Case Summary (G.R. No. 180050)
Legislative and Constitutional Framework
Under the 1987 Philippine Constitution, specifically Section 10, Article X, no local government unit—including provinces—may be created, divided, merged, abolished, or substantially altered except in accordance with criteria established in the Local Government Code and subject to approval by majority vote in a plebiscite directly affecting the political units involved.
Pursuant to this, Section 461 of Republic Act No. 7160 (the Local Government Code of 1991) prescribes the requisites for the creation of a province, requiring (1) an average annual income of at least ₱20 million (1991 constant prices), and either (2a) a contiguous territory of at least 2,000 square kilometers as certified by the Lands Management Bureau or (2b) a population of at least 250,000 as certified by the National Statistics Office (NSO). A proviso prevents the creation if it reduces the mother province’s land area, population, or income below these minimums. Importantly, under subsection (b), contiguity is not required if the territory comprises two or more islands or is separated by certain chartered cities.
Factual Background and Legislative Proceeding
The mother Province of Surigao del Norte was created in 1960 and encompasses three island groups: the Mainland (including Surigao City), Siargao Island and Bucas Grande, and Dinagat Island. According to the 2000 NSO Census, the population of Dinagat Island was 106,951, failing to meet the minimum population requirement.
In 2003, a special census conducted by the Provincial Government of Surigao del Norte, with NSO assistance but lacking NSO certification, claimed the Dinagat Islands had 371,576 inhabitants, surpassing the required 250,000. The Bureau of Local Government Finance certified that the proposed province’s average annual income exceeded ₱82 million, well above the requirement. However, the land area of the proposed province was only approximately 802.12 square kilometers, substantially less than the 2,000 sq. km. statutory requirement.
The bill creating the Province of Dinagat Islands was approved by Congress and signed into law on October 2, 2006. A plebiscite was held on December 2, 2006, ratifying the creation of the new province by a slim majority.
Petitioners’ Legal Contentions
Petitioners assert that RA No. 9355 is unconstitutional because Dinagat Islands fails to meet either the population or land area requirements in the Local Government Code. They argue that reliance on a special census without NSO certification contravenes legal certainty and that the land area exemption found in the Implementing Rules and Regulations (IRR), which exempts island-provinces from the minimum land area requirement, is invalid as it conflicts with the Local Government Code and the Constitution.
Additionally, petitioners claim that the creation amounts to political gerrymandering to benefit Congresswoman Glenda Ecleo-Villaroman by excluding Siargao Island, which would otherwise bolster population and land area counts.
Petitioners also question the integrity of the plebiscite results, given allegations of statistically improbable 100% voter turnout in certain precincts.
Respondents’ Arguments
Respondents maintain that Dinagat Islands complies with legal requirements. The Bureau of Local Government Finance certified sufficient income, and the special census, although not formally certified by the NSO, was conducted with its assistance and has credibility. They rely on the IRR provision exempting island provinces from the 2,000 sq. km. land area requirement. Respondents deny allegations of gerrymandering, asserting that the new province comprises closely situated islands and is a legitimate territorial unit.
They contend procedural objections by petitioners fail to bar the Court's review given the constitutional importance of the case.
Court’s Analysis on the Procedural and Jurisdictional Issues
The Court recognized the importance of relaxing standing rules when serious constitutional questions arise. It dismissed procedural challenges on standing and mootness, invoking the doctrine that constitutional issues capable of repetition but evading review justify judicial intervention.
The Court clarified that allegations of fraud or irregularities in the plebiscite are factual matters outside the scope of certiorari, which corrects jurisdictional errors or grave abuse of discretion. Such issues require appropriate administrative or electoral remedies, which petitioners waived.
Interpretation of the Territorial Requirement under Section 461 of the Local Government Code
The Court interpreted “territory” in Section 461 — requiring a contiguous territory of 2,000 square kilometers — as referring exclusively to the land area, excluding territorial waters. Contiguity means physical contact along sides of solid land masses. The exemption from contiguity applies if the proposed province comprises two or more islands or is separated by chartered cities that do not contribute income, but does not exempt the land area requirement.
