G.R. No.

180050               April 12, 2011 Undaunted, petitioners, as taxpayers and residents of the Province of Surigao del Norte, filed
another petition for certiorari8 seeking to nullify R.A. No. 9355 for being unconstitutional. They
RODOLFO G. NAVARRO, VICTOR F. BERNAL, and RENE O. MEDINA, Petitioners,  alleged that the creation of Dinagat as a new province, if uncorrected, would perpetuate an
vs. illegal act of Congress, and would unjustly deprive the people of Surigao del Norte of a large
EXECUTIVE SECRETARY EDUARDO ERMITA, representing the President of the chunk of the provincial territory, Internal Revenue Allocation (IRA), and rich resources from
Philippines; Senate of the Philippines, represented by the SENATE PRESIDENT; House the area. They pointed out that when the law was passed, Dinagat had a land area of 802.12
of Representatives, represented by the HOUSE SPEAKE square kilometers only and a population of only 106,951, failing to comply with Section 10,
Article X of the Constitution and of Section 461 of the LGC, on both counts, viz.—
R; GOVERNOR ROBERT ACE S. BARBERS, representing the mother province of
Surigao del Norte; GOVERNOR GERALDINE ECLEO VILLAROMAN, representing the Constitution, Article X – Local Government
new Province of Dinagat Islands,Respondents,
CONGRESSMAN FRANCISCO T. MATUGAS, HON. SOL T. MATUGAS, HON. ARTURO Section 10. No province, city, municipality, or barangay may be created, divided, merged,
CARLOS A. EGAY, JR., HON. SIMEON VICENTE G. CASTRENCE, HON. MAMERTO D. abolished, or its boundary substantially altered, except in accordance with the criteria
GALANIDA, HON. MARGARITO M. LONGOS, and HON. CESAR M. established in the local government code and subject to the approval by a majority of the
BAGUNDOL, Intervenors. votes cast in a plebiscite in the political units directly affected.

RESOLUTION LGC, Title IV, Chapter I

NACHURA, J.: Section 461. Requisites for Creation. – (a) A province may be created if it has an average
annual income, as certified by the Department of Finance, of not less than Twenty million
For consideration of the Court is the Urgent Motion to Recall Entry of Judgment dated pesos (₱20,000,000.00) based on 1991 constant prices and either of the following requisites:
October 20, 2010 filed by Movant-Intervenors1 dated and filed on October 29, 2010, praying
that the Court (a) recall the entry of judgment, and (b) resolve their motion for reconsideration (i) a continuous territory of at least two thousand (2,000) square kilometers, as
of the July 20, 2010 Resolution. certified by the Lands Management Bureau; or

To provide a clear perspective of the instant motion, we present hereunder a brief (ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as
background of the relevant antecedents— certified by the National Statistics Office:

On October 2, 2006, the President of the Republic approved into law Republic Act (R.A.) No. Provided, That, the creation thereof shall not reduce the land area, population, and
9355 (An Act Creating the Province of Dinagat Islands).2 On December 3, 2006, the income of the original unit or units at the time of said creation to less than the
Commission on Elections (COMELEC) conducted the mandatory plebiscite for the ratification minimum requirements prescribed herein.
of the creation of the province under the Local Government Code (LGC).3The plebiscite
yielded 69,943 affirmative votes and 63,502 negative votes.4 With the approval of the people (b) The territory need not be contiguous if it comprises two (2) or more islands or is
from both the mother province of Surigao del separated by a chartered city or cities which do not contribute to the income of the
province.
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 (c) The average annual income shall include the income accruing to the general fund,
14, 2007 synchronized elections, the Dinagatnons elected their new set of provincial officials exclusive of special funds, trust funds, transfers, and non-recurring income.
who assumed office on July 1, 2007.5 (Emphasis supplied.)

On November 10, 2006, petitioners Rodolfo G. Navarro, Victor F. Bernal and Rene O. On February 10, 2010, the Court rendered its Decision9 granting the petition.10 The Decision
Medina, former political leaders of Surigao del Norte, filed before this Court a petition for declared R.A. No. 9355 unconstitutional for failure to comply with the requirements on
certiorari and prohibition (G.R. No. 175158) challenging the constitutionality of R.A. No. population and land area in the creation of a province under the LGC. Consequently, it
9355.6 The Court dismissed the petition on technical grounds. Their motion for declared the proclamation of Dinagat and the election of its officials as null and void. The
reconsideration was also denied.7

Page 1 of 12
Decision likewise declared as null and void the provision on Article 9(2) of the Rules and names of the candidates for the said position, (5) position of the Vice Governor, (6) the
Regulations Implementing the LGC (LGC-IRR), stating that, "[t]he land area requirement shall names of the candidates for the said position, (7) positions for the ten (10) Sangguniang
not apply where the proposed province is composed of one (1) or more islands" for being Panlalawigan Members and, [8] all the names of the candidates for Sangguniang
beyond the ambit of Article 461 of the LGC, inasmuch as such exemption is not expressly Panlalawigan Members, have already been configured into the system and can no longer be
provided in the law.11 revised within the remaining period before the elections on May 10, 2010.

The Republic, represented by the Office of the Solicitor General, and Dinagat filed their NOW, THEREFORE, with the current system configuration, and depending on whether the
respective motions for reconsideration of the Decision. In its Resolution12 dated May 12, Decision of the Supreme Court in Navarro vs. Ermita is reconsidered or not, the Commission
2010,13 the Court denied the said motions.14 RESOLVED, as it hereby RESOLVES, to declare that:

Unperturbed, the Republic and Dinagat both filed their respective motions for leave of court to a. If the Decision is reversed, there will be no problem since the current system
admit their second motions for reconsideration, accompanied by their second motions for configuration is in line with the reconsidered Decision, meaning that the Province of
reconsideration. These motions were eventually "noted without action" by this Court in its Dinagat Islands and the Province of Surigao del Norte remain as two (2) separate
June 29, 2010 Resolution.15 provinces;

