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ZALAMEDA, J.:
Sec. 2. Creation of the Municipality. – The Barangays of Matengen, Ladia, Pigcalagan, Alamada, Raguisi, Pinaring, Damaniog, Ibotegen, Banatin, Nara, Kakar, Katidtuan, Maidapa, Kapimpilan, Bulibod, Kabuntalan, Nalinan, Panatan, and Katamlangan are hereby separated from the Municipality of Sultan Kudarat, Maguindanao del Norte and constituted into a distinct and independent municipality to be known as Municipality of Nuling, which is hereby created in the province of Maguindanao del Norte.Second. BAA 54 created the Municipality of Datu Sinsuat Balabaran. Section 2 of BAA 54 identified the barangays to be separated from the Municipality of Datu Odin Sinsuat, the capital town of Maguindanao del Norte, thus:
Sec. 2. Creation of the Municipality. – The Barangays of Tapian, Linek, Dinaig Proper, Tamontaka, Tanuel, Kusiong, Mompong, Semba, Capiton, Tambak, Badak, Awang and Dulangan are hereby separated from the Municipality of Datu Odin Sinsuat, Maguindanao del Norte and constituted into a distinct and independent municipality to be known as Municipality of Datu Sinsuat Balabaran, which is hereby created in the Province of Maguindanao del Norte.Third. BAA 55 created the Municipality of Sheik Abas Hamza. Section 2 of BAA 55 identified the barangays to be separated also from the Municipality of Datu Odin Sinsuat, thus:
Sec. 2. Creation of the Municipality. – The Barangays of Labungan, Taviran, Baka, Sapalan, Sifaran, Bugawas, Bitu, Kurintem, Margues, and Makir are hereby separated from the Municipality of Datu Odin Sinsuat, Maguindanao Del Norte and constituted into a distinct and independent municipality to be known as Municipality of Sheik Abas Hamza, which is hereby created in the Province of Maguindanao del Norte.The petition in G.R. No. 271741 assailing BAAs 54 and 55 was filed on February 15, 2024, while the petition in G.R. No. 271972 challenging BAA 53 was filed on February 29, 2024.
DATE/PERIOD IN COMELEC RESOLUTION NO. 11011 FOR BAA 53 MUNICIPALITY OF NULING) and COMELEC RESOLUTION NO. 11012 FOR BAAs 54 and 55 (MUNICIPALITIES OF DATU SINSUAT BALABARAN and SHEIK ABAS HAMZA) | PLEBISCITE ACTIVITIES | PROHIBITED ACTS |
11011: August 7, 2024 (Wednesday) to September 14, 2024 (Saturday) 11012: August 28, 2024 (Wednesday) to September 28, 2024 (Saturday) | PLEBISCITE PERIOD | Alteration of territory of a precinct or establishment of a new precinct (Sec. 5, Republic Act No. 8189). Bearing, carrying or transporting of firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission (Sec. 261(p), (q), and (s), Omnibus Election Code (OEC) BP 881 as amended by Sec. 32, RA 7166). Suspension of elective local officials (Sec. 261 (x), OEC). Transfer or detail of officers and employees in the Civil Service (Sec. 261(h), OEC). Organization or maintenance of reaction forces, strike forces or other similar forces (Sec. 261(u), OEC). Illegal release of prisoners (Sec. 261(n), OEC). |
11011: August 7, 2024 (Wednesday) to September 14, (Saturday) 11012: | Appointment or hiring of new employees (Sec. 261(g), OEC). Creation or filling up of new positions (Sec. 261(g), OEC). Promotions or giving of salary increases, remuneration or privilege (Sec. 261(g), OEC). Appointment or use of special policemen, special/confidential agents or the like (Sec. 261(m), OEC). Use of armored land, water, or aircraft (Sec. 261(r), OEC). Wearing of uniforms and bearing of arms (Sec. 261(s), OEC). Raising of funds through dances, lotteries, cockfights, etc. (Sec. 97, OEC). Cockfighting, and other forms of gambling, holding fairs, boxing, and/or any other similar sports (Sec. 261(dd), OEC) | |
11011: August 17, 2024 (Saturday) to September 5, 2024 (Thursday) 11012: | CAMPAIGN PERIOD Holding of barangay assemblies, fora, or ''pulong-pulongs" | Removing, destroying, obliterating, defacing, tampering, or preventing the distribution of lawful plebiscite propaganda (Sec. 83, OEC). |
11011: August 23, 2024 (Friday) 11012:
| Last day of submission to COMELEC of the complete list of all special policemen, special/confidential agents, or persons performing similar functions in the employ of the barangay chairman, municipal mayor, or any appointing authority. Last day to constitute the members of the Plebiscite Committees, DepEd Supervisor Officials and Support Staff. | |
11011: September 2, 2024 (Monday) to September 6, 2024 (Friday) 11012: | Inspection of Polling Places | |
| 11011: September 5, 2024 (Thursday) to September 7, 2024 (Saturday) 11012: September 18, 2024 (Wednesday) to September 21, 2024 (Saturday) | Posting of the Certified List of Voters | |
