Case Digest (G.R. No. 73155) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In G.R. No. 73155, decided en banc on July 11, 1986 under the 1973 Constitution, petitioners Patricio Tan, Felix Ferrer, Juan M. Hagad, Sergio Hilado, Virgilio Gaston, Conchita Minaya, Teresita Estacio, Desiderio Deferia, Romeo Gamboa, Alberto Lacson, Fe Hofilena, Emily Jison, Nieves Lopez and Cecilia Magsaysay, all residents of various cities and municipalities of Negros Occidental, filed on December 23, 1985 a petition for prohibition to restrain the Commission on Elections (COMELEC) from conducting a plebiscite scheduled on January 3, 1986. The plebiscite aimed to ratify Batas Pambansa Blg. 885, which took effect December 3, 1985 and created the Province of Negros del Norte by separating Silay, Cadiz and San Carlos cities plus eight municipalities from Negros Occidental. Petitioners contended that Section 3, Article XI of the Constitution and Section 197 of the Local Government Code required any plebiscite on creation or alteration of a province’s boundary to be held in the u Case Digest (G.R. No. 73155) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Enactment and scope of Batas Pambansa Blg. 885
- Approved December 3, 1985; created Province of Negros del Norte by separating Silay, Cadiz, San Carlos and seven municipalities from Negros Occidental.
- Provided plebiscite “in the proposed new province” within 120 days; COMELEC to supervise; funds charged to local treasury.
- Petitioners’ challenge and procedural history
- December 23, 1985: residents of Negros Occidental filed prohibition to stop the January 3, 1986 plebiscite, alleging constitutional and LGC infirmities.
- January 4, 1986: supplemental petition acknowledged plebiscite held, sought prohibition of proclamation and mandamus for a new plebiscite including all qualified voters of Negros Occidental.
- Respondents’ defense and factual disputes
- COMELEC and Provincial Treasurer argued presumption of validity, compliance with LGC requisites and that only “areas affected” (i.e., component cities/municipalities) voted.
- Petitioners produced data showing the new province’s land area ~2,765 km² (
Issues:
- Whether Article XI, Section 3 of the Constitution required the plebiscite to include all voters in Negros Occidental or only those in the territory to form Negros del Norte.
- Whether the new province satisfied the LGC area requirement of at least 3,500 km².
- Whether the petition is moot after the January 3, 1986 plebiscite and the subsequent proclamation and appointments.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)