G.R. No. 180050 - Navarro vs. Ermita

Case Summary (G.R. No. 180050)

Procedural Posture and Disposition

Two motions for reconsideration were filed — one by the Office of the Solicitor General on behalf of public respondents and the other by Governor Villaroman. The Court denied both motions for lack of merit and reaffirmed the earlier decision that RA 9355 is unconstitutional, that the proclamation of the Province of Dinagat Islands and the election of its officials are null and void, and that Article 9(2) of the Implementing Rules and Regulations (IRR) of the Local Government Code (providing that the land area requirement shall not apply where the proposed province is composed of one or more islands) is null and void.

Legal Framework — Constitution and Local Government Code

The 1987 Constitution governs because the decision is dated 2010. The controlling constitutional provision is Section 10, Article X (creation, division, merger, abolition or alteration of local government units must conform to criteria in the Local Government Code and be subject to a plebiscite). The primary statutory provisions are Section 461 (requisites for creation of a province) and Section 7 (general powers and attributes of local government units) of R.A. No. 7160 (Local Government Code of 1991). Article 9 of the IRR to the Local Government Code is also central.

Issue Presented

Whether RA 9355 complied with the statutory requisites for creation of a province under Section 461 of the Local Government Code (income plus either a contiguous territory of at least 2,000 square kilometers certified by LMB or a population of at least 250,000 certified by NSO), and whether the IRR provision exempting island provinces from the land area requirement is valid.

Factual Findings Relevant to the Requisites

RA 9355 and supporting documents indicated the proposed province’s land area as approximately 802.12 square kilometers. Official NSO figures: 2000 Census—106,951 population (at time of proclamation December 3, 2006); a special census conducted by the provincial government in 2003 purportedly yielded 371,576 inhabitants but was not certified by NSO; 2007 NSO Census certified Dinagat Islands population as 120,813 (August 1, 2007). The Bureau of Local Government Finance certified the income requirement was met.

Majority Holding — Population Requirement

The Court held that RA 9355 failed the population test under Section 461. The only NSO-certified population figures on record did not meet the 250,000 threshold: the 2000 NSO census and the 2007 NSO census both reflected populations far below 250,000. The special census of 2003 lacked NSO certification and thus could not substitute for the statutorily required NSO certification.

Majority Holding — Land Area and Contiguity Requirement

The Court held the Province failed the territorial/land area requirement because RA 9355 itself reported only approximately 802.12 square kilometers, short of the 2,000 sq. km. mandated by Section 461(a)(i). The Court construed Section 461(b) as dispensing only with the contiguity requirement where the territory comprises two or more islands or is separated by certain chartered cities; paragraph (b) does not exempt such provinces from the minimum land area requirement of 2,000 square kilometers.

IRR Article 9(2) — Validity and Scope

The Court declared Article 9(2) of the IRR (which stated that the land area requirement shall not apply where the proposed province is composed of one or more islands) null and void because it contradicted Section 461 of the Local Government Code. Where an implementing rule conflicts with the statute it implements, the statute controls; the IRR cannot add an exemption to Section 461 that the statute does not contain.

Statutory Interpretation and Separation of Powers

The majority applied a plain-text and functional construction of Section 461 and Section 7, treating contiguity and land area as separate requirements: contiguity may be dispensed with in island cases, but the land area minimum remains unless the legislature itself amends the Local Government Code. The Court emphasized its duty as guardian of the Constitution to ensure that legislative or executive acts comply with statutory and constitutional criteria, notwithstanding any subsequent fait accompli.

Presumption of Validity, Operative Fact Doctrine, and Precedents

The Court rejected movants’ arguments based on presumption of validity and the operative fact doctrine. The presumption of constitutionality does not shield enactments that clearly violate constitutional provisions and statutory criteria. The Court distinguished League of Cities (which applied operative fact and legislative intent considerations because the cityhood laws at issue were understood to implement a legislative intent expressed in R.A. No. 9009) and cited Fariñas and Tan for the principle that courts must not abandon their duty to declare unconstitutional laws that transgress constitutional or statutory limits merely because a new political subdivision has begun operating; acceptance of a fait accompli cannot perpetuate illegality.

Relief and Practical Effect

Because RA 9355 was declared unconstitutional and Article 9(2) of the IRR invalidated, the proclamation of the Province of Dinagat Islands and the election of its officials were declared null and v

Case Syllabus (G.R. No. 180050)

Procedural Posture and Relief Sought

Two Motions for Reconsideration were filed against the Court's Decision dated February 10, 2010: one by the Office of the Solicitor General (OSG) on behalf of public respondents, and another by respondent Governor Geraldine Ecleo Villaroman representing the Province of Dinagat Islands.
The Court’s February 10, 2010 Decision had granted the petition and declared Republic Act No. 9355 unconstitutional; the motions challenged that Decision.
The present resolution addresses and denies both Motions for Reconsideration for lack of merit.

