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Q. No. 19 | Political Law | Bar 2023
The island of Coron belongs to the province of Palawan. The Bureau of Local Government Finance certified that the average annual income of the island of Coron based on the 1991 constant prices was ₱82,696,433.23.
Based on the latest Census of Population and Housing conducted by the Philippine Statistics Authority, the population of Coron is 371,576, while its land area is 802.12 square kilometers as certified by the Land Management Bureau.
Republic Act No. 222 was enacted by Congress creating the province of Coron Island and was approved by the President.
Thereafter, a plebiscite was held which yielded 69,943 affirmative votes and 63,502 negative votes.
Is the creation of the province of Coron Island consistent with the requirements under Section 10, Article X of the 1987 Constitution and Section 461 of the Local Government Code?
Explain briefly.
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Discussion
Section 10, Article X of the 1987 Constitution:
SECTION 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.
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Section 461 of the Local Government Code:
Section 461. Requisites for Creation.
(a) A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million pesos (P20,000,000.00) based on 1991 constant prices and either of the following requisites:
(i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or
(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office:
Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein.
(b) The territory need not be contiguous if it comprise two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province.
(c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers and non-recurring income.
RELATED
NOTE
The case is similar to that case of RODOLFO G. NAVARRO, et al vs. EXECUTIVE SECRETARY EDUARDO ERMITA; where the Supreme Court held:
As regards the first ground, the movants reiterate the same arguments in their respective Comments that aside from the undisputed compliance with the income requirement, Republic Act (R.A.) No. 9355, creating the Province of Dinagat Islands, has also complied with the population and land area requirements.
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The arguments are unmeritorious and have already been passed upon by the Court in its Decision, ruling that R.A. No. 9355 is unconstitutional, since it failed to comply with either the territorial or population requirement contained in Section 461 of R.A. No. 7160, otherwise known as the Local Government Code of 1991.
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When the Dinagat Islands was proclaimed a new province on December 3, 2006, it had an official population of only 106,951 based on the 2000 Census of Population conducted by the National Statistics Office (NSO), which population is short of the statutory requirement of 250,000 inhabitants.
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Although the Provincial Government of Surigao del Norte conducted a special census of population in Dinagat Islands in 2003, which yielded a population count of 371,000, the result was not certified by the NSO as required by the Local Government Code.1 Moreover, respondents failed to prove that with the population count of 371,000, the population of the original unit (mother Province of Surigao del Norte) would not be reduced to less than the minimum requirement prescribed by law at the time of the creation of the new province.2 Less than a year after the proclamation of the new province, the NSO conducted the 2007 Census of Population. The NSO certified that as of August 1, 2007, Dinagat Islands had a total population of only 120,813,[3] which was still below the minimum requirement of 250,000 inhabitants. Based on the foregoing, R.A. No. 9355 failed to comply with the population requirement of 250,000 inhabitants as certified by the NSO.
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Section 7, Chapter 2 (entitled General Powers and Attributes of Local Government Units) of the Local Government Code provides:
SEC. 7. Creation and Conversion. — As a general rule, the creation of a local government unit or its conversion from one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit:
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(a) Income. — It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned;
(b) Population. — It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unit concerned; and
(c) Land area. — It must be contiguous, unless it comprises two (2) or more islands, or is separated by a local government unit independent of the others; properly identified by metes and bounds with technical descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its populace.
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Therefore, there are two requirements for land area: (1) the land area must be contiguous; and (2) the land area must be sufficient to provide for such basic services and facilities to meet the requirements of its populace. A sufficient land area in the creation of a province is at least 2,000 square kilometers, as provided by Section 461 of the Local Government Code .
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Thus, Section 461 of the Local Government Code, providing the requisites for the creation of a province, specifically states the requirement of "a contiguous territory of at least two thousand (2,000) square kilometers."
Hence, contrary to the arguments of both movants, the requirement of a contiguous territory and the requirement of a land area of at least 2,000 square kilometers are distinct and separate requirements for land
area under paragraph (a) (i) of Section 461 and Section 7 (c) of the Local Government Code.
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However, paragraph (b) of Section 461 provides two instances of exemption from the requirement of territorial contiguity, thus:
(b) 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.9
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Contrary to the contention of the movants, the exemption above pertains only to the requirement of territorial contiguity. It clearly states that the requirement of territorial contiguity may be dispensed with in the case of a province comprising two or more islands, or is separated by a chartered city or cities which do not contribute to the income of the province.
Nowhere in paragraph (b) is it expressly stated or may it be implied that when a province is composed of two or more islands, or when the territory of a province is separated by a chartered city or cities, such province need not comply with the land area requirement of at least 2,000 square kilometers or the requirement in paragraph (a) (i) of Section 461of the Local Government Code.
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Where the law is free from ambiguity, the court may not introduce exceptions or conditions where none is provided from considerations of convenience, public welfare, or for any laudable purpose;10 neither may it engraft into the law qualifications not contemplated,11 nor construe its provisions by taking into account questions of expediency, good faith, practical utility and other similar reasons so as to relax non-compliance therewith.12 Where the law speaks in clear and categorical language, there is no room for interpretation, but only for application.13
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Moreover, the OSG contends that since the power to create a local government unit is vested with the Legislature, the acts of the Legislature and the Executive branch in enacting into law R.A. No. 9355 should be respected as petitioners failed to overcome the presumption of validity or constitutionality.
In Fariñas v. The Executive Secretary,15 the Court held:
Every statute is presumed valid. The presumption is that the legislature intended to enact a valid, sensible and just law and one which operates no further than may be necessary to effectuate the specific purpose of the law.
It is equally well-established, however, that the courts, as guardians of the Constitution, have the inherent authority to determine whether a statute enacted by the legislature transcends the limit imposed by the fundamental law. And where the acts of the other branches of government run afoul of the Constitution, it is the judiciary’s solemn and sacred duty to nullify the same.
In this case, R.A. No. 9355 was declared unconstitutional because there was utter failure to comply with either the population or territorial requirement for the creation of a province under Section 461 of the Local Government Code.
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The Court, while respecting the doctrine of separation of powers, cannot renege on its duty to determine whether the other branches of the government have kept themselves within the limits of the Constitution, and determine whether illegality attached to the creation of the province in question. To abandon this duty only because the Province of Dinagat Islands has began its existence is to consent to the passage of a law that is violative of the provisions of the Constitution and the Local Government Code, rendering the law and the province created null and void. The Court cannot tolerate such nullity to be in existence. Where the acts of other branches of the government go beyond the limit imposed by the Constitution, it is the sacred duty of the judiciary to nullify the same.17
RODOLFO G. NAVARRO, et al vs. EXECUTIVE SECRETARY EDUARDO ERMITA, representing the President of the Philippines; et al, G.R. No. 180050, May 12, 2010
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FOOTNOTE
10 University of the Philippines Board of Regents v. Auditor General, G.R. No. L-19617, October 31, 1969, 30 SCRA 5, 17.
13 Cebu Portland Cement Company v. Municipality of Naga, Cebu, G.R. Nos. 24116-17, August 22, 1968, 24 SCRA 708, 712; Ruben E. Agpalo, Statutory Construction (1986), p. 47.
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