RAMON B. CENIZA, FEDERICO C. CABILAO, JR., NELSON J.
ROSAL o RA 5519, or the Charter of Mandaue City, which went into
and ALEJANDRO R. ALINSUG, petitioners, vs. COMMISSION ON
ELECTIONS, COMMISSION ON AUDIT, and NATIONAL TREASURER,
respondents.
Ponente: J, Concepcion, Jr.
January 28, 1980
Laws:
- Batas Blg 51 Sec 3 – “xxx any city now existing with an annual
regular income derived from infrastructure and general funds of not
less than forty million pesos (P40,000,000.00) at the time of the
approval of this Act shall be classified as a highly urbanized city.
xxx The registered voters of a component city may be entitled to vote in the
election of the officials of the province of which that city is a
component, if its charter so provides. However, voters registered in a
highly urbanized city, as hereinabove defined, shall not participate
nor vote in the election of the officials of the province in which the
highly urbanized city is geographically located.”
- Resolution No. 1421 - providing for 18 cities not allowed to vote in
the provincial elections
Facts:
- On December 22, 1979, the Interim Batasang Pambansa enacted
Batas Blg 51 providing for local elections on January 30,1980.
- The City of Cebu has an income of 51M classifying it as a highly
urbanized city thus its voters cannot vote in the election of the
elective provincial officials of the Province of Cebu although its
Charter allows the qualified voters of the city to vote in the election of
the provincial officials of the Province of Cebu.
- The City of Mandaue, not having an annual regular income of
not less than P40M is classified as a component city. But it
Charter provides that its voters cannot vote in the election of
provincial officials of the Province of Cebu, except to be a
candidate therefor.
- Petitioners, members of DOERS (Democracy or Extinction: Resolved
to Succeed), as taxpayers and registered voters in the Cities of Cebu
and Manduae, assail:
o Sec 3 BP51, which uses annual income as the basis of
classification - not based on substantial distinctions germane
to the purpose of the law and therefore amounts to a denial
of equal protection
effect without ratification in a plebiscite or referendum -
unconstitutional as it prohibits its registered voters from
enjoying the same rights of suffrage of cities which are
similarly classified and defined as component cities.
- Petitioners pray: a restraining order be issued to prohibit the
holding of elections in the province and release of public funds and
to make the injunction permanent to declare Sec 3 of Batas Blg 51
and Sec 96, Art XVIII of the Charter of Mandaue unconstitutional
Issue:
1) W/N the classification of component cities and highly urbanized cities
is a violation of the equal protection clause. NO
2) W/N the prohibition on highly urbanized cities subverts the principle
of republicanism since it deprives a citizen his right to participate in
the conduct of the affairs of the government unit. NO
3) W/N Mandaue city’s charter, disallowing its voters to participate in
the election of its provincial officials even if they are classified as a
component city, is unconstitutional. NO
a. Violates equal protection
b. Infringes on the right of suffrage
c. Deprives a citizen his right to participate in the conduct of the
affairs of the government unit
d. Was not ratified by the citizens
4) W/N there was gerrymandering behind the Batas Blg. 51 and Charter
of Mandaue. NO.
Ratio:
1) Art. XI, Section 4(1) of the said Constitution places highly urbanized
cities outside the supervisory power of the province where they are
geographically located because of the complex problems due to the
bigger population and greater economic activity which require greater
autonomy.
The classification of cities based on their regular annual income is based
upon substantial distinction. The revenue of a city would its capability
to exist and develop as a relatively independent unit and whether the
city has sufficient economic activity to warrant its independence from
the province where it is geographically situated.
2) Corollary to independence however, is the concomitant loss of the
right to participate in provincial affairs since these provincial officials
 have ceased to exercise any governmental jurisdiction and authority
over said city.

3) On equal protection - The practice of allowing voters in one

component city to vote for provincial officials and denying the same
privilege to voters in another component city is a matter of legislative
discretion which violates neither the Constitution nor the voter's right
of suffrage.

On infringement of petitioner’s rights of suffrage – the Constitution

confers no right to a voter in a city to vote for the provincial officials of
the province where the city is located. Their right is limited to the right
to vote for elective city officials in local elections.

What Art. VI Sec. 1 of the Constitution prohibits are imposition on suffrage

such as poll tax, or requirement of a particular membership in a
school to be eligible to vote. No such burdens are imposed upon
voters since they are free to exercise their rights without any other
requirement.

Not having been ratified – The Constitutional requirement that the

creation, division, merger, abolition, or alteration of the boundary of a
province, city, municipality, or barrio should be subject to a plebiscite
is a new requirement provided in the 1973 Constitution and should
thus be applied prospectively. Therefore, it cannot affect the creation
of the City of Mandaue which came into existence on June 21, 1969.

4) Such charge has no factual and legal basis. "Gerrymandering"

describes an apportionment of representative districts so contrived
as to give an unfair advantage to the party in power." The questioned
statutes do not apportion representative districts. Nor has it been
shown that there is an unfair advantage in favor of the candidates of
the party in power.

Ruling:
WHEREFORE, the petition should be, as it is hereby dismissed. Costs
against the petitioners.