| 11011: September 5, 2024 (Thursday) to September 7, 2024 (Saturday) 11012: September 19, 2024 (Thursday) to September 21, 2024 (Saturday) | Suspension of Registration | |
| 11011: September 6, 2024 (Friday) 11012: September 20, 2024 (Friday) | EVE OF PLEBISCITE DAY | Campaigning (Sec. 3, OEC). Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261(dd)(1), OEC). Giving and accepting free transportation, food, drinks, and things of value (Sec. 89, OEC). |
| 11011: September 7, 2024 11012: | PLEBISCITE DAY Casting of Votes (from 7:00 a.m. to 3:00 p.m.) (Sec. 190, OEC) Convening of the MPBOC not later than 5:00 p. m. Canvassing of votes and proclamation of plebiscite results (from 5:00 p.m. until proclaimed). | Campaigning (Sec. 3, OEC). Giving and accepting free transportation, food, drinks, and things of value (Sec. 89, OEC). Selling, furnishing, offering, buying, serving or taking intoxicating liquor, etc. (Sec. 261(dd)(1), OEC) Carrying deadly weapons in the polling place (Sec. 261(p), OEC). Soliciting votes or undertaking any propaganda for or against a "YES" or a "NO" vote within the polling place or within a radius of thirty meters thereof (Sec. 261(cc)(6), OEC). Opening of booths or stalls for the sale of merchandise, refreshments, etc. within 30 meters radius from the polling place (Sec. 261(dd)(2), OEC). Holding of fairs, cockfights, boxing, horse races or similar sports (Sec. 261(dd)(3), OEC). |
| 11011: September 14, 2024 (Saturday) 11012: September 28, 2024 (Saturday) | LAST DAY OF THE PLEBISCITE PERIOD |
G.R. No. 271741G.R. No. 271972
- Public respondents only have interim and limited authority under the [BARMM] Organic Law, and thus they do not have the power to enact and approve BAAs 54 and 55;
- BAAs 54 and 55 are unconstitutional as they amount to the amendment of a Congressional enactment by a local government unit;
- The plebiscite clauses in BAAs 54 and 55 violate Article X, Section 10 of the Constitution;
- BAAs 54 and 55 are void for being enacted in violation of the provisions of national laws, particularly [Republic Act No.] 7160; and
- BAAs 54 and 55 are void insofar as they authorize the Chief Minister to appoint officials to elective positions in the Municipalities of Datu Sinsuat Balabaran and Sheik Abas Hamza, and deprive the people in the affected barangays of their duly elected local officials.[12]
- The title of BAA 53 — "An Act Creating the Municipality of Nuling in the Province of Maguindanao de Norte, Providing Funds Therefor and for Other Purposes" — violated Article VI, Section 26(1) of the Constitution in that the subject of the bill was not expressed in its title.
- Section 5 of BAA 53 stating that the plebiscite shall only be conducted in the nineteen (19) barangays comprising the new Municipality of Nuling, violated Article X, Section 10 of the Constitution mandating that such plebiscite should be conducted in all the political units directly affected.
- BAA 53 stating that a plebiscite shall be held within sixty (60) days from approval of the act, violated Section 441 of [Republic Act No.] 7160 mandating that the same shall be conducted within one hundred twenty (120) days from the date of effectivity of the law.
- BAA 53 violated Article X, Section 10 of the Constitution for failing to define the territory of the Municipality of Nuling.
- The land area of the new Municipality of Nuling was not properly identified by metes and bounds with technical descriptions in accord with the criteria laid down in [Republic Act No.] 7160 and its Implementing Rules and Regulations, the Bangsamoro Organic Law, and the Muslim Mindanao Autonomy Act No. 25 and its Implementing Rules and Regulations.
- The territorial jurisdiction of the new Municipality of Nuling is insufficient to provide basic services and facilities to meet the requirements of its populace.
- BAA 53 violated Article X, Section 10 of the Constitution for failing to follow the criteria on income laid down in [Republic Act No.] 7160 and its Implementing Rules and Regulations. BAA 53 also violated the provision on income under the Bangsamoro Organic Law, and the Muslim Mindanao Autonomy Act No. 25 and its Implementing Rules and Regulations.
- The income of the new Municipality of Nuling was not properly determined since the certifications submitted were not the certifications required under [Republic Act No.] 7160 and its Implementing Rules and Regulations, and the Department of Finance's Order No. 031-2018 and other issuances. Thus, there is no proper determination that the income is sufficient to provide for all essential government facilities and services and special functions commensurate with the size of its population.
