Case Digest (G.R. No. 180050) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In the petition for certiorari filed by Rodolfo G. Navarro, Victor F. Bernal, and Rene O. Medina (petitioners), they assailed Republic Act No. 9355—enacted October 2, 2006 and ratified in a December 3, 2006 plebiscite—on the ground that it created the Province of Dinagat Islands without satisfying the requisites of Section 461 of the Local Government Code of 1991. Respondents included Executive Secretary Eduardo Ermita (representing the President), the Senate President, the House Speaker, Governor Robert Ace S. Barbers (Surigao del Norte), and Governor Geraldine Ecleo Villaroman (Dinagat Islands). Petitioners pointed out that the National Statistics Office (NSO) certified only 120,813 inhabitants in the 2007 census—well below the 250,000 threshold—and that RA 9355 itself stated a land area of 802.12 sq km, below the 2,000 sq km requirement. Respondents relied on Article 9(2) of the IRR of the Local Government Code, which purported to exempt island provinces from the land area cr Case Digest (G.R. No. 180050) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Petitioners Rodolfo G. Navarro, Victor F. Bernal, and Rene O. Medina challenged Republic Act No. 9355 (RA 9355), creating the Province of Dinagat Islands.
- Respondents included the Executive Secretary (on behalf of the President), the Senate President, the House Speaker, Governor Robert Ace S. Barbers (Surigao del Norte), and Governor Geraldine Ecleo Villaroman (Dinagat Islands).
- Statutory Framework
- Section 461, Local Government Code (LGC): requires average annual income ≥ ₱20 million plus either (i) contiguous territory ≥ 2,000 sq km or (ii) population ≥ 250,000; contiguity may be dispensed if composed of islands.
- Article 9, IRR of the LGC: reiterates income and either population or land area requirement, adds express exemption that land area need not apply where the proposed province is composed of one or more islands.
- Creation and Demographics of Dinagat Islands
- Plebiscite held December 3, 2006 approved creation; officials appointed January 2007; local elections held May 2007.
- Population per 2000 NSO Census: 106,951; special 2003 provincial census: 371,576 (not NSO-certified); 2007 NSO Census: 120,813.
- Land area per statute: 802.12 sq km; LMB certificate based on IRR exemption.
- Procedural History
- February 10, 2010 En Banc decision declared RA 9355 and IRR Art. 9(2) unconstitutional for failing to meet LGC requirements.
- Office of the Solicitor General and Governor Villaroman filed Motions for Reconsideration.
Issues:
- Statutory Compliance
- Did RA 9355 satisfy Section 461’s population or land area requirement?
- Is the IRR exemption validly dispensatory of the 2,000 sq km land area criterion?
- Constitutional and Institutional Questions
- Should the Legislature’s and Executive’s enactment of RA 9355 be upheld under the presumption of constitutionality?
- Does the operative-fact doctrine bar judicial relief given Dinagat Islands’ existing governance structures?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)