escalante, Sagay, Manapla, Victorias, E.R. Magalona; and Salvador Benedicto, all in
    the northern portion of the Island of Negros, are hereby separated from the province to be
    known as the Province of Negros del Norte.

    SEC. 2. The boundaries of the new province shall be the southern limits of the City of Silay,
    the Municipality of Salvador Benedicto and the City of San Carlos on the south and the
    territorial limits of the northern portion to the Island of Negros on the west, north and east,
    comprising a territory of 4,019.95 square kilometers more or less.

    SEC. 3. The seat of government of the new province shall be the City of Cadiz.

    SEC. 4. A plebiscite shall be conducted in the proposed new province which are the areas
    affected within a period of one hundred and twenty days from the approval of this Act. After
    the ratification of the creation of the Province of Negros del Norte by a majority of the votes
    cast in such plebiscite, the President of the Philippines shall appoint the first officials of the
    province.

    SEC. 5. The Commission on Elections shall conduct and supervise the plebiscite herein
    provided, the expenses for which shall be charged to local funds.

    SEC. 6. This Act shall takeeffect upon its approval.(Rollo, pp. 23-24)
    c. What are the arguments of the accuser? (i.e. what crime/violation was committed,
    why convict)

    Petitioners cite Section 197 of the Local Government Code which enumerates the conditions which must exist
    to provide the legal basis for the creation of a provincial unit.

    These requisites are:

    SEC. 197. Requisites for Creation. A province may be created if it has a territory of at least
    three thousand five hundred square kilometers, a population of at least five hundred
    thousand persons, an average estimated annual income, as certified by the Ministry of
    Finance, of not less than ten million pesos for the last three consecutive years, and its
    creation shall not reduce the population and income of the mother province or provinces at
    the time of said creation to less than the minimum requirements under this section. The
    territory need not be contiguous if it comprises two or more islands.

    The average estimated annual income shall include the income alloted for both the general
    and infrastructural funds, exclusive of trust funds, transfers and nonrecurring income.
    (Rollo, p. 6)

    The area which would comprise the new province of Negros del Norte would only be about 2,856.56 sq. km.,
    which is lesser than the minimum area prescribed by the governing statute, Sec. 197 of LGC.

    Furthermore, that the voters of the parent province of Negros Occidental, other than those living within the
    territory of the new province of Negros del Norte, were not included in the plebiscite.

    2. Nonetheless, respondents had continued with the plebiscite on the scheduled date.

    II. Issue/s
    W/N BP 885 is unconstitutional and if so, does it render the plebiscite void?

    III. Ruling
    a. State the SC ruling

    Held in favor of petitioners, BP 885 is unconstitutional and the plebiscite is invalid.

    It directly violates Article 10 of the 1987 Constitution

    “Sec. 3. No province, city, municipality or barrio may be created, divided, merged, abolished, or its
    boundary substantially altered except in accordance with the criteria established in the Local Government
    Code, and subject to the approval by a majority of the votes in a plebiscite in the unit or units affected”

    Whenever a province is created, divided or merged and there is substantial alteration of the
    boundaries, “the approval of a majority of votes in the plebiscite in the unit or units affected” must first be
    obtained. The creation of the proposed new province of Negros del Norte will necessarily result in the
    division and alteration of the existing boundaries of Negros Occidental (parent province).

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