- The proponents of BAA 53 failed to determine the new income classification of the parent Municipality of Sultan Kudarat after the separation of the Municipality of Nuling, which is necessary to find out if the current income classification of the parent municipality has been maintained. Moreover, the income classification of the Municipality of Nuling was not determined because the proponents failed to ask the Secretary of the Department of Finance for the income classification of the new municipality as required by law.
- BAA 53 violated Article X, Section 10 of the Constitution for failing to consider the procedural requirements for the creation of a municipality under [Republic Act No.] 7160 and its Implementing Rules and Regulations. BAA 53 also violated the related provisions on procedural requirements for the creation of a municipality under the Bangsamoro Organic Law, and the Muslim Mindanao Autonomy Act No. 25 and its implementing Rules and Regulations.
- There is no prior consultation with the local government units directly affected by the creation of the new Municipality of Nuling.
- There is no petition from the said nineteen (19) barangays from the Municipality of Sultan Kudarat requesting for the creation or formation of the new Municipality of Nuling.
- The BTA Parliament and its Chief Minister, in enacting BAA 53, contravened the principles of delegation of powers and equal protection, and the local autonomy of the Municipality of Sultan Kudarat.[13]
G.R. No. 271741
The instant petition does not present a justiciable controversy to warrant the exercise of this Honorable Court's judicial power. The instant petition for certiorari and prohibition presents factual issues that demand the strict observance of the doctrine of hierarchy of courts.[14]
G.R. No. 271972
The COMELEC's mandate is to enforce laws and regulations relative to the conduct of a plebiscite. A determination of the constitutionality and legality of BAA 53 falls outside of this mandate. The petition violates the doctrine of hierarchy of courts by raising questions of fact before this Honorable Court at the first instance.[15]
Procedural ArgumentsSubstantive Arguments
- The petition failed to justify exemption from the doctrine of the hierarchy of courts:
- Mere invocation of transcendental importance or other special grounds is insufficient to justify direct recourse to the Supreme Court.
- The petition raises factual and evidentiary matters requiring the strict observance of the doctrine of hierarchy of courts.
- The petition failed to meet the requirements for the Court to exercise its power of judicial review.
- There is no actual justiciable controversy that is ripe for adjudication absent the plebiscite.
- The petition raises political questions-going into the wisdom, timeliness, and necessity of the law-which is outside the ambit of judicial review.
- Petitioners' direct recourse to the Supreme Court is justified.
- There is an actual justiciable controversy ripe for adjudication. The conduct of a plebiscite is not a condition sine qua non to challenge an unconstitutional law.
- The petition did not raise political questions.
- The petitioners did not violate the doctrine of hierarchy of courts. No questions of fact were raised before the Court because the issue advanced in the petition is the lack of or failure of the respondents to comply with the requirements set by the Constitution and the national laws in the creation of the new Municipality of Nuling.
- The so-called substantive arguments advanced by the respondents failed to address, or at best merely offered token comment, on the following grounds raised in the petition: (A) The title of BAA 53 violates Article VI, Section 26(1) of the Constitution; (B) [Republic Act No.] 7160 and its implementing rules and regulations apply to the BARMM; (C) BAA 53 violates the constitutional requirement for the conduct of plebiscite.
- The respective comment of the respondents BTA and Chief Ebrahim and respondent COMELEC did not address the other issues demonstrating that on its face, BAA is constitutionally infirm.
- Respondents failed to submit compliance with the requirements defining the territory of the Municipality of Nuling.
- Respondents failed to submit compliance with the requirement that there should be prior consultation and a petition from the interested barangays of the Municipality of Sultan Kudarat requesting for the creation of a new municipality.
