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    Rodolfo G Navarro Et Al Versus Executive Secretary Eduardo Ermita G R No 180050 February 10 2010

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    inno Kal
    The Court ruled the provision in the Rules and Regulations Implementing the Local Government Code exempting island territories from the land area requirement was invalid because it went beyond the criteria specified in the Local Government Code for creating new provinces. The criteria in the Local Government Code prevails over any conflicting provisions in the implementing rules and regulations.

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    Rodolfo G Navarro Et Al Versus Executive Secretary Eduardo Ermita G R No 180050 February 10 2010

    Uploaded by

    inno Kal
    108 views1 page
    The Court ruled the provision in the Rules and Regulations Implementing the Local Government Code exempting island territories from the land area requirement was invalid because it went beyond the criteria specified in the Local Government Code for creating new provinces. The criteria in the Local Government Code prevails over any conflicting provisions in the implementing rules and regulations.

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    168507214 Rodolfo g Navarro Et Al Versus Executive Secretary Eduardo Ermita g r No 180050 February 10 2010

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    The Court ruled the provision in the Rules and Regulations Implementing the Local Government Code exempting island territories from the land area requirement was invalid because it went beyond the criteria specified in the Local Government Code for creating new provinces. The criteria in the Local Government Code prevails over any conflicting provisions in the implementing rules and regulations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    108 views1 page

    Rodolfo G Navarro Et Al Versus Executive Secretary Eduardo Ermita G R No 180050 February 10 2010

    Uploaded by

    inno Kal
    The Court ruled the provision in the Rules and Regulations Implementing the Local Government Code exempting island territories from the land area requirement was invalid because it went beyond the criteria specified in the Local Government Code for creating new provinces. The criteria in the Local Government Code prevails over any conflicting provisions in the implementing rules and regulations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    RODOLFO G. NAVARRO et al.

    versus
    EXECUTIVE SECRETARY EDUARDO ERMITA
    G.R. No. 180050
    February 10, 2010

    FACTS:

    Petitioners Navarro, Bernal, and Medina brought this petition for certiorari under
    Rule 65 to nullify Republic Act No. 9355, An Act Creating the Province of Dinagat Islands,
    for being unconstitutional.

    Based on the NSO 2000 Census of Population, the population of the Province of
    Dinagat Islands is 106,951. A special census was afterwards conducted by the Provincial
    Government of Surigao del Norte which yielded a population count of 371,576 inhabitants
    with average annual income for calendar year 2002-2003 of P82,696,433.23 and with a
    land area of 802.12 square kilometers as certified by the Bureau of Local Government
    Finance.

    Under Section 461 of R.A. No. 7610, The Local Government Code, a province may be
    created if it has an average annual income of not less than P20 million based on 1991
    constant prices as certified by the Department of Finance, and a population of not less than
    250,000 inhabitants as certified by the NSO, or a contiguous territory of at least 2,000
    square kilometers as certified by the Lands Management Bureau. The territory need not be
    contiguous if it comprises two or more islands or is separated by a chartered city or cities,
    which do not contribute to the income of the province.

    Thereafter, the bill creating the Province of Dinagat Islands was enacted into law
    and a plebiscite was held subsequently yielding to 69,943 affirmative votes and 63,502
    negative. With the approval of the people from both the mother province of Surigao del
    Norte and the Province of Dinagat Islands, Dinagat Islands was created into a separate and
    distinct province.

    Respondents argued that exemption from the land area requirement is germane to
    the purpose of the Local Government Code to develop self-reliant political and territorial
    subdivisions. Thus, the rules and regulations have the force and effect of law as long as they
    are germane to the objects and purposes of the law.

    ISSUE: Whether or not the provision in Sec. 2, Art. 9 of the Rules and Regulations
    Implementing the Local Government Code of 1991 (IRR) valid.

    RULING: No.

    The rules and regulations cannot go beyond the terms and provisions of the basic
    law. The Constitution requires that the criteria for the creation of a province, including any
    exemption from such criteria, must all be written in the Local Government Code. The IRR
    went beyond the criteria prescribed by Section 461 of the Local Government Code when it
    added the italicized portion “The land area requirement shall not apply where the proposed
    province is composed of one (1) or more islands. “

    The extraneous provision cannot be considered as germane to the purpose of the law
    as it already conflicts with the criteria prescribed by the law in creating a territorial
    subdivision. Thus, 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.

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