Meanwhile, the movants-intervenors filed on June 18, 2010 a Motion for Leave to Intervene b. If the Decision becomes final and executory before the election, the Province of
and to File and to Admit Intervenors’ Motion for Reconsideration of the Resolution dated May Dinagat Islands will revert to its previous status as part of the First Legislative District,
12, 2010. They alleged that the COMELEC issued Resolution No. 8790, relevant to this case, Surigao del Norte.
which provides—
But because of the current system configuration, the ballots for the Province of
RESOLUTION NO. 8790 Dinagat Islands will, for the positions of Member, House of Representatives,
Governor, Vice Governor and Members, Sangguniang Panlalawigan, bear only the
WHEREAS, Dinagat Islands, consisting of seven (7) municipalities, were previously names of the candidates for the said positions.
components of the First Legislative District of the Province of Surigao del Norte. In December
2006 pursuant to Republic Act No. 9355, the Province of Dinagat Island[s] was created and Conversely, the ballots for the First Legislative District of Surigao del Norte, will, for
its creation was ratified on 02 December 2006 in the Plebiscite for this purpose; the position of Governor, Vice Governor, Member, House of Representatives, First
District of Surigao del Norte and Members, Sangguniang Panlalawigan, show only
WHEREAS, as a province, Dinagat Islands was, for purposes of the May 10, 2010 National candidates for the said position. Likewise, the whole Province of Surigao del Norte,
and Local Elections, allocated one (1) seat for Governor, one (1) seat for Vice Governor, one will, for the position of Governor and Vice Governor, bear only the names of the
(1) for congressional seat, and ten (10) Sangguniang Panlalawigan seats pursuant to candidates for the said position[s].
Resolution No. 8670 dated 16 September 2009;
Consequently, the voters of the Province of Dinagat Islands will not be able to vote
WHEREAS, the Supreme Court in G.R. No. 180050 entitled "Rodolfo Navarro, et al., vs. for the candidates of Members, Sangguniang Panlalawigan, and Member, House [of]
Executive Secretary Eduardo Ermita, as representative of the President of the Philippines, et Representatives, First Legislative District, Surigao del Norte, and candidates for
al." rendered a Decision, dated 10 February 2010, declaring Republic Act No. 9355 Governor and Vice Governor for Surigao del Norte. Meanwhile, voters of the First
unconstitutional for failure to comply with the criteria for the creation of a province prescribed Legislative District of Surigao del Norte, will not be able to vote for Members,
in Sec. 461 of the Local Government Code in relation to Sec. 10, Art. X, of the 1987 Sangguniang Panlalawigan and Member, House of Representatives, Dinagat Islands.
Constitution; Also, the voters of the whole Province of Surigao del Norte, will not be able to vote for
the Governor and Vice Governor, Dinagat Islands. Given this situation, the
Commission will postpone the elections for Governor, Vice Governor, Member,
WHEREAS, respondents intend to file Motion[s] for Reconsideration on the above decision of
House of Representatives, First Legislative District, Surigao del Norte, and Members,
the Supreme Court;
Sangguniang Panlalawigan, First Legislative District, Surigao del Norte, because the
election will result in [a] failure to elect, since, in actuality, there are no candidates for
WHEREAS, the electoral data relative to the: (1) position for Member, House of Governor, Vice Governor, Members, Sangguniang Panlalawigan, First Legislative
Representatives representing the lone congressional district of Dinagat Islands, (2) names of
the candidates for the aforementioned position, (3) position for Governor, Dinagat Islands, (4)

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 District, and Member, House of Representatives, First Legislative District (with On September 7, 2010, movants-intervenors filed a Motion for Reconsideration of the July 20,
Dinagat Islands) of Surigao del Norte. 2010 Resolution, citing several rulings17 of the Court, allowing intervention as an exception to
Section 2, Rule 19 of the Rules of Court that it should be filed at any time before the rendition
c. If the Decision becomes final and executory after the election, the Province of of judgment. They alleged that, prior to the May 10, 2010 elections, their legal interest in this
Dinagat Islands will revert to its previous status as part of the First Legislative District case was not yet existent. They averred that prior to the May 10, 2010 elections, they were
of Surigao del Norte. The result of the election will have to be nullified for the same unaware of the proceedings in this case. Even for the sake of argument that they had notice
reasons given in Item "b" above. A special election for Governor, Vice Governor, of the pendency of the case, they pointed out that prior to the said elections, Sol T. Matugas
Member, House of Representatives, First Legislative District of Surigao del Norte, was a simple resident of Surigao del Norte, Arturo Carlos A. Egay, Jr. was a member of the
and Members, Sangguniang Panlalawigan, First District, Surigao del Norte (with Sangguniang Panlalawigan of the Second District of Surigao del Norte, and Mamerto D.
Dinagat Islands) will have to be conducted. Galanida was the Municipal Mayor of Socorro, Surigao del Norte, and that, pursuant to
COMELEC Resolution No. 8790, it was only after they were elected as Governor of Surigao
del Norte, Vice Governor of Surigao del Norte and Sangguniang Panlalawigan Member of the
xxxx
First District of Surigao del Norte, respectively, that they became possessed with legal
interest in this controversy.
SO ORDERED.
On October 5, 2010, the Court issued an order for Entry of Judgment, stating that the
They further alleged that, because they are the duly elected officials of Surigao del Norte decision in this case had become final and executory on May 18, 2010. Hence, the above
whose positions will be affected by the nullification of the election results in the event that the motion.
May 12, 2010 Resolution is not reversed, they have a legal interest in the instant case and
would be directly affected by the declaration of nullity of R.A. No. 9355. Simply put, movants-
At the outset, it must be clarified that this Resolution delves solely on the instant Urgent
intervenors’ election to their respective offices would necessarily be annulled since Dinagat
Motion to Recall Entry of Judgment of movants-intervenors, not on the second motions for
Islands will revert to its previous status as part of the First Legislative District of Surigao del
reconsideration of the original parties, and neither on Dinagat’s Urgent Omnibus Motion,
Norte and a special election will have to be conducted for governor, vice governor, and
which our
House of Representatives member and Sangguniang Panlalawigan member for the First
Legislative District of Surigao del Norte. Moreover, as residents of Surigao del Norte and as
public servants representing the interests of their constituents, they have a clear and strong esteemed colleague, Mr. Justice Arturo D. Brion considers as Dinagat’s third motion for
interest in the outcome of this case inasmuch as the reversion of Dinagat as part of the First reconsideration. Inasmuch as the motions for leave to admit their respective motions for
Legislative District of Surigao del Norte will affect the latter province such that: (1) the whole reconsideration of the May 12, 2010 Resolution and the aforesaid motions for reconsideration
administrative set-up of the province will have to be restructured; (2) the services of many were already noted without action by the Court, there is no reason to treat Dinagat’s Urgent
employees will have to be terminated; (3) contracts will have to be invalidated; and (4) Omnibus Motion differently. In relation to this, the Urgent Motion to Recall Entry of Judgment
projects and other developments will have to be discontinued. In addition, they claim that their of movants-intervenors could not be considered as a second motion for reconsideration to
rights cannot be adequately pursued and protected in any other proceeding since their rights warrant the application of Section 3, Rule 15 of the Internal Rules of the Supreme Court.18 It
would be foreclosed if the May 12, 2010 Resolution would attain finality. should be noted that this motion prays for the recall of the entry of judgment and for the
resolution of their motion for reconsideration of the July 20, 2010 Resolution which remained
unresolved. The denial of their motion for leave to intervene and to admit motion for
In their motion for reconsideration of the May 12, 2010 Resolution, movants-intervenors
reconsideration of the May 12, 2010 Resolution did not rule on the merits of the motion for
raised three (3) main arguments to challenge the above Resolution, namely: (1) that the
reconsideration of the May 12, 2010 Resolution, but only on the timeliness of the intended
passage of R.A. No. 9355 operates as an act of Congress amending Section 461 of the LGC;
intervention. Their motion for reconsideration of this denial elaborated on movants-
(2) that the exemption from territorial contiguity, when the intended province consists of two
intervenors’ interest in this case which existed only after judgment had been rendered. As
or more islands, includes the exemption from the application of the minimum land area
such, their motion for intervention and their motion for reconsideration of the May 12, 2010
requirement; and (3) that the Operative Fact Doctrine is applicable in the instant case.
Resolution merely stand as an initial reconsideration of the said resolution.
In the Resolution dated July 20, 2010,16 the Court denied the Motion for Leave to Intervene
With due deference to Mr. Justice Brion, there appears nothing in the records to support the
and to File and to Admit Intervenors’ Motion for Reconsideration of the Resolution dated May
claim that this was a ploy of respondents’ legal tactician to reopen the case despite an entry
12, 2010 on the ground that the allowance or disallowance of a motion to intervene is
of judgment. To be sure, it is actually COMELEC Resolution No. 8790 that set this
addressed to the sound discretion of the Court, and that the appropriate time to file the said
controversy into motion anew. To reiterate, the pertinent portion of the Resolution reads:
motion was before and not after the resolution of this case.