- Respondents failed to disprove the petitioners' prayer for preliminary injunction/ temporary restraining order/ status quo ante order.[19]
I. | The petitions in G.R. Nos. 271741 and 271972 satisfy the essential requisites for judicial review |
The Constitution is a definition of the powers of government. Who is to determine the nature, scope and extent of such powers? The Constitution itself has provided for the instrumentality of the judiciary as the rational way. And when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. This is in truth all that is involved in what is termed "judicial supremacy" which properly is the power of judicial review under the Constitution. Even then, this power of judicial review is limited to actual cases and controversies to be exercised after full opportunity of argument by the parties, and limited further to the constitutional question raised or the very lis mota presented. Any attempt at abstraction could only lead to dialectics and barren legal questions and to sterile conclusions unrelated to actualities. Narrowed as its function is in this manner, the judiciary does not pass upon questions of wisdom, justice or expediency of legislation. More than that, courts accord the presumption of constitutionality to legislative enactments, not only because the legislature is presumed to abide by the Constitution but also because the judiciary in the determination of actual cases and controversies must reflect the wisdom and justice of the people as expressed through their representatives in the executive and legislative departments of the governments. [Emphasis supplied]The COMELEC relies on Del Rosario v. Commission on Elections[28] and asserts that if a statute creating new provinces has yet to be submitted to a plebiscite, it is still premature to rule on the constitutionality of said statute. It submits that only the conduct of a plebiscite will "trigger the exercise of this Honorable Court's judicial power."[29] It maintains that, without a plebiscite, "[a]ny form of restraint on respondent COMELEC at this stage would be purely speculative and anticipatory as it has not even issued any advisory or resolution regarding the conduct of a plebiscite that will supposedly be conducted in accordance with the provisions of [BAAs] 54 and 55."[30] Finally, as a specialized constitutional body, it proclaims that the COMELEC has "the unique position to determine whether a plebiscite or election is capable of successfully taking place."[31]
II. | The titles of BAAs 53, 54, and 55 do not violate Article VI, Section 26(1) of the 1987 Constitution |
Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.This constitutional requirement is intended to prevent surprise upon the members of Congress, and to inform the people of pending legislations so that their concerns may be heard.[34] Where the subject of a bill is limited to a particular matter, Congress and the people should be informed of the subject of the proposed legislative measures. This constitutional provision thus precludes the insertion of riders in the law, a rider being a provision not germane to the subject matter of the bill.[35]
The phrase 'in the Province of Lanao del Sur,' read without subtlety or contortion, makes the title misleading, deceptive. For, the known fact is that the legislation has a two-pronged purpose combined in one statute: (1) it creates the municipality of Dianaton purportedly from twenty-one barrios in the towns of Butig and Balabagan, both in the province of Lanao del Sur; and (2) it also dismembers two municipalities in Cotabato, a province different from Lanao del Sur.Our pronouncement in Lidasan was grounded on the fact the title of Republic Act No. 4790 mentioned only one out of the two provinces which were to be affected by the creation of the new municipality. Such is not the case here, as the barangays to be affected by the creation of the Municipalities of Nuling, Datu Sinsuat Balabaran, and Sheik Abas Hamza are all within the territory of the province of Maguindanao del Norte.
The baneful effect of the defective title here presented is not so difficult to perceive. Such title did not inform the members of Congress as to the full impact of the law; it did not apprise the people in the towns of Buldon and Parang in Cotabato and in the province of Cotabato itself that part of their territory is being taken away from their towns and province and added to the adjacent Province of Lanao del Sur; it kept the public in the dark as to what town and provinces were actually affected by the bill. These are the pressures which heavily weight against the constitutionality of Republic Act [No.] 4790.[38] [Emphasis supplied]
[I]t must be deemed sufficient that the title be comprehensive enough reasonably to include the general object which the statute seeks to effect without expressing each and every end and means necessary for its accomplishment. Thus, mere details need not be set forth. The legislature is not required to make the title of the act a complete index of its contents. The provision merely calls for all parts of an act relating to its subject finding expression in its title.Applying the rule elucidated in Alalayan, it is clear that the title of BAA 53 sufficiently informs the public of the intention to create a new municipality within the province of Maguindanao del Norte. This should serve as adequate impetus for interested persons to inquire into the body of the law to determine which barangays in the province of Maguindanao del Norte would now constitute the Municipality of Nuling, and to take appropriate action thereon—as indeed, the petitioners in this case have. We apply the same reasoning to BAAs 54 and 55.
. . . .
Such a trend is made manifest in the cases beginning with Sumulong v. Commission on Elections, up to and including Felwa v. Salas, a 1966 decision, the opinion coming from Chief Justice Concepcion. There is nothing in Lidasan v. Commission on Election, where a statute was annulled on this ground, to indicate the contrary. As aptly express by Justice Sanchez: "Of course, the Constitution does not require Congress to employ in the title of an enactment, language of such precision as to mirror, fully index or catalogue all the contents and the minute details therein. It suffices if the title should serve the purpose of the constitutional demand that it inform (sic) the legislators, the persons interested in the subject of the bill, and the public, of the nature, scope and consequences of the proposed law and its operations. And this, to lead them to inquire into the body of the bill, study and discuss the same, take appropriate action thereon, and, thus, prevent surprise or fraud upon the legislators."[40] [Emphases supplied]
III. | The Bangsamoro Government, through the BTA and the Chief Minister, has the power to create municipalities |
Sec. 1. Declaration of Policy. – In the exercise of genuine autonomy and self-governance, the Bangsamoro Government is empowered to create, divide, merge, abolish, or substantially alter boundaries of municipalities or barangays in accordance with a law enacted by the Parliament. The municipalities or barangays created, divided, merged, or whose boundaries are substantially altered shall be entitled to their appropriate share in the national taxes or Internal Revenue Allotment: Provided, That it shall be approved by a majority of the votes cast in a plebiscite in the political units directly affected. [Emphases supplied]Petitioners argue that the BTA committed grave abuse of discretion when it passed BAAs 53, 54, and 55 because the creation of new municipalities is not among the functions and priorities mandated by Republic Act No. 11054. According to them, it is a task reserved for the elected and regular Parliament and not the BTA. Petitioners characterize the BTA's and the Chief Minister's powers as interim and limited.
