Case Summary (G.R. No. 203114)
Petitioners
A group of voters from various cities and municipalities in Negros Occidental who seek to invalidate Batas Pambansa Blg. 885, restrain the COMELEC from proclaiming the plebiscite results, and require a new plebiscite including all affected voters.
Respondents
COMELEC, tasked by law with conducting the plebiscite, and the Provincial Treasurer, responsible for disbursing local funds for plebiscite expenses.
Key Dates
• Approval of Batas Pambansa Blg. 885: December 3, 1985
• Scheduled plebiscite (actually held): January 3, 1986
• Original petition filed: December 23, 1985
• Supplemental petition filed: January 4, 1986
• Decision date: July 11, 1986
Applicable Law
• 1973 Philippine Constitution, Article XI, Section 3 (“No province…may be created…except in accordance with…the votes in a plebiscite in the unit or units affected.”)
• Batas Pambansa Blg. 885 (creating the Province of Negros del Norte)
• Presidential Decree No. 337 (Local Government Code), Section 197 (requisites for creation of a province)
Procedural History
- Petitioners filed for a writ of prohibition and injunction to stop the COMELEC from holding the plebiscite as scheduled.
- After the plebiscite was nonetheless held, petitioners sought to prevent proclamation of its results and to compel a new plebiscite including all voters of Negros Occidental.
- The COMELEC and Provincial Treasurer filed comments asserting the law’s validity, arguing compliance with constitutional criteria, and contending the case was moot.
- The Supreme Court submitted the case for decision without dismissing it as moot.
Facts
• B.P. Blg. 885 detaches the Cities of Silay, Cadiz, San Carlos and eight municipalities from Negros Occidental to form Negros del Norte.
• The law provided for a plebiscite within 120 days but scheduled it in less than 30 days and confined voting to residents of the proposed new province.
• Petitioners allege that the mother province’s voters were excluded in violation of the constitutional mandate.
• The Commission conducted the plebiscite on January 3, 1986; a majority favored creation; proclamation and appointments followed.
Issues
- Whether the plebiscite limited to the territory of the proposed province violated Article XI, Section 3 of the 1973 Constitution by excluding voters of the remaining province.
- Whether B.P. Blg. 885 satisfied the land-area, population, and income requisites of Section 197, PD 337.
- Whether the petition has become moot and academic following the plebiscite and proclamation.
Petitioners’ Arguments
• Article XI, Section 3 requires a plebiscite in all “unit or units affected,” meaning both the territory to be detached and the remainder of the mother province.
• Section 197, PD 337 mandates a minimum territory of 3,500 km² and other requisites, which the new province did not meet (actual area ≈2,765 km²).
• Exclusion of three-quarters of Negros Occidental voters is unconstitutional.
Respondents’ Arguments
• B.P. Blg. 885 is entitled to a presumption of validity and complies with PD 337 by declaring its territory to be over 4,000 km² “more or less.”
• The phrase “unit or units affected” refers only to the areas composing the new province; voters of the rest of the parent province are not affected.
• The case is moot because the plebiscite was held and the province proclaimed and its officials appointed (fait accompli).
Court’s Analysis
• Mootness Rejected: The Court must determine the law’s constitutionality and correct any unconstitutional acts, despite subsequent proclamations.
• Constitutional Mandate: Article XI, Section 3 applies to any “province…created, divided…or boundary substantially altered,” affecting both the parent
Case Syllabus (G.R. No. 203114)
Factual Background
- On December 3, 1985, Batas Pambansa Blg. 885 took effect, creating a new province “Negros del Norte” carved from northern cities and municipalities of Negros Occidental.
- Petitioners, residents of various cities and municipalities of Negros Occidental, filed a petition for prohibition on December 23, 1985 to enjoin the plebiscite set for January 3, 1986.
- The Act named Silay, Cadiz, San Carlos and eight municipalities as the territory of the proposed province, prescribing a plebiscite “in the proposed new province” within 120 days of approval.
- Despite the petition, the plebiscite was hurriedly held January 3, 1986; 164,734 votes favored creation, 30,400 opposed, and the Commission on Elections (COMELEC) proclaimed Negros del Norte.
- Petitioners thereafter filed a supplemental pleading seeking (a) prohibition against proclaiming results, (b) mandamus ordering a new plebiscite including all qualified voters of the mother province, and (c) restraining release of local funds.
Constitutional and Statutory Provisions
- 1973 Constitution, Art. XI, Sec. 3: No province may be created, divided or have its boundary substantially altered except “in accordance with the criteria established in the local government code, and subject to the approval by a majority of the votes in a plebiscite in the unit or units affected.”
- Local Government Code (P.D. 337) Sec. 197: Requisites for creation of a province—minimum land area of 3,500 sq. km., population 500,000, and average annual income of ₱10 million for the last three years.
Petitioners’ Contentions
- B P 885 violates Art. XI, Sec. 3 of the Constitution by limiting the plebiscite to the territory comprising the new province, excluding the remainder of Negros Occidental.
- The new province’s land area falls below the 3,500 sq. km. threshold (approximately 2,765.4 sq. km. based on official statistics).
- The plebiscite held January 3, 1986 is a patent nullity,