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c. If the Decision becomes final and executory after the election, the Province of Dinagat Thus, it is imperative that the movants-intervenors be heard on the merits of their cause. We
Islands will revert to its previous status as part of the First Legislative District of Surigao del are not only a court of law, but also of justice and equity, such that our position and the dire
Norte. The result of the election will have to be nullified for the same reasons given in Item "b" repercussions of this controversy should be weighed on the scales of justice, rather than
above. A special election for Governor, Vice Governor, Member, House of Representatives, dismissed on account of mootness.
First Legislative District of Surigao del Norte, and Members, Sangguniang Panlalawigan, First
District, Surigao del Norte (with Dinagat Islands) will have to be conducted. (Emphasis The "moot and academic" principle is not a magical formula that can automatically dissuade
supplied.) the courts from resolving a case. Courts will decide cases, otherwise moot and academic, if:
(1) there is a grave violation of the Constitution; (2) there is an exceptional character of the
Indeed, COMELEC Resolution No. 8790 spawned the peculiar circumstance of proper party situation and the paramount public interest is involved; (3) the constitutional issue raised
interest for movants-intervenors only with the specter of the decision in the main case requires formation of controlling principles to guide the bench, the bar, and the public; and (4)
becoming final and executory. More importantly, if the intervention be not entertained, the the case is capable of repetition yet evading review.20 The second exception attends this
movants-intervenors would be left with no other remedy as regards to the impending case.
nullification of their election to their respective positions. Thus, to the Court’s mind, there is an
imperative to grant the Urgent Motion to Recall Entry of Judgment by movants-intervenors. This Court had taken a liberal attitude in the case of David v. Macapagal-Arroyo,21 where
technicalities of procedure on locus standi were brushed aside, because the constitutional
It should be remembered that this case was initiated upon the filing of the petition for issues raised were of paramount public interest or of transcendental importance deserving
certiorari way back on October 30, 2007. At that time, movants-intervenors had nothing at the attention of the Court. Along parallel lines, the motion for intervention should be given due
stake in the outcome of this case. While it may be argued that their interest in this case course since movants-intervenors have shown their substantial legal interest in the outcome
should have commenced upon the issuance of COMELEC Resolution No. 8790, it is obvious of this case, even much more than petitioners themselves, and because of the novelty,
that their interest in this case then was more imaginary than real. This is because COMELEC gravity, and weight of the issues involved.
Resolution No. 8790 provides that should the decision in this case attain finality prior to the
May 10, 2010 elections, the election of the local government officials stated therein would Undeniably, the motion for intervention and the motion for reconsideration of the May 12,
only have to be postponed. Given such a scenario, movants-intervenors would not have 2010 Resolution of movants-intervenors is akin to the right to appeal the judgment of a case,
suffered any injury or adverse effect with respect to the reversion of Dinagat as part of which, though merely a statutory right that must comply with the requirements of the rules, is
Surigao del Norte since they would simply have remained candidates for the respective an essential part of our judicial system, such that courts should proceed with caution not to
positions they have vied for and to which they have been elected. deprive a party of the right to question the judgment and its effects, and ensure that every
party-litigant, including those who would be directly affected, would have the amplest
For a party to have locus standi, one must allege "such a personal stake in the outcome of opportunity for the proper and just disposition of their cause, freed from the constraints of
the controversy as to assure that concrete adverseness which sharpens the presentation of technicalities.22
issues upon which the court so largely depends for illumination of difficult constitutional
questions." Because constitutional cases are often public actions in which the relief sought is Verily, the Court had, on several occasions, sanctioned the recall entries of judgment in light
likely to affect other persons, a preliminary question frequently arises as to this interest in the of attendant extraordinary circumstances.23 The power to suspend or even disregard rules of
constitutional question raised.19 procedure can be so pervasive and compelling as to alter even that which this Court itself had
already declared final.24 In this case, the compelling concern is not only to afford the movants-
It cannot be denied that movants-intervenors will suffer direct injury in the event their Urgent intervenors the right to be heard since they would be adversely affected by the judgment in
Motion to Recall Entry of Judgment dated October 29, 2010 is denied and their Motion for this case despite not being original parties thereto, but also to arrive at the correct
Leave to Intervene and to File and to Admit Intervenors’ Motion for Reconsideration of the interpretation of the provisions of the LGC with respect to the creation of local government
Resolution dated May 12, 2010 is denied with finality. Indeed, they have sufficiently shown units. In this manner, the thrust of the Constitution with respect to local autonomy and of the
that they have a personal and substantial interest in the case, such that if the May 12, 2010 LGC with respect to decentralization and the attainment of national goals, as hereafter
Resolution be not reconsidered, their election to their respective positions during the May 10, elucidated, will effectively be realized.
2010 polls and its concomitant effects would all be nullified and be put to naught. Given their
unique circumstances, movants-intervenors should not be left without any remedy before this On the merits of the motion for intervention, after taking a long and intent look, the Court finds
Court simply because their interest in this case became manifest only after the case had that the first and second arguments raised by movants-intervenors deserve affirmative
already been decided. The consequences of such a decision would definitely work to their consideration.
disadvantage, nay, to their utmost prejudice, without even them being parties to the dispute.
Such decision would also violate their right to due process, a right that cries out for protection.

