Navarro v.

Executive Secretary
G.R. No. 180050 | 2011-04-12 | NACHURA, J
TOPIC: Section 25, Article II 1987 Constitution

FACTS:

Due to the enactment of Republic Act (R.A.) No. 9355 and with 69,943 affirmative votes and
63,502 negative votes during the plebiscite for its ratification which happened on December
3, 2006, the new Province of Dinagat Islands was created. Subsequently the President then
appointed interim provincial officials to take over temporarily. On May 14, 2007, Dinagatnons
elected their new set of provincial officials.

Petitioners, former Political leaders of Surigao Del Norte (mother province of Dinagat), filed a
petition for certiorari and prohibition assailing the constitutionality of RA 9355 stating the it
failed to satisfy the Requisites for Creation of new Provinces particularly on grounds that
Dinagat Island only have 802.12 square kilometers and 106,951 population as against the
required 2,000 square kilometers and 250,000 inhabitants respectively.

On February 10, 2010 the court ruled that RA 9355 is unconstitutional for the failure to satisfy
the requirements provided in Local Government Code Title IV Chapter I

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 continuous 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 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.

The Supreme Court also held that the provision on Article 9(2) of the Rules and Regulations
Implementing the LGC (LGC-IRR), stating that, "[t]he land area requirement shall not
apply where the proposed province is composed of one (1) or more islands" is void.

The Local Government Code grants this exemption only in the creation of municipality or
component city but not in the creation of Provinces. However, in the LGC-IRR provides for
said exemption to provinces

ISSUE:

Whether or not the creation of Dinagat Island is valid notwithstanding its non-compliance to
the requirements prescribed by the Local Government Code
HELD:

YES. The court construed the law liberally in conformity with the 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.

The Court used Section 25, Article II of the Constitution as guide in ruling the case
at bar.

“The thrust of the Constitution with respect to local autonomy and of the LGC with
respect to decentralization and the attainment of national goals, as hereafter
elucidated, will effectively be realized.”

Moreover, the Congress recognized the potential and capability of Dinagat Islands to become
a province and in effect amended the Local Government Code particularly the exemption in
in Article 9(2) of the LGC-IRR by enacting RA 9355. And thus “The provision in Article 9(2) of the
Rules and Regulations Implementing the Local Government Code of 1991 stating, "The land area
requirement shall not apply where the proposed province is composed of one (1) or more islands," is
declared VALID. Accordingly, Republic Act No. 9355 (An Act Creating the Province of Dinagat Islands) is
declared as VALID and CONSTITUTIONAL”

Additional Principles:

When the application of the exemption for province was included in the LGC-IRR,
it meant to correct the congressional oversight and to reflect the legislative intent
in the making of the Local Government Code.

It must be borne in mind that 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.