Navarro v. Ermita
REITERATIONFacts
The Antecedents: Petitioners, taxpayers and residents of Surigao del Norte, sought to nullify Republic Act (R.A.) No. 9355, which created the Province of Dinagat Islands. They alleged that the creation of the new province unjustly deprived Surigao del Norte of territory, resources, and Internal Revenue Allocation. The mother province, Surigao del Norte, was composed of three island groups, including Dinagat Island, which comprised seven municipalities. Procedural History: The Office of the President advised the Sangguniang Panlalawigan of Surigao del Norte of the deficient population in the proposed Province of Dinagat Islands. A special census conducted by the Provincial Government of Surigao del Norte yielded a population of 371,576, but this was not certified by the National Statistics Office (NSO). The Bureau of Local Government Finance certified an average annual income of ₱82,696,433.25 for the proposed province, with a land area of 802.12 square kilometers. Despite these figures, the NSO's 2000 Census showed the population of Dinagat Island as 106,951. R.A. No. 9355 was enacted, and a plebiscite was held where the creation of Dinagat Islands was ratified by a majority vote. Subsequently, provincial officials took their oath of office, and the Province of Dinagat Islands commenced its corporate existence. The Petition: Petitioners contended that R.A. No. 9355 failed to comply with the population or land area requirements under Section 461 of the Local Government Code. They argued that the exemption from the land area requirement for island provinces, as stated in the Implementing Rules and Regulations (IRR), was not found in the Local Government Code itself and thus invalid. They also raised issues of gerrymandering and the credibility of the plebiscite results.
Issue(s)
Whether Republic Act No. 9355 complied with the constitutional and statutory requirements under Section 461 of the Local Government Code of 1991. Whether the creation of Dinagat as a new province is an act of gerrymandering. Whether the result of the plebiscite is credible and truly reflects the mandate of the people.
Ruling
The petition is GRANTED. Republic Act No. 9355 is declared unconstitutional. The proclamation of the Province of Dinagat Islands and the election of its officials are declared NULL and VOID. 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 NULL and VOID.
Ratio Decidendi
On the compliance with statutory requirements for the creation of a province: The Court held that R.A. No. 9355 failed to comply with the statutory requirements for the creation of a province under Section 461 of the Local Government Code of 1991. The proposed Province of Dinagat Islands had a land area of only 802.12 square kilometers, falling short of the required 2,000 square kilometers. Furthermore, based on the NSO's 2000 Census, its population was 106,951, which was below the minimum requirement of 250,000 inhabitants. The Court emphasized that the Local Government Code requires certification from the NSO for population figures, and a special census conducted by the provincial government, even with the assistance of an NSO representative, was not sufficient without official NSO certification. The Court also noted that even the NSO's own projections indicated the population requirement would not be met until 2065. The Court declared null and void the provision in Article 9(2) of the IRR which stated that '[t]he land area requirement shall not apply where the proposed province is composed of one (1) or more islands.' The Court reasoned that this provision in the IRR went beyond the scope of Section 461 of the Local Government Code, which did not provide for such an exemption. The Court reiterated the principle that implementing rules and regulations cannot contradict or go beyond the provisions of the basic law they implement. The exemption in the IRR was not found in the Local Government Code and was therefore considered an extraneous provision that could not be considered germane to the purpose of the law. On the issue of gerrymandering: The Court found the petitioners' contention that the creation of the Province of Dinagat Islands was an act of gerrymandering to be unsubstantiated. The Court defined gerrymandering as the apportionment of districts to give an unfair advantage to a party in power. It noted that the Province of Dinagat Islands consisted of one island and closely situated islets, and there was no evidence presented to support the claim that its creation was intended to favor a particular political figure or party by manipulating district boundaries. The Court stated that the allegations were unsubstantiated and did not warrant a declaration of unconstitutionality on this ground. On the credibility of the plebiscite results: The Court held that allegations of fraud and irregularities in the conduct of a plebiscite are factual in nature and cannot be resolved in a special civil action for certiorari under Rule 65 of the Rules of Court. This remedy is limited to correcting errors of jurisdiction, including grave abuse of discretion. The Court noted that petitioners admitted they did not file any electoral protest with the Commission on Elections (COMELEC), which is the proper forum for such claims. Therefore, the Court declined to rule on the credibility of the plebiscite results in this certiorari proceeding.
Main Doctrine
Republic Act No. 9355, creating the Province of Dinagat Islands, is unconstitutional for failing to comply with the statutory requirements for the creation of a province under Section 461 of the Local Government Code of 1991, specifically the land area and population requirements. Furthermore, the provision in the Implementing Rules and Regulations exempting island provinces from the land area requirement is null and void as it contradicts the Local Government Code.