G.R. No. 105120 - Grino vs. Commission on Elections

Case Summary (G.R. No. 105120)

Factual Background

The sub-province of Guimaras then comprised the municipalities of Buenavista, Jordan and Nueva Valencia and formed part of Iloilo's second congressional district together with eight other municipalities. Historically, the voters of Guimaras voted for provincial officials of Iloilo. Section 462 of R.A. 7160 required a plebiscite in affected areas, to be conducted by the Commission on Elections, to decide conversion of existing sub-provinces into regular provinces simultaneously with the first national elections after the Code's effectivity. The Comelec scheduled and conducted such plebiscite simultaneously with the May 11, 1992 elections and provided ballots bearing the plebiscite question.

Comelec's Ballot Design and Action

The ballots distributed for the three municipalities of Guimaras included the plebiscite question but omitted any spaces for the election of governor, vice-governor and the members of the Sangguniang Panlalawigan representing Iloilo's second district. The Comelec, by its conduct, thereby disallowed voters in Guimaras from voting for provincial officials of Iloilo in the May 11, 1992 elections.

Petition and Relief Sought

On May 13, 1992, petitioners filed a Rule 65 petition for certiorari alleging that the Comelec acted without jurisdiction and with grave abuse of discretion in disallowing Guimaras voters from voting for Iloilo provincial officials and members of the Sangguniang Panlalawigan for the second district. Petitioners alleged that Section 462 did not expressly deprive sub-province voters of the right to vote for provincial officials in the simultaneous elections and that the Comelec failed to inform candidates and voters of any disenfranchisement.

Interim Relief and Procedural History

The Court issued a temporary restraining order on May 14, 1992 enjoining respondents from canvassing and proclaiming results for Iloilo governor, vice-governor and second district Sangguniang Panlalawigan members. Respondents filed comments on May 28, 1992 and petitioners replied on June 9, 1992. The TRO was lifted on June 17, 1992. Perla S. Zulueta moved to intervene and her intervention was admitted; other motions to intervene were denied as being untimely or not directly affected. An amended petition adding Evelyn C. Jiz was filed on July 8, 1992.

Statutory Provision at Issue

Section 462, R.A. 7160 provides for conversion of existing sub-provinces into regular provinces upon approval by a majority in a plebiscite held in the sub-provinces and the original provinces directly affected, to be conducted simultaneously with the national elections following the Code's effectivity. The section directs that newly created legislative districts remain represented by duly elected representatives of the original districts until successors are elected, prescribes that incumbent elected officials of converted sub-provinces continue in office until June 30, 1992, and provides appointment procedures by the President for vacancies or for filling positions after conversion.

Court's Analysis of Section 462

The Court found Section 462 to be incomplete and inadequate to cover all eventualities. The provision clearly contemplated the appointment of provincial officials by the President after effectivity of conversion where conversion is approved; it also provided for presidential appointment to fill vacancies or expired terms in the event of a negative vote, but the statute did not expressly address whether voters of a sub-province should be allowed to vote for provincial officials in the simultaneous elections when the plebiscite is held. The Court observed that the Comelec acted under a mistaken presumption that presidential appointments would supplant the need for sub-province voters to participate in provincial elections irrespective of the plebiscite outcome.

Factual Determination on Pleadings

The Court noted the actual plebiscite result: an overwhelming majority in favor of conversion of Guimaras into a regular province, with 283,224 Yes vo

Case Syllabus (G.R. No. 105120)

Parties and Procedural Posture

Simplicio C. Grino, Arturo Gadian, Laban ng Demokratikong Pilipino, Evelyn C. Jiz and Perla Zulueta filed a petition for certiorari under Rule 65, Rules of Court challenging the conduct of the plebiscite and related ballot omissions during the May 11, 1992 elections.
Commission on Elections and Iloilo Provincial Board of Canvassers were named as respondents and filed a comment through the Office of the Solicitor General.
The petitioners sought relief from the Court alleging that respondents acted without jurisdiction and with grave abuse of discretion by disallowing Guimaras voters to vote for provincial officials of Iloilo.
The Court issued a temporary restraining order on May 14, 1992 enjoining canvass and proclamation for governor, vice-governor and sangguniang panlalawigan members of Iloilo.
The temporary restraining order was lifted on June 17, 1992 after comment and reply were filed.
Perla S. Zulueta was admitted to intervene and her petition in intervention was resolved with the main petition, while other motions to intervene were denied on July 9, 1992.
An amended petition was filed on July 8, 1992 to add Evelyn C. Jiz as a petitioner.

Key Facts

The sub-province of Guimaras comprised the municipalities of Buenavista, Jordan and Nueva Valencia and had a combined voting population of 50,000, more or less.
The three municipalities of Guimaras formed part of the second district of the Province of Iloilo together with the municipalities of Pavia, Leganes, Sta. Barbara, New Lucena, Zarraga, Alimodian, Leon and San Miguel.
Prior to the 1992 elections, voters in the municipalities of Guimaras had been allowed to vote for provincial officials of Iloilo.
R.A. 7160 (the 1991 Local Government Code) took effect on January 1, 1992 and Section 462 thereof required a plebiscite for conversion of existing sub-provinces into regular provinces to be held simultaneously with the next national elections.
Comelec issued Resolution No. 2410 on April 15, 1992 to govern the plebiscite and provided that all registered voters of Iloilo except Iloilo City, and those in the sub-province of Guimaras, who were qualified to vote for provincial officials were qualified to vote in the plebiscite.
Ballots distributed for the three municipalities of Guimaras contained a plebiscite question but did not contain spaces for voting for the governor, vice-governor and the members of the Sangguniang Panlalawigan representing the second district of Iloilo.
Petitioners observed that the ballots for Guimaras omitted the provision to vote for Iloilo provincial officials and alleged lack of notice to candidates and voters of such exclusion.
The plebiscite results overwhelmingly approved the conversion of Guimaras into a regular province with 283,224 "Yes" votes and 42,524 "No" votes.
Newspapers reported that the President subsequently appointed a governor for the newly created Province of Guimaras.

Statutory Framework

Section 462, R.A. 7160 provided that existing sub-provinces were converted into regular provinces upon approval by a majority of votes cast in a plebiscite to be held in the sub-provinces and the original provinces directly affected.
Section 462, R.A. 7160 required that the plebiscite be conducted by the Comelec simultaneously with the national elections following the effectivity of the Code.
Section 462, R.A. 7160 provided that new legislative districts created by such conversion shall continue to be represented by the duly elected representatives of the original districts until th