The Court ruled that the added IRR provision exempting proposed provinces composed of one or more islands from the land area requirement is beyond the authority granted by the Local Government Code, rendering it null and void. Rules and regulations cannot contravene the law. The IRR’s exemption was not contemplated or authorized by the statute and, therefore, invalid.
Compliance of RA No. 9355 with Legal Requirements for Province Creation
The Court found undisputed that Dinagat Islands met the income requirement. However, it failed to satisfy the land area requirement, being approximately 802 sq. km. and thus falling short of the minimum 2,000 sq. km. The NSO 2000 Census and the 2007 official census certified a population well below the mandated 250,000.
The Court rejected the validity of the special census conducted by the Provincial Government in 2003 because it lacked NSO certification as required by law and thus could not be considered official. NSO officials’ tacit acceptance during legislative deliberations does not cure this defect.
Therefore, RA No. 9355 failed to satisfy either the land area or population criteria, rendering its enactment contrary to the Constitution and the Local Government Code.
On the Allegations of Gerrymandering
The Court noted that gerrymandering pertains to manipulation of legislative districts to favor a party and has constitutional safeguards. It found no evidence that the province’s boundaries were drawn to favor any political figure or party. Since the islands forming the Province of Dinagat are contiguous in a legal sense and do not include unrelated territories
...continue reading
Case Syllabus (G.R. No. 180050)
Background and Procedural History
- The petitioners, taxpayers and residents of Surigao del Norte, and former local officials, questioned the constitutionality of Republic Act No. 9355, which created the Province of Dinagat Islands.
- They filed a previous similar petition dismissed on technical grounds.
- R.A. No. 9355 was enacted by Congress and approved by the President on October 2, 2006.
- A plebiscite held on December 2, 2006 approved the creation of the new province.
- The new provincial officials took oath in January 2007, with subsequent elections held in May 2007.
- The petitioners filed a certiorari under Rule 65 seeking to nullify R.A. No. 9355 for alleged failure to meet constitutional and statutory requirements.
Factual Context: Composition and Demographics of Surigao del Norte and Dinagat Islands
- Surigao del Norte was created by R.A. No. 2786 in 1960.
- It encompasses three main groups: Mainland and Surigao City; Siargao Island and Bucas Grande; and Dinagat Island, composed of seven municipalities.
- According to the 2000 NSO Census:
- Surigao del Norte total population: 481,416.
- Dinagat Islands population: 106,951.
- Income certification by the Department of Finance for Dinagat Islands averaged ₱82,696,433.23 for 2002-2003.
- The land area of Dinagat Islands totals 802.12 square kilometers, including multiple islets.
- Special Census in 2003 by Surigao del Norte showed 371,576 population in Dinagat, but was not certified by NSO.
Legal Framework: Constitutional and Statutory Requirements for Creation of Provinces
- Article X, Section 10 of the 1987 Philippine Constitution mandates creation, division, or alteration of local government units (LGUs) per criteria established in the Local Government Code and subject to plebiscite approval.
- Section 461 of R.A. No. 7160 (Local Government Code) provides requisites:
- Average annual income ≥ ₱20 million (1991 constant prices).
- Either contiguous territory ≥ 2,000 sq km OR population ≥ 250,000 inhabitants.
- Territory need not be contiguous if composed of two or more islands or separated by chartered cities not contributing income.
- The 2001 IRR of the Local Government Code includes an additional provision exempting land area requirement for provinces composed of islands, which is not found in the Code itself.
Issues Raised
- Whether R.A. No. 9355 complies with constitutional and statutory requirements, particularly population and land area thresholds.
- Whether the creation of Dinagat Islands constitutes gerrymandering.
- Credibility and validity of the plebiscite results ratifying the province's creation.
- Respondent’s procedural defenses on standing, mootness, and finality of province's creation.
Court’s Analysis on Procedural Matters
- The Court relaxed standing requirements, given the paramount constitutional issues involved.
- The petition is not moot or academic, as supervening events do not preclude judicial review of possible constitutional violations.
- Alleged fraud in the plebiscite results are factual matters outside certiorari's scope, proper remedy lies with the Commission on Elections.
Interpretation of the Territorial Requirement: Contiguity and Land Area
- The Court referred to Tan v. COMELEC to clarify “territory” means land area only, excluding waters under jurisdiction.
- Contiguity means physical land contact; the Local Gover