Law School Noob: [CASE SUMMARY] NAVARRO vs. ERMITA (G.R. No. 180050)

Wednesday, February 5, 2020

[CASE SUMMARY] NAVARRO vs. ERMITA (G.R. No. 180050)

RODOLFO G. NAVARRO, VICTOR F. BERNAL and RENE O. MEDINA v. EXECUTIVE SECRETARY EDUARDO ERMITA, representing the President of the Philippines; Senate of the Philippines, represented by the SENATE PRESIDENT; 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 CONGRESSMAN FRANCISCO T. MATUGAS, HON. SOL T. MATUGAS, HON. ARTURO CARLOS A. EGAY, JR., HON. SIMEON VICENTE G. CASTRENCE, HON. MAMERTO D. GALANIDA, HON. MARGARITO M. LONGOS, and HON. CESAR M. BAGUNDOL, Intervenors

April 12, 2011

Ponente: Nachura, J.

SUMMARY:

In 2006, R.A. No. 9355 creating the Province of Dinagat Islands was signed into law by then President GMA. The creation of the province was ratified by the people from both the mother province of Surigao del Norte and the Province of Dinagat Islands in a plebiscite held in the same year.

Also in 2006, herein petitioners filed a petition before the SC calling for the declaration of R.A. No. 9355 as unconstitutional on the ground that the creation of the Province of Dinagat Islands failed to comply with the requirements on population and land area under the Local Government Code. The SC dismissed the said petition on technical grounds.

PGMA then appointed the interim set of provincial officials who took their oath of office in 2007. Later, during the May 14, 2007 synchronized elections, the Dinagatnons elected their new set of provincial officials who assumed office July 2007.

Herein petitioners once again filed a petition before the SC calling for the declaration of R.A. No. 9355 as unconstitutional on the same ground as their 1st petition. This time, though, the SC issued in 2010 a resolution declaring the law unconstitutional on the ground that the creation of the Province of Dinagat Islands failed to comply with the requirements on population and land area under the Local Government Code.

With the SC’s latest resolution in mind, the Comelec issued a resolution of its own prior to the conduct of the 2010 national elections. In the said resolution, Comelec noted that once the SC’S 2nd resolution becomes final and executory before the June 2010 elections, then the Province of Dinagat Islands and the Province of Surigao del Norte will remain as two separate provinces. However, if the SC’s 2nd resolution becomes final and executory after the national elections, the Province of Dinagat Islands will revert to its previous status as part of the First Legislative District of Surigao del Norte, which meant the results of the 2010 election in Dinagat Islands shall be nullified.

The Comelec’s resolution prompted the elected leaders of the Province of Dinagat Islands to intervene and file an Urgent Motion to Recall Entry of Judgment to challenge the SC’s declaration of R.A. 9355 as unconstitutional.

In its final resolution, the SC granted the intervenors' motion to intervene and reversed its earlier resolution by upholding the constitutionality of R.A. No. 9355 and the validity of the election of the officials of Dinagat Islands. The SC held that the land area requirement in the creation of an LGU does not apply when the LGU to be created consists of more than one islands.

DOCTRINE:

The central policy considerations in the creation of local government units are economic viability, efficient administration, and capability to deliver basic services to their constituents. The criteria prescribed by the LGC, i.e., income, population and land area, are all designed to accomplish these results. In this light, Congress, in its collective wisdom, has debated on the relative weight of each of these three criteria, placing emphasis on which of them should enjoy preferential consideration. Granted, the primordial criterion in the creation of local government units, particularly of a province, is economic viability.

Consistent with the declared policy to provide local government units genuine and meaningful local autonomy, contiguity and minimum land area requirements for prospective local government units should be liberally construed in order to achieve the desired results.

See full digest HERE.

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