Dispositive Portion of the February 10, 2010 Decision (as reproduced)

The petition is GRANTED.
Republic Act No. 9355, “An Act Creating the Province of Dinagat Islands,” is declared unconstitutional.
The proclamation of the Province of Dinagat Islands and the election of the officials thereof are declared NULL and VOID.
Article 9(2) of the Rules and Regulations Implementing the Local Government Code of 1991 provision stating, “The land area requirement shall not apply where the proposed province is composed of one (1) or more islands,” is declared NULL and VOID.

Parties and Representatives

Petitioners: Rodolfo G. Navarro, Victor F. Bernal, and Rene O. Medina.
Respondents: Executive Secretary Eduardo Ermita (representing the President of the Philippines); the Senate (represented by the Senate President); the House of Representatives (represented by the House Speaker); Governor Robert Ace S. Barbers (representing the mother Province of Surigao del Norte); Governor Geraldine Ecleo Villaroman (representing the new Province of Dinagat Islands).
Office of the Solicitor General acted on behalf of public respondents in filing a Motion for Reconsideration.

Issues Presented in the Motions for Reconsideration

Whether R.A. No. 9355 was enacted in conformity with the Constitution and the Local Government Code of 1991, specifically compliance with Section 461 requisites (income, population, land area/contiguity).
Whether Article 9(2) of the IRR (exempting island provinces from the land area requirement) is valid or whether it goes beyond the Local Government Code and is therefore void.
Whether the acts of the Legislature and Executive in enacting R.A. No. 9355 merit deference under the presumption of constitutionality.
Whether the “operative fact” doctrine and prevailing jurisprudence require upholding R.A. No. 9355 despite noncompliance with statutory requisites.

Factual Background

The Dinagat Islands consist of municipalities Basilisa, Cagdianao, Dinagat, Libjo, Loreto, San Jose, and Tubajon with aggregate land area stated in R.A. No. 9355 as approximately 802.12 square kilometers.
At proclamation of the new province on December 3, 2006, the 2000 NSO Census recorded an official population of 106,951 for the Dinagat Islands.
A special census of population was conducted in 2003 by the Provincial Government of Surigao del Norte yielding a population figure of 371,000 (371,576 in some references), but that result was not certified by the NSO as required.
The NSO 2007 Census certified Dinagat Islands’ population as 120,813 as of August 1, 2007.
The Bureau of Local Government Finance certified an average annual income for the proposed province well above the statutory income threshold (example: P82,696,433.23 based on 1991 constant prices as cited in the dissent).

Statutory Provisions and Implementing Rules at Issue

Constitution: Section 10, Article X – creation, division, merger, abolition or substantial alteration of provinces, cities, municipalities, barangays must be in accordance with criteria in the Local Government Code and subject to plebiscite approval by political units directly affected.
Local Government Code of 1991:
- Section 7 (Creation and Conversion) sets general indicators: income, population, land area (land area must be contiguous unless it comprises two or more islands or is separated by an independent local government unit); compliance attested by DOF, NSO, LMB.
- Section 461 (Requisites for Creation) requires average annual income (P20,000,000.00 based on 1991 constant prices) and either (i) contiguous territory of at least 2,000 square kilometers as certified by LMB, or (ii) population of not less than 250,000 inhabitants as certified by NSO; provided creation will not reduce original unit(s) below minimum requirements; paragraph (b) provides that territory need not be contiguous if it comprises two or more islands or is separated by chartered city/cities that do not contribute to province income.
Rules and Regulations Implementing the Local Government Code of 1991 (IRR), Article 9:
- Reiterates income and either population (250,000) or land area (contiguous at least 2,000 sq. km) requirements.
- States: “The territory need not be contiguous if it comprises two (2) or more islands, or is separated by a chartered city or cities which do not contribute to the income of the province.”
- Additionally states: “The land area requirement shall not apply where the proposed province is composed of one (1) or more islands.” (Clause declared null and void by the Court’s Decision.)

Court’s Findings on Population Requirement

The Court held R.A. No. 9355 failed to comply with the population requirement of Section 461.
The 2000 NSO Census official population for Dinagat Islands was 106,951, well below the 250,000 statutory minimum.
The 2003 special census showing 371,000 was not certified by the NSO, and thus did not satisfy the mandatory certification requirement under the Local Government Code.
The 2007 NSO certification showed a population of 120,813 as of August 1, 2007, still below the 250,000 threshold.
Respondents failed to prove that using the higher (uncertified) special census figure, the creation of the new province would not reduce the mother province’s population below minimum requirements; thus population requisite was not met as certified by NSO.

Court’s Findings on Land Area and Contiguity Requirement

R.A. No. 9355 itself states the Province of Dinagat Islands contains an appro