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It must be borne in mind that the central policy considerations in the creation of local HON. ANGARA. Walang problema ‘yon, in fact that’s not very critical, ‘yong land area
government units are economic viability, efficient administration, and capability to deliver because…
basic services to their constituents. The criteria prescribed by the LGC, i.e., income,
population and land area, are all designed to accomplish these results. In this light, Congress, CHAIRMAN PIMENTEL. Okay, ya, our, the Senate version is 3.5, 3,500 square meters, ah,
in its collective wisdom, has debated on the relative weight of each of these three criteria, square kilometers.
placing emphasis on which of them should enjoy preferential consideration.
HON. LAGUDA. Ne, Ne. A province is constituted for the purpose of administrative efficiency
Without doubt, the primordial criterion in the creation of local government units, particularly of and delivery of basic services.
a province, is economic viability. This is the clear intent of the framers of the LGC. In this
connection, the following excerpts from congressional debates are quoted hereunder— CHAIRMAN PIMENTEL. Right.

HON. ALFELOR. Income is mandatory. We can even have this doubled because we HON. LAGUDA. Actually, when you come down to it, when government was instituted, there
thought… is only one central government and then everybody falls under that. But it was later on
subdivided into provinces for purposes of administrative efficiency.
CHAIRMAN CUENCO. In other words, the primordial consideration here is the economic
viability of the new local government unit, the new province? CHAIRMAN PIMENTEL. Okay.

xxxx HON. LAGUDA. Now, what we’re seeing now is that the administrative efficiency is no longer
there precisely because the land areas that we are giving to our governors is so wide that no
HON. LAGUDA. The reason why we are willing to increase the income, double than the one man can possibly administer all of the complex machineries that are needed.
House version, because we also believe that economic viability is really a minimum. Land
area and population are functions really of the viability of the area, because you have an Secondly, when you say "delivery of basic services," as pointed out by Cong. Alfelor, there
income level which would be the trigger point for economic development, population will are sections of the province which have never been visited by public officials, precisely
naturally increase because there will be an immigration. However, if you disallow the because they don’t have the time nor the energy anymore to do that because it’s so wide.
particular area from being converted into a province because of the population problems in Now, by compressing the land area and by reducing the population requirement, we are, in
the beginning, it will never be able to reach the point where it could become a province simply effect, trying to follow the basic policy of why we are creating provinces, which is to deliver
because it will never have the economic take off for it to trigger off that economic basic services and to make it more efficient in administration.
development.
CHAIRMAN PIMENTEL. Yeah, that’s correct, but on the assumption that the province is able
Now, we’re saying that maybe Fourteen Million Pesos is a floor area where it could pay for to do it without being a burden to the national government. That’s the assumption.
overhead and provide a minimum of basic services to the population. Over and above that,
the provincial officials should be able to trigger off economic development which will attract
immigration, which will attract new investments from the private sector. This is now the HON. LAGUDA. That’s why we’re going into the minimum income level. As we said, if we go
concern of the local officials. But if we are going to tie the hands of the proponents, simply by on a minimum income level, then we say, "this is the trigger point at which this administration
telling them, "Sorry, you are now at 150 thousand or 200 thousand," you will never be able to can take place."25
become a province because nobody wants to go to your place. Why? Because you never
have any reason for economic viability. Also worthy of note are the requisites in the creation of a barangay, a municipality, a city, and
a province as provided both in the LGC and the LGC-IRR, viz.—
xxxx
For a Barangay:
CHAIRMAN PIMENTEL. Okay, what about land area?
LGC: SEC. 386. Requisites for Creation. – (a) A barangay may be created out of a
HON. LUMAUIG. 1,500 square kilometers contiguous territory which has a population of at least two thousand (2,000) inhabitants as
certified by the National Statistics Office except in cities and municipalities within Metro
Manila and other metropolitan political subdivisions or in highly urbanized cities where such

Page 5 of 12
territory shall have a certified population of at least five thousand (5,000) inhabitants: Municipality:
Provided, That the creation thereof shall not reduce the population of the original barangay or
barangays to less than the minimum requirement prescribed herein. LGC: SEC. 442. Requisites for Creation. – (a) A municipality may be created if it has an
average annual income, as certified by the provincial treasurer, or at least Two million five
To enhance the delivery of basic services in the indigenous cultural communities, hundred thousand pesos (P2,500,000.00) for the last two (2) consecutive years based on the
barangays may be created in such communities by an Act of Congress, 1991 constant prices; a population of at least twenty-five thousand (25,000) inhabitants as
notwithstanding the above requirement. certified by the National Statistics Office; and a contiguous territory of at least fifty (50) square
kilometers as certified by the Lands
(b) The territorial jurisdiction of the new barangay shall be properly identified by
metes and bounds or by more or less permanent natural boundaries. The territory Management Bureau: Provided, That the creation thereof shall not reduce the land
need not be contiguous if it comprises two (2) or more islands. area, population or income of the original municipality or municipalities at the time of
said creation to less than the minimum requirements prescribed herein.
(c) The governor or city mayor may prepare a consolidation plan for barangays,
based on the criteria prescribed in this Section, within his territorial jurisdiction. The (b) The territorial jurisdiction of a newly-created municipality shall be properly
plan shall be submitted to the sangguniang panlalawigan or sangguniang panlungsod identified by metes and bounds. The requirement on land area shall not apply where
concerned for appropriate action. In the case of municipalities within the Metropolitan the municipality proposed to be created is composed of one (1) or more islands. The
Manila area and other metropolitan political subdivisions, the barangay consolidation territory need not be contiguous if it comprises two (2) or more islands.
plan can be prepared and approved by the sangguniang bayan concerned.
(c) The average annual income shall include the income accruing to the general fund
LGC-IRR: ARTICLE 14. Barangays. – (a) Creation of barangays by the sangguniang of the municipality concerned, exclusive of special funds, transfers and non-recurring
panlalawigan shall require prior recommendation of the sangguniang bayan. income.

