G.R. No. 180050 - Navarro vs. Ermita

Petitioners Rodolfo G. Navarro, Victor F. Bernal, and Rene O. Medina, taxpayers and residents of Surigao del Norte, filed a petition under Rule 65 seeking to nullify Republic Act No. 9355 (R.A. No. 9355), which created the Province of Dinagat Islands, on grounds of unconstitutionality.
Respondents include Executive Secretary Eduardo Ermita (representing the President), the Senate, the House of Representatives, Governor Robert Ace S. Barbers (representing Surigao del Norte), and Governor Geraldine Ecleo Villaroman (representing Dinagat Islands).
Petitioners had previously filed a similar petition which was dismissed on technical grounds.

Surigao del Norte, created under R.A. No. 2786 (1960), consists of three groups of islands:

Mainland and Surigao City
Siargao Island and Bucas Grande
Dinagat Island, composed of seven municipalities: Basilisa, Cagdianao, Dinagat, Libjo, Loreto, San Jose, and Tubajon

The 2000 Census reported the province’s total population at 481,416, with Dinagat Island having 106,951 inhabitants.

Average annual income not less than ₱20 million (1991 constant prices) certified by the Department of Finance (DOF)
Either: (i) contiguous territory of at least 2,000 square kilometers (certified by the Lands Management Bureau), or (ii) population of not less than 250,000 inhabitants (certified by the National Statistics Office)
Territory need not be contiguous if it consists of two or more islands or is separated by chartered cities not contributing to the province's income

In April 2002, the Deputy Executive Secretary for Legal Affairs notified the Province of Surigao del Norte of deficient population in the proposed Dinagat Islands.
A special 2003 census was conducted by Surigao del Norte with NSO assistance, showing a population of 371,576 in Dinagat; however, the NSO did not certify this result.
Governor Barbers declared the 2003 special census official via Proclamation No. 01.
The Bureau of Local Government Finance certified the average annual income of the proposed province as ₱82,696,433.23 based on 2002–2003 data.
The land area of Dinagat Islands is approximately 802.12 square kilometers.

The Senate and House passed the bill creating Dinagat Islands in August 2006; President Arroyo signed it into law (R.A. No. 9355) on October 2, 2006.
A plebiscite held on December 2, 2006, approved the creation with 69,943 votes for and 63,502 against.
The province’s officials took oath and began official functions between January and July 2007.

The creation failed to comply with the population and land area requisites of Section 461 of the LGC.
The House and Senate relied erroneously on the Implementing Rules and Regulations (IRR) provision exempting land area for island provinces.
The plebiscite results were allegedly dubious and potentially fraudulent.

The proposed province met income requirements, and the IRR exempts island provinces from the land area requirement.
The special census, although uncertified by the NSO, was credible given NSO’s participation and lack of objection during legislative hearings.
Petitioners lack legal standing and the case is moot and academic, given the province’s established existence.

Whether Republic Act No. 9355 complied with constitutional and statutory requirements for province creation under Section 461 of the Local Government Code.
Whether the creation of Dinagat Islands constitutes an act of gerrymandering.
Whether the plebiscite ratifying the creation of Dinagat Islands was credible and reflects the true mandate of the people.