Case Summary (G.R. No. 146319)
Petition for Certiorari: Plebiscite Timeliness and Campaign
In G.R. No. 146319, petitioner alleged that the COMELEC:
- Conducted the plebiscite one day beyond the 120-day period prescribed by Section 54 of RA 8806; and
- Failed to undertake the mandatory 20-day extensive information campaign prior to the plebiscite as required by implementing rules of the Local Government Code.
Petition for Prohibition: Alleged Unconstitutionality of RA 8806
In G.R. No. 146342, petitioner challenged RA 8806 on two grounds:
- The merger of two municipalities exceeded the mode of city creation under Section 450(a) of the Local Government Code, which refers only to the “conversion of a municipality or a cluster of barangays”; and
- The law embraced two subjects—city creation and municipal abolition—thereby violating the “one subject–one bill” rule in Article VI, Section 26(1) of the Constitution.
Presumption of Constitutionality
The Court reaffirmed that every statute enjoys a presumption of constitutionality, rooted in separation of powers. A law will not be declared unconstitutional unless its invalidity is shown beyond reasonable doubt.
Mode of City Creation Under the Constitution and Local Government Code
Section 10, Article X of the Constitution permits creation, merger, or abolition of local government units in accordance with Code criteria. Section 8 of the Local Government Code expressly recognizes merger as a mode of creating a new local government unit, subject to compliance with demographic, territorial, and income requirements. The Court held that the merger of two municipalities to form Sorsogon City was consistent with both the Constitution and the Local Government Code.
Legislative Wisdom and Judicial Restraint
The petitioner’s argument that Sorsogon Municipality alone qualified for cityhood went to legislative wisdom, which the judiciary cannot question. Courts may invalidate legislation only on clear constitutional grounds, not on expediency.
One Subject–One Bill Rule
The Court observed that the abolition of the two municipalities was an inherent consequence of the merger and not a separate legislative subject. The title of RA 8806 sufficiently informed the public of its general object—creating Sorsogon City by merging municipalities—and thus complied with the constitutional requirement.
Validity of the Plebiscite Period
Although Section 54 of RA 8806 referred to “approval” of the Act, Section 65 fixed its effectivity upon publication. Under Section 10 of t
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Procedural History
- Two separate petitions were filed by petitioner Benjamin E. Cawaling, Jr. and later consolidated:
- G.R. No. 146319 (Certiorari): Filed January 2, 2001, seeking annulment of the plebiscite ratifying R.A. 8806.
- G.R. No. 146342 (Prohibition): Filed January 4, 2001, seeking to enjoin implementation of R.A. 8806 as unconstitutional.
- Both petitions consolidated by resolution dated September 25, 2001.
Statutory and Constitutional Framework
- Republic Act No. 8806 (signed August 16, 2000): “An Act Creating The City Of Sorsogon By Merging The Municipalities Of Bacon And Sorsogon…”
- Section 54: Requires plebiscite within 120 days “from the approval of this Act.”
- Section 65: Provides effectivity “upon its publication in at least two (2) newspapers of general and local circulation.”
- 1987 Constitution, Article X, Section 10: No local government unit may be created, divided, merged, or abolished except in accordance with Code criteria and ratified by plebiscite.
- Local Government Code of 1991:
- Section 8: Division and merger of existing LGUs comply with creation requirements.
- Section 10: Plebiscite for creation, division, merger to be conducted within 120 days from effectivity of law.
- Section 450: Requisites and modes for conversion of municipality or cluster of barangays into component city.
Factual Background
- R.A. 8806 enacted August 16, 2000; published first August 25, 2000 (TODAY) and again September 1, 2000 (local paper).
- COMELEC conducted plebiscite on December 16, 2000; PCBC proclaimed ratification on December 17, 2000.
- First city officials elected May 14, 2001; City Government of Sorsogon has since exercised corporate and political powers.
Petitioner’s Arguments
- In G.R. No. 146319 (Certiorari):
- Plebiscite held beyond the 120-day period measured from August 16, 2000.
- COMELEC failed to conduct a required 20-day extensive informatio