(b) New barangays in the municipalities within MMA shall be created only by Act of (d) Municipalities existing as of the date of effectivity of this Code shall continue to
Congress, subject to the limitations and requirements prescribed in this Article. exist and operate as such. Existing municipal districts organized pursuant to
presidential issuances or executive orders and which have their respective set of
(c) Notwithstanding the population requirement, a barangay may be created in the elective municipal officials holding office at the time of the effectivity of this Code shall
indigenous cultural communities by Act of Congress upon recommendation of the henceforth be considered regular municipalities.
LGU or LGUs where the cultural community is located.
LGC-IRR: ARTICLE 13. Municipalities. – (a) Requisites for Creation – A municipality shall not
(d) A barangay shall not be created unless the following requisites are present: be created unless the following requisites are present:

(1) Population – which shall not be less than two thousand (2,000) (i) Income – An average annual income of not less than Two Million Five Hundred
inhabitants, except in municipalities and cities within MMA and other Thousand Pesos (₱2,500,000.00), for the immediately preceding two (2) consecutive
metropolitan political subdivisions as may be created by law, or in highly- years based on 1991 constant prices, as certified by the provincial treasurer. The
urbanized cities where such territory shall have a population of at least five average annual income shall include the income accruing to the general fund,
thousand (5,000) inhabitants, as certified by the NSO. The creation of a exclusive of special funds, special accounts, transfers, and nonrecurring income;
barangay shall not reduce the population of the original barangay or
barangays to less than the prescribed minimum/ (ii) Population – which shall not be less than twenty five thousand (25,000)
inhabitants, as certified by NSO; and
(2) Land Area – which must be contiguous, unless comprised by two (2) or
more islands. The territorial jurisdiction of a barangay sought to be created (iii) Land area – which must be contiguous with an area of at least fifty (50) square
shall be properly identified by metes and bounds or by more or less kilometers, as certified by LMB. The territory need not be contiguous if it comprises
permanent natural boundaries. two (2) or more islands. The requirement on land area shall not apply where the
proposed municipality is composed of one (1) or more islands. The territorial

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 jurisdiction of a municipality sought to be created shall be properly identified by metes be contiguous with an area of at least one hundred (100) square kilometers, as
and bounds. certified by LMB. The territory need not be contiguous if it comprises two (2) or more
islands or is separated by a chartered city or cities which do not contribute to the
The creation of a new municipality shall not reduce the land area, population, and income of the province. The land area requirement shall not apply where the
income of the original LGU or LGUs at the time of said creation to less than the proposed city is composed of one (1) or more islands. The territorial jurisdiction of a
prescribed minimum requirements. All expenses incidental to the creation shall be city sought to be created shall be properly identified by metes and bounds.
borne by the petitioners.
The creation of a new city shall not reduce the land area, population, and income of the
City: original LGU or LGUs at the time of said creation to less than the prescribed minimum
requirements. All expenses incidental to the creation shall be borne by the petitioners.
LGC: SEC. 450. Requisites for Creation. – (a) A municipality or a cluster of barangays may
be converted into a component city if it has an average annual income, as certified by the Provinces:
Department of Finance, of at least Twenty million pesos (₱20,000,000.00) for the last two (2)
consecutive years based on 1991 constant prices, and if it has either of the following LGC: SEC. 461. Requisites for Creation. – (a) A province may be created if it has an average
requisities: annual income, as certified by the Department of Finance, of not less than Twenty million
pesos (₱20,000,000.00) based on 1991 prices and either of the following requisites:
(i) a contiguous territory of at least one hundred (100) square kilometers, as
certified by the Lands Management Bureau; or, (i) a contiguous territory of at least two thousand (2,000) square kilometers,
as certified by the Lands Management Bureau; or,
(ii) a population of not less than one hundred fifty thousand (150,000)
inhabitants, as certified by the National Statistics Office: Provided, That, the (ii) a population of not less than two hundred fifty thousand (250,000)
creation thereof shall not reduce the land area, population, and income of the inhabitants as certified by the National Statistics Office:
original unit or units at the time of said creation to less than the minimum
requirements prescribed herein. Provided, That the creation thereof shall not reduce the land area, population, and
income of the original unit or units at the time of said creation to less than the
(b) The territorial jurisdiction of a newly-created city shall be properly identified by minimum requirements prescribed herein.
metes and bounds. The requirement on land area shall not apply where the city
proposed to be created is composed of one (1) or more islands. The territory need (b) The territory need not be contiguous if it comprises two (2) or more islands or is
not be contiguous if it comprises two (2) or more islands. separated by a chartered city or cities which do not contribute to the income of the
province.
(c) The average annual income shall include the income accruing to the general fund,
exclusive of special funds, transfers, and non-recurring income. (c) The average annual income shall include the income accruing to the general fund,
exclusive of special funds, trust funds, transfers, and non-recurring income.
LGC-IRR: ARTICLE 11. Cities. – (a) Requisites for creation – A city shall not be created
unless the following requisites on income and either population or land area are present: LGC-IRR: ARTICLE 9. Provinces. – (a) Requisites for creation – A province shall not be
created unless the following requisites on income and either population or land area are
(1) Income – An average annual income of not less than Twenty Million Pesos present:
(₱20,000,000.00), for the immediately preceding two (2) consecutive years based on
1991 constant prices, as certified by DOF. The average annual income shall include (1) Income – An average annual income of not less than Twenty Million pesos
the income accruing to the general fund, exclusive of special funds, special accounts, (₱20,000,000.00) for the immediately preceding two (2) consecutive years based on
transfers, and nonrecurring income; and 1991 constant prices, as certified by DOF. The average annual income shall include
the income accruing to the general fund, exclusive of special funds, special accounts,
(2) Population or land area – Population which shall not be less than one hundred transfers, and non-recurring income; and
fifty thousand (150,000) inhabitants, as certified by the NSO; or land area which must

