Case Summary (G.R. No. 180050)
Population Requirement Analysis
Section 461(a)(ii) of the Local Government Code requires a minimum of 250,000 inhabitants as certified by the NSO. At the time of creation, Dinagat Islands had only 106,951 inhabitants (2000 census) and 120,813 in 2007. The 2003 special census (371,576) was invalid for lack of NSO certification and failure to show that Surigao del Norte retained its minimum population.
Land Area Requirement Analysis
Section 461(a)(i) mandates a contiguous territory of at least 2,000 square kilometers as certified by the Lands Management Bureau. Dinagat Islands has only 802.12 km². Respondents’ reliance on IRR Article 9(2) exemption for island provinces was struck down as exceeding the statute, since Section 461 does not exempt island provinces from the minimum land area.
Distinct Contiguity and Size Requirements
Both Section 7(c) and Section 461(a)(i) establish two separate land area requisites: contiguity and sufficiency (2,000 km²). Section 461(b) dispenses only with contiguity when a province comprises two or more islands or is separated by non-contributing chartered cities; it does not dispense with the minimum size requirement.
Legislative Power and Constitutional Mandate
Article X, Section 10 of the Constitution vests in Congress the power to create provinces “in accordance with the criteria established in the local government code.” Any derogation from those criteria, including exemptions, must appear in the Code itself. No amendment to Section 461 has added an island-province land-area exemption.
Presumption of Validity and Judicial Review
Although every statute is presumed constitutional, courts must invalidate laws that clearly contravene constitutional or statutory mandates. Petitioners overcame the presumption by demonstrating non-compliance with Section 461’s explicit requisites.
Rejection of Operative Fact Doctrine
The Court refused to sustain R.A. 9355 under the operative fact doctrine. Despite the existence of a “fait accompli” (plebiscite results, elections, and formation of provincial government), the judiciary’s duty to nullify unconstitutional acts prevails over considerations of expediency.
Dissent on Exemption Interpretation and Legislative Intent
Justice Perez (dissenting) argued that income is the primary viability criterion and that Section 461(b)’s exemption for island provinces logically extends to both contiguity and minimum area. He relied on legislative debates prioritizing economic viability and on IRR Article 9’s explicit island-province land-area exemption as a valid executive construction under Section 533 of the Local Go
...continue readingCase Syllabus (G.R. No. 180050)
Procedural Background
- Petitioner-intervenors challenged the constitutionality of Republic Act No. 9355 (creating the Province of Dinagat Islands) in G.R. No. 180050.
- On February 10, 2010, the Supreme Court En Banc declared RA 9355 unconstitutional for failing to meet territorial or population requirements under Section 461, Local Government Code.
- Two Motions for Reconsideration were filed: one by the Office of the Solicitor General (on behalf of public respondents) and one by Governor Geraldine Ecleo Villaroman (representing Dinagat Islands).
Statement of Facts
- RA 9355 was enacted on October 2, 2006 and ratified by plebiscite on December 3, 2006, creating the Province of Dinagat Islands.
- 2000 NSO Census: population of Dinagat Islands at 106,951 (below the 250,000-inhabitant requirement).
- 2003 special census by Surigao del Norte: 371,000 inhabitants but uncertified by NSO.
- 2007 NSO Census: population at 120,813 (still below 250,000).
- RA 9355 specified land area of 802.12 sq km (below 2,000 sq km requirement).
- Article 9(2) of IRR to Local Government Code exempted “island” provinces from land area requirement; LMB issued compliance certificate on that basis.
Issues
- Whether RA 9355 complied with Section 461’s requisites for creating a province (income, population, contiguous land area).
- Whether the exemption in Article 9(2) IRR validly dispenses with the 2,000 sq km land area requirement for island provinces.
- Whether the presumption of constitutionality and the operative-fact doctrine justify upholding RA 9355 despite deficiencies.
Arguments for Reconsideration
- Ground I: RA 9355 complied with the 1987 Constitution and the Local Government Code; IRR is interpretative and clarifies Sect