SECTION 2. Powers of the Bangsamoro Government. — Subject to Section 20, Article X of the Constitution and this Organic Law, the Bangsamoro Government shall exercise its authority over the following matters without prejudice to the general supervision of the President of the Republic of the Philippines:Further, Article VI, Section 10 of the Bangsamoro Organic Law specifies the requirements for the creation of municipalities or barangays within the BARMM, to wit:
. . . .
(1) Creation, division, merger, abolition or alteration of boundaries of municipalities and barangays;
. . . .
SECTION 10. Bangsamoro Government and Its Constituent Local Government Units. — The authority of the Bangsamoro Government to regulate the affairs of its constituent local government units shall be guaranteed in accordance with this Organic Law and a Bangsamoro local government code to be enacted by the Parliament. The privileges already enjoyed by local government units under Republic Act No. 7160, otherwise known as the "Local Government Code of 1991," as amended, and other existing laws shall not be diminished.During the transition period starting from the ratification of the Bangsamoro Organic Law by a majority of the votes cast in a plebiscite, the BTA was created as the interim government of the BARMM, thus:
The Parliament may create, divide, merge, abolish, or substantially alter boundaries of municipalities or barangays in accordance with a law enacted by the Parliament. The municipalities or barangays created, divided, merged, or whose boundaries are substantially altered, shall be entitled to their appropriate share in the national taxes or Internal Revenue Allotment: Provided, That the criteria laid down in Republic Act No. 7160, as amended, and other national laws shall be satisfied: Provided, further, That it shall be approved by a majority of the votes cast in a plebiscite in the political units directly affected.
When such acts require the creation of a legislative district, the Bangsamoro Government shall cooperate and coordinate with the National Government through the Philippine Congress-Bangsamoro Parliament Forum to prioritize the deliberations on the creation of a legislative district.
Nothing in this Organic Law shall be construed to allow the Bangsamoro Government to create legislative districts. [Emphases supplied]
Sec. 2. Bangsamoro Transition Authority. — There is hereby created the Bangsamoro Transition Authority which shall be the interim government in the Bangsamoro Autonomous Region during the transition period. The Moro Islamic Liberation Front shall lead the Bangsamoro Transition Authority, without prejudice to the participation of the Moro National Liberation Front in its membership.Article XVI, Section 3 of the Bangsamoro Organic Law also states that legislative and executive powers in the BARMM during transition shall be vested in the BTA. It also categorically states that all powers and functions of the Bangsamoro Government shall be vested in the BTA during the transition period, thus:
. . . .
The Bangsamoro Transition Authority shall be composed of eighty (80) members, who the President shall appoint: Provided, That, in addition, the elected officials of the Autonomous Regional Government in Muslim Mindanao shall automatically become members of the Bangsamoro Transition Authority and shall serve until noon of the 30th of June 2019: Provided, further, That non-Moro indigenous communities, youth, women, settler communities, traditional leaders, and other sectors shall have representatives in the Bangsamoro Transition Authority.
SECTION 3. Powers and Authorities. — Legislative and executive powers in the Bangsamoro Autonomous Region during transition shall be vested in the Bangsamoro Transition Authority. During the transition period, executive authority shall be exercised by the interim Chief Minister who shall be appointed by the President as such, while legislative authority shall be exercised by the Bangsamoro Transition Authority.Furthermore, Article XVI, Section 4 of the same law provides the following functions and priorities which should be accomplished during the transition:
All powers and functions of the Bangsamoro Government as provided in this Organic Law is vested in the Bangsamoro Transition Authority during the transition period.
For purposes of mechanisms for intergovernmental relations with the National Government and local government units in the Bangsamoro Autonomous Region, the Bangsamoro Transition Authority shall be deemed as the Bangsamoro Government for the duration of the transition period. [Emphasis supplied]
SECTION 4. Functions and Priorities. — The Bangsamoro Transition Authority shall ensure the accomplishment of the following priorities during the transition period:Contrary to petitioners' claims, the foregoing functions and priorities are not limited, and the same enumeration did not prevent the BTA from exercising the powers vested in the Bangsamoro Government in Article V, Section 2 of the Bangsamoro Organic Law, particularly the creation of municipalities. Stated differently, the "interim" character of the, BTA refers to the exercise of its powers and functions during the transition period, or until its dissolution, and does not limit the authority of the BTA to exercise those powers which are vested in the Bangsamoro Government.
The Bangsamoro Transition Authority may also enact a Bangsamoro Civil Service Code, as provided in this Organic Law, subject to the Constitutional mandate of the Civil Service Commission.
The Bangsamoro Transition Authority shall enact a law to recognize, protect, promote, and preserve the rights of the indigenous peoples in the Bangsamoro Autonomous Region. Until the law is enacted, subsisting regional laws on indigenous peoples in the Bangsamoro shall be operational.
These rights shall be promoted, protected, and enforced by the Ministry of Indigenous People's Affairs as provided under Section 8 of this Article.
