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    Navarro V Ermita

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    Katrina Anjela Caguiat
    The Supreme Court upheld the law creating the Province of Dinagat Islands from the former Surigao del Norte province. While Dinagat had a land area smaller than mandated, it consisted of islands and the law exempted islands from the land area requirement. Dinagat also had average annual income well above the minimum for a province and proved capable of sustaining basic services. The Court found Congress acted within its legislative powers to create Dinagat province based on the exemption.

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    Navarro V Ermita

    Uploaded by

    Katrina Anjela Caguiat
    21 views2 pages
    The Supreme Court upheld the law creating the Province of Dinagat Islands from the former Surigao del Norte province. While Dinagat had a land area smaller than mandated, it consisted of islands and the law exempted islands from the land area requirement. Dinagat also had average annual income well above the minimum for a province and proved capable of sustaining basic services. The Court found Congress acted within its legislative powers to create Dinagat province based on the exemption.

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    CASE DIGEST

    Original Title

    NAVARRO V ERMITA (1)

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    The Supreme Court upheld the law creating the Province of Dinagat Islands from the former Surigao del Norte province. While Dinagat had a land area smaller than mandated, it consisted of islands and the law exempted islands from the land area requirement. Dinagat also had average annual income well above the minimum for a province and proved capable of sustaining basic services. The Court found Congress acted within its legislative powers to create Dinagat province based on the exemption.

    Copyright:

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

    Navarro V Ermita

    Uploaded by

    Katrina Anjela Caguiat
    The Supreme Court upheld the law creating the Province of Dinagat Islands from the former Surigao del Norte province. While Dinagat had a land area smaller than mandated, it consisted of islands and the law exempted islands from the land area requirement. Dinagat also had average annual income well above the minimum for a province and proved capable of sustaining basic services. The Court found Congress acted within its legislative powers to create Dinagat province based on the exemption.

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    © All Rights Reserved
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    of 2

    Navarro v. Ermita, GR No.

    180050, 12 April 2011, (land area as a factor)

    Facts:

    On October 2, 2006, the President of the Republic approved into law Republic Act (R.A.) No. 9355 (An
    Act Creating the Province of Dinagat Islands). On December 3, 2006, the Commission on Elections
    (COMELEC) conducted the mandatory plebiscite for the ratification of the creation of the province under
    the Local Government Code (LGC). The plebiscite 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. On November 10, 2006, petitioners Rodolfo G.
    Navarro, Victor F. Bernal and Rene O. Medina, former political leaders of Surigao del Norte, filed before
    this Court a petition for certiorari and prohibition (G.R. No. 175158) challenging the constitutionality of
    R.A. No. 9355. The Court dismissed the petition on technical grounds. Their motion for reconsideration
    was also denied.

    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 alleged 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. They pointed out that when the law
    was passed, Dinagat had a land area of 802.12 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

    Issue:

    Whether or not the law creating Dinagat Province is valid.

    Held:

    The Congress in recognizing the capacity and viability of Dinagat to become a full-fledged province
    enacted R.A. No. 9355 following the 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 legislative powers, Congress breathed flesh and blood into that exemption in Article 9(2) of
    the LGC-IRR and transformed it into law when it enacted R.A. No. 9355 creating the Island Province of
    Dinagat. Further, the bill that eventually became R.A. No. 9355 was filed and favorably voted upon in
    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 requirement, with
    respect to the creation of a province when it consists of one or more islands, as expressly provided only
    in the LGC-IRR.
    Thereby, and by necessity, the LGC was amended by way of the enactment of R.A. No. 9355. 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 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 Dinagat’s existence as a province, they must 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. Consequently, before a law duly
    challenged is nullified, an unequivocal breach of, or a clear conflict with, the Constitution, not merely a
    doubtful or argumentative one, must be demonstrated in such a manner as to leave no doubt in the
    mind of the Court. 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.

    Accordingly, Republic Act No. 9355 (An Act Creating the Province of Dinagat Islands) is declared as VALID
    and CONSTITUTIONAL, and the proclamation of the Province of Dinagat Islands and the election of the
    officials thereof are declared VALID.

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