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 (2) Population or land area – Population which shall not be less than two hundred fifty autonomy to enable them to attain their fullest development as self-reliant communities and
thousand (250,000) inhabitants, as certified by NSO; or land area which must be make them more effective partners in the attainment of national goals. Toward this end, the
contiguous with an area of at least two thousand (2,000) square kilometers, as State shall provide for a more responsive and accountable local government structure
certified by LMB. The territory need not be contiguous if it comprises two (2) or more instituted through a system of decentralization whereby local government units shall be given
islands or is separated by a chartered city or cities which do not contribute to the more powers, authority, responsibilities, and resources. The process of decentralization shall
income of the province. The land area requirement shall not apply where the proceed from the national government to the local government units.
proposed province is composed of one (1) or more islands. The territorial jurisdiction
of a province sought to be created shall be properly identified by metes and bounds. This declaration of policy is echoed in Article 3(a) of the LGC-IRR26 and in the Whereas
clauses of Administrative Order No. 270,27 which read—
The creation of a new province shall not reduce the land area, population, and income of the
original LGU or LGUs at the time of said creation to less than the prescribed minimum WHEREAS, Section 25, Article II of the Constitution mandates that the State shall ensure the
requirements. All expenses incidental to the creation shall be borne by the petitioners. autonomy of local governments;
(Emphasis supplied.)
WHEREAS, pursuant to this declared policy, Republic Act No. 7160, otherwise known as the
It bears scrupulous notice that from the above cited provisions, with respect to the creation of Local Government Code of 1991, affirms, among others, that the territorial and political
barangays, land area is not a requisite indicator of viability. However, with respect to the subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them
creation of municipalities, component cities, and provinces, the three (3) indicators of viability to attain their fullest development as self-reliant communities and make them more effective
and projected capacity to provide services, i.e., income, population, and land area, are partners in the attainment of national goals;
provided for.
WHEREAS, Section 533 of the Local Government Code of 1991 requires the President to
But it must be pointed out that when the local government unit to be created consists of one convene an Oversight Committee for the purpose of formulating and issuing the appropriate
(1) or more islands, it is exempt from the land area requirement as expressly provided in rules and regulations necessary for the efficient and effective implementation of all the
Section 442 and Section 450 of the LGC if the local government unit to be created is a provisions of the said Code; and
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 WHEREAS, the Oversight Committee, after due deliberations and consultations with all the
expressly stated under Article 9(2) of the LGC-IRR. concerned sectors of society and consideration of the operative principles of local autonomy
as provided in the Local Government Code of 1991, has completed the formulation of the
There appears neither rhyme nor reason why this exemption should apply to cities and implementing rules and regulations; x x x
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 Consistent with the declared policy to provide local government units genuine and meaningful
part of the land area of a newly-created province than in most cities or municipalities. It is, local autonomy, contiguity and minimum land area requirements for prospective local
therefore, logical to infer that the genuine legislative policy decision was expressed in Section government units should be liberally construed in order to achieve the desired results. The
442 (for municipalities) and Section 450 (for component cities) of the LGC, but was strict interpretation adopted by the February 10, 2010 Decision could prove to be counter-
inadvertently omitted in Section 461 (for provinces). Thus, when the exemption was expressly productive, if not outright absurd, awkward, and impractical. Picture an intended province that
provided in Article 9(2) of the LGC-IRR, the inclusion was intended to correct the consists of several municipalities and component cities which, in themselves, also consist of
congressional oversight in Section 461 of the LGC – and to reflect the true legislative intent. It islands. The component cities and municipalities which consist of islands are exempt from the
would, then, be in order for the Court to uphold the validity of Article 9(2) of the LGC-IRR. 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
This interpretation finds merit when we consider the basic policy considerations underpinning square kilometers, even if it consists of several islands. This would mean that Congress has
the principle of local autonomy. 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
Section 2 of the LGC, of which paragraph (a) is pertinent to this case, provides— 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
Sec. 2. Declaration of Policy. – (a) It is hereby declared the policy of the State that the territory of a province is scattered because the islands are separated by bodies of water, as
territorial and political subdivisions of the State shall enjoy genuine and meaningful local compared to one with a contiguous land mass.

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Moreover, such a very restrictive construction could trench on the equal protection clause, as "Dear Congressman Chiongbian:
it actually defeats the purpose of local autonomy and decentralization as enshrined in the
Constitution. Hence, the land area requirement should be read together with territorial We are in receipt of your letter of 17 October. Please be informed that your House No. 7166
contiguity. was incorporated in the proposed Local Government Code, Senate Bill No. 155, which is
pending for second reading.
Another look at the transcript of the deliberations of Congress should prove enlightening:
Thank you and warm regards.
CHAIRMAN ALFELOR. Can we give time to Congressman Chiongbian,28 with respect to
his… Very truly yours,"

CHAIRMAN LINA. Okay. That is the very context of the letter of the Senator, and we are quite surprised that the
Senate has adopted another position.
HON. CHIONGBIAN. At the outset, Chairman Lina, we would like to apprise the distinguished
Senator about the action taken by the House, on House Bill No. 7166. This was passed about So, we would like – because this is a unanimously approved bill in the House, that’s the only
two years ago and has been pending in the Senate for consideration. This is a bill that I am bill that is involving the present Local Government Code that we are practically considering;
not the only one involved, including our distinguished Chairman here. But then we did want to and this will be a slap on the House, if we do not approve it, as approved by the lower House.
sponsor the bill, being the Chairman then of the Local Government. This can be [an] irritant in the approval of the Conference Committee Report. And I just want
to manifest that insofar as the creation of the province, not only in my province, but the other
So, I took the cudgels for the rest of the Congressmen, who were more or less interested in provinces. That the mother province will participate in the plebiscite, they can defeat the
the creation of the new provinces, because of the vastness of the areas that were involved. province, let’s say, on the basis of the result, the province cannot be created if they lose in
the plebiscite, and I don’t see why, we should put this stringent conditions to the private
At any rate, this bill was passed by the House unanimously without any objection. And as I people of the devolution that they are seeking.
have said a while ago, that this has been pending in the Senate for the last two years. And
Sen. Pimentel himself was just in South Cotabato and he delivered a speech that he will So, Mr. Senator, I think we should consider the situation seriously, because, this is an
support this bill, and he says, that he will incorporate this in the Local Government Code, approved version of the House, and I will not be the one to raise up and question the
which I have in writing from him. I showed you the letter that he wrote, and naturally, we in Conference Committee Report, but the rest of the House that are interested in this bill. And
the House got hold of the Senate version. It becomes an impossibility for the whole they have been approaching the Speaker about this. So, the Speaker reminded me to make
Philippines to create a new province, and that is quite the concern of the respective sure that it takes the cudgel of the House approved version.
Congressmen.
So, that’s all what I can say, Mr. Senator, and I don’t believe that it is not, because it’s the
Now, insofar as the constitutional provision is concerned, there is nothing to stop the mother wish of the House, but because the mother province will participate anyhow, you vote them
province from voting against the bill, if a province is going to be created. down; and that is provided for in the Constitution. As a matter of fact, I have seen the
amendment with regards to the creation of the city to be urbanized, subject to the plebiscite.
So, we are talking about devolution of powers here. Why is the province not willing to create And why should we not allow that to happen in the provinces! In other words, we don’t want
another province, when it can be justified. Even Speaker Mitra says, what will happen to the people who wants to create a new province, as if they are left in the devolution of powers,
Palawan? We won’t have one million people there, and if you look at Palawan, there will be when they feel that they are far away from civilization.
about three or four provinces that will comprise that island. So, the development will be
hampered. Now, I am not talking about other provinces, because I am unaware, not aware of their
situation. But the province of South Cotabato has a very unique geographical territorial
Now, I would like to read into the record the letter of Sen. Pimentel, dated November 2, 1989. conglomerations. One side is in the other side of the Bay, of Sarangani Bay. The capital town
This was practically about a year after 7166 was approved by the House, House Bill 7166. is in the North; while these other municipalities are in the East and in the West. And if they
have to travel from the last town in the eastern part of the province, it is about one hundred
forty kilometers to the capital town. And from the West side, it is the same distance. And from
On November 2, 1989, the Senator wrote me:
the North side, it is about one hundred kilometers. So that is the problem there. And besides,
they have enough resources and I feel that, not because I am interested in the province, I am