IV. | The phrase "qualified voters in a plebiscite to be conducted in the
barangays comprising the municipality pursuant to Section 2 hereof" in
the uniform text of Section 5 of BAAs 53, 54, and 55 violates the 1987
Constitution and the Bangsamoro Organic Law |
Sec. 5. Plebiscite Requirement. - The Municipality of [Nuling/ Datu Sinsuat Balabaran/ Sheik Abas Hamza] shall acquire corporate existence upon ratification of its creation by a majority of the votes cast by qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof within sixty (60) days after the approval of the Act.The aforecited Section 2 of BAAs 53, 54, and 55 identifies the barangays that will constitute a distinct and separate municipality. The list is further qualified with the phrase "hereby separated from" to underscore their detachment from the original municipality.
The Commission on Elections (COMELEC) shall conduct and supervise the plebiscite. The expenditure in holding the plebiscite shall be taken out of the Contingent Fund of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) under the appropriations of fiscal year 2024. [Emphasis supplied]
Sec. 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. [Emphasis supplied]
SECTION 10. Bangsamoro Government and its Constituent Local Government Units. - ....Taken in this context, and notwithstanding the phrase "it shall be approved by a majority of the votes cast in a plebiscite in the political units directly affected" in Section 1, the uniform text in Section 5 of BAAs 53, 54, and 55 plainly allows only the qualified voters of the barangays comprising the new municipalities as enumerated under Sections 2 of BAA Nos. 53, 54, and 55, to vote in the plebiscite.
The Parliament may create, divide, merge, abolish, or substantially alter boundaries of municipalities or barangays in accordance with a law enacted by the Parliament. The municipalities or barangays created, divided, merged, or whose boundaries are substantially altered, shall be entitled to their appropriate share in the national taxes or Internal Revenue Allotment: Provided, That the criteria laid down in Republic act No. 7160, as amended, and other national laws shall be satisfied: Provided further, That it shall be approved by a majority of the votes cast in a plebiscite in the political units directly affected. [Emphasis supplied]
It stands to reason that when the law states that the plebiscite shall be conducted "in the political units directly affected," it means that residents of the political entity who would be economically dislocated by the separation of a portion thereof have a right to vote in said plebiscite. Evidently, what is contemplated by the phrase "political units directly affected," is the plurality of political units which would participate in the plebiscite. Logically, those to be included in such political areas are the inhabitants of the 12 barangays of the proposed Municipality of Tulay-Na-Lupa as well as those living in the parent Municipality of Labo, Camarines Norte. Thus, we conclude that respondent COMELEC did not commit grave abuse of discretion in promulgating Resolution No. 2312.Further, in Umali v. Commission on Elections,[46] the Court also defined the term "political units directly affected" to resolve whether the move to convert Cabanatuan City from a component city to a highly urbanized city would require that only the qualified voters of Cabanatuan City are allowed to vote in the plebiscite. In ruling that all the qualified voters of the province of Nueva Ecija should be allowed to vote in the plebiscite, the Court discussed:
a. "Political units directly affected" defined In identifying the LGU or LGUs that should be allowed to take part in the plebiscite, what should primarily be determined is whether or not the unit or units that desire to participate will be "directly affected" by the change. To interpret the phrase, Tan v. COMELEC and Padilla v. COMELEC are worth revisiting. We have ruled in Tan, involving the division of Negros Occidental for the creation of the new province of Negros del Norte, that the LGUs whose boundaries are to be altered and whose economy would be affected are entitled to participate in the plebiscite. As held: . . . . Sec. 3, Art. XI of the 1973 Constitution, as invoked in Tan, states: Despite the change in phraseology compared to what is now Sec. 10, Art. X, we affirmed our ruling in Tan in the latter case of Padilla. As held, the removal of the phrase "unit or" only served to sustain the earlier finding that what is contemplated by the phrase "political units directly affected" is the plurality of political units which would participate in the plebiscite. As reflected in the journal of the Constitutional Commission: In cutting the umbilical cord between Cabanatuan City and the province of Nueva Ecija, the city will be separated from the territorial jurisdiction of the province, as earlier explained. The provincial government will no longer be responsible for delivering basic services for the city residents' benefit. Ordinances and resolutions passed by the provincial council will no longer cover the city. Projects queued by the provincial government to be executed in the city will also be suspended if not scrapped to prevent the LGU from performing functions outside the bounds of its territorial jurisdiction, and from expending its limited resources for ventures that do not cater to its constituents. In view of these changes in the economic and political rights of the province of Nueva Ecija and its residents, the entire province certainly stands to be directly affected by the conversion of Cabanatuan City into an HUC. Following the doctrines in Tan and Padilla, all the qualified registered voters of Nueva Ecija should then be allowed to participate in the plebiscite called for that purpose.[47] [Emphases in the original]
V. | The schedules of the plebiscites in BAAs 53, 54, and 55 do not violate Republic Act No. 7160 and the Bangsamoro LGC |
Sec. 5. Plebiscite Requirement. – The Municipality of Nuling shall acquire corporate existence upon ratification of its creation by a majority of the votes cast by qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof within sixty (60) days after the approval of the Act." [Emphasis supplied]Petitioners argue that this provision violates the mandate in Section 441 of Republic Act No. 7160 which provides that plebiscites for the creation of a municipality must be held within 120 days from the effectivity:
Sec. 441. Manner of Creation. – A municipality may be created, divided, merged, abolished, or its boundary substantially altered only by an Act of Congress and subjecto the approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. Except as may otherwise be provided in the said Act, the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity." [Emphasis supplied]At this juncture, We add to the discussion Section 10 of the Bangsamoro LGC which provides:
Sec. 10. Plebiscite Requirement. – No creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Bangsamoro Electoral Office (BEO) of the Commission on Elections (COMELEC) within one hundred twenty (120) days from the date of effectivity of the law or ordinance affecting such action, unless said law or ordinance fixes another date. [Emphasis supplied]We cannot bring Ourselves to agree with petitioners' contention.