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after their welfare in the future. Who am I to dictate on those people? I have no interest but CHAIRMAN LINA. Book III.
then I am looking at the future development of these areas.
CHAIRMAN ALFELOR. Title?
As a matter of fact, if I am in politics, it’s incidental; I do not need to be there, but I can
foresee what the creation of a new province will bring to these people. It will bring them CHAIRMAN LINA. Title IV.
prosperity; it will bring them more income, and it will encourage even foreign investors. Like
the PAP now, they are concentrating in South Cotabato, especially in the City of CHAIRMAN ALFELOR. I have been pondering on the case of James, especially on economic
stimulation of a certain area. Like our case, because I put myself on our province, our
General Santos and the neighboring municipalities, and they are quite interested and even province is quite very big. It’s composed of four (4) congressional districts and I feel it should
the AID people are asking me, "What is holding the creation of a new province when be five now. But during the Batasan time, four of us talked and conversed proposing to divide
practically you need it?" It’s not 20 or 30 kilometers from the capital town; it’s about 140 the province into two.
kilometers. And imagine those people have to travel that far and our road is not like
Metropolitan Manila. That is as far as from here to Tarlac. And there are municipalities there There are areas then, when since time immemorial, very few governors ever tread on those
that are just one municipality is bigger than the province of La Union. They have the income. areas. That is, maybe you’re acquainted with the Bondoc Peninsula of Quezon, fronting that
Of course, they don’t have the population because that’s a part of the land of promise and is Ragay Gulf. From Ragay there is a long stretch of coastal area. From Albay going to
people from Luzon are migrating everyday because they feel that there are more Ragay, very few governors ever tread [there] before, even today. That area now is infested
opportunities here. with NPA. That is the area of Congressman Andaya.

So, by creating the new provinces, not only in my case, in the other cases, it will enhance the Now, we thought that in order to stimulate growth, maybe provincial aid can be extended to
development of the Philippines, not because I am interested in my province. Well, as far as I these areas. With a big or a large area of a province, a certain administrator or provincial
am concerned, you know, I am in the twilight years of my life to serve and I would like to governor definitely will have no sufficient time. For me, if we really would like to stimulate
serve my people well. No personal or political interest here. I hope the distinguished growth, I believe that an area where there is physical or geographical impossibilities, where
Chairman of the Committee will appreciate the House Bill 7166, which the House has already administrators can penetrate, I think we have to create certain provisions in the law where
approved because we don’t want them to throw the Conference Committee Report after we maybe we can treat it with special considerations.
have worked that the house Bill has been, you know, drawn over board and not even
considered by the Senate. And on top of that, we are considering a bill that has not yet been
passed. So I hope the Senator will take that into account. Now, we went over the graduate scale of the Philipppine Local Government Data as far as
provinces are concerned. It is very surprising that there are provinces here which only
composed of six municipalities, eight municipalities, seven municipalities. Like in Cagayan,
Thank you for giving me this time to explain. Tuguegarao, there are six municipalities. Ah, excuse me, Batanes.

CHAIRMAN LINA. Thank you very much, Congressman James. We will look into the CHAIRMAN LINA. Will you look at the case of --- how many municipalities are there in
legislative history of the Senate version on this matter of creation of provinces. I am sure Batanes province?
there was an amendment. As I said, I’ll look into it. Maybe the House version was
incorporated in toto, but maybe during the discussion, their amendments were introduced
and, therefore, Senator Pimentel could not hold on to the original version and as a result new CHAIRMAN ALFELOR. Batanes is only six.
criteria were introduced.
CHAIRMAN LINA. Six town. Siquijor?
But because of the manifestation that you just made, we will definitely, when we reach a
book, Title IV, on the matter of provinces, we will look at it sympathetically from your end so CHAIRMAN ALFELOR. Siquijor. It is region?
that the objective that you want [to] achieve can be realized. So we will look at it with
sympathy. We will review our position on the matter, how we arrived at the Senate version CHAIRMAN LINA. Seven.
and we will adopt an open mind definitely when we come into it.
CHAIRMAN ALFELOR.L Seven. Anim.
CHAIRMAN ALFELOR. Kanino ‘yan?
CHAIRMAN LINA. Six also.

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CHAIRMAN ALFELOR. Six also. and uninhabited land areas by allowing them to directly share in the allocation of funds under
the national budget. It should be remembered that, under Sections 284 and 285
CHAIRMAN LINA. It seems with a minimum number of towns?
of the LGC, the IRA is given back to local governments, and the sharing is based on land
CHAIRMAN ALFELOR. The population of Siquijor is only 70 thousand, not even one area, population, and local revenue.30
congressional district. But tumaas in 1982. Camiguin, that is Region 9. Wala dito. Nagtataka
nga ako ngayon. Elementary is the principle that, if the literal application of the law results in absurdity,
impossibility, or injustice, then courts may resort to extrinsic aids of statutory construction,
CHAIRMAN LINA. Camiguin, Camiguin. such as the legislative history of the law,31 or may consider the implementing rules and
regulations and pertinent executive issuances in the nature of executive and/or legislative
construction. Pursuant to this principle, Article 9(2) of the LGC-IRR should be deemed
CHAIRMAN ALFELOR. That is region? Camiguin has five municipalities, with a population of
incorporated in the basic law, the LGC.
63 thousand. But we do not hold it against the province because maybe that’s one stimulant
where growth can grow, can start. The land area for Camiguin is only 229 square kilometers.
So if we hard fast on requirements of, we set a minimum for every province, palagay ko we It is well to remember that the LGC-IRR was formulated by the Oversight Committee
just leave it to legislation, eh. Anyway, the Constitution is very clear that in case we would like consisting of members of both the Executive and Legislative departments, pursuant to
to divide, we submit it to a plebiscite. Pabayaan natin ang tao. Kung maglalagay tayo ng set Section 53332 of the LGC. As Section 533 provides, the Oversight Committee shall formulate
ng minimum, tila yata mahihirapan tayo, eh. Because what is really the thrust of the Local and issue the appropriate rules and regulations necessary for the efficient and effective
Government Code? Growth. To devolve powers in order for the community to have its own implementation of any and all provisions of this Code, thereby ensuring compliance with the
idea how they will stimulate growth in their respective areas. principles of local autonomy as defined under the Constitution. It was also mandated by the
Constitution that a local government code shall be enacted by Congress, to wit—
So, in every geographical condition, mayroon sariling id[i]osyncracies eh, we cannot make a
generalization. Section 3. The Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system of
decentralization with effective mechanisms of recall, initiative, and referendum, allocate
CHAIRMAN LINA. Will the creation of a province, carved out of the existing province because
among the different local government units their powers, responsibilities, and resources, and
of some geographical id[i]osyncracies, as you called it, stimulate the economic growth in the
provide for the qualifications, election, appointment and removal, term, salaries, powers and
area or will substantial aid coming from the national government to a particular area, say, to a
functions and duties of local officials, and all other matters relating to the organization and
municipality, achieve the same purpose?
operation of the local units. (Emphasis supplied.)
CHAIRMAN ALFELOR. Ano tayo dito sa budget. All right, here is a province. Usually,
These State policies are the very reason for the enactment of the LGC, with the view to attain
tinitingnan lang yun, provision eh, hindi na yung composition eh. You are entitled to, say, 20%
decentralization and countryside development. Congress saw that the old LGC, Batas
of the area.
Pambansa Bilang 337, had to be replaced with a new law, now the LGC of 1991, which is
more dynamic and cognizant of the needs of the Philippines as an archipelagic country. This
There’s a province of Camarines Sur which have the same share with that of Camiguin and accounts for the exemption from the land area requirement of local government units
Siquijor, but Camiguin is composed only of five municipalities; in Siquijor, it’s composed of composed of one or more islands, as expressly stated under Sections 442 and 450 of the
six, but the share of Siquijor is the same share with that of the province of Camarines Sur, LGC, with respect to the creation of municipalities and cities, but inadvertently omitted from
having a bigger area, very much bigger. Section 461 with respect to the creation of provinces. Hence, the void or missing detail was
filled in by the Oversight Committee in the LGC-IRR.
That is the budget in process.
With three (3) members each from both the Senate and the House of Representatives,
CHAIRMAN LINA. Well, as I said, we are going to consider this very seriously and even with particularly the chairpersons of their respective Committees on Local Government, it cannot
sympathy because of the explanation given and we will study this very carefully.29 be gainsaid that the inclusion by the Oversight Committee of the exemption from the land
area requirement with respect to the creation of provinces consisting of one (1) or more
The matters raised during the said Bicameral Conference Committee meeting clearly show islands was intended by Congress, but unfortunately not expressly stated in Section 461 of
the manifest intention of Congress to promote development in the previously underdeveloped the LGC, and this intent was echoed through an express provision in the LGC-IRR. To be