The Constitution does not specify a date as to when plebiscites should be held. This is in contrast with its provisions for the election of members of the legislature in Section 8, Article VI and of the President and Vice-President in Section 4, Article VII. The Constitution recognizes that the power to fix the date of elections is legislative in nature, which is shown by the exceptions in previously mentioned Constitutional provisions, as well as in the election of local government officials.The COMELEC's power is likewise recognized by Section 29 of RA 6646, or the Electoral Reforms Law of 1987, which provides:
Section 10 of R.A. No. 7160 furnishes the general rule as to when a plebiscite may be held:Sec. 10. Plebiscite Requirement. — No creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (COMELEC) within one hundred twenty (120) days from the date, of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixed another date.Section 46 of R.A. No. 10360, however, specifically provides that the plebiscite for the creation of the province of Davao Occidental be held within 60 days from the effectivity of R.A. No. 10360, or until 6 April 2013. Cagas claims that R.A. No. 10360 "did not confer express or implied power to COMELEC to exercise discretion when the plebiscite for the creation of the Province of Davao Occidental will be held. On the contrary, said law provides a specific period when the COMELEC should conduct a plebiscite." Cagas views the period "60 days from the effectivity" in R.A. No. 10360 as absolute and mandatory; thus, COMELEC has no legal hasis to hold a plebiscite on 28 October 2013.
The Constitution, however, grants the COMELEC the power to "[e]nforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall." The COMELEC has "exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections." The text and intent of Section 2 (1) of Article IX (C) is to give COMELEC 'all the necessary and incidental powers for it to achieve the objective of holding free, orderly, honest, peaceful and credible elections.'
. . . .
It is thus not novel for this Court to uphold the COMELEC's broad power or authority to fix other dates for a plebiscite, as in special elections, to enable the people to exercise their right of suffrage. The COMELEC thus has residual power to conduct a plebiscite even beyond the deadline prescribed by law."[49] [Boldface supplied; Italics in the original]
Sec. 29. Designation of Other Dates for certain Pre-election Acts. – If it should no longer be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their right to suffrage.Petitioners' arguments that the shortened period in BAA 53 is iniquitous, whimsical, capricious, and arbitrary for its failure to conform to the standards set by RA 7160 are untenable. Any risk for undue haste in the conduct of the plebiscite due to this "shortened period" is tempered by the power and discretion of the COMELEC to hold the plebiscite beyond the period provided by BAA No. 53—as in fact it already has.
VI. | Republic Act No. 7160 applies to the creation and division of municipalities or barangays in the BARMM |
The Parliament may create, divide, merge, abolish, or substantially alter boundaries of municipalities or barangays in accordance with a law enacted by the Parliament. The municipalities or barangays created, divided, merged, or whose boundaries are substantially altered, shall be entitled to their appropriate share in the national taxes or Internal Revenue Allotment: Provided, That the criteria laid down in Republic Act No. 7160, as amended, and other national laws shall be satisfied: Provided, further, That it shall be approved by a majority of the votes cast in a plebiscite in the political units directly affected. [Emphasis supplied]Notably, the foregoing provision explicitly refers to the criteria established in Republic Act No. 7160, which is in line with the constitutional policy under Article X, Section 10 of the 1987 Constitution—that is, the creation and division of local government units must be "in accordance with the criteria established in the Local Government Code" enacted by the legislative department.
VII. | Both Republic Act No. 7160 and the Bangsamoro LGC provide the criteria for creating and dividing municipalities in the BARMM |
SECTION 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:Section 7 of the Bangsamoro LGC duplicated the verifiable indicators under Section 7 of Republic Act No. 7160:
Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Authority (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR).
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:
Sec. 8. Division and Merger. – Division and merger of existing local government units shall comply with the same requirements herein prescribed for their creation; Provided, however, That such division shall not reduce the income, population, or land area of the local government unit or units concerned less than the minimum requirements prescribed in this Code; Provided, further, That the income classification of the original local government unit or units shall not fall below its current income classification prior to such division. The income classification oflocal government units shall be updated within six (6) months from the effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues as provided herein. [Emphasis supplied]
Sec. 8. Division and Merger. – Division and merger of existing local government units shall comply with the same requirements herein prescribed for their creation; Provided, however, That such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current income classification prior to such division.
SECTION 442. Requisites for Creation. – (a) A municipality may be created if it has an average annual income, as certified by the provincial treasurer, of at least Two million five hundred thousand pesos ([PHP] 2,500,000.00) for the last two (2) consecutive years based on the 1991 constant prices; a population of at least twenty-five thousand (25,000) inhabitants as certified by the National Statistics Office; and a contiguous territory of at least fifty (50) square kilometers as certified by the Lands Management Bureau: Provided, That the creation thereof shall not reduce the land area, population or income of the original municipality or municipalities at the time of said creation to less than the minimum requirements prescribed herein.Section 477 of the Bangsamoro LGC provides the same requisites for creating a municipality under Section 442 of Republic Act No. 7160:
(b) The territorial jurisdiction of a newly-created municipality shall be properly identified by metes and bounds. The requirement on land area shall not apply where the municipality proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands.
(c) The average annual income shall include the income accruing to the general fund of the municipality concerned, exclusive of special funds, transfers and non-recurring income.
(d) Municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate as such. Existing municipal districts organized pursuant to presidential issuances or executive orders and which have their respective set of elective municipal officials holding office at the time of the effectivity of this Code shall henceforth be considered as regular municipalities.
SEC. 477. Requisites for Creation. –
Petitioners argue that BAAs 53, 54, and 55 failed to comply with the foregoing requirements for creating municipalities.
The contiguity requirement on land area shall not apply if the territory comprises two (2) or more islands. The said requirement shall also not apply where the territory of the municipality to be created is separated by another local government unit: Provided, That its aggregate land area shall be at least fifty (50) square kilometers.
The courts accord the presumption of constitutionality to legislative enactments, including municipal ordinances. This presumption may be set aside only when invalidity or unreasonableness appears on the face of the ordinance, or is established by proper evidence. Through this case, the Court reiterates that the burden to establish the law's invalidity rests upon the party challenging the same. Without dismantling the presumption of validity, the Court will not interfere with legislative acts and will respect the judgment of the local authorities as regards their ordinances.To overcome this presumption, petitioners must present clear and convincing evidence showing the illegality of the assailed official acts.[57]
VIII. | The Chief Minister has the authority to appoint the officials who will act in an interim capacity until the officials of the new municipalities are elected |
Sec. 6. Appointment of Municipal Officials. – The municipal government shall be composed of a municipal mayor, a municipal vice mayor, and eight (8) members of its Sangguniang Bayan who shall be appointed by the Chief Minister of the BARMM immediately after the ratification of this Act in a plebiscite. They shall continue to hold office until their successors shall have been elected and qualified in the next regular election: Provided, That the incumbent elective members of the Sangguniang Bayan of the Municipality of [Sultan Kudarat/ Datu Odin Sinsuat], Maguindanao del Norte, who are actual residents of the new municipality shall serve the remaining terms of the elective offices in the mother municipality.Petitioners argue that BAAs 54 and 55 are void insofar as they authorize the Chief Minister to appoint officials to elective positions in the new municipalities and deprive the people in the affected barangays of their duly elected local officials. They further claim that this contradicts the qualifications of local elective officials as the BAAs similarly provide that the incumbent elective members of the Sangguniang Bayan shall continue to serve said municipality until the completion of their term of office even if they are actual residents of the newly created municipalities.
Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. [Emphases supplied]The foregoing constitutional provision recognizes the appointing power of the President which may be authorized by law. It also recognizes the power of the legislative department to vest the appointing power not only in the President, but also in courts, or heads of departments, agencies, commissions, or boards.
SECTION 3. General Welfare. — The Bangsamoro Government shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance and those which are essential to the promotion of general welfare....
IX. | The COMELEC is permanently enjoined from implementing COMELEC Resolutions Nos. 11011 and 11012 pursuant to BAAs 53, 54, and 55. |
X. | Final Word |
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 case in a plebiscite in the political units directly affected.Plainly, two specific standards must be observed: first, the criteria established by the LGC, i.e., income, population, and land area;[12] and second, the approval by a majority of the votes cast in a plebiscite in the political units directly affected.[13] Each standard serves a different purpose. On one hand, the criteria fixed by the LGC are designed to achieve an economic purpose. Upon the other hand, the plebiscite is required to achieve a political purpose, i.e., to use the people's voice as a check against gerrymandering.[14]