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sure, the Oversight Committee did not just arbitrarily and whimsically insert such an So as it is exhorted to pass on a challenge against the validity of an act of Congress, a co-
exemption in Article 9(2) of the LGC-IRR. The Oversight Committee evidently conducted due equal branch of government, it behooves the Court to have at once one principle in mind: the
deliberation and consultations with all the concerned sectors of society and considered the presumption of constitutionality of statutes. This presumption finds its roots in the tri-partite
operative principles of local autonomy as provided in the LGC when the IRR was system of government and the corollary separation of powers, which enjoins the three great
formulated.33 Undoubtedly, this amounts not only to an executive construction, entitled to departments of the government to accord a becoming courtesy for each other’s acts, and not
great weight and respect from this Court,34 but to legislative construction as well, especially to interfere inordinately with the exercise by one of its official functions. Towards this end,
with the inclusion of representatives from the four leagues of local government units as courts ought to reject assaults against the validity of statutes, barring of course their clear
members of the Oversight Committee. unconstitutionality. To doubt is to sustain, the theory in context being that the law is the
product of earnest studies by Congress to ensure that no constitutional prescription or
With the formulation of the LGC-IRR, which amounted to both executive and legislative concept is infringed. Consequently, before a law duly challenged is nullified, an unequivocal
construction of the LGC, the many details to implement the LGC had already been put in breach of, or a clear conflict with, the Constitution, not merely a doubtful or argumentative
place, which Congress understood to be impractical and not too urgent to immediately one, must be demonstrated in such a manner as to leave no doubt in the mind of the Court.
translate into direct amendments to the LGC. But Congress, recognizing the capacity and
viability of Dinagat to become a full-fledged province, enacted R.A. No. 9355, following the WHEREFORE, the Court resolved to:
exemption from the land area requirement, which, with respect to the creation of provinces,
can only be found as an express provision in the LGC-IRR. In effect, pursuant to its plenary 1. GRANT the Urgent Motion to Recall Entry of Judgment by movants-intervenors,
legislative powers, Congress breathed flesh and blood into that exemption in Article 9(2) of dated and filed on October 29, 2010;
the LGC-IRR and transformed it into law when it enacted R.A. No. 9355 creating the Island
Province of Dinagat. 2. RECONSIDER and SET ASIDE the July 20, 2010 Resolution, and GRANT the
Motion for Leave to Intervene and to File and to Admit Intervenors’ Motion for
Further, the bill that eventually became R.A. No. 9355 was filed and favorably voted upon in Reconsideration of the Resolution dated July 20, 2010;
both Chambers of Congress. Such acts of both Chambers of Congress definitively show the
clear legislative intent to incorporate into the LGC that exemption from the land area 3. GRANT the Intervenors’ Motion for Reconsideration of the Resolution dated May
requirement, with respect to the creation of a province when it consists of one or more 12, 2010. The May 12, 2010 Resolution is RECONSIDERED and SET ASIDE. The
islands, as expressly provided only in the LGC-IRR. Thereby, and by necessity, the LGC was provision in Article 9(2) of the Rules and Regulations Implementing the Local
amended by way of the enactment of R.A. No. 9355. 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.
What is more, the land area, while considered as an indicator of viability of a local Accordingly, Republic Act No. 9355 (An Act Creating the Province of Dinagat Islands)
government unit, is not conclusive in showing that Dinagat cannot become a province, taking is declared as VALID and CONSTITUTIONAL, and the proclamation of the Province
into account its average annual income of ₱82,696,433.23 at the time of its creation, as of Dinagat Islands and the election of the officials thereof are declared VALID; and
certified by the Bureau of Local Government Finance, which is four times more than the
minimum requirement of ₱20,000,000.00 for the creation of a province. The delivery of basic 4. The petition is DISMISSED.
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 Dinagat’s existence as a province, they must No pronouncement as to costs.
be seen from the perspective that Dinagat is ready and capable of becoming a province. This
Court should not be instrumental in stunting such capacity. As we have held in League of SO ORDERED.
Cities of the Philippines v. Commission on Elections35 —

Ratio legis est anima. The spirit rather than the letter of the law. A statute must be read
according to its spirit or intent, for what is within the spirit is within the statute although it is not
within its letter, and that which is within the letter but not within the spirit is not within the
statute. Put a bit differently, that which is within the intent of the lawmaker is as much within
the statute as if within the letter, and that which is within the letter of the statute is not within
the statute unless within the intent of the lawmakers. Withal, courts ought not to interpret and
should not accept an interpretation that would defeat the intent